Businesses are subject to many laws at not only the federal but also the state level. It can be difficult to keep all of these straight, especially when it comes to which states have which laws in place. One example of this is right-to-work laws.
In this article, we’ll talk about what a right-to-work state is, share the list of which states are right-to-work and which ones aren’t, and give you more information about these laws and their controversial nature.
Key Takeaways:
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There are 27 right-to-work states, plus Guam.
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The entire public sector is considered right-to-work, no matter what individual state laws say.
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Proponents of right-to-work laws say that they protect individuals’ freedoms and benefits workers financially, while opponents say they are intended to weaken unions and take advantage of employees.
What Is a Right-to-Work State?
A right-to-work state is a state that has laws in place that prevents workers from being forced to join a labor union as a condition of their employment, even if they’re applying for a job at a unionized organization. They also can’t be required to join a union once they’re hired.
These laws usually give employees in a unionized workplace the right to still receive legal protections from the union even if they don’t pay member dues.
Right-to-Work States
Here is the list of the 27 states who currently have right-to-work laws:
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Alabama
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Arizona
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Arkansas
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Florida
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Georgia
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Idaho
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Indiana
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Iowa
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Kansas
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Kentucky
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Louisiana
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Michigan
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Mississippi
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Nebraska
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Nevada
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North Carolina
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North Dakota
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Oklahoma
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South Carolina
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South Dakota
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Tennessee
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Texas
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Utah
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Virginia
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West Virginia
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Wisconsin
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Wyoming
Additionally, even though it technically isn’t a state, Guam is considered right-to-work as well.
While this list is a helpful reference point, keep in mind that state laws are always changing, and right-to-work laws haven’t ceased being a hot topic.
Kentucky only became a right-to-work state in 2017; for example, there has been a plethora of legislation in the past ten years expanding and adjusting states’ right-to-work laws since many only cover certain industries.
If you’re considering starting a business in your own state or opening up shop in another one, seek the guidance of a legal professional to make sure you don’t miss anything as far as right-to-work laws go.
Federal Right-To-Work Laws
States can set their own right-to-work laws for the private sector, but in 2018, the Supreme Court ruled that federal and state governments couldn’t require their employees to pay union fees. As a result, the public sector across the country is entirely right-to-work, no matter what the state laws may say.
States That Aren’t Right-To-Work
These states currently don’t have these laws in place:
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Alaska
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California
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Colorado
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Connecticut
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Delaware
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Hawaii
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Illinois
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Maine
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Maryland
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Massachusetts
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Minnesota
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Missouri
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Montana
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New Hampshire
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New Jersey
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New Mexico
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New York
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Ohio
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Oregon
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Pennsylvania
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Rhode Island
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Vermont
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Washington
Again, however, laws can change quickly, so pay attention to your next election to see if a right-to-work issue is listed on the ballot.
Right-To-Work Law Controversies
Right-to-work laws are not without controversy, as many opponents of these laws hold that they weaken unions and empower large corporations, which in turn may reduce pay, benefits, and work environment quality and safety for workers.
Many also point out that by requiring unions to protect all workers in unionized industries whether they pay union dues or not, the federal government is promoting freeloading and is hurting unions even more.
On the other hand, proponents hold that these laws help to protect workers’ individual rights to choose which organizations they join and pay dues to.
They also point out that states that have these laws may attract more businesses since they don’t have to worry as much about unions interfering with their operations. Many say these states also have higher employment rates, higher take-home paychecks, and lower costs of living.
Right-to-Work FAQ
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What is the difference between at-will and right-to-work?
The difference between at-will and right-to-work is that at-will means employees can quit or get fired at any time for any reason, while right-to-work means employees aren’t required to join a union to get a job.
At-will protects employers’ rights to fire their employees at any point for any reason, along with the employees’ rights to quit their jobs at any time and for any reason.
Right-to-work laws allow employees to get jobs at unionized organizations without being required to join a union and pay dues. However, these workers still get to benefit from unions’ protections just as if they did.
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Are right-to-work states better?
No, right-to-work states aren’t better. Some studies show that right-to-work states enjoy higher employment rates and lower costs of living, but other studies show that these states also see lower pay rates and aren’t actually any better off financially.
This is generally attributed to the fact that right-to-work states don’t require workers to pay union dues but require unions to provide the same protections to workers at unionized organizations whether they pay their dues or not.
This means less money for the unions with the same expenditure requirements, which weakens them and often means lower pay and fewer benefits for employees.
However, some right-to-work states have an easier time attracting companies since they can promise they won’t have to deal with as many union requirements. They also typically have higher employment rates, and their workers enjoy taking home a larger percentage of their paychecks and having the freedom to choose to join a union or not.
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Are there unions in right-to-work states?
Yes, there are unions in right-to-work states. Being a right-to-work state doesn’t mean it can’t have a union; it just means that employees can’t be forced to join those unions as a condition of employment.
This means workers choose to join unions before or after being employed rather than being required to be a part of one to be hired or to keep their jobs. It also means companies can’t just automatically subtract union dues from workers’ paychecks without their permission.
However, workers can still benefit from unions’ protection even if they aren’t technically union members. Many industries or companies are unionized, which means that everyone in them gets the same protections whether they pay their dues or not.
Author
Caitlin Mazur
Caitlin Mazur is a freelance writer at Zippia where she has written 140+ articles that have reached over 1 mil viewers as of June 2023. Caitlin is passionate about helping Zippia’s readers land the jobs of their dreams by offering content that discusses job-seeking advice based on experience and extensive research.
