Arizona Right-To-Work Laws

Unlike many states, Arizona has made the right to work part of its state constitution. In addition to state law, Article XXV of the Arizona Constitution prohibits companies from denying employment based on membership or non-membership in a union or labor organization.

Employment laws define employee rights in matters such as wage rates, working conditions, and the length of the workweek. When labor unions first organized in the early 20th century, companies tried to prevent workers from joining. Later, as labor relations improved and unions gained more power, union shops sought to control membership and job access by negotiating contracts that required companies to force new hires to join the union.

To prevent people from losing work if they preferred not to join a union, Arizona and other states enacted right-to-work laws. These laws prohibit employers from requiring union membership as a condition of employment. They also prevent employers from treating union and non-union members differently. Under the National Labor Relations Act (NLRA), all employees must have the same wages and benefits under a union contract or collective bargaining agreement, whether or not they pay union dues.

In states that lack these laws, employers may have contracts requiring union membership or payment of membership fees as a condition of employment. As of 2026, the states are split almost evenly on right-to-work laws.

Arizona’s Right to Work Laws

The Arizona Revised Statutes (ARS) codify the Arizona Constitution and state that workers must have the option to refuse to join a union. The law applies to private workers, public employees, and any unionized government workers.

Right to Unionize

Under the National Labor Relations Act (NLRA), all Americans have the right to form unions and collective bargaining units to negotiate wages and benefits with their employer. Arizona’s right-to-work laws guarantee that a worker does not have to engage in these efforts or join any subsequent union. Gig workers can unionize in some states, but most independent contractors are not covered by the NLRA.

At-Will Employment

“Right to work” is often confused with “at-will employment.” Although they sound similar, the two legal concepts are not related. Right to work involves union membership. At-will employment concerns the employment relationship.

Arizona is an at-will state. Under this system, either the employer or the employee may end the employment relationship at any time. This can be for any reason and with or without notice, unless a contract states otherwise. Arizona’s Employment Protection Act (AEPA) provides statutory exemptions to the at-will relationship if:

• A written contract or bargaining agreement says the employment is not at-will
• The employee is terminated in violation of Arizona law
• The employee is terminated in violation of federal law

Both Arizona and federal law prohibit terminating or discriminating against an employee based on:

• Race, religion, gender, or national origin
• Lawful use of medical leave or workers’ compensation
• Requesting time off for jury duty or other legal rights

A job firing for any of these reasons is subject to fines and open to civil lawsuits.

Violations and Penalties

Arizona workers have a civil right of action against employers who violate labor laws. If you believe you were terminated or lost a job because of union membership, you should speak to an employment law attorney for legal advice.

You should report all labor law violations to the Industrial Commission of Arizona, the department that oversees matters regarding labor violations. Civil rights violations should be filed with the Civil Rights Division of the Attorney General’s Office or the EEOC. An attorney can explain what you need to file a complaint with the department.

For a violation of the right-to-work laws, employees may receive:

• Civil recovery for damages such as lost wages and benefits
• Injunctive relief if they were the victims of any injury or harassing behavior
• Civil fines and restitution of up to $150 per day until the final judgment

Violations of the right-to-work law are very fact-specific. Your attorney will explain what to expect in your case and what you may need to prove your claim.

Get Legal Advice From an Arizona Employment Law Attorney

The right-to-work law does not apply to all workers. In Arizona, it’s unusual to be denied a job for not wanting to join a union. However, there may be many other reasons to discuss your employment with an employment law attorney in the state of Arizona. Whether you have questions about fair wages or sick time, an attorney can examine your case, explain your options, and help you understand your next steps.