After Janus: Union Dues and Agency Fees for NJ Public Employees in 2026

The Supreme Court's ruling in Janus v. AFSCME reshaped public-sector labor relations across the country. For New Jersey public employees, disputes involving payroll deductions and resignation rights continue to influence the employment relationship between workers, unions, and government employers. Those questions remain relevant years after the decision. 

Public employees no longer have to pay agency fees to a union as a condition of employment following Janus. 

The legal landscape changed after Janus, but many public employees still have questions about payroll deductions and membership rights. At Brandon J. Broderick, we often hear from workers who are trying to understand what authorizations remain enforceable. 

In this guide, we discuss how Janus changed agency fee requirements, what rights public employees retain in 2026, and when it may be helpful to consult an employment lawyer in New Jersey. 

How Janus Changed Union Dues for New Jersey Public Employees

Janus v. American Federation of State, County, and Municipal Employees, Council 31 was decided on June 27, 2018. 

The Supreme Court ruled 5-4 that state laws requiring public-sector employees to pay agency fees violated the First Amendment. The decision overruled Abood v. Detroit Board of Education, which had allowed those fees for more than 40 years.

Understanding agency fees requires understanding the role unions played before Janus. A union designated as the exclusive bargaining representative negotiated and administered the contract on behalf of every employee in the bargaining unit, regardless of membership status. 

Non-members had to pay a fee covering these bargaining activities, sometimes called "fair share" fees. The amount was set annually and deducted from the worker's paycheck. Non-members weren't required to pay for political and ideological activities, only for representational ones. For some workers, every payroll deduction mattered. Around 51% of Americans don’t have enough emergency savings to cover three months of expenses after a job loss or illness. 

Janus ended that arrangement for public-sector workers. Public-sector employees can no longer be required to pay any agency fee. 

Dues come out of a worker's paycheck only with the worker's affirmative consent. The Court explained that employees cannot be treated as having agreed to support an organisation unless that choice is clearly shown. 

Private-sector dues and agency fees remain governed by the National Labor Relations Act and weren't affected by the decision. Unions still serve as exclusive representatives for the bargaining unit, including non-members. 

Public-sector workers retain the right to join and pay dues voluntarily. The duty of fair representation still applies, meaning the organisation still has to represent every worker in the bargaining unit fairly, member or not.

For New Jersey, the impact is substantial. The state has thousands of public sector employees across state government, municipalities, school districts, county agencies, and authorities. Before Janus, the NJEA (teachers), AFSCME (state and county workers), CWA, PBA (police), FMBA (firefighters), and other organisations collected agency fees from non-members. 

After Janus, voluntary membership and union organizing efforts increased to maintain support and participation among workers. 

How the WDEA Changed Agency Fee and Dues Revocation Rules for NJ Public Employees

On May 18, 2018, over a month before the Supreme Court issued its decision, Governor Phil Murphy signed the Workplace Democracy Enhancement Act (WDEA), P.L.2018, c.15.

The WDEA's central restriction is the 10-day opt-out window. Employees of a public employer who previously authorized dues deductions have to give written notice to revoke them. 

The notice has to go to the employer during the 10 days following each anniversary of their employment. Upon receipt, the employer notifies the union within five days. The revocation takes effect on the 30th day after the anniversary date.

Anniversary date means the date the employee started with the employer, not the date the worker joined the union or signed the dues card. A worker hired on September 1 has from September 1 through September 10 each year to revoke. Missing the window locks the worker into another year of wage deductions.

The WDEA also imposed broader obligations on the employers. This includes:

• Public employers have to allow organisations to conduct on-site meetings during lunch, non-work breaks, and before and after the workday
• Unions must be permitted to meet with members during the workday to discuss grievances and other workplace issues
• Public employers have to give unions at least 30 minutes to meet with new hires during orientation, within 30 days of hire
• Employers have to provide unions with detailed contact information for every new and existing unit employee, including name, address, phone numbers, email, and date of hire
• Workers are allowed to sign dues authorizations through electronic communication and electronic signatures

The 2022 Returning Class Notice Act (P.L.2021, c.408) added related procedural elements for school employees. The central 10-day rule remained intact.

The experience can vary. The NJEA has publicly stated that it accepts revocation requests throughout the year rather than strictly enforcing the 10-day window. 

Other organisations, including AFSCME, the IBEW, and several public-sector unions in New Jersey, have continued to follow the statutory window. One of the first things our attorneys at Brandon J. Broderick look at is the specific policies. They often affect how resignation and revocation requests are handled. 

Learn More: Wrongful Termination in NJ After Refusing to Participate in Union-Busting Activities

Legal Challenges Involving Union Dues and Opt-Out Rights in New Jersey

The 10-day window has been challenged in federal court multiple times since 2018. Workers argued that limiting Janus rights to 10 days a year violates the First Amendment.

Three cases stand out. 

In Thulen v. AFSCME, AFL-CIO, decided by the Third Circuit in 2021, two AFSCME members challenged the WDEA's window provision. They argued the law prevented them from resigning from the union and revoking their dues authorizations outside the 10-day annual window. The case was dismissed. Both plaintiffs had ultimately revoked their authorizations, which removed the ongoing injury required to keep the case alive.

Lack of communication became a recurring issue after Janus. In Fischer v. Governor of New Jersey (3d Cir. 2021), two Ocean Township teachers challenged the WDEA after the NJEA refused to honor their July 2018 resignations. They had signed authorization cards that included terms agreeing to the WDEA's terms. 

On appeal, the Third Circuit affirmed dismissal. The union didn't violate Janus because the teachers had voluntarily signed the paperwork agreeing to the time limits. The Supreme Court declined to hear their petition.

Lutter v. JNESO, 86 F.4th 111 (3d Cir. 2023), also involved a challenge to the revocation rules. The case was brought by an Essex County nurse after JNESO continued deducting union dues following a revocation request submitted outside the statutory window. 

Lutter sent written notice to Essex County, requesting an end to the dues deductions as soon as the revocation window opened. JNESO eventually returned the disputed money, and the courts ultimately dismissed her case. 

The district court in Thulen expressed constitutional concerns about the WDEA's revocation language and ultimately concluded that the provision was unconstitutional. Although the plaintiffs' claims were dismissed on standing grounds, that constitutional analysis remains part of the decision. 

Many of the post-Janus cases have followed a similar path. Across the decisions our attorneys have reviewed, courts have frequently dismissed claims on procedural grounds without reaching the broader constitutional questions surrounding the WDEA. 

At the same time, federal courts have upheld dues authorization agreements that contain revocation restrictions, treating them as enforceable contracts. The debate has also expanded to include unionization rights for freelancers and independent contractors. 

Opt-Out Rights for New Jersey Public Employees

A New Jersey public employee who wants to stop paying agency fees has the right to do so under Janus. The WDEA adds procedural steps.

How to opt out under current rules:

• Identify the employment anniversary date (the actual hire date with the public employer)
• Prepare a written revocation notice asking the employer to stop dues deductions
• Send a copy of the notice to the union for transparency
• Deliver the notice within the 10-day window following the anniversary date
• Confirm the employer notifies the organisation within five days
• Expect dues deductions to stop on the 30th day after the anniversary date
• Keep copies of the notice, delivery confirmation, and any responses

Ending the membership and stopping deductions are related, but they are not the same thing. A worker may need to complete both steps to fully end the relationship with the union. 

Opting out of the membership doesn’t affect the terms of the collective bargaining agreement. Workers often remain covered by negotiated wage rates, benefits, workplace protections, grievance procedures, and other contract provisions. This can include rules governing donning and doffing time or overtime rates. 

Workers remain entitled to fair representation regardless of membership status. While some fees might be charged for certain individual services, those are separate from regular deductions. 

Non-members may no longer receive:

• Voting privileges within the organisation 
• Liability insurance coverage
• Certain legal services offered through the union
• Member-only benefit programs
• Discounts and related services

Workers interested in those protections may need to explore alternatives outside the union.

Workers who submit a valid opt-out or dues revocation request and continue to have union dues deducted may have legal options available. Similar issues can arise when a union refuses to process a request that was properly submitted under the applicable rules. Depending on the circumstances, workers may be able to seek recovery of improperly collected dues and other available remedies.

If you have questions about union dues deductions or membership rights, contact us today for a free consultation.