Is California a Right-To-Work State for Union Dues?

Right-to-work laws prevent employers and unions from requiring employees to pay union dues or agency fees as a condition of employment. In non-right-to-work states, this condition of employment is found in the union security agreement provision of a collective bargaining agreement.

California is not a right-to-work state. This means that California labor law allows union security agreements. Employers can require California workers to pay dues at a unionized workplace in the private sector. Different rules apply to California’s public-sector employees.

If you work at a unionized workplace or are considering organizing a labor union, it is important to understand right-to-work issues under state and federal law. In this article, we’ll explain:

• The foundations of right-to-work laws
• What a union security agreement means for California private sector workers
• How to find help for employment and labor law issues

Right-to-work laws are sometimes confused with at-will employment rules. While we’ll explain the difference here, you can find more information about at-will employment and wrongful termination in California in our dedicated article on the topic.

Federal Law Allows States To Choose

The right-to-work matter begins at the federal level. The primary federal law governing private-sector unions is the National Labor Relations Act (NLRA).

Under the NLRA, workers have the right to unionize. If employees vote to unionize, the employer must negotiate certain employment terms with the union, such as working conditions, wages and benefits, grievance procedures, and job security and discipline. The agreement is known as a collective bargaining agreement (CBA). The CBA is essentially an employment contract between the employer and a designated group of workers (the bargaining unit) rather than with just one employee.

What Is a Union Security Agreement?

The union security agreement is a provision in the CBA. This provision requires employees in the bargaining unit to join the union or pay union dues as a condition of keeping their jobs.

Union security agreements are not allowed in right-to-work states, but are allowed in non-right-to-work states like California. A union security agreement for California private-sector workers can affect their employment. If the CBA includes a valid union security agreement, and the employee refuses to pay the union dues or agency fees, the union can ask the employer to fire the employee. In most instances, the employer must fire them.

In non-right-to-work states like California, the NLRA allows private-sector employers and employees to negotiate the union security agreement. The three types of union security agreements are:

• Union Shop: A union shop means mandatory union membership. Employees must join the union, often within 30 days of the hiring date, and pay union dues.
• Agency Shop: Agency shop employees aren’t required to join the union. A union represents both union members and nonmembers in negotiations with the employer, so nonmembers must pay their fair share. This is known as agency fees. Agency fees cover the union’s bargaining work on their behalf, but not other union activities such as political activity or government lobbying.
• Dues Checkoff: Under a dues checkoff provision, the employer automatically deducts union dues or agency fees from each employee’s paycheck and sends them directly to the union. This provision can apply to a union shop or to an agency shop. The employee must provide written authorization.

The union security agreement is a provision in the CBA that requires workers in a unionized private-sector workplace to pay money to the union as a condition of employment. The NLRA allows union security agreements, but states may ban them through state law. States that ban union security agreements are known as “right-to-work” states.

Public-sector employees don’t operate quite the same way. They are in a different category with separate rules.

Private Sector vs. Public Sector Employment

A public-sector employer is any state or local governmental entity. This includes state, county, and city agencies as well as public school districts, public universities, and special districts. Even though California is not a right-to-work state, you do not have to pay union dues or agency fees if you are a public-sector employee.

California’s non-right-to-work status only applies to private-sector employees. This is because of the 2018 United States Supreme Court case, Janus v. AFSCME. This Supreme Court decision effectively made all public-sector employees “right-to-work” employees regardless of their state’s status. Public-sector employees, including those in California, cannot be required to join a union or to pay union dues or agency fees.

Right-To-Work Status by State

As of March 2026, the nation’s states are almost divided down the middle on right-to-work laws. Twenty-seven states are right-to-work, while 23 are non-right-to-work. Those who support right-to-work laws cite the freedom of choice employees have under it as a major benefit. Those who support non-right-to-work status identify the strength it provides unions, which, in turn, results in stronger rights and protections for employees.

As noted, California is not a right-to-work state. However, California employment laws can change at any time, so check with the state legislature for updates or speak with a local employment attorney if you have concerns about your workplace.

“Right-to-Work” vs. “At-Will Employment”

For California workers, it’s important to understand the differences between “right-to-work” and “at-will employment.” These two concepts may seem related, but they are not. Here’s a simple summary of the two concepts:

• Right-to-work status has to do with union dues and whether your employer can force you to join a union. California is not a right-to-work state. This means that private-sector employers can require employees to pay union dues or agency fees, but public-sector employers cannot.
• At-will employment status concerns employment termination rules. California is an at-will employment state. This means employees can quit or resign for any reason, and their employer can fire them for any lawful reason.

If you’re covered by a CBA, the terms related to job security and discipline may override your at-will employment status. A CBA may provide you with progressive discipline and “just cause” protections that aren’t available to at-will employees.

Strong unions and a strong labor code make California one of the most protective states in the nation for workers’ rights. If you work in California, it’s important to understand your extensive employment rights and what to do if your employer violates them.

Get Legal Help for Workers’ Rights

California employment laws provide robust rights and protections to workers. You may be required to pay union dues or agency fees to work at a private-sector employer, but you have specific rights when it comes to any payroll deductions for those dues and fees. If you have questions about workers’ rights, talk to a California labor law attorney. In many instances, the initial consultation is free.