New York Right-To-Work Laws

Right-to-work laws protect workers from being forced to join a union, pay union dues, or participate in union strikes. These laws prevent employers from discriminating against workers who join (or refuse to join) a labor union.

As of 2026, there are 26 right-to-work states with laws that prohibit employers from pressuring their employees to join a union. New York is not one of these states. While employers in New York City and New York State can’t outright discriminate against workers based on their union affiliation, there are no state laws prohibiting private employers from forcing a worker to pay union dues.

This article explains how right-to-work laws work and their impact on private and public employees. It also examines New York’s labor laws and how they address union membership.

If you believe your employer has discriminated against you based on your refusal to join a union, consider contacting a New York employment law attorney. Having legal counsel can prove wise if an employer retaliates against you.

What Are “Right-To-Work” Laws?

Right-to-work laws are statutes that prevent employers from forcing their workers to join a union or pay union dues as a condition of employment. They also offer workers protections beyond union membership and paying dues.

Right-to-work laws protect employees from the following:

• Being required to join a union or pay union dues as a condition of employment
• Facing workplace discrimination based on union membership or non-membership
• Being threatened or coerced to participate in strikes
• Subjection to an employment or union agreement that excludes non-members

If a company violates a right-to-work law, they’ll face possible fines, misdemeanor charges, or legal action from affected employees.

New York and ‘Right-To-Work’ Laws

New York isn’t a right-to-work state. Private-sector employers and unions may be able to negotiate a union-security clause that requires employees in the bargaining unit to pay union dues or fees as a condition of keeping the job, but federal law forbids requiring full union membership. New York employers can’t tell job applicants that they won’t hire them unless they join a union.

Why Would a New York Employer Require Union Membership?

There have been debates in the U.S. over the unionization of workers for over 250 years. Some argue that right-to-work laws protect employees’ freedom and prevent mandatory union membership. Others claim that these laws weaken unions and take away benefits workers experience as a result of collective bargaining.

Regardless of which side of the debate you find yourself on, union supporters argue that unions provide a host of benefits to workers, including the following:

• Better working conditions
• Health insurance for workers and their family members
• Paid sick leave
• A fair workweek
• Flexible work schedules
• Increased occupational safety
• Union representation and free legal advice

New York is not a right-to-work state. If you apply for a job and they require that you pay union dues as a condition of employment, it’s up to you as to whether you accept the position.

What’s the Difference Between Right-To-Work Laws and At-Will Employment Laws?

Even though New York is not a right-to-work state, remote work may involve you in states where it exists. It’s important to understand the differences between right-to-work laws and at-will employment laws.

Right-to-work laws focus on union membership and paying union dues. They only apply to companies that support unionization. At-will employment laws focus on a company’s ability to terminate someone without cause. These laws apply to all workplaces, not only those that have unions.

The basic tenets of at-will employment laws are as follows:

• Employers can fire someone without notice and without cause, as long as it isn’t for an illegal reason such as discrimination or retaliation
• Employees can quit a job freely and at any time without having to give proper notice

There are exceptions to at-will employment. An employee with a written or implied contract with their employer may be protected from termination without cause. The same is true if you work somewhere that has a collective bargaining agreement.

Union Membership and Family Medical Leave Law

All of New York State, including New York City (NYC) and places like Westchester County, doesn’t have right-to-work laws. How does mandatory union membership impact your right to time off under the Family and Medical Leave Act (FMLA)?

Under federal law, eligible employees are entitled to unpaid leave to deal with a family member’s illness, pregnancy, adoption, foster care placement, or other personal or medical emergency. While this is different from paid leave available at some companies, many people count on the FMLA in times of need.

Even if your employer requires that you join a union and pay union dues, union membership does not affect your rights under the FMLA. If your loved one is suffering from a serious health condition and your company doesn’t offer paid family leave, the FMLA is your only option.

A union cannot force someone to waive or delay their rights under federal law. Even if an employee was willing to forego the unpaid leave available under the FMLA, union representatives cannot encourage or allow them to do this. If you live in New York and your employer denies you family leave due to mandatory union membership, contact the New York State Department of Labor and file a complaint.

Consult a New York Labor Law Attorney for Help

If you believe your employer has pressured you to join a union or has discriminated against you based on your union membership (or lack thereof), contact a New York labor law attorney. While New York State isn’t a right-to-work state, that doesn’t mean your employer can treat you unfairly.

When meeting with an attorney, explain your situation and ask them what your options are. They’ll review your case and let you know how best to proceed. If your employer has violated the state labor laws or your employee rights, an attorney can ensure you take the proper steps to protect yourself and your family.