INDIANAPOLIS — On Wednesday, the U.S. Supreme Court ruled 5-4 that non-union workers can't be forced to pay so-called fair share fees to help cover the costs of collective bargaining and other work carried out by public-sector unions.
The decision is widely viewed as a potentially crippling blow to unions representing government workers nationwide. Andrew Bradley, senior policy analyst with the Indiana Institute for Working Families, said the Hoosier state presents a cautionary tale for what can happen when unions lose their bargaining power.
"In 2005, when Indiana got rid of public-sector collective bargaining, we had the 24th highest hourly wages in the nation,” Bradley said. “But as of 2017, we're down to 39th."
Bradley noted that women and people of color could be disproportionately affected by the Janus case, as these populations tend to make up a majority of public-sector workers. He added that Indiana now boasts the sixth-highest gender wage gap in the nation.
The court's decision overturned a 1977 ruling that found unions can collect fees for non-political work that benefits all workers. Opponents of fair-share laws called the decision a win for workers who don't want to be forced to pay for political speech they disagree with, and claim the move will create more choice in the workplace.
Heidi Shierholz is a former chief economist at the U.S. Department of Labor. She said it's already illegal for fair-share fees to be used for political activities. She said giving workers a choice about paying their share of costs associated with negotiating higher wages and benefits and filing workplace grievances is likely to produce what she calls a "free ride" effect.
"Even if they value it highly, they may be unwilling to pay the dues, and that will starve the union of resources and will hurt the ability of the union to provide crucial services,” Shierholz said. “The real goal is to actually starve the unions to reduce their effectiveness."
Shierholz said she believes Wednesday's decision is the result of a 40-year effort to weaken public-sector unions through the courts. In February, a report by the Economic Policy Institute identified a core group of wealthy foundations with ties to powerful corporate lobbies that bankrolled a long line of fair-share fee cases, including Janus.
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As the summer construction season ramps up, the industry is preparing for new requirements under a pending Minnesota law change.
In recent years, Minnesota has cracked down on wage theft. But labor leaders within construction say they were still seeing too many workers being taken advantage of.
They pushed for a bill in the recent legislative session to hold owners and managers of construction sites liable, and not just a subcontractor suspected of wage theft.
Adam Duininck, director of government affairs for the North Central States Regional Council of Carpenters, said the provision was included in a final budget bill.
"The best part about this law, if it works really well," said Duininck, "what will happen is general (contractors) and developers won't hire those bad subcontractors to begin with - because then the general and the developer will understand that they're responsible for that."
The bill does carve out exemptions for certain single-family housing development projects, as well as contractors with collective bargaining agreements.
Some associations within the industry criticized the plan, saying it plays favorites in regard to those exemptions.
But Duininck contended that job sites with unionized contractors often don't have problems with wage theft.
The changes are scheduled to take effect August 1. In the meantime, Duininck said he hopes there's not only awareness among project leaders - but that word spreads among workers as well.
"I think that workers will hopefully feel more empowered to speak up when they are experiencing wage and hour issues," said Duininck. "A lot of the workers that we talk with on this matter come to us as immigrant workers, as workers that don't feel like they have a lot of rights to begin with."
The changes follow Minnesota's wage-theft law that was adopted in 2019.
According to the union, Minnesota joins Illinois as the only other Midwestern state to weave in specific liability language for general contractors and developers.
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Traditional business lending is tight these days following a series of recent bank collapses but one program is helping small businesses grow, focusing primarily on women or people of color.
The ICA Fund offers a 12-week program called "The Accelerator at ICA" which focuses on strategy for growth, personnel, capital, and investment readiness.
Youngwon Lee, founder and CEO of Dokkaebier, an Asian-inspired craft brewery in Oakland, started the business in 2020 and now employs 20 people.
"It is very difficult for us to get opportunities or advice or help as a minority-owned startup," Lee acknowledged. "It's a great opportunity. They connect us with advisers, and actually give us a real-life practical advice and then walk you through the system to be more ready to grow, as well as take investment."
Once participants complete the program, they are eligible for seed money. Last year the ICA Fund served 117 Bay Area businesses, investing $2.4 million into 18 companies. The ICA Fund's business accelerator accepts applications four times a year and the next one is open now.
Allison Kelly, CEO of the ICA Fund, said participants join a cohort of peers and receive one-on-one mentoring with a series of high-caliber advisers.
"For entrepreneurs of color and women entrepreneurs especially, having a trusted network and a peer group helps build confidence, which is a big driver in business success," Kelly explained.
The program is funded by philanthropy and by the federal government. It is one of 10 nonprofit venture capital Certified Development Financial Institutions in the U.S., and the only one in California.
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Minnesota legislators adopted a lot of major policies in this year's session, including actions to support workers in many different fields. State employees are cheering the provisions.
A new statewide paid-leave program is among the highlights as Democrats pushed through a range of proposals with their majorities.
The Minnesota Association of Professional Employees, which represents 15,000 state workers, was a key supporter of the paid-leave plan. Its president, Megan Dayton, said there were other victories, too. Collectively, she said, she feels they'll establish a new era for the state's workforce.
"It's a historic investment," she said. "It's also a breath of fresh air with programs and policies that, in my opinion, echo the spirit of FDR's New Deal."
According to MAPE, pension changes are a big win for its members, including a one-time 2.5% cost-of-living adjustment for retirees. Advocates were also able to secure back pay for state workers in the event of a future government shutdown.
Republicans and some business groups have criticized some of the plans, namely the paid-leave program, set to begin in 2026. The National Federation of Independent Business in Minnesota described it as "complex employment regulations and severe penalties that will create more headaches for Main Street."
However, Dayton said whether it's paid leave or the other policies signed into law, Minnesota is in a better position to attract workers, including state government.
"Recruitment and retention is a really difficult piece of the workforce for everybody right now," she said, "and we think that many of the provisions made through this legislative session will contribute to making the state of Minnesota an employer of choice."
As for other workplace changes, the Legislature broadened protections for nursing mothers and pregnant employees. That includes allowing for a pregnant worker to take longer restroom, food and water breaks as an accommodation without being required to provide documentation.
Disclosure: Minnesota Association of Professional Employees contributes to our fund for reporting on Budget Policy & Priorities, Livable Wages/Working Families, Social Justice. If you would like to help support news in the public interest,
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