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The Thrill of Victory and the Agony of Defeat: Illinois Home Health Aides Must Sue Individually To Recoup Fair Share Fees

By Patrick S. Richter, Howard M. Bloom & Philip B. Rosen on October 25, 2017
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Home health aides who successfully objected to the collection of “fair share” fees without their consent may not proceed as a class, a panel of the U.S. Court of Appeals for the Seventh Circuit has ruled, affirming a lower court’s determination. Riffey v. Rauner, No.16-3487 (7th Cir. Oct. 11, 2017).

The home health aides had prevailed at the U.S. Supreme Court on their claim that the deduction of “fair share” fees violated their rights under the First Amendment. Harris v. Quinn, 134 S.Ct. 2618 (2014).

On remand to the trial court, the aides sought class certification for their claim seeking a full refund of all fair share fees collected without their consent. The U.S. District Court for the Northern District of Illinois denied the request.

The three-judge panel of the Court of Appeals affirmed the trial court’s ruling. The panel focused on the over-breadth of the proposed class, the resulting “highly individualized” inquiries that would be required to determine whether any individual class member had suffered an injury, and the extent of any such injury. Accordingly, the home health aides, who obtained a landmark victory in in the Supreme Court, must sue individually.

 

 

 

 

 

 

 

 

 

Photo of Howard M. Bloom Howard M. Bloom
Read more about Howard M. BloomEmail
Photo of Philip B. Rosen Philip B. Rosen

Philip B. Rosen is a Principal in the New York City office of Jackson Lewis P.C. and a member of the Firm’s Management Committee. Mr. Rosen also leads the firm’s Labor Practice Group. He joined the Firm in 1979 and served as Managing…

Philip B. Rosen is a Principal in the New York City office of Jackson Lewis P.C. and a member of the Firm’s Management Committee. Mr. Rosen also leads the firm’s Labor Practice Group. He joined the Firm in 1979 and served as Managing Partner of the New York City office from 1989 to 2009.

Mr. Rosen lectures extensively, conducts management training, and advises clients with respect to legislative and regulatory initiatives, corporate strategies, business ethics, social media, reorganizations and reductions-in-force, purchase/sale transactions, sexual harassment and other workplace conduct rules, compliance with the Americans With Disabilities Act, wrongful discharge and other workplace litigation, corporate campaigns and union organizing matters, collective bargaining, arbitration and National Labor Relations Board proceedings. He has been quoted by the press on many labor matters, including the National Labor Relations Board’s recent initiatives on protected concerted activity and the proposed Notice Posting requirements.

Read more about Philip B. RosenEmail
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  • Posted in:
    Employment & Labor
  • Blog:
    Labor & Collective Bargaining
  • Organization:
    Jackson Lewis P.C.

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