Page 11 - 2018 Janus Toolkit LG

remaining members of an employee organization.”

As mentioned earlier, SB 866 will have a significant impact on public employers in California. Under SB
866, public employers are not able to obtain an employee’s written authorization for payroll deductions to a
union unless a dispute arises about such deductions. This could significantly hamper the ability to properly
process payroll if the employer does not have up-to-date payroll records of who is an agency fee payer. The
bill does provide for indemnification by the union for any disputes related to deductions but does not require
the union to also defend the employer in those disputes. This means that the employer will need to defend
any such claim and only after doing so would be entitled to indemnification by the union. Employers should
review their memorandums of understanding, which may require the union to both indemnify and defend the
employer in disputes related to deductions.

This bill also modifies AB 119, by providing that the time, place, and location of new employee orientations
are confidential and can only be shared with the employee(s), union, and any vendor contracted to provide
services for purposes of the orientation.

Finally, as discussed above, SB 866 provides that before a public employer distributes to employees any
mass communication concerning their rights to join or support a union, or to refrain from doing so, it must
confer with the union. This is significant and alters public agency operation above and beyond Janus.

There are likely to be a number of questions that arise. At each of our eight offices, we are here to help you
navigate the complexities of the post-Janus world.

Janus v. AFSCME Frequently Asked Questions LozanoSmith.com