Constitutional Law
Sep. 19, 2025
Private unions and the limits of First Amendment claims
While Janus v. AFSCME struck down agency fees in the public sector, longstanding precedent makes clear that private-sector agency-fee arrangements are contractual, not state action, and thus remain constitutionally valid despite recent challenges.
Arthur Liou
Leonard Carder, LLPEmail: aliou@leonardcarder.com
UC Berkeley SOL; Berkeley CA
Arthur Liou represents public and private sector labor unions, providing advice and advocacy in arbitrations, administrative proceedings, and litigation at Leonard Carder, LLP.
In Janus v. AFSCME, 585 U.S. 164 (2018), the Supreme Court struck down state laws requiring public employees who did not become members of their union to pay "agency fees" -- a lesser percentage of union dues to cover expenses associated with collective bargaining, contract administration, and other non-political union activity that all employees benefited from. Recently, new attempts to expand Janus's reach beyond the public sector have arisen, claiming that ag...
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