KP-0310
Ken Paxton
Categories
Constitutional Law - United States , First Amendment , Labor , Labor Organizations , State Boards, Commissions, Departments , State Officers and EmployeesSummary
Public employers must ensure that employee consent to a payroll deduction for membership fees or dues in a union or employee organization is collected in a way that ensures voluntariness, such as requiring direct provision of authorization from an employee to an employer. A one-time, perpetual consent to a payroll deduction for membership fees or dues is inconsistent with the U.S. Supreme Court’s holding in Janus; however, consent for one year from the time given is likely valid and is sufficiently contemporaneous to be constitutional.