Is California a “Right-to-Work” State? Top Labor Lawyer Explains

Employment law attorney Neil Shouse of Shouse California Law Group explains whether California is a "right to work" state and what that means for your employment.

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Is California a Right to Work State? Union Laws and Employment Rights Explained

A common question we receive is whether California is classified as a "right to work" state. The answer is a definitive no. In states that have specific "right to work" laws, such as Texas or Nevada, it is unlawful for employers to force employees to join a union or pay dues just to keep their jobs. However, in California, private employers are legally permitted to require you to join a union or pay dues as a condition of getting hired or maintaining your position. If you refuse to pay these dues, you can be fired or denied a job. California voters have consistently upheld this system, rejecting multiple attempts to change the law dating back to 1998.

There is, however, a major exception regarding government workers. In 2018, the Supreme Court ruled that public sector employers, like state or city governments, cannot force you to pay union fees because doing so violates your First Amendment free speech rights. This ruling created a distinct separation between the obligations of private sector employees and the rights of public sector workers regarding union financial support.

Finally, it is vital that workers do not confuse "right to work" with "at-will employment." These are totally different concepts. "Right to work" refers strictly to mandatory union membership. "At-will employment" means your boss can fire you at any time for any legal reason. If you have questions about your labor rights or feel you have been treated illegally, contact us for a free consultation at (877) SUE-MY-BOSS.

If you or a loved one has had your rights violated by an employer we invite you to contact us at Shouse Law Group. We can provide a free consultation in office or by phone. We have local offices in Los Angeles, the San Fernando Valley, Pasadena, Long Beach, Orange County, Ventura, San Bernardino, Rancho Cucamonga, Riverside, San Diego, Sacramento, Oakland, San Francisco, San Jose and throughout California.