The State of Indiana and its political subdivisions must notify public-sector employees of their First Amendment rights against compelled speech that could be associated with payroll deductions for labor-union dues, Attorney General Curtis Hill said in an advisory opinion issued today. They must also provide employees with an annual option to pay such dues and an opportunity to opt-out of paying such dues, Attorney General Hill said.
For employees paying dues in such a manner, Attorney General Hill said, processes must be in place that “show, by clear and compelling evidence, that an employee has voluntarily, knowingly, and intelligently waived his or her First Amendment rights and consented to a deduction from his or her wages.â€
Attorney General Hill issued the advisory opinion in response to questions from state Sen. James R. Buck in light of the 2018 U.S. Supreme Court decision in Janus v. American Federation of State, County, and Municipal Employees Council.
