How to Undo Janus: A User-Friendly Guide

6 Pages Posted: 17 Jun 2018 Last revised: 5 Aug 2018

See all articles by Aaron Tang

Aaron Tang

University of California, Davis - School of Law

Date Written: June 27, 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.

(Version History: This is v2.0 of this white paper, posted on 7/30/18. An earlier version (6/27/18) can be obtained from the author via e-mail).

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 27, 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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