US Right-To-Work States — Guide for 2025

The right-to-work law dictates that you can’t require your employees to become union members as a condition of employment. On the other hand, in states where this law isn’t in effect, it may be possible to withdraw union fees from your workers’ wages under certain conditions.

In any case, to make sure your business doesn’t violate any labor laws, it’s essential to keep up with the so-called right-to-work laws in your state.

If you’d like to learn more about the states which have and haven’t 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 don’t,
• 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.  

*Note: The information regarding right-to-work laws and regulations in the US has been checked and updated for 2025.

• The right-to-work law aims to give US employees the freedom to decide whether they want to be a part of a labor organization.
• Some states that don’t have right-to-work laws allow employers to require employees to join a labor union as a condition of employment.
• In the states that haven’t enacted right-to-work laws, employers are typically permitted to withdraw union dues from workers’ wages, even if they’re not members of any labor organization.
• The National Labor Relations Act is a federal law that protects the rights of private-sector employees to bargain collectively through the representative of their choosing.

What is a right-to-work law?

The right-to-work law in the US is a law that says that workers aren’t required to join a union at their workplace nor pay any union dues “as a condition of their employment.”

In other words, a right-to-work law is a US 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 meant by a right-to-work state?

A right-to-work state is a state that “has a law prohibiting union security agreements.” In such cases, the employer can’t demand that the employees join a labor union and/or pay union fees.

According to the said source, if workers are represented by unions, such employees are obliged 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 don’t. 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 doesn’t refer to private-sector employees). 

State	Right-to-work law	Explanation of the law	Additional notes
Alabama	✅	The state of Alabama’s right-to-work policy declares that no employer may require their employees, as a condition of employment, to: – Join a union, or refrain from doing so, – Remain a member of a union they had previously joined, nor – Pay union dues as a nonmember.	/
Alaska	❌	/	Following the Janus v. American Federation of State, County and Municipal Employees (AFSCME) decision, Attorney General Kevin G. Clarkson released a formal opinion. He stated that, in order to protect employees’ constitutional rights, the state of Alaska should prohibit employers from withdrawing union dues and fees from an employee’s paycheck unless the employee gives them the authorization to do so.
Arizona	✅	The state of Arizona’s right-to-work policy prohibits employers from: – Denying employment on the basis of individual’s union membership or nonmembership, and – Coercing employees into joining a union (i.e. threatening them, or their families, or interfering with their property).	/
Arkansas	✅	The state of Arkansas’ right-to-work policy states that employees are at liberty to: – Join, form, or assist in a labor union, – Bargain collectively (organized labor) or individually (unorganized labor), and – Refuse to join a union (in which case they aren’t obligated to pay union dues).	/
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 specific 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 aren’t members) with the employees’ representative.
Connecticut	❌	/	Under Connecticut’s Labor Relations Act, most employers can’t 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 can’t 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), under the Code of the District of Columbia, Section § 1–617.11.
Florida	✅	The state of Florida’s right-to-work policy establishes the workers’ rights to: – Join, form, or assist a labor organization, – Refrain from joining a union, and – Choose the labor representative for collective bargaining. Violation of these provisions is considered a misdemeanor of the second degree, punishable by law.	/
Georgia	✅	According to the state of Georgia’s right-to-work policy, it’s unlawful to coerce employees into joining a labor union or refrain from doing so. It’s also prohibited to demand any payment to a labor organization as a condition of employment.	/
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	✅	According to the state of Idaho’s right-to-work policy, freedom of choice is guaranteed, as no employer can require the employee, as a condition of employment, to do the following: – To refrain from supporting a labor organization of their choice, – To join, or remain in a labor organization against their will, – To pay any amount of money to a labor organization in the form of fees, assessment, or charity, and – To be recommended, referred, approved, or cleared through or by a labor union.	/
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	✅	The state of Indiana’s right-to-work policy permits agreements that would require employees to: – Become members of a labor union, – Pay dues, fees, assessments, or similar charges to a labor union, – Pay the equivalent of union dues to a charity or a third party.	/
Iowa	✅	As per the state of Iowa’s right-to-work policy, employees are free to: – Organize, form, join, or assist in any labor union, – Participate in collective negotiations through representatives of their choice, – Refuse to join and/or participate in activities of a labor union, and – Pay union dues.	/
Kansas	✅	The state of Kansas’ right-to-work policy states that no one can be denied work on the basis of labor union membership or nonmembership. An employee whose employer violated this policy has the right to take civil action for damages.	/
Kentucky	✅	The state of Kentucky’s right-to-work policy gives employees the freedom to choose whether they want to be part of an employee union, or financially support such a union. Kentucky’s RTW law applies to most employees, except for federal workers, such as those working in the airline industry.	/
Louisiana	✅	The state of Louisiana’s right-to-work policy states that all workers shall join or refrain from joining any labor organization without the fear of punishment.	/
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. Employers may not deduct a fair-share fee from nonmembers’ wages without their consent. 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	✅	Due to recent changes, the state of Michigan’s right-to-work policy is still valid only when it comes to the public sector. RTW law in relation to the private sector has been repealed.	On March 24, 2023, the Senate introduced Bill No. 34 to repeal Michigan’s right-to-work law.  The repeal took effect on February 13, 2024. Under this Bill, private-sector employers may 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	✅	The state of Mississippi’s right-to-work policy prohibits denial of work on account of: – Refusing to join a labor organization, – Refusing to leave a labor organization, and – Refusing to pay union fees.	/
Missouri	❌	/	According to Missouri’s SB 54 Act, employees have the right to form or join a labor union or refrain from doing so.  However, this act is valid in counties “where the governing body of the county has submitted a question to its qualified voters asking whether the county shall be subject to this act; If a majority of the votes are in favor of the question, the provisions of this act become effective in the county upon approval.”
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 isn’t 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	✅	The state of Nebraska’s right-to-work policy prohibits denial of employment on the basis of labor union membership or nonmembership. No individual, association, or corporation is permitted to enter into any contract (oral or written) that would exclude anyone from employment due to affiliation with a labor organization or lack thereof.	/
Nevada	✅	According to the state of Nevada’s right-to-work policy, it’s unlawful to make any agreement (oral or written) that would require a person to become a member of a labor union, or refrain from doing so, as a condition of employment.	/
New Hampshire	❌	/	According to the New Hampshire Public Employee Labor Relations Act, public employers can’t 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	❌	/	As an at-will state, New Jersey allows employers to terminate employment without cause, as long as no state or federal laws are violated. The New Jersey Law Against Discrimination prohibits employers and labor unions from discriminating against persons based on their race, age, gender, marital status, etc.
New Mexico	❌	/	According to New Mexico House Bill 85, employers who aren’t 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	✅	The state of North Carolina’s right-to-work policy makes it unlawful to: – Require labor union membership as a condition of employment, – Require payment of union dues as a condition of employment, and  – Require leaving a labor union as a condition of employment.	/
North Dakota	✅	According to the state of North Dakota’s right-to-work policy, employees are free to: – Join, form, or assist in a labor union, – Bargain collectively through a representative of their choice, and – Refuse to join a union.	/
Ohio	❌	/	Under the Ohio Revised Code, 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	✅	The state of Oklahoma’s right-to-work policy states that it’s unlawful to use the condition of employment to: – Require labor union membership or nonmembership, – Require payment of union dues, and – Require persons to be recommended, referred, approved, or cleared by or through a labor union.	/
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	✅	The state of South Carolina’s right-to-work policy prohibits employers from using the condition of employment to force employees to: – Become members of a labor union, – Refrain from becoming members of a labor union, and – Pay union dues.	/
South Dakota	✅	The state of South Dakota’s right-to-work policy makes it unlawful to: – Deny work for refusing to join or refrain from joining a labor organization, and – Enter into any agreement that would violate a person’s right to work. Violation of these provisions is classified as a misdemeanor.	/
Tennessee	✅	The state of Tennessee’s right-to-work policy allows employees to: – Freely join or leave a labor organization, – Bargain individually or collectively, and – Refuse to pay union fees. Violation of these provisions by the employer is classified as a Class A misdemeanor.	/
Texas	✅	The state of Texas’ right-to-work policy protects persons from being denied employment for: – Refusing to join or leave a labor organization, and – Failing to pay union fees.	/
Utah	✅	According to the state of Utah’s right-to-work policy, it’s unlawful for an employer to require any person to join a labor union or refrain from doing so, as a condition of employment. The employer is also prohibited from requiring employees to pay union dues. Violation of these provisions is classified as a misdemeanor. A person who was denied employment in violation of Utah’s right-to-work law is entitled to compensation.	/
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	✅	The state of Virginia’s right-to-work policy prohibits employers from: – Denying employment due to membership or nonmembership in any labor union, – Requiring payment of union fees, and – Entering into an agreement (oral or written) that would require a person to become a member of a labor union as a condition of employment.	/
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	✅	According to the state of West Virginia’s right-to-work policy, employees are free to: – Join or leave any labor union, and – Refuse to pay union dues.	/
Wisconsin	✅	The state of Wisconsin’s right-to-work policy gives the right to employees to become members of any labor organization or refrain from doing so. They also can’t be forced to pay union dues.	/
Wyoming	✅	The state of Wyoming’s right-to-work policy prohibits employers from requiring employees to: – Join or remain in a labor organization, – Leave a labor organization, – Pay labor dues, and – To be recommended, referred, approved, or cleared through or by a labor union.	/

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 employee unions,
• participate in other concerted activities in order to engage in collective bargaining or other form of mutual aid or protection, and
• refuse to participate in any activities pertaining to any labor organization.

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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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 27 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,
• Michigan (only in regard to the public sector),
• Nebraska,
• Nevada,
• North Carolina,
• North Dakota,
• Oklahoma,
• South Carolina,
• South Dakota,
• Tennessee,
• Texas,
• Utah,
• Virginia,
• West Virginia,
• Wisconsin, and
• Wyoming.

To sum up, what states aren’t right-to-work states?

There are 24 US states in total that don’t have right-to-work laws.

The following is a list of states that aren’t right-to-work states:

• Alaska,
• California,
• Colorado,
• Connecticut,
• Delaware,
• District of Columbia,
• Hawaii,
• Illinois,
• Maine,
• Maryland,
• Massachusetts,
• Missouri (except in certain counties provided that the right-to-work provisions are voted by the majority),
• Minnesota,
• Montana,
• New Hampshire,
• New Jersey
• 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.”

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 freedoms to employees such as:

• the right to form, join, or assist any labor organization,
• the right to choose their own representatives for the purpose of collective bargaining, and
• the right to refuse to join a labor organization and pay any related fees.

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

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.

What is the difference between at-will and right-to-work? 

According to the Bureau of Labor Statistics, at-will employment is a legal doctrine indicating that anyone can enter into an employment contract of a specified validity period. In the absence of such contract, no obligations shall fall on employee nor employer.

It also dictates 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.

🎓 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 

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 doesn’t 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.

🎓 Do you 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 — Difference Between a Freelancer, a Contractor, and an Employee Pay Independent Contractors (1099 Workers) in 5 Simple Steps

What does it mean to have the legal right to work in the US?

Whether you have the right to work in the US or not mainly depends on your work authorization. 

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’re a business owner in the US and want to know whether the right-to-work law applies to you, be sure to check:

• The federal law (the NLRA), and
• If the state your business is registered in has its own right-to-work law.

We hope our right-to-work states guide for 2025 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:

• Follow the links provided as sources at the end of our guide, and
• Visit the State Labor Laws section of our website.

Please bear in mind that this article was written in Q1 of 2025. Thus, it may not include changes introduced after it was published. 

We strongly advise you to consult the appropriate institutions and/or certified representatives before acting on any legal matters.

Clockify isn’t responsible for any losses or risks incurred should this guide be used without legal guidance.