Right-To-Work States: 2026 Employers’ Guide

Right-To-Work States 2024: What Are They and How It Works

Employment law can feel overwhelming with all its terms, rules, and exceptions. One term you may have come across is “right-to-work.” What exactly does it mean, and how does it affect both employers and employees in 2026?

Right-to-work laws impact whether employees can be required to join a union or pay union dues as a condition of employment. Right-to-work states give workers the freedom to choose union membership without jeopardizing their jobs. It’s a hot topic, especially for businesses that hire in multiple states and employees who want to understand how these laws protect or limit their rights.

By the end of this guide, you’ll understand what right-to-work means, how it varies across the country, and what you need to know for your business and career. We’ll also share how Mosey can help you manage state compliance.

Key Takeaways

Right-to-work laws protect workers from being forced to join unions or pay union dues as a condition of employment
As of 2026, 26 states have right-to-work laws on the books
These laws significantly impact union power, collective bargaining, and workplace dynamics
Multi-state employers must navigate varying right-to-work requirements across different work state jurisdictions

What Is a Right-To-Work Law?

Right-to-work laws protect an employee’s right to choose whether to participate in a labor union. In right-to-work states, no employee can be forced to join a union or pay union dues to secure or keep their job.

At its core, these laws are about choice. They ensure your employment isn’t tied to union membership, allowing you to decide if joining a union makes sense for you—without the pressure of mandatory dues or membership.

Here’s a quick breakdown:

Union Membership: Voluntary in right-to-work states. Employees can join if they wish but can’t be forced to.
Union Dues: Also voluntary. You don’t have to pay dues if you’re not in the union.
Employment Rights: Your ability to maintain or obtain a job is not dependent on whether you’re part of a union.

Right-to-work laws focus on one key idea: giving workers more control over their work choices and at-will employment decisions.

What Is the Difference Between Right-To-Work and Union Security Agreements?

To fully understand right-to-work, it helps to know what it’s pushing against: union security agreements. These arrangements between employers and unions often require employees to join the union or pay fees, whether or not they want to be members.

Right-to-work laws block these agreements, ensuring an employee’s job won’t be contingent on joining or paying a union. This distinction is vital because it directly affects how unions operate within each work state and how businesses handle labor law compliance.

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Which States Are Right-To-Work States in 2026?

As of 2026, there are 26 states with right-to-work laws. In these right-to-work states, employees have the legal right to choose whether they want to join a union without any employment consequences if they decide not to.

Here’s the full list of right-to-work states:

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
Wyoming

If you operate a business in any of these right-to-work states, you won’t be able to require union membership as a condition of employment. Similarly, workers in these states can choose whether they want to join a union without worrying about losing their jobs over that decision.

Important 2026 Update: Michigan repealed its right-to-work law effective March 30, 2024, becoming the first state in nearly 60 years to reverse such legislation.

What Are the States Without Right-To-Work Laws?

The picture looks different in states like California or New York. Many states don’t have right-to-work laws, meaning private sector workers may be required to pay certain union fees under specific agreements in each work state, even if they choose not to become union members.

Here’s a look at states that do not have right-to-work laws:

Alaska
California
Colorado
Connecticut
Delaware
Hawaii
Illinois
Maine
Maryland
Massachusetts
Michigan (repealed in 2024)
Minnesota
Missouri
Montana
New Hampshire
New Jersey
New Mexico
New York
Ohio
Oregon
Pennsylvania
Rhode Island
Vermont
Washington

Washington, D.C., has also not adopted right-to-work laws. In these states and districts, critics argue that right-to-work laws weaken unions’ bargaining power and harm workers.

For businesses and workers in these jurisdictions, union membership can still be part of the employment package. This often means paying union dues or fees, even if you’re not an active union member.

What Are Federal Right-To-Work Laws?

At the federal level, right-to-work laws are authorized by the Taft-Hartley Act of 1947, which amended the National Labor Relations Act (NLRA). This legislation gave states the power to decide whether they would implement right-to-work laws.

However, no federal mandate forces every work state to become a right-to-work state. Instead, each state can choose its stance, which is why many states have adopted right-to-work laws while others haven’t.

This makes compliance especially tricky for companies that operate in multiple states, as the rules around union membership and dues can vary dramatically across different work state jurisdictions.

What Do Right-To-Work Laws Mean for Employers?

If you run a business, especially one that spans multiple states, right-to-work laws could impact how you manage labor relations, union negotiations, and employee agreements across different work state environments.

In a right-to-work state, you’re not required to enforce union membership or the payment of union dues. This can lead to more straightforward negotiations with unions, but it may also make collective bargaining more challenging if union resources are limited.

Here’s what to keep in mind as an employer:

No Mandatory Union Agreements: You won’t have to include union membership as a requirement for at-will employment.
Union Negotiations: You may find unions less influential in right-to-work states, but that doesn’t mean you won’t have to engage in collective bargaining. Labor relations can still be complex.
Compliance Matters: Right-to-work laws vary by work state, so understanding your legal obligations based on where you operate is key.

Managing compliance across different states is no small task, especially if your workforce is spread out. Tools like Mosey’s state compliance platform can simplify this process, helping you stay on top of the latest updates, payroll tax account registrations, and other essential requirements.

How Do Right-To-Work Laws Affect Union Power and Workers?

One effect of right-to-work laws is how they reshape the influence of unions in the workplace. In states without right-to-work laws, unions hold more power, as they can require workers to pay dues or fees, even if those workers are not full members.

This financial support fuels union operations, collective bargaining, and advocacy for improved wages, benefits, and working conditions. However, unions can face financial challenges in right-to-work states where workers have more freedom to opt out.

Without mandatory dues, unions often have fewer resources to negotiate contracts or maintain the same influence they might have in other work state environments. For workers, this means that while you gain the freedom to opt out of union dues, it could impact the level of representation and support your unions provide.

If you’re an employer in a right-to-work state, it’s essential to recognize this trade-off. While you may not be required to enforce union dues, you’ll still need to engage with unions for collective bargaining.

The difference? Unions in right-to-work states may need to adjust their strategies to maintain their bargaining power, which can influence how those negotiations play out.

Why Do Right-To-Work Laws Vary by State?

It might seem strange that some states embrace right-to-work laws while others do not. The reason often comes down to political and economic factors across different work state jurisdictions. States that have adopted right-to-work laws tend to view these regulations as a way to attract businesses, promote job growth, and increase employment opportunities.

The argument is that when union membership is optional, companies have more flexibility, which can lead to expanded business operations and higher employment rates.

Conversely, states without right-to-work laws often emphasize the importance of strong unions. They believe unions help ensure fair wages, safe working conditions, and comprehensive employee benefits.

In these states, union security agreements are seen as vital to maintaining workers’ rights and preventing companies from taking advantage of labor.

For employers and workers, the work state you operate in plays a big role in how right-to-work laws—or the lack of them—affect your daily work life. For businesses expanding into new regions, staying informed about how these differences can influence compliance, labor relations, and employee engagement is crucial.

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Right-To-Work Laws in Action: State-by-State Examples

Understanding how right-to-work laws actually function helps clarify their real-world impact on workers and employers. Let’s look at how these laws play out in three different states with varying approaches to union security and at-will employment.

Florida: Early Adopter of Right-To-Work Protections

Florida has been a right-to-work state since 1944, when voters approved a constitutional amendment—making it one of the earliest adopters of right-to-work protections.

Key features of Florida’s approach:

Constitutional protection makes the law extremely difficult to repeal
Applies broadly to private sector workers statewide, while public sector workers are also protected from mandatory union fees under federal constitutional law
Employers cannot require union membership or dues for at-will employment
Workers maintain complete freedom to choose union participation

For businesses operating in Florida, this means maximum flexibility in structuring labor agreements. For workers in Florida, you retain the right to choose union participation without risking your job.

North Carolina: Southern Right-To-Work Pioneer

North Carolina enacted its right-to-work law in 1947, becoming one of the first southern states to adopt such protections. The law prohibits agreements that make union membership or payment of union dues a condition of employment.

North Carolina’s right-to-work framework includes:

Protection for private sector workers throughout the state, with public sector workers also protected from mandatory union fees under federal constitutional law
Prohibition on compulsory union membership or financial support
Significant factor in attracting manufacturing and technology companies
Strong enforcement of worker freedom regarding union participation

For employers considering expansion into North Carolina, understanding these labor law requirements is essential for maintaining compliance across your work state operations.

Maryland: A Non-Right-To-Work State

Unlike neighboring Virginia, Maryland does not have a right-to-work law. This creates different obligations for employers and workers compared to nearby right-to-work states.

In Maryland, the landscape looks different:

Union security agreements can require workers to pay dues or fees as employment conditions
Employers may negotiate security clauses requiring financial support from workers
Workers cannot be forced into full union membership but may pay agency fees
Labor law environment differs significantly from neighboring states like Virginia and West Virginia

For multi-state employers with operations in both Maryland and right-to-work states, tracking these varying requirements across different work state jurisdictions is essential for compliance. New Mexico operates similarly to Maryland as a non-right-to-work state in the Southwest region.

What Does Right-To-Work Mean for Employees and At-Will Employment?

For workers, right-to-work laws mean you have a choice. Whether you want to join a union is entirely up to you, and your job won’t be on the line based on that decision regarding at-will employment.

This freedom can be empowering, but it also comes with trade-offs. In right-to-work states, unions often have fewer resources because they can’t collect mandatory dues from all workers. This can lead to weaker collective bargaining agreements, affecting wages, benefits, and working conditions.

For workers, the pros and cons of right-to-work laws depend on your industry, the strength of unions in your area, and what you prioritize in your workplace. Understanding how right-to-work affects at-will employment in your specific work state is crucial.

Mosey Can Make Sure You’re Compliant Across All Work States

As labor laws continue to evolve, understanding right-to-work is more important than ever. These laws shape the relationship between workers, unions, and employers and play a critical role in how businesses manage labor relations across many states.

As an employer, staying compliant with state-level right-to-work laws means keeping an eye on how these regulations impact your operations in each work state. Compliance automation with tools like Mosey can make a difference, ensuring you’re always up-to-date with the latest obligations across different regions.

Keeping your workers knowledgeable about their rights under right-to-work laws empowers them to make informed choices about union participation. Whether they decide to join a union or opt out, you should make sure they recognize how these laws impact their job security and benefits.

Mosey can provide the tools, knowledge, and resources you need to manage your team effectively across many states. To learn more about our compliance platform, schedule a free Mosey consultation today.

FAQ: Right to Work States

What makes a state a right-to-work state?

A state becomes a right-to-work state when it passes legislation prohibiting union security agreements that require workers to join a union or pay union fees as a condition of employment. These laws give workers the freedom to choose whether to participate in unions without risking their jobs. As of 2026, 26 states have enacted right-to-work laws protecting this worker freedom.

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

Right-to-work and at-will employment are completely different concepts. Right-to-work states prohibit mandatory union membership or dues as a condition of employment. At-will employment means either the employer or employee can terminate the employment relationship at any time for any legal reason. A state can be both a right-to-work state and an at-will employment state—these are separate legal frameworks.

How many states have right-to-work protections?

As of 2026, 26 states have right-to-work protections in place. This number decreased from 27 when Michigan repealed its right-to-work law in February 2024, becoming the first state to reverse such legislation in nearly 60 years. The remaining right-to-work states span various regions across the country.

Is a right-to-work state a good thing for employers?

Whether a right-to-work state benefits employers depends on your business goals. Right-to-work states offer more flexibility in labor agreements and may attract businesses seeking lower union density. However, some employers value strong union partnerships for workforce stability. Understanding how right-to-work laws impact your specific industry and at-will employment practices across different work state environments is essential.

Who is covered under right-to-work laws?

Right-to-work laws typically cover private sector workers in states where such legislation exists. Public sector workers are protected differently—the 2018 Supreme Court decision in Janus v. AFSCME established that public sector workers nationwide cannot be forced to pay union dues. In right-to-work states, private sector workers are protected from mandatory union membership or dues, while public sector workers nationwide are protected from mandatory union fees under federal constitutional law.

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