Right to Work Laws: Definition, States, and How They Work
Right to work laws prohibit requiring union membership or payment of union dues and fees as a condition of employment. These laws are authorized by Section 14(b) of the National Labor Relations Act (NLRA), which permits individual states to enact statutes banning union security agreements. As of 2026, 26 states have right to work laws in effect. Michigan repealed its right to work law effective February 13, 2024, becoming the first state to do so since Indiana in 1965.
Right to work laws do not affect an employee’s right to join a union voluntarily, and unions continue to operate in right to work states. The laws address whether union membership or dues payment can be made a mandatory condition of employment.
Source: National Labor Relations Board — The Law
What Are Right to Work Laws?
Right to work laws establish that employees cannot be required to join a labor union or pay union dues, fees, or assessments as a condition of getting or keeping a job. In states without right to work laws, unions and employers may negotiate union security agreements that require all employees in a bargaining unit to pay union dues or equivalent fees, regardless of whether they choose to join the union.
Section 14(b) of the NLRA, added by the Taft-Hartley Act of 1947, authorizes states to enact right to work statutes:
“Nothing in this Act shall be construed as authorizing the execution or application of agreements requiring membership in a labor organization as a condition of employment in any State or Territory in which such execution or application is prohibited by State or Territorial law.”
Under right to work laws:
- Employees may choose whether to join a union
- Employees cannot be required to pay union dues or fees as a condition of employment
- Unions must still represent all employees in a bargaining unit, including those who do not pay dues (duty of fair representation)
- Employers and unions cannot negotiate agreements requiring union membership for employment
Source: U.S. Department of Labor — Employee Rights Under the NLRA
Right to Work States (2026)
As of 2026, 26 states have right to work laws in effect. Michigan repealed its right to work law in 2024.
| Right-to-Work Laws by State | |||
|---|---|---|---|
| State | Right to Work? | Year Enacted | Notes |
| Alabama | Yes | 1953 | Constitutional amendment (2016) |
| Alaska | No | — | |
| Arizona | Yes | 1946 | Constitutional provision |
| Arkansas | Yes | 1944 | Constitutional amendment |
| California | No | — | |
| Colorado | No | — | |
| Connecticut | No | — | |
| Delaware | No | — | |
| Florida | Yes | 1944 | Constitutional provision |
| Georgia | Yes | 1947 | |
| Hawaii | No | — | |
| Idaho | Yes | 1985 | |
| Illinois | No | — | |
| Indiana | Yes | 2012 | |
| Iowa | Yes | 1947 | |
| Kansas | Yes | 1958 | |
| Kentucky | Yes | 2017 | |
| Louisiana | Yes | 1976 | |
| Maine | No | — | |
| Maryland | No | — | |
| Massachusetts | No | — | |
| Michigan | No | Repealed 2024 | Enacted 2013; repealed effective February 13, 2024 |
| Minnesota | No | — | |
| Mississippi | Yes | 1960 | |
| Missouri | No | — | Passed 2017; blocked by voter referendum 2018 |
| Montana | No | — | |
| Nebraska | Yes | 1946 | Constitutional amendment |
| Nevada | Yes | 1951 | |
| New Hampshire | No | — | |
| New Jersey | No | — | |
| New Mexico | No | — | |
| New York | No | — | |
| North Carolina | Yes | 1947 | |
| North Dakota | Yes | 1947 | |
| Ohio | No | — | |
| Oklahoma | Yes | 2001 | Constitutional amendment |
| Oregon | No | — | |
| Pennsylvania | No | — | |
| Rhode Island | No | — | |
| South Carolina | Yes | 1954 | |
| South Dakota | Yes | 1946 | |
| Tennessee | Yes | 1947 | Constitutional amendment (2022) |
| Texas | Yes | 1993 | |
| Utah | Yes | 1955 | |
| Vermont | No | — | |
| Virginia | Yes | 1947 | |
| Washington | No | — | |
| West Virginia | Yes | 2016 | |
| Wisconsin | Yes | 2015 | |
| Wyoming | Yes | 1963 | |
| Total right-to-work states: 26 | Total non-right-to-work states: 24 + DC | |||
How Right to Work Laws Work
In states with right to work laws, an employee hired into a unionized workplace can choose to join the union and pay dues, or decline membership and pay no dues or fees. The union must still represent all employees in the bargaining unit regardless of membership status, including representing non-members in grievance proceedings and collective bargaining.
In states without right to work laws, unions and employers may negotiate union security agreements. Under a typical union security agreement, employees who choose not to join the union may still be required to pay agency fees (also called “fair share” fees) that cover the union’s costs of collective bargaining and contract administration. Employees in non-right-to-work states cannot be required to pay for the union’s political or ideological activities.
Janus v. AFSCME: Impact on Public-Sector Employees
In Janus v. American Federation of State, County, and Municipal Employees, Council 31 (2018), the U.S. Supreme Court held that requiring public-sector employees who are not union members to pay agency fees violates the First Amendment. The ruling effectively made all public-sector employment nationwide subject to right to work principles, regardless of state law.
After Janus, public-sector employees in every state — including states without right to work laws — cannot be required to pay union dues or agency fees as a condition of employment. The decision does not affect private-sector employees, whose union security agreements are governed by the NLRA and state right to work laws.
Source: Supreme Court of the United States — Janus v. AFSCME, 585 U.S. ___ (2018) (https://www.supremecourt.gov/opinions/17pdf/16-1466_2b3j.pdf)
Right to Work vs. At-Will Employment
Right to work and at-will employment are distinct legal concepts that are frequently confused:
| Right to Work vs. At-Will Employment | ||
|---|---|---|
| Right to Work | At-Will Employment | |
| What it governs | Whether union membership or dues can be required as a condition of employment | Whether employer or employee can end the employment relationship without cause |
| Legal basis | State statutes authorized by NLRA Section 14(b) | Common law doctrine recognized in all 50 states |
| Number of states | 26 states | All 50 states + DC (Montana limited to probation) |
| Core principle | Employees cannot be compelled to join a union or pay dues to keep a job | Either party may terminate employment at any time for any legal reason |
| Effect on termination | Does not affect whether an employer can fire without cause | Directly governs termination standards |
| Federal oversight | NLRB enforces NLRA provisions; states enact their own statutes | No single federal statute; limited by anti-discrimination laws |
| An employee in a right-to-work state can still be terminated at will. An employee in a non-right-to-work state still has at-will employment. The two concepts operate independently. | ||
Michigan: First State to Repeal Right to Work
Michigan enacted its right to work law in 2013 under Republican legislative control. In March 2023, the state’s Democratic-controlled legislature voted to repeal the law. The repeal took effect on February 13, 2024, making Michigan the first state to repeal a right to work law since Indiana did so in 1965 (Indiana re-enacted its right to work law in 2012).
Following the repeal, private-sector unions in Michigan may once again negotiate union security agreements requiring employees in a bargaining unit to pay dues or agency fees. The repeal does not affect public-sector employees, who are protected by the Janus decision from being required to pay union dues or fees.
As of early 2026, Michigan Senate Republicans have introduced legislation (Senate Bill 436) to restore the state’s right to work status, though the bill’s prospects depend on the composition of the state legislature.
Union Membership Rates by State
The Bureau of Labor Statistics (BLS) publishes annual data on union membership rates. In 2025, the national union membership rate was approximately 10% of wage and salary workers. Union membership rates vary significantly between right to work and non-right-to-work states.
States with the highest union membership rates tend to be non-right-to-work states (Hawaii, New York, Washington, California, Oregon). States with the lowest union membership rates tend to be right to work states (South Carolina, North Carolina, Georgia, Texas, Utah).
Source: U.S. Bureau of Labor Statistics — Union Members Summary
Frequently Asked Questions
What is a right to work law?
A right to work law prohibits requiring union membership or payment of union dues as a condition of employment. These laws are authorized by Section 14(b) of the National Labor Relations Act. In right to work states, employees in unionized workplaces can choose whether to join the union and pay dues. The union must still represent all employees in the bargaining unit regardless of membership.
Which states have right to work laws?
As of 2026, 26 states have right to work laws: Alabama, Arizona, Arkansas, Florida, Georgia, Idaho, Indiana, Iowa, Kansas, Kentucky, Louisiana, Mississippi, Nebraska, Nevada, North Carolina, North Dakota, Oklahoma, South Carolina, South Dakota, Tennessee, Texas, Utah, Virginia, West Virginia, Wisconsin, and Wyoming. Michigan repealed its right to work law effective February 13, 2024.
What is the difference between right to work and at-will employment?
Right to work governs whether an employee can be required to join a union or pay union dues as a condition of employment. At-will employment governs whether an employer or employee can end the employment relationship without cause. These are separate legal concepts that operate independently.
Can I be required to pay union dues in a right to work state?
No. In a right to work state, an employee cannot be required to join a union or pay union dues or agency fees as a condition of employment. The employee may voluntarily join the union and pay dues but cannot be compelled to do so.
Does right to work mean I can be fired for any reason?
No. Right to work laws address union membership and dues, not termination. Termination standards are governed by the separate doctrine of at-will employment. An employee in a right to work state has the same termination protections (and limitations) as employees in other at-will employment states.
What did the Janus v. AFSCME decision change?
The 2018 Supreme Court decision in Janus v. AFSCME held that requiring public-sector employees to pay union agency fees violates the First Amendment. After this decision, all public-sector employees nationwide — regardless of state right to work status — cannot be required to pay union dues or fees as a condition of employment. The decision does not apply to private-sector employees.
How do right to work laws affect public-sector employees?
The Janus decision effectively extends right to work principles to all public-sector employees in every state. Public-sector employees cannot be required to pay union dues or agency fees anywhere in the United States. State right to work laws primarily affect private-sector union security agreements.