[JURIST] Wisconsin trial judge William Foust [official website] on Friday struck down [opinion, PDF] a Wisconsin law that would bar unions from reaching agreements to force private-sector workers to pay the equivalent of union dues. Signed into law last year, the “Right to Work” law [Act 1 text] was deemed an unconstitutional seizure of union property, as the law still required unions to represent those not paying dues. The law briefly made Wisconsin the twenty-fifth state to adopt such legislation and was envisioned by Governor Scott Walker [official website] as an integral part of his run for president. In ruling, Foust stated:
Labor is a commodity that can be bought and sold. A doctor, a telephone company, a mechanic—all would be shocked to find they do not own the services they perform. … Unions are no different; they have legally protectable property interest in the services they perform for their members and nonmembers.
State Attorney General Brad Schimel [official website] vowed to appeal the decision.
Standards on employment issues are ever-changing in the US. Earlier this month, the California Supreme Court ruled [JURIST report] that employees who can do their jobs while seated are entitled to a place to sit. The court held in a 7-0 ruling that “if the tasks being performed at a given location reasonably permit sitting, and provision of a seat would not interfere with performance of any other tasks that may require standing, a seat is called for.” In February the Ninth Circuit ruled [JURIST report] that employers may no longer collect tips from service employees and share them with support staffed even if the tipped employees are receiving minimum wage. Earlier that month Oregon legislature approved [JURIST report] a law creating the highest minimum wage in the country. Also in February West Virginia became the twenty-sixth state to pass a right-to-work law, barring employers [JURIST report] from requiring that their employees pay union fees.