Right to Work States and What the Laws Do

A right-to-work law does not promise anyone a job or protect you from being fired. It bans contracts that make workers pay a union as a condition of keeping their job, and 26 states have one.

By Resist Now Published

What Right to Work Means vs. At-Will Employment

Right to work means no one can be required to pay a union to keep a job. It says nothing about firing. People mix it up with at-will employment more than anything else, and the two are separate laws.

  • Right to work is about union fees. In a right-to-work state, a contract cannot make you join a union or pay dues or a fee, even when a union represents your workplace.
  • At-will employment is about firing. An employer may let you go for any reason or no reason, as long as the reason is not illegal, such as race, sex, or organizing a union.

At-will employment is the rule in nearly every state, right-to-work or not. So a worker in Texas and a worker in California can both be fired without a stated reason. The difference is what a union contract may ask them to pay.

Key facts

  • 26 states have right-to-work laws; 24 states and D.C. do not (NCSL).
  • Federal law lets states choose, under Section 14(b) of the 1947 Taft-Hartley Act (29 U.S.C. 164(b)).
  • The median union membership rate is 5.4% in right-to-work states and 13.1% in the rest, 2025 (BLS).
  • Michigan’s repeal took effect in February 2024, the first by any state in nearly 60 years. New Hampshire’s House rejected right to work again in February 2025.

Right to Work States in 2026

26 states are right-to-work states, mostly in the South, the Plains, and the Mountain West. 12 of them passed their laws by 1947, and only 5 have joined since 2000: Oklahoma, Indiana, Wisconsin, West Virginia, and Kentucky. Guam has one too. Choose your state to see its status and when its law began.

Is your state a right-to-work state?

Choose your state to see whether it has a right-to-work law.

Right-to-work laws cover private-sector jobs under the National Labor Relations Act. Public employees in every state cannot be charged union fees without consent since Janus v. AFSCME (2018). Workers covered by the Railway Labor Act, such as airline and railroad workers, fall under different rules. This is general information, not legal advice.

Is the state a right-to-work state?

  • Has a right-to-work law (26)
  • No right-to-work law (25)
Is the state a right-to-work state? Tap a state for its rules.

Sources: NCSL, Right-to-Work Resources; Ballotpedia, Right-to-work laws; Michigan Legislature, Public Act 8 of 2023 (SB 34); New Hampshire Bulletin, House once again rejects right-to-work (Feb. 13, 2025); Virginia Scope, Spanberger opposes full repeal. Verified September 28, 2026.

Is the state a right-to-work state?
State Is the state a right-to-work state?
Alabama Has a right-to-work law
Alaska No right-to-work law
Arizona Has a right-to-work law
Arkansas Has a right-to-work law
California No right-to-work law
Colorado No right-to-work law
Connecticut No right-to-work law
Delaware No right-to-work law
District of Columbia No right-to-work law
Florida Has a right-to-work law
Georgia Has a right-to-work law
Hawaii No right-to-work law
Idaho Has a right-to-work law
Illinois No right-to-work law
Indiana Has a right-to-work law
Iowa Has a right-to-work law
Kansas Has a right-to-work law
Kentucky Has a right-to-work law
Louisiana Has a right-to-work law
Maine No right-to-work law
Maryland No right-to-work law
Massachusetts No right-to-work law
Michigan No right-to-work law
Minnesota No right-to-work law
Mississippi Has a right-to-work law
Missouri No right-to-work law
Montana No right-to-work law
Nebraska Has a right-to-work law
Nevada Has a right-to-work law
New Hampshire No right-to-work law
New Jersey No right-to-work law
New Mexico No right-to-work law
New York No right-to-work law
North Carolina Has a right-to-work law
North Dakota Has a right-to-work law
Ohio No right-to-work law
Oklahoma Has a right-to-work law
Oregon No right-to-work law
Pennsylvania No right-to-work law
Rhode Island No right-to-work law
South Carolina Has a right-to-work law
South Dakota Has a right-to-work law
Tennessee Has a right-to-work law
Texas Has a right-to-work law
Utah Has a right-to-work law
Vermont No right-to-work law
Virginia Has a right-to-work law
Washington No right-to-work law
West Virginia Has a right-to-work law
Wisconsin Has a right-to-work law
Wyoming Has a right-to-work law
See all states in a table
Showing 51 of 51 states
AlabamaHas a right-to-work law
AlaskaNo right-to-work law
ArizonaHas a right-to-work law
ArkansasHas a right-to-work law
CaliforniaNo right-to-work law
ColoradoNo right-to-work law
ConnecticutNo right-to-work law
DelawareNo right-to-work law
District of ColumbiaNo right-to-work law
FloridaHas a right-to-work law
GeorgiaHas a right-to-work law
HawaiiNo right-to-work law
IdahoHas a right-to-work law
IllinoisNo right-to-work law
IndianaHas a right-to-work law
IowaHas a right-to-work law
KansasHas a right-to-work law
KentuckyHas a right-to-work law
LouisianaHas a right-to-work law
MaineNo right-to-work law
MarylandNo right-to-work law
MassachusettsNo right-to-work law
MichiganNo right-to-work law
MinnesotaNo right-to-work law
MississippiHas a right-to-work law
MissouriNo right-to-work law
MontanaNo right-to-work law
NebraskaHas a right-to-work law
NevadaHas a right-to-work law
New HampshireNo right-to-work law
New JerseyNo right-to-work law
New MexicoNo right-to-work law
New YorkNo right-to-work law
North CarolinaHas a right-to-work law
North DakotaHas a right-to-work law
OhioNo right-to-work law
OklahomaHas a right-to-work law
OregonNo right-to-work law
PennsylvaniaNo right-to-work law
Rhode IslandNo right-to-work law
South CarolinaHas a right-to-work law
South DakotaHas a right-to-work law
TennesseeHas a right-to-work law
TexasHas a right-to-work law
UtahHas a right-to-work law
VermontNo right-to-work law
VirginiaHas a right-to-work law
WashingtonNo right-to-work law
West VirginiaHas a right-to-work law
WisconsinHas a right-to-work law
WyomingHas a right-to-work law

Sources: NCSL, Right-to-Work Resources; Ballotpedia, Right-to-work laws; Michigan Legislature, Public Act 8 of 2023 (SB 34); New Hampshire Bulletin, House once again rejects right-to-work (Feb. 13, 2025); Virginia Scope, Spanberger opposes full repeal. Verified September 28, 2026.

The NLRB’s own page on union dues still says 27 states ban union-security agreements, a count from before Michigan’s repeal (NLRB). The count is 26.

What to Do, by Situation

Your rights to organize are the same in every state; what changes is whether a contract can make you pay. Open the situation closest to yours. This is general information, not legal advice.

Right to work and your job, by situation

Open the one closest to yours.

My new job says I have to join the union
  1. Check your state in the finder above. In a right-to-work state, you do not have to join or pay anything.
  2. In other states, a private-sector contract can require dues or a fee starting 30 days after you are hired. You can still decline full membership.
  3. If you decline, you can ask to pay only the share of dues spent on representation, such as bargaining and handling grievances. Ask the union in writing for that amount.
  4. If you object on religious grounds, you can pay the same amount to a nonreligious charity instead.

The NLRB explains the 30-day rule, the objector option (the Beck right), and the religious exception on its union dues page.

I was fired or threatened for talking about a union
  1. Write down what was said or done, who did it, and the date, while you remember it.
  2. File a charge with the National Labor Relations Board within six months. Filing is free, and you do not need a lawyer.
  3. This protection applies in every state, right-to-work or not, and covers coworkers who act together without a union.
  4. Supervisors, independent contractors, farm workers, and household workers are generally not covered by the federal law. Check your state labor agency instead.

Section 7 of the National Labor Relations Act protects organizing, and Section 8 makes interfering with it unlawful. The six-month deadline is in 29 U.S.C. 160(b).

I want to stop paying union dues
  1. In a right-to-work state, resign your membership and revoke your dues deduction in writing. Check your authorization card for any dates when you can revoke it.
  2. In other states, you can resign and become an objector, but a contract may still require you to pay the representation share.
  3. If you work for a public employer, you cannot be charged anything without your consent in any state.

Public-sector fees ended nationwide with Janus v. AFSCME on June 27, 2018.

I do not pay the union, and I need help with a problem at work
  1. Contact your steward or union office. A union that represents your workplace must represent every worker in the unit fairly, members or not.
  2. Put your request in writing and keep a copy.
  3. If the union refuses because you are not a member, you can file a charge against the union with the NLRB.

The NLRB states that the union "is still required to represent all workers" in right-to-work states.

I was fired with no reason given
  1. A right-to-work law does not affect this. Most jobs in every state are at-will, so a firing without a reason is usually legal.
  2. It is illegal if the real reason was your race, sex, age, disability, religion, or another protected trait, or retaliation for organizing or reporting a problem.
  3. For discrimination, file with the U.S. Equal Employment Opportunity Commission, usually within 180 days, or 300 days in states with their own fair employment agency.
  4. If you have a union contract, read it. Many require "just cause" for firing, which is stronger than at-will.

How Right to Work Laws Work Under Taft-Hartley

Congress let each state decide in 1947, and that choice still sets the map. The National Labor Relations Act allows a union and an employer to sign a “union-security” agreement, a contract that makes every worker in the unit pay dues or a fee. The Taft-Hartley Act added Section 14(b), which lets a state ban those agreements:

"Nothing in this subchapter 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." (29 U.S.C. 164(b))

Three rules sit alongside that clause and explain what right to work does and does not change.

  1. Nobody can be forced into full membership anywhere. Even in states without right to work, the most a contract can require is the fee for representation. Workers who choose that route are called objectors, under the Supreme Court’s Beck ruling (NLRB).
  2. The union must represent everyone. A union that wins an election becomes the exclusive representative of the whole unit and must represent members and non-members fairly. In a right-to-work state it must do that for workers who pay nothing, which unions call the free-rider problem. Our union busting explainer covers how that plays out.
  3. Public employees are covered by Janus. In Janus v. AFSCME (June 27, 2018), the Supreme Court ruled 5-4 that charging agency fees to non-consenting public employees violates the First Amendment (Cornell LII). That made the public sector right-to-work in effect in all 50 states. State right-to-work laws now matter mainly for private-sector jobs.

For how contracts get negotiated once a union is in place, see our collective bargaining guide.

Union Membership by State in 2025

The typical state without right to work has 2.4 times the union membership rate of the typical right-to-work state. The median is 13.1% in states without the law and 5.4% in states with it. Nationally, 10.0% of workers belonged to a union in 2025, 14.7 million people.

Union membership rate, 2025 (median state)
Union membership rate, 2025 (median state)
CategoryValue
States without right-to-work (median of 24)13.1%
United States overall10%
Right-to-work states (median of 26)5.4%

Source: BLS, Union Members 2025, Table 5 (released February 18, 2026). Medians of the 50 states, excluding D.C., calculated by Resist Now.

All 10 states with the lowest union membership are right-to-work states, and none of the 10 highest are. Red bars are right-to-work states; green bars are not.

The 10 highest and 10 lowest union membership rates, 2025
The 10 highest and 10 lowest union membership rates, 2025
CategoryValue
Hawaii24.8%
New York21.3%
Alaska18.1%
Washington18%
Rhode Island16.1%
Connecticut16.1%
Oregon15.1%
California14.9%
New Jersey14.7%
Massachusetts14.5%
Tennessee4.8%
Louisiana4.4%
Mississippi4.2%
Idaho4.1%
Arizona4.1%
Utah3.8%
Arkansas2.8%
South Carolina2.7%
North Carolina2.5%
South Dakota2.3%

Source: BLS, Union Members 2025, Table 5 (released February 18, 2026). Right-to-work status from NCSL, checked September 28, 2026.

The groups overlap, though. Nevada, a right-to-work state, had a 13% rate, higher than Colorado‘s 5.9% without the law. Membership also differs sharply by sector: 32.9% of public-sector workers were members in 2025, against 5.9% in the private sector (BLS). A state’s industries, history, and politics shape its union rate as well as its law, so this chart shows a pattern, not proof of cause.

What Happened in the States That Switched

Union membership fell in all four states that adopted right to work after 2011, and held steady in Michigan after its repeal. The chart compares each state’s rate in the year before its law changed with its 2025 rate.

Union membership rate before the law changed and in 2025
Union membership rate before the law changed and in 2025
GroupYear before the change2025Change
Indiana (adopted 2012; 2011 to 2025)11.3%8.3%−3.0 pts
Wisconsin (adopted 2015; 2014 to 2025)11.7%6.4%−5.3 pts
West Virginia (adopted 2016; 2015 to 2025)12.4%8.5%−3.9 pts
Kentucky (adopted 2017; 2016 to 2025)11.1%8.9%−2.2 pts
Michigan (repealed 2024; 2023 to 2025)12.8%13.0%+0.2 pts

Source: BLS, Union Members by State, archived releases for each year and BLS, Union Members 2025, Table 5 (released February 18, 2026). Michigan (highlighted) repealed its law; the others adopted one.

Read it with two cautions. The national rate also fell, from 11.8% in 2011 to 10.0% in 2025, so some of each drop would have happened anyway. And Wisconsin’s decline began before its 2015 law, after Act 10 cut public-sector bargaining in 2011. The research below uses methods built to separate those effects.

Wages, Jobs, and the Evidence

Studies agree right to work lowers union membership; on wages and jobs, results cut both ways. The two most careful recent studies find wages 1 to 4% lower. One also finds slightly higher employment. Each has limits, listed here.

What studies of right-to-work laws found

StudyDesignWhat it foundLimits
Fortin, Lemieux and Lloyd, NBER Working Paper 30098 (2022)Event study of the five states that adopted the law from 2012 to 2017, using Current Population Survey dataUnion membership about 4 points lower five years later and wages about 1% lower. In highly unionized industries, membership fell almost 13 points and wages more than 4%.Few states and a short window; a working paper, not yet peer-reviewed in this form.
Dasgupta and Merchant, Federal Reserve FEDS Notes (September 8, 2023)Six states that adopted the law from 2001 to 2017, compared with other states, 2000 to 2020Employment about 1 point higher; annual wages about $1,900 (about 4%) lower; union membership 2 points lower.The authors call it "associational evidence rather than a causal relationship" and note the states were already trending differently.
Economic Policy Institute, reported by Marketplace (September 3, 2026)Compares workers in all right-to-work states with workers elsewhereWorkers in right-to-work states earn nearly 7% less, a gap that has more than doubled in a decade.A cross-state comparison. EPI economist Elise Gould told Marketplace that other policies, such as higher minimum wages, also drive the gap.
Holmes, Journal of Political Economy 106(4) (1998)Compares counties on each side of state bordersManufacturing's share of jobs about one-third higher (6.6 points) on the right-to-work side.Right to work stands in for a whole pro-business package; Holmes warns this does not mean the law raises statewide jobs by a third.

Source: NBER Digest, August 2022; Federal Reserve FEDS Notes, September 8, 2023; Marketplace, September 3, 2026; Holmes, Federal Reserve Bank of Minneapolis Staff Report 205 (JPE version, 1998)

The studies fit together more than the headlines suggest. Right to work reduces union membership, and with fewer members, unions bargain for less, so wages fall a little, most in the industries where unions were strongest. The Fortin study estimates unions raise members’ wages by about 40%, which is why a few points of lost membership show up in pay (NBER). The Federal Reserve note found slightly more people working, which is the result supporters point to, and no clear change in how financially secure workers felt overall (Federal Reserve).

The raw gap between states is larger than either study’s estimate. Marketplace, citing EPI, reports that 6% of workers in right-to-work states are union members, against 16% in other states (Marketplace). The two sides disagree most over how much of that gap the law itself causes.

How Right to Work Spread, 1943 to 2025

The first state laws came before federal law settled the question. After Congress confirmed states’ power in 1947, most of the South and the Plains adopted right to work within a decade. Over the next 40 years only Wyoming, Louisiana, and Idaho joined. Then came Oklahoma in 2001, a wave of Midwestern states after 2011, and Michigan, the first to reverse course.

Right to work, 1943 to 2025
  1. First state laws Florida and Arkansas adopt right to work.
  2. Taft-Hartley Act Section 14(b) lets any state ban union-security contracts.
  3. Idaho The last state to join for 16 years.
  4. Oklahoma Voters add it to the state constitution.
  5. Indiana and Michigan Right to work reaches the industrial Midwest.
  6. Wisconsin, West Virginia, Kentucky Kentucky, in 2017, is the last state to adopt it.
  7. Missouri vote and Janus Missouri voters overturn a new law; the Supreme Court bans public-sector fees.
  8. Michigan repeals Signed March 24, 2023, effective February 2024.
  9. New Hampshire says no The House rejects right to work 200-180.

Right to work, 1943 to 2025: 1943-44: First state laws (Florida and Arkansas adopt right to work.). 1947: Taft-Hartley Act (Section 14(b) lets any state ban union-security contracts.). 1985: Idaho (The last state to join for 16 years.). 2001: Oklahoma (Voters add it to the state constitution.). 2012: Indiana and Michigan (Right to work reaches the industrial Midwest.). 2015-17: Wisconsin, West Virginia, Kentucky (Kentucky, in 2017, is the last state to adopt it.). 2018: Missouri vote and Janus (Missouri voters overturn a new law; the Supreme Court bans public-sector fees.). 2023-24: Michigan repeals (Signed March 24, 2023, effective February 2024.). 2025: New Hampshire says no (The House rejects right to work 200-180.).

1943 to 1944: Florida (by statute, 1943) and Arkansas (by constitutional amendment, 1944) adopted the first right-to-work laws, according to NCSL’s table of adoption years (NCSL).

1947: The Taft-Hartley Act amended the National Labor Relations Act and added Section 14(b), confirming that states may ban contracts requiring union membership (29 U.S.C. 164(b)).

1985: Idaho adopted right to work, the last state to do so for 16 years.

2001: Oklahoma adopted right to work, by both constitutional amendment and statute, per NCSL.

2012: Indiana and Michigan passed right-to-work laws in the same year.

2015 to 2017: Wisconsin, West Virginia, and Kentucky followed. Kentucky, in 2017, was the last state to adopt the law.

2018: Missouri voters overturned the right-to-work law their Legislature had passed, in an August referendum. In June, Janus v. AFSCME ended agency fees for public employees in every state.

2023 to 2024: Michigan repealed its law with Public Acts 8 and 9 of 2023, signed March 24, 2023 (Michigan Legislature). The repeal took effect in February 2024.

2025: New Hampshire’s House rejected right to work 200-180 on February 13, its latest in a long string of defeats there, and voted to keep the bill from returning before the 2026 elections (New Hampshire Bulletin).

Bills and Votes in 2025 and 2026

Congress has bills to go both ways, and neither has moved out of committee. One would make right to work national; the other would override state right-to-work laws.

Where right-to-work fights stand

As of September 28, 2026

  • National Right-to-Work Act (H.R. 1232) Proposal, in committee

    Introduced February 12, 2025 by Rep. Joe Wilson (R-S.C.) with 128 cosponsors. It would ban union-security contracts nationwide. No action since referral to committee. (source)

  • PRO Act (H.R. 20 and S. 852) Proposal, in committee

    Introduced March 5, 2025 with 217 House and 45 Senate cosponsors. Section 111 would make fair-share fee agreements valid "notwithstanding any State or Territorial law," overriding right-to-work laws. (source)

  • Michigan repeal Law, in effect February 2024

    Public Acts 8 and 9 of 2023 ended right to work for private and public employers. (source)

  • New Hampshire right-to-work bill Ended, rejected Feb. 13, 2025

    The House voted it down 200-180 and blocked it from returning before the 2026 elections. (source)

  • Virginia repeal effort Ended, did not pass in 2026

    Gov. Abigail Spanberger said she would not sign a full repeal, and business and union leaders expected little change this year. (source)

  • Janus v. AFSCME Final ruling, June 27, 2018

    No agency fees from non-consenting public employees in any state. (source)

Source: Congress.gov and govinfo bill status; Michigan Legislature; New Hampshire Bulletin; ARLnow; Virginia Scope; Cornell LII

Virginia is the state to watch. Repeal bills keep coming back in the General Assembly, and Spanberger has said she opposes a full repeal (Virginia Scope).

The Case for Right to Work

Supporters make an argument about choice, and it has real force. Under federal law, a union that wins an election represents every worker in the unit, including those who voted against it. Supporters argue that no one should have to pay an organization they did not choose in order to keep a job, and that unions that must earn each member’s dues will serve members better.

A few points keep the debate honest:

  • Unions choose exclusive representation. Opponents of right to work call non-payers free riders. Supporters answer that federal law lets a union bargain for members only, but unions prefer representing the whole unit because it gives them more power.
  • Cost of living matters. The National Right to Work Committee argues that incomes in right-to-work states go further once housing and other costs are counted. Wage gaps between states partly reflect prices, which the Fortin and Federal Reserve studies handle by comparing states before and after the change.
  • Employers weigh it. Holmes found far more manufacturing on the right-to-work side of state borders, and supporters point to site-selection surveys. Holmes’s own caution is that the law travels with a package of pro-business policies, so the law alone may not explain the gap.
  • The employment result is small but real. The Federal Reserve note found about 1 point higher employment in states that adopted the law, alongside lower wages. Both sides can cite the same study.

Common questions

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

Right to work is about union fees: in a right-to-work state, no one can be required to pay a union to keep a job. At-will employment is about firing: an employer may let you go for any reason or none, unless the reason is illegal, such as discrimination or retaliation for organizing. The two are separate laws, and a right-to-work law does not change whether you can be fired.

How many states are right-to-work states?

26 states have right-to-work laws in 2026. The other 24 states and the District of Columbia do not. Michigan was the last state to change, when its repeal took effect in February 2024.

Is Texas a right-to-work state?

Yes. Texas has had a right-to-work law since 1947. No one in Texas can be required to join a union or pay union fees to keep a job, though a union that wins an election still represents every worker in the unit.

Is California a right-to-work state?

No. California has no right-to-work law, so a private-sector union contract there may require workers to pay dues or a fee for representation. Public employees in every state, including California, cannot be charged union fees without consent since the 2018 Janus decision.

Is Michigan still a right-to-work state?

No. Michigan adopted right to work in 2012 and repealed it in 2023. The repeal took effect in February 2024, making Michigan, in Ballotpedia’s words, “the first state in decades to repeal” it.

Do I have to join a union in a right-to-work state?

No. In a right-to-work state you do not have to join a union or pay it anything, even if a union represents your workplace. In other states, a contract can require you to pay, but you can still decline full membership and pay only the share of dues spent on representation.

Is right to work good or bad for workers?

Whether right to work is good or bad for workers depends on what you measure. A study of the five states that adopted it from 2011 to 2017 found lower union membership and wages about 1 percent lower, and more than 4 percent lower in construction, education and public administration. A Federal Reserve note found employment about 1 point higher. The National Right to Work Legal Defense Foundation says right-to-work states have a higher standard of living, and the AFL-CIO says the laws tilt the balance toward big corporations.

What You Can Do

  1. Know which rules apply to you. Check your state in the finder above, then read your contract or ask your union for the fee rules in writing.
  2. Report retaliation fast. If you were fired or threatened for organizing, file a charge with the National Labor Relations Board within six months.
  3. Talk to coworkers. Discussing pay and working conditions with coworkers is protected in every state, with or without a union.
  4. Watch your legislature. Right-to-work bills and repeal bills are decided state by state; our preemption explainer shows how state lawmakers also limit what cities can do on pay.
  5. Tell Congress where you stand. Write your members about the PRO Act or the National Right-to-Work Act. Our letter-writing guide shows how to make the message count.

Related reading: minimum wage by state, since states without right to work are also more likely to set higher minimum wages, a difference EPI notes when comparing pay.