'Right to Work' Laws: Overview and State Guide
States with right-to-work law prohibit employers and unions from requiring employees to join unions or pay union dues as a condition of employment. These state laws protect an individual’s freedom of association by preventing compulsory membership. The Supreme Court extended these protections to all government workers. However, for employees in the private sector, these laws vary by state.
There are many controversial issues surrounding labor laws, with many involving unions. Some believe unions help improve working conditions and wages for everyone, while others think unions wield too much power and stifle economic growth.
Perspectives like these shape arguments regarding state right-to-work laws, which limit what unions and employers can require of workers in their state. Regardless of your position on unions and labor laws, it’s helpful to know what the right-to-work laws are where you live and in neighboring states.
Unions often represent all workers in a bargaining unit, regardless of whether they are union members. As a result, unions often try to persuade employers to sign contracts that require all workers to pay union dues as a condition of employment.
Over half of the states have right-to-work laws, which prohibit employers and labor organizations from requiring non-union employees to pay these fees. Many states’ right-to-work laws also include language that states that unions and employers may not require membership in a labor organization as a condition of employment.
Navigating the complexities of labor laws and right-to-work regulations can be confusing. Understanding your rights is crucial. Contacting a local labor attorney if you have questions or concerns about your legal protections and obligations is a good idea.
This article outlines what to know about right-to-work laws. You will also find a table at the end that summarizes right-to-work laws by state. States with right-to-work laws also link out to specific statutes.
Who Do ‘Right-to-Work’ Laws Protect?
Right-to-work laws protect non-union employees. The protection is available to workers who choose to maintain or accept a position in a union shop even though they are not in the union.
The government passed these laws because unions were charging non-union employees membership dues. They argued that non-union workers benefited from the work of union leaders.
Workers challenged this practice, arguing that they shouldn’t have to pay union dues if they aren’t in the union. The union leaders can’t unilaterally decide to charge these employees for services they expressly declined.
The Basics of Union Representation
Under existing law, employees, as a group, can choose to have a union represent them in their relationship with their employer. Such representation often leads to a collective bargaining agreement spelling out the terms and conditions of that employment.
In return for its services, the union seeks dues from the employees covered by the agreement. Before right-to-work laws, unions would demand payment from non-union employees because they enjoyed the benefits of new labor agreements.
Some of the issues a union representative negotiates on behalf of employees include the following:
- Wages
- Benefits
- Hours
- Overtime
- Health benefits
- Tuition reimbursement
- Legal representation
- Other working conditions
A problem with a union negotiating issues like these is that there are frequently employees covered by the agreement who don’t want to belong to the union or pay union dues. The interests of these employees have led to the development of so-called right-to-work laws.
Right-To-Work Laws Don’t Prevent Your Employer From Firing You
Right-to-work laws protect you from having to pay union dues. They don’t prevent your employer from firing you. More than 75% of Americans live in at-will employment states. Companies can terminate at-will employees for any lawful reason and at any time.
An employer may fire you because you’re demanding that they enforce the local right-to-work laws. If this happens, you have the option of filing a wrongful termination lawsuit. If you decide to pursue this, you’ll want to consult an employment attorney.
State and Federal Right-To-Work Laws
The U.S. Supreme Court has long held that employees don’t have to join a union to obtain or keep a job covered by a collective bargaining agreement. People commonly refer to these jobs as “union jobs.”
According to the Supreme Court, a union can’t force an employee to pay the union dues required for union membership. These court decisions have provided that unions could require that all employees pay an “agency fee” or “fair share” payment.
These payments are the portion of union dues that cover the union’s collective bargaining, contract administration, and grievance handling costs. Agency fees are lower than full union dues, but not always by much.
Because of this less-than-satisfactory solution, more than half of state laws support employees’ right-to-work laws. Under these laws, companies and union leaders can’t force an employee to join a union or require them to pay union dues and agency fees to obtain or hold a job with a union employer.
While the specifics of these laws vary from state to state, all states offer remedies for violations. These remedies may include:
- Civil enforcement
- Money damages
- Injunctive relief (a court-ordered remedy requiring a party to do or refrain from specific acts to prevent harm or resolve a legal dispute)
Some statutes even provide for criminal penalties. In a 2018 Supreme Court case, Janus v. AFSCME, the Court held that employers and unions can’t compel a public employee to join a union. The Court also agreed that non-union workers don’t have to pay union dues or agency fees as a condition of employment.
This decision, which applies to all federal, state, and local government employees, effectively made every state a right-to-work state. These cases only apply to the public sector.
Regardless of the source of an employee’s rights, they must notify the union that they wish to be free of union membership, dues, and agency fees. The union is responsible for complying with the employee’s decision.
If a union leader or employer requires you to join a union or pay union dues, contact an employment law attorney. Dues can get expensive. The more time that goes by, the harder it’ll be for you to recover your money.
‘Right-To-Work’ Laws: A Brief Timeline
State legislatures in Arizona and Florida passed the first right-to-work laws in 1944. Arizona and Nebraska followed suit just two years later. The timeline of when the other states passed these laws is as follows:
- 1947 – Virginia, Tennessee, North Carolina, Georgia, Iowa, South Dakota, Texas
- 1948 – North Dakota
- 1952 – Nevada
- 1953 – Alabama
- 1954 – Mississippi, South Carolina
- 1955 – Utah
- 1958 – Kansas
- 1963 – Wyoming
- 1976 – Louisiana
- 1985 – Idaho
- 2001 – Oklahoma
- 2012 – Indiana
- 2013 – Michigan (later repealed in February 2024)
- 2015 – Wisconsin
- 2016 – West Virginia
States that aren’t on this list do not have right-to-work laws. Whether you live in a state with these laws or not, it’s best to ask an employment attorney for help.
Congress and state legislatures passed right-to-work laws because various labor unions were gouging non-union workers for excessive fees. These laws allow people to work without paying union dues. They also have the right to maintain their current jobs and seek promotions without joining a union.
States With Right-to-Work Laws
The following table summarizes right-to-work laws in the 26 states that currently have them. Each state’s specific statutes, remedies for violations, and key provisions are outlined below.
|
State |
Law on Union Fees |
Law on Union Membership |
Remedy for Violation |
State Statutes |
|
Alabama |
Payment of dues or fees to a union cannot be a condition of employment. |
Union membership cannot be a condition of employment. Employer cannot prohibit union membership. |
Employee may recover damages caused by violation of right to work laws. |
|
|
Arizona |
N/A |
No one can be denied work due to non-membership in a union. Cannot threaten or force someone to join union, participate in strike, or leave employment. Cannot encourage others not to work with non-members. |
May sue for damages and injunctive relief for violation of right to work laws. |
|
|
Arkansas |
No one can be forced to pay dues to a labor organization as condition of employment, unless agreed to in writing. |
No one can be denied employment because of membership or non-membership in union |
Violation amounts to a misdemeanor punishable by a fine between $100 and $5,000 per day. |
|
|
Florida |
N/A |
Right to work may not be denied or abridged due to membership or non-membership in labor organization. May not deny employment or discriminate against person for membership or non-membership in labor organization. |
Violation punishable as second degree misdemeanor. May sue for damages, injunctive relief, attorneys’ fees, and possibly punitive damages. |
|
|
Georgia |
No individual can be required to pay any fee to a labor organization as a condition of employment. |
Unlawful to compel person to join or refrain from joining a labor organization, or to strike or refrain from striking. Membership in labor organization may not be condition of employment. |
Injunctive relief, damages, costs, and attorneys’ fees recoverable for voidable contracts. Violations punishable as a misdemeanor. |
|
|
Idaho |
No person can be required to pay dues, fees or other charges to a labor or other organization as a condition of employment, unless agreed to in writing. |
Cannot require membership, non-membership, or approval by labor organization as condition of employment. |
Violations punishable as a misdemeanor with a fine not more than $1000, or prison for not more than 90 days. May sue for injunctive relief and damages including costs and attorneys’ fees. |
|
|
Indiana |
Person may not require individual to pay dues, fees, etc. to labor or other organization as condition of employment. |
Person may not require individual to become or remain member of labor organization. |
Violation may be punished as Class A misdemeanor. May sue for actual and consequential damages or liquidated damages not more than $1,000; costs and attorneys’ fees; injunctive relief. |
|
|
Iowa |
May not require payment of dues, fees, etc. to labor organization as prerequisite or condition of employment. |
May not refuse employment because of membership or non-membership in labor organization. |
Violation punishable as a serious misdemeanor. May seek injunctive relief. |
|
|
Kansas |
Employer may not deduct labor organization dues from employee paycheck without written authorization. |
No one can be denied employment due to membership or non-membership in labor organization. Membership in union cannot be a prerequisite to employment. |
May sue for actual damages and attorneys’ fees within one year. Injunctive relief available. |
Kan. Const. Art. 15 §12; §44-802 et seq.; 44-808 et seq.; 44-831 |
|
Kentucky |
May not require payment of fees to labor organization or deduct dues from paycheck without written consent. |
May not require membership in labor organization as condition of employment. |
Violation may be punished as a Class A misdemeanor. May sue for damages and injunctive relief. |
|
|
Louisiana |
No person shall be required to pay any dues, fees, etc. to a labor organization as a condition of employment. |
No person shall be required to become or remain a member of a labor organization as a condition of employment. |
May sue for injunctive relief and damages. Violation may be punished as a misdemeanor subject to a fine of up to $1,000 and/or imprisonment for up to 90 days. |
|
|
Mississippi |
No person can be required to pay labor organization dues or fees as a condition of employment. |
No person can be required to become, remain, or abstain from membership in a labor organization as a condition of employment. |
May sue for actual damages. Violations may be punished as a misdemeanor with a fine of between $25 and $250 per day. |
|
|
Missouri |
No person shall be required to pay any dues to a labor organization as a condition of employment. |
No person shall be required to become, remain, or refrain from becoming a member of a labor organization as a condition of employment. |
Violation punishable as a class C misdemeanor. May sue for injunctive relief, damages, costs, and attorneys’ fees. |
SB 19 to amend Ch. 290 |
|
Nebraska |
No person shall be denied employment because of refusal to pay a fee directly or indirectly to a labor organization. |
No person shall be denied employment because of membership or non-membership in a labor organization. |
Violations may be punishable as a class IV misdemeanor with a fine of up to $500. |
Neb. Const. Art. XV, §13 et seq; §48-217 et seq.; 48-824; 81-1386; 28-106 |
|
Nevada |
N/A |
No person shall be denied opportunity to obtain or retain employment because of non-membership in labor organization. |
May sue for damages for violations of right to work laws. Injunctive relief available. Violations punishable as misdemeanor. |
|
|
North Carolina |
No employer shall require any person to pay dues, fees, etc. to a labor organization as a condition of employment. |
Non-members of a labor organization shall not be denied the right to work. Membership may not be a condition of employment. |
May sue for damages sustained as a result of violation of right to work laws. |
|
|
North Dakota |
A nonunion employee may not be compelled to pay expenses incurred by labor organization in course of general collective bargaining. |
Right of person to work may not be denied or abridged on account of membership or non-membership in labor organization. |
N/A |
§34-01-14 et seq.; 34-11.1-01 et seq. |
|
Oklahoma |
No person shall be required, as a condition of employment, to pay any dues, etc. to a labor organization. |
No person shall be required, as a condition of employment, to become or remain a member of a labor organization. |
Violation punishable as a misdemeanor. |
|
|
South Carolina |
May not require payment of fees, etc. to a labor organization as a condition of employment. |
May not require membership or non-membership in labor organization as a condition of employment. |
Violation is punishable as a misdemeanor with imprisonment between 10 and 30 days, and/or a fine of between $1,000 and $10,000 for each offense. May sue for injunctive relief, actual damages, costs, attorneys’ fees, treble and punitive damages. |
|
|
South Dakota |
Unions and employers are not authorized to require payment of fees in lieu of membership in a labor organization as a condition of employment. |
The right of persons to work shall not be denied or abridged on account of membership or non-membership in a labor organization. Employers and unions are not authorized to require membership as a condition of employment. |
Violations amount to a Class 2 misdemeanor punishable by 30 days’ imprisonment and/or $500 fine. |
S.D. Const. Art. 6 §2; §60-8-1 et seq.; 60-9A-14; 3-18-1 et seq.; 22-6-2 |
|
Tennessee |
Unlawful to exclude from employment any person for their failure to pay dues, fees, etc. to a labor organization. |
Unlawful to deny or attempt to deny employment because of a person’s membership or non-membership in a labor organization. |
Violations amount to a Class A misdemeanor. |
§50-1-201 et seq.; 49-5-601 et seq. |
|
Texas |
Labor organization may not demand fee from non-member as a condition of employment. Employer may not deduct fee from paycheck without employee’s written consent. |
A person may not be denied employment based on membership or non-membership in a labor union. |
Certain violations punishable with civil penalty of up to $1,000, and an injunction. Certain violations also punishable as misdemeanor with fine of up to $500, confinement for up to 60 days, or both. May sue for damages. |
101.003 et seq.; 101.051 et seq.; 101.111; 101.301 et seq.; 617.004 |
|
Utah |
No employer shall require any person to pay dues, fees, etc. to any labor organization as a condition of employment. |
No person shall be denied the right to work on account of membership or non-membership in any labor organization. |
May sue for injunctive relief and damages. Violations constitute a misdemeanor. |
|
|
Virginia |
No employer shall require any person, as a condition of employment to pay any dues, fees, etc. to any labor organization. |
Unlawful to deny employment on account of non-membership in a labor organization, or to make membership a condition of employment. |
May sue for injunctive relief and damages of any character. Violations constitute a misdemeanor. |
|
|
West Virginia |
May not require a person to pay any dues, fees, etc. to a union as a condition of employment. |
May not require person to become or remain a member of a union as a condition of employment. |
May sue for damages. |
|
|
Wisconsin |
No person may require an individual to pay any dues, fees, etc. to a labor organization as a condition of employment. |
No person may require an individual to become or remain a member of a labor organization as a condition of employment. |
May sue for damages and injunctive relief. Violations considered unfair labor practices. |
|
|
Wyoming |
No person is required to pay or refrain from paying any dues, fees, etc. to any labor organization as a condition of employment. |
No person is required to become or remain a member of any labor organization as a condition of employment. |
May sue for damages and injunctive relief. Violation constitutes a misdemeanor punishable by a fine of up to $1,000, imprisonment for up to six months, or both. |
Note: This table reflects right-to-work laws as of 2024. Michigan, which had a right-to-work law from 2013 to 2024, repealed its statute in February 2024 and is no longer a right-to-work state.
States Without Right-to-Work Laws
The following 24 states and the District of Columbia do not have right-to-work laws:
- Alaska
- California
- Colorado
- Connecticut
- Delaware
- District of Columbia
- Hawaii
- Illinois
- Maine
- Maryland
- Massachusetts
- Michigan (Michigan repealed its right-to-work law in February 2024, becoming the first state to do so in nearly 60 years)
- Minnesota
- Missouri (While passed by the legislature, SB 19 was subsequently suspended by a petition drive and rejected by Missouri voters in an August 2018 referendum, preventing it from taking effect)
- Montana
- New Hampshire
- New Jersey
- New Mexico
- New York
- Ohio
- Oregon
- Pennsylvania
- Rhode Island
- Vermont
- Washington
In these jurisdictions, unions may negotiate agreements that require employees to pay fees equivalent to union dues, often called “agency fees” or “fair share fees,” to cover the costs of collective bargaining and contract administration. Federal law still prohibits requiring actual union membership anywhere in the United States.
If you work in one of these states and have questions about your rights regarding union membership or fees, contact a labor law attorney in your state.
When To Contact an Attorney and Who To Talk To
Right-to-work laws can be complex. Many employees have questions about union membership, rights, and obligations. Whether you’re encountering issues at your current job or have questions about joining a new company, it’s important that you get advice from an expert.
Depending on your situation, you may want to talk to a labor attorney or an employment lawyer. It’s important that you know who to speak to. Time is of the essence, especially when work issues are at play.
Here is a general rule for when you would talk to a labor attorney vs. an employment lawyer:
Labor attorney
You would want to contact a law office that handles labor issues when you are dealing with the following:
- Union-related matters
- Organizing or representing a union
- Negotiating collective bargaining agreements
- Facing any kind of legal dispute as a union member
Employment lawyer
You’re better off contacting a law firm that specializes in employment law in the following situations:
- Wage and hour issues
- Wrongful termination
- Discrimination
- Safety in the workplace issues
- Harassment or retaliation
Knowing which attorney you need is a good start. Next is understanding what kind of issues may require legal representation.
When Should You Contact an Attorney?
It’s not feasible to call a lawyer every time you have a question about work. There are times when you should reach out for legal advice and times when you should be able to resolve things on your own. Let’s take a closer look at some of the more important issues you may encounter:
Union Membership and Union Dues
If you belong to a union, you know about union dues and other membership fees. If you feel that the union is overcharging you or using the money in an improper manner, you have the right to question your union representative.
Some of the union membership issues that may require legal advice include:
- A union is requiring you to pay dues when you live in a right-to-work state
- You are unsure about which dues a union can charge you as a member
- Your union is demanding that you pay excessive fees
- You have a question about “Beck’s Law”, which limits how much an individual has to pay in collective bargaining costs
- Your employer is threatening you about not joining a union
- You are not clear on your state’s rules about what dues a union is allowed to charge
A labor attorney can address most of these concerns.
Retaliation and Coercion
It’s against the law for an employer to retaliate against a worker for joining (or not joining) a union. It is also illegal for them to coerce you into joining or not joining a union.
Some of the issues you may want to speak with a labor attorney about include the following:
- Your employer is pressuring you to join (or not join) a union
- Your company is promising you special benefits if you don’t join a union
- Your employer is threatening you or retaliating against you regarding your union status
- You have been blacklisted or refused employment because of your union affiliation
If you are dealing with any of the above issues, you should speak with an experienced labor attorney.
Contract and Employment Issues
Employment lawyers specialize in employment issues. Because your employer has much more bargaining power than you do, it’s a good idea to consult an attorney before any negotiations or confrontations.
A skilled employment attorney can help you with the following concerns:
- Your employment contract interferes with your state’s right-to-work laws
- You have questions about union security agreements in your workplace
- You are disputing union dues checkoff authorization
- You have concerns about how the union is using membership fees
While you may be able to address some of these issues with your company’s human resources department or union steward, you should still talk to an attorney to protect your rights.
Private Sector Employment Issues
If you work in the private sector, you may still have questions about union membership. There’s nothing wrong with contacting an employment lawyer to quiet any concerns you have.
Some of the private sector issues you can discuss with an employment attorney include:
- Questions about your rights after the Janus decision
- You are being forced to pay union dues as a government employee
- You have questions about opting out of a union
These are heavy questions and can significantly impact your employment. Speak with an experienced employment attorney if you’re uncertain about anything.
Issues in Non-”Right-To-Work” States
If you don’t live in a right-to-work state, you may run into union issues more often than others. Some of the issues you may encounter in non-” Right-to-Work” states include:
- Questions about what kind of fees they can require you to pay
- Disputes over “fair share” or agency fee calculators
- Concerns about union-representation despite non-membership
Fees can add up. Speaking with an attorney sooner rather than later can help prevent things from getting out of control.
Get Legal Advice About Right-To-Work Laws
Does your job have a labor organization running contract negotiations? If so, you have the final say in joining that union. If the union leaders at your company are forcing you to pay dues, you should contact an employment lawyer.
Your attorney will identify the labor laws that apply to your case and advise you on what steps to take. This will depend on your state laws and the industry you work in. It also depends on various factors, such as the nature and extent of your harm.
If you believe your employer or union leader violated your rights as a worker, contact a local employment law attorney. Most firms offer a free initial consultation. This allows you to discuss your case with someone familiar with right-to-work laws.
Can I Solve This on My Own or Do I Need an Attorney?
- Some employment legal issues can be solved without an attorney
- Complex employment law cases (such as harassment or discrimination) need the help of an attorney to protect your interests
Legal cases for wage and benefit issues, whistleblower actions, or workplace safety can be complicated and slow. An attorney can offer tailored advice and help prevent common mistakes.
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