How to Undo Janus: A User-Friendly Guide

6 Pages Posted: 17 Jun 2018 Last revised: 12 Jul 2018

Aaron Tang

University of California, Davis - School of Law

Date Written: June 1, 2018


This short white paper explains how progressive states can undo the disruptive effect of the Supreme Court's decision invalidating public union fair share fees in Janus v. AFSCME, Council 31.

Put succinctly, lawmakers can amend state law to permit government employers to reimburse unions for their bargaining-related expenses directly. Such an amendment would be revenue neutral for government employers and unions, and it would result in a net increase in take home pay for public sector workers (on the order of $200 per year for an unmarried worker making $50,000).

The paper describes how this approach would work, considers major objections, and proposes model legislation for lawmakers to consider. A more detailed discussion of all of the issues implicated by this proposal can be found in a full-length companion article entitled, Life After Janus.

Keywords: Janus, Life After Janus, Unions, Public Sector Unions, Fair Share Fees, Agency Fees

Suggested Citation

Tang, Aaron, How to Undo Janus: A User-Friendly Guide (June 1, 2018). Available at SSRN: or

Aaron Tang (Contact Author)

University of California, Davis - School of Law ( email )

Martin Luther King, Jr. Hall
Davis, CA CA 95616-5201
United States

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