California Right to Work Law: What Employers Need to Know (and What It Is Not)
If you’re searching for “california right to work law” or “right to work California,” you’re likely trying to confirm whether employees can be required to join (or pay) a union—and what your business must do to stay compliant. Here’s the direct answer: California is not a right-to-work state. In California, union-security agreements may be lawful in many workplaces, meaning employees in a represented bargaining unit can often be required to pay certain union-related fees (with important limits).
This guide explains what “right to work” means, how California law actually works, and what HR teams and business owners should implement to avoid common compliance mistakes.
What “Right to Work” Means (in Plain English)
Right-to-work laws generally prohibit mandatory union payments
In right-to-work states, employees generally cannot be required to:
- Join a union, or
- Pay union dues/fees as a condition of employment
Right-to-work rules are set primarily at the state level (authorized under Section 14(b) of the Taft-Hartley amendments to the National Labor Relations Act).
California is not right to work
Because California does not have a state right-to-work law, workplaces covered by federal labor law may lawfully operate under certain union-security clauses negotiated in collective bargaining agreements (CBAs)—subject to federal and state limitations.
For broader context on California workplace compliance beyond union issues, see SwiftSDS’s guide to california employment laws.
Is California a Right-to-Work State?
No—California generally allows union-security agreements (with limits)
In much of the private sector, the controlling federal statute is the National Labor Relations Act (NLRA). Under the NLRA, a CBA may include a union-security clause requiring employees in the bargaining unit to pay dues or fees related to representation.
However, employers must also respect employees’ rights and limits on what can be required—especially around objections to paying for non-representational union activity.
Important exception: Public sector rules differ after Janus
For public-sector employees (state/local government), the U.S. Supreme Court decision Janus v. AFSCME (2018) prohibits requiring nonmembers to pay agency fees. Public-sector employers must be careful not to deduct union fees without valid affirmative authorization, consistent with applicable rules.
How Union Dues and “Agency Fees” Work in California
Private sector (most employers): NLRA governs
If your business is a private employer covered by the NLRA, a union-security clause may require bargaining-unit employees to pay a financial core amount related to collective bargaining/representation. But employees may have rights to object to paying for non-representational expenses (often handled through union procedures under federal law).
Actionable compliance step: If you are presented with a CBA that includes a union-security clause, coordinate with labor counsel to ensure:
- Payroll deductions match the agreement and legal limits
- Deduction authorizations are properly documented
- Processes exist for objections or changes required by law
Public sector: no mandatory agency fees
Public employers in California must ensure deductions are consistent with Janus requirements. Do not assume private-sector rules apply.
What Employers Must Do (Compliance Checklist)
1) Don’t confuse “right to work” with “at-will employment”
A common compliance error is mixing up concepts:
- Right to work = union dues/fees cannot be mandatory (in right-to-work states)
- At-will employment = either party can end employment at any time, with lawful exceptions
California is broadly an at-will employment state (with many statutory and common-law exceptions), but that is separate from whether union fees can be required.
2) Ensure postings and wage-hour notices are up to date
Even though California-specific “right to work” posters aren’t a typical requirement, employers still must maintain required workplace notices—especially federal wage-hour postings that apply nationwide.
Include the required federal FLSA notice in your posting set, such as:
- Employee Rights Under the Fair Labor Standards Act (U.S. Department of Labor)
If you employ Spanish-speaking workers, also consider:
For a deeper understanding of wage-and-hour compliance in California (including how fast rules can change), review california 50 dollar minimum wage (a helpful explainer for trending wage topics and policy discussions).
3) Train managers to avoid retaliation and coercion
Union-related activity triggers protections under the NLRA. Employers should train supervisors not to:
- Threaten employees over union support
- Promise benefits to discourage union activity
- Interrogate employees about protected concerted activity
For a broader overview of baseline employee protections across jurisdictions, SwiftSDS also covers federal worker protections in 5 rights of workers and the broader employment legislation list.
4) Maintain strong anti-discrimination and harassment compliance
Union issues often intersect with complaints, investigations, and discipline. California’s anti-discrimination framework is robust, and retaliation claims frequently arise alongside labor disputes.
Tie your labor-relations practices to your equal employment opportunity policies by reviewing anti discrimination laws in california.
Common Scenarios HR Teams Ask About
“Can we require employees to join a union in California?”
Typically, no—employees generally cannot be forced to become union members. But depending on the CBA and federal law, employees in the bargaining unit may be required to pay certain fees/dues related to representation (private sector), unless restricted by other governing rules (especially in the public sector post-Janus).
“Can we terminate an employee who refuses to pay union dues?”
In a private-sector unionized workplace, the answer can be “sometimes,” but only if:
- A valid union-security clause exists
- The union has followed required procedures
- The dues/fees demanded are lawful
- The employer follows the contract and avoids discrimination/retaliation
Because these cases are fact-specific and high-risk, employers should coordinate closely with labor counsel and ensure payroll practices are precise.
“Does this affect multi-state employers?”
Yes. If you operate in multiple states, you may have a mix of:
- Right-to-work states (no mandatory union payments)
- Non-right-to-work states like California (union-security clauses may be permitted)
SwiftSDS maintains state-by-state compliance explainers—if you’re comparing obligations, you may also look at other state law topics like alabama minimum wage or arizona sick leave law to understand how quickly requirements can diverge by jurisdiction.
Practical Takeaways for California Employers
- California is not right to work. Don’t rely on “right-to-work” assumptions when operating in the state.
- In the private sector, union-security clauses may be lawful under the NLRA, with limits and procedures.
- In the public sector, Janus changes what can be deducted or required from nonmembers.
- Keep workplace postings current, including federal wage-hour notices like the FLSA poster.
- Build manager training around NLRA protections and align labor relations with California’s strong anti-retaliation environment.
FAQ: California Right to Work Law
Is California a right-to-work state?
No. Right to work California searches often reflect a misconception—California generally permits union-security agreements in many private-sector workplaces, subject to federal law limits.
What law governs union-security clauses in California?
For most private employers, the primary framework is the National Labor Relations Act (NLRA) (as amended by Taft-Hartley). Public-sector rules differ and are affected by Janus v. AFSCME (2018).
Do we need a “right to work” poster in California?
Typically, no. California doesn’t have a right-to-work statute requiring a dedicated poster. However, employers still must post required notices, including federal wage-hour notices like the Employee Rights Under the FLSA.
SwiftSDS helps employers stay compliant with evolving workplace posting and labor law requirements. For a broader compliance foundation, start with our overview of california employment laws.