Vermont Right-to-Work Laws

By Amber Sheppard, Esq. | Legally reviewed by Amber Sheppard, Esq. | Last reviewed November 15, 2024

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Right-to-work laws prohibit forced union membership and union dues as a condition of employment. Vermont has right-to-work laws that protect Vermont employees and independent contractors.

This FindLaw article answers common FAQs about right-to-work laws and associated Vermont employee protections, such as Vermont minimum wage, military leave, and civil rights protections. We'll answer the following questions:

Is Vermont a Right-To-Work State?

No. Vermont is not a right-to-work state. But there are federal protections for workers in Vermont and rules and regulations by the Vermont Department of Labor.

What Is the National Labor Relations Board?

The National Labor Relations Board's website offers detailed information about federal union laws and procedures. Regardless of whether a state has right-to-work laws, it is illegal under federal law for employers to threaten employees interested in joining or forming a union. It is also unlawful for an employer to promise certain benefits to those who refuse to join a union or to force payment to be included in collective bargaining agreement benefits.

Does Vermont Have Minimum Wage Laws?

Yes. Although Vermont has no statutory provisions related to right-to-work laws, it does have wage rate laws. Vermont wages must be at least $13.67. Tipped employees' minimum hourly wage is $6.84.

Workers can report wrongful practices or late paychecks to the Vermont Department of Labor's Wage and Hour Program.

Is Vermont's State Minimum Wage the Same For Minors?

Yes. Vermont employers who hire minors must pay them at least minimum wage: $6.84 an hour for tipped employees and $13.67 for all other jobs.

Vermont does have child labor laws.

There are exemptions for scheduling eligible employees who are minors. Minors can't:

Fair Labor Standards Act (FLSA) and workplace safety laws also apply to minors' employment.

Does a Vermont Employer Have to Provide Health Insurance?

No. But Vermont does offer small businesses with under 100 employees group insurance plans through Vermont Health Connect.

Does a Vermont Employer Have to Follow the Family and Medical Leave Act (FMLA)?

Yes. FMLA is a federal law meant to protect eligible employees who must take a leave of absence. The employee's job can't be diminished and must be held until the person returns after their leave. FMLA is unpaid leave that is up to 12 weeks. Employees can take FMLA leave when they or a sick family member needs care.

Employees can use sick leave rather than FMLA if their job offers it.

What Is Vermont Earned Sick Leave Act?

Vermont passed the Vermont Earned Sick Leave Act to protect workers similarly to FMLA.

Exemptions to the law include:

  • Less than full-time workers who work 18 or fewer hours a week
  • Seasonal employees who work less than 20 weeks in a year
  • Federal employees
  • Minors
  • Sole proprietors
  • Independent contractors

Vermont employees earn one hour of sick leave/sick time/time off for every 52 hours of work. The employee is only allowed a maximum of 40 hours of sick leave in a year.

Are There Workplace Safety and Occupational Safety Standards in Vermont?

Yes. Working conditions and workplace safety cannot defy federal law: Occupational Safety and Health Act (OSHA). Vermont administers its workplace safety regulations through the Vermont Occupational Safety and Health Administration (VOSHA).

VOSHA governs:

Under VOSHA, Vermont employees have a right to:

  • Safe working conditions that do not pose a risk of serious harm
  • Ask OSHA to inspect their workplace without repercussions from employers
  • Get information and training in a language they understand
  • Get copies of any medical records the employer has on them

VOSHA does not apply to federal employees, farms with fewer than 10 workers, or self-employed workers.

Does Vermont Allow For Leave of Absence at Work?

Yes. Vermont law allows military leave for active duty and reserve National Guard duty. Employees must provide reasonable notice to their Vermont employer of leave 30 days before or as soon as possible. The federal Uniformed Services Employment and Reemployment Rights Act (USERRA) protects employees. Military leave workers can't lose benefits while on duty, such as sick leave, vacation leave, and benefits.

Vermont law also allows unpaid leave for jury duty, town meeting leave, and sick leave.

Do Vermont Employees Have Civil Rights Protections?

Yes. The Vermont Attorney General has an Employment Law Civil Rights Unit to address workplace discrimination claims. Employers can't use the following classifications against a worker:

  • Ancestry or place of birth
  • Color
  • Disability
  • Gender identity
  • HIV status
  • National origin
  • Race
  • Religion
  • Sex
  • Sexual orientation

Also included in this list is the filing of a workers' compensation claim. This unit also enforces FMLA, military leave, and drug testing.

Hire a Vermont Employment Lawyer

State and federal laws evolve and change. Contact a Vermont labor law attorney before deciding or asking about what Vermont employee protections you may have.

Vermont Right-to-Work Laws: Related Resources

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