Learn More About Right-To-Work States in Our Guide

Did you know that you may be required to join a labor union at your workplace as a condition of employment?

Depending on whether you live in a right-to-work state or not, you may have to join a union at your company or pay union dues and fees.

If you’d like to learn more about the states which have and have not passed the right-to-work law, stick with us.

In this right-to-work states guide, we’ll:

Explain what a right-to-work law is,
Define a right-to-work state,
Tell you which US states have right-to-work laws and which do not,
Let you know if there are any federal right-to-work laws, and
Provide you with some answers to frequently asked questions related to right-to-work states.

Table of Contents

What is a right-to-work law?

According to the Federal Reserve Board, the right-to-work law in the US is a law that says that workers are not required to join a union at their workplace “as a condition of their employment.”

In other words, in the United States, a right-to-work law is a law that gives workers the freedom to choose whether they want to join a labor union at the company they are working for or not.

What is a right-to-work state in the US?

As the Legal Information Institute of Cornell University puts it, a right-to-work state is a state that “has a law prohibiting union security agreements.”

Furthermore, according to the National Labor Relations Board (NLRB), in the US states where union-security agreements are prohibited, “it is up to each employee at a workplace to decide whether or not to join the union and pay dues.”

According to the abovementioned source, if workers are represented by unions, such employees have to pay union dues. Union dues are the amounts that such workers need to pay within 30 days after they are hired.

What states are right-to-work states?

While some states in the US have right-to-work laws, others do not. To see all US states and their status when it comes to right-to-work laws, take a look at the table below.

We also included the “Notes” section in the table to explain any additional laws and regulations regarding labor unions and workers’ rights in the US.

This table refers to workers who are employed by the federal, state, or local government (it does not refer to private-sector employees).

State	Right-to-work law	Notes
Alabama	✅	/
Alaska	❌	Following the Janus v. American Federation of State, County and Municipal Employees (AFSCME) decision, Attorney General Kevin G. Clarkson released a formal statement saying that the state of Alaska is not allowed to withdraw union dues and fees from an employee’s paycheck unless the employee gives them the authorization to do so.
Arizona	✅	/
Arkansas	✅	/
California	❌	According to California’s State Employer-Employee Relations Act, state employees have the right to form or join the labor union or refrain from doing so. However, a nonmember may have to pay their “fair share fee,” that is, their employer may withdraw a certain fee from their wages for the union’s representational services.
Colorado	❌	According to the Colorado Labor Peace Act, employees at most workplaces have the right to form or join a labor union or refrain from doing so. However, an employer has the right to enter into an all-union agreement (an agreement requiring employees to be union members or pay union fees if they are not members) with the employees’ representative.
Connecticut	❌	Under Connecticut’s Labor Relations Act, most employers cannot require an employee to join a labor union or refrain from doing so. However, an employer is allowed to make an agreement with the employees’ representative that requires membership as a condition of employment. Under Connecticut’s collective bargaining laws following the Janus v. AFSCME decision, public employers cannot deduct union fees from an employee who’s a nonmember unless the employee gives them the authorization to do so.
Delaware	❌	According to Delaware’s Public Employment Relations Act, public employees have the right to form or join labor unions or refrain from doing so. However, an employer has the right to enter into a collective bargaining agreement with the employees’ representative where they may require that each nonmember pays a fair share fee through their wages.
District of Columbia	❌	According to the Code of the District of Columbia, Section 1–617.06, all employees have the right to form or join a labor union or refrain from doing so. However, an employee may have to become a member of a union as a condition of employment if there’s an agreement requiring so. Furthermore, if there is no such agreement, and the employee chooses not to become a union member, they may still have to pay union fees (a portion of union dues intended for representational services).
Florida	✅	/
Georgia	✅	/
Hawaii	❌	According to the Hawaiʻi Revised Statutes, Section 89-3, public employees have the right to join or form a labor union or refrain from doing so. However, an employer may enter into a collective bargaining agreement saying that each employee is required to join the labor union or pay an identical amount of labor dues as a condition of employment.
Idaho	✅	/
Illinois	❌	According to the Illinois Public Labor Relations Act, public employees have the right to form or join labor unions or refrain from doing so. However, an employer may enter into a collective bargaining agreement with the employees’ representative where they may require that each nonmember pays a fair share fee through their wages.
Indiana	✅	/
Iowa	✅	/
Kansas	✅	/
Kentucky	✅	/
Louisiana	✅	/
Maine	❌	According to the Maine Municipal Public Employees Labor Relations Law, public employees have the right to form or join a labor union or refrain from doing so. However, an employee may be required to pay a fair share fee for the union’s representational services.
Maryland	❌	According to the Maryland Labor and Employment Statute, any type of promise (whether oral or written) of becoming or not becoming a member of a union made between an employee and an employer is invalid. Furthermore, as Maryland Collective Bargaining Law indicates, state employees have the right to form or join a labor union or refrain from doing so. However, an employee may be required to pay union fees if they are represented by that union.
Massachusetts	❌	According to Massachusetts Labor Relations Law, employees at most workplaces have the right to form or join a labor union or refrain from doing so. However, an employer may enter into an agreement with the employees’ representative that requires membership as a condition of employment. Furthermore, an employer may require each employee to pay a fee for the union’s representational services if there’s a collective bargaining agreement that states so.
Michigan	❌	In 2023, the Senate introduced Bill No. 34 which repealed Michigan’s right-to-work law. Under this Bill, private-sector employers may now enter into a collective bargaining agreement with the labor union and require each employee who’s a part of the bargaining unit to pay a fair share fee.
Minnesota	❌	According to Minnesota Statutes, Section 179A.06, public employees have the right to form or join a labor union or refrain from doing so. However, an employer may enter into an all-union agreement with the employees’ representative. Moreover, employees who are nonmembers may also be required to pay their fair share fee for the union’s representational services.
Mississippi	✅	/
Missouri	✅	/
Montana	❌	According to the Montana Code Annotated, Section 39-31-201, public employees have the right to form or join a labor union or bargain collectively through an agreement. Whether they may refrain from joining a union is not clearly stated. Furthermore, each state employee who’s represented by the union may be required to pay a union fee if there’s a collective bargaining agreement that states so.
Nebraska	✅	/
Nevada	✅	/
New Hampshire	❌	According to the New Hampshire Public Employee Labor Relations Act, public employers cannot deny their employees the right to form or join a labor union or bargain collectively through an agreement. Furthermore, employees may be required to pay certain fees to a union if they are represented by that union.
New Jersey	✅	/
New Mexico	❌	According to New Mexico House Bill 85, employers who are not governed by the NLRA have the right to enter into union-security agreements with labor organizations.
New York	❌	As the New York State Public Employees’ Fair Employment Act declares, public employees have the right to form or join a labor union or refrain from doing so. However, an employer may enter into an agreement with the employees’ representative that requires membership as a condition of employment.
North Carolina	✅	/
North Dakota	✅	/
Ohio	❌	Under the Ohio Revised Code, Section 4113.02, any type of promise (whether oral or written) of becoming or not becoming a member of a union made between an employee and an employer is invalid. Moreover, public employees have the right to form or join a labor union or refrain from doing so. However, an employer may enter into an agreement requiring a nonmember to pay a fair share fee for the union’s representational services as a condition of employment.
Oklahoma	✅	/
Oregon	❌	Under Oregon Revised Statutes, Section 663.110, employees at most workplaces have the right to form or join a labor union or refrain from doing so. However, an employer has the right to enter into an agreement with a labor union that requires each employee to become a member of a union as a condition of employment.
Pennsylvania	❌	According to the Pennsylvania Labor Relations Act, employees at most workplaces have the right to form or join a labor union or bargain collectively through an agreement. Furthermore, an employer may enter into an agreement with the employees’ representative that requires membership as a condition of employment.
Rhode Island	❌	As the Rhode Island Labor Relations Act states, employees at most workplaces have the right to form or join a labor union or refrain from doing so. However, an employer may enter into an agreement with the employees’ representative that requires membership as a condition of employment. Moreover, an employee who’s a nonmember may be required to pay certain fees to a union if they are represented by that union.
South Carolina	✅	/
South Dakota	✅	/
Tennessee	✅	/
Texas	✅	/
Utah	✅	/
Vermont	❌	According to Vermont’s State Employees Labor Relations Act, a state employee has the right to form or join a labor union or refrain from doing so. However, an employer may enter into an agreement with the employees’ representative that requires membership as a condition of employment. Furthermore, an employee who’s a nonmember may be required to pay their fair share fee for the union’s representational services.
Virginia	✅	/
Washington	❌	Under the Revised Code of Washington, Section 41.80.050, state employees have the right to form or join a labor union or refrain from doing so. Furthermore, an employee who’s a nonmember may be required to pay their fair share fee for the union’s representational services.
West Virginia	✅	/
Wisconsin	✅	/
Wyoming	✅	/

What are the federal right-to-work laws?

The National Labor Relations Act (NLRA) is the only right-to-work law on a federal level in the US, and it only refers to certain private employers.

According to the NLRB, the National Labor Relations Act is a “federal law that grants employees the right to form or join unions, engage in protected, concerted activities to address or improve working conditions, or refrain from engaging in these activities.”

In addition, the National Labor Relations Act covers only private-sector employees.

When it comes to public employees, their right-to-work rights depend on laws and regulations issued by each state individually.

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Federal Paycheck Calculator (2023)

FAQs about right-to-work states

To provide you with some additional information regarding right-to-work states, we’ve answered some of the frequently asked questions on this topic, so check out the section below.

To sum up, what states are right-to-work states?

In total, there are 28 US states that have right-to-work laws.

The following is a list of right-to-work states:

Alabama,
Arizona,
Arkansas,
Florida,
Georgia,
Idaho,
Indiana,
Iowa,
Kansas,
Kentucky,
Louisiana,
Mississippi,
Missouri,
Nebraska,
Nevada,
New Jersey,
North Carolina,
North Dakota,
Oklahoma,
South Carolina,
South Dakota,
Tennessee,
Texas,
Utah,
Virginia,
West Virginia,
Wisconsin, and
Wyoming.

To sum up, what states are not right-to-work states?

There are 23 US states in total that do not have right-to-work laws.

The following is a list of states that are not right-to-work states:

Alaska,
California,
Colorado,
Connecticut,
Delaware,
District of Columbia,
Hawaii,
Illinois,
Maine,
Maryland,
Massachusetts,
Michigan,
Minnesota,
Montana,
New Hampshire,
New Mexico,
New York,
Ohio,
Oregon,
Pennsylvania,
Rhode Island,
Vermont, and
Washington.

What is the history of right-to-work laws?

Originally, the phrase “right to work” was coined by French socialist leader Louis Blanc long before the first right-to-work law was ever enacted.

According to research on the history of right-to-work claims, Louis Blanc believed that society — that is, the state — should provide employment to everyone. He also believed that every man should have a “right to work.”

In the early 1940s, the term “right to work” was popularized by Vance Muse, a Texas businessman and conservative lobbyist. He started the “right to work” movement with the idea of fighting unionization of the workers in the US.

On July 5, 1935, former president of the US, Franklin Roosevelt, signed the National Labor Relations Act — better known as the “Wagner Act.”

According to the National Archives, the motive behind the Wagner Act was to give certain freedom to employees such as “the right to self-organization, to form, join, or assist labor organizations, to bargain collectively through representatives of their own choosing, and to engage in concerted activities for the purpose of collective bargaining or other mutual aid and protection.”

In 1947, the law called the “Taft-Hartley Act” was enacted, whose purpose was to modify the Wagner Act by further regulating unions.

As the National Labor Relations Board states, the Taft-Hartley Act was supposed to protect workers from certain “unfair practices by unions” such as coercion or discrimination by unions.

According to the US Representative Joe Wilson’s office, in February 2023, Congressman Joe Wilson reintroduced the National Right to Work Act to Congress. With this act, Wilson wanted to ensure the freedom of choice for all US employees regarding union membership and paying union dues.

However, this act still hasn’t become an official US act.

Right-to-work vs. at-will employment laws — how do they differ?

According to the Bureau of Labor Statistics, at-will employment is a legal doctrine indicating that “people should be free to enter into employment contracts of a specified duration.” However, it also indicates that either employer or employee can terminate such a contract for any reason, at any time, unless there’s an employment agreement to state otherwise.

While right-to-work laws protect employees against being forced to join a union during their employment, at-will employment laws give both employers and employees certain rights upon the termination of employment.

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If you want to learn more about at-will employment contracts and what the advantages and disadvantages of at-will employment are for both employers and employees, read the guide below:

At-will employment by state — Guide for 2023

Who is covered under right-to-work laws?

According to the National Labor Relations Board, most private-sector workers are covered by the National Labor Relations Act. This act is only applicable on a federal level.

To be more specific, the NLRA refers to most private-sector employers, such as:

Manufacturers,
Retailers,
Private healthcare facilities, and others.

The US employees who work for these private-sector employers have the right to choose whether they want to form or join a labor union at their workplace or refrain from joining it. In other words, their decision doesn’t affect their employment.

On the other hand, the NLRA does not cover:

Workers that are employed by federal, state, or local government,
Agricultural workers,
Independent contractors,
Workers that are employed by a parent/spouse, and others.

As for those workers not covered by the NLRA, their right-to-work laws vary from state to state, as we already explained in the table above. These right-to-work laws define whether a certain employee may have to join a labor union as a condition of employment or pay union fees, for instance.

When it comes to paying union dues and fees, the rights of the US workers depend on:

State laws, and
Courts’ decisions.

Moreover, under the NLRA, employers have the right to enter into agreements with labor organizations, such as all-union agreements. These agreements may require all employees in a bargaining unit to pay fees to a labor union or even become union members.

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Want to see if you’re classified as an independent contractor, freelancer, or employee? Or maybe you want to learn how you can pay contractors and freelancers in a simple way? Read the following blog posts and find all the answers you need:

Do I have the right to work in the US?

Whether you have the right to work in the US or not mainly depends on your work authorization, that is, whether you’re eligible to work in the US or not.

Being work authorized means that you’re legally allowed to be employed in the US.

Furthermore, US citizens, whether they were born in the US or not but have acquired US citizenship, are automatically authorized to work in the US.

On the other hand, if you’re not a US citizen, you may still be able to work legally in the US, but under certain conditions.

As the United States Citizenship and Immigration Services explains, you may be authorized to work in the US if you have an employment-based immigrant visa, for instance. With this type of visa, you can work in the US permanently.

Then again, if you intend to work in the US for a certain period of time, you may apply for a nonimmigrant visa.

As the US Department of State’s Bureau of Consular Affairs also adds, it’s up to either the US embassy or consulate where you apply for a visa to decide what type of visa you qualify for.

Right-to-work states — Conclusion and disclaimer

If you work in the US and want to know if you’ll need to join a union or pay union dues and fees at your workplace as a condition of employment, be sure to check:

What your rights under the federal law (the NLRA) are and whether you’re covered by it, and
If the state you live in has its own right-to-work law.

We hope our right-to-work states guide for 2023 has helped you better understand the concept and regulations regarding right-to-work laws in the United States.

To get more information on right-to-work laws and other labor laws for each state: