Can I Legally Opt-Out or Refuse To Pay Union Dues?

Employees can opt out of union membership at any time. Employees can also, in many circumstances, legally opt out of paying union dues or pay a reduced amount. Key determining factors are whether you live in a right-to-work state and the reason why you don’t want to pay dues.

After decades of declining union membership, the Bureau of Labor Statistics’ latest report shows that about 14 million workers in the United States are union members. Many unions strive to improve members’ working conditions, pay, and benefits through collective bargaining agreements.

However, despite the potential benefits of union membership, some employees prefer not to join or pay union fees.

This article will help you understand the law regarding union membership and paying dues. If you have questions about your rights as an employee or think legal action may be needed, consider contacting a wage and hour lawyer as soon as possible. Experienced attorneys can help you understand your state’s employment laws, assess your situation, and bring any claims in a timely fashion.

Requirements To Join a Union vs. Paying Union Dues for Private Sector Employees

When it comes to union requirements for getting employed or keeping a job, there are two distinct questions:

1. Do I Have To Join a Union?

The National Labor Relations Act (NLRA) is a federal law that, among other things, guarantees employees’ right to form unions and engage in collective bargaining. However, the NLRA does not require employees to join a union.

Workers have the right to refuse to join a union and can resign from a union at any time, including during a strike, as the U.S. Supreme Court held in Pattern Makers League v. NLRB (1985). Some collective bargaining agreements require employers to only hire union members for specific jobs. Still, as a general matter, you cannot be forced to join a union to get or keep a job.

“Workers can, at any time, resign from their membership in a union,” says Denver-based employment and labor law attorney Mathew Shechter. “No one has to be a member of a union. Whether or not you have to pay dues to a union is a separate question, and that question is governed in part by state law.”

2. Do I Have To Pay Union Dues?

In some cases, contracts called union security agreements require employees who opt out of union membership to pay dues. The rationale is that unions must represent all employees, whether they’re union members or not.

However, if only members paid fees, many employees might choose not to join and get the benefits of union representation without paying their fair share. This could put a significant strain on the unions’ resources. A solution to this problem is to require non-members to pay agency fees that help cover the cost of union activities. This is what union security agreements do.

The NLRA allows unions and employers to enter into union security agreements. At the same time, the NLRA also allows states to prohibit security agreements. “Section 14b of the NLRA provides that states are free to pass laws that forbid union security clauses, or at least their enforcement,” Shechter says.

Twenty-six states have prohibited union security agreements through right-to-work laws. These laws prohibit unions from requiring non-members to pay dues. So, if you live in a right-to-work state, you cannot be required to pay fees to a union as a condition of employment.

Opt-Out of Union Dues by State

State	Mandatory Union Dues or Opt-Out for Private Sector Jobs	State Statute
Alabama	Can opt-out (right-to-work state)	Ala. Code § 25-7-30
Alaska	Mandatory union dues allowed	No statutory prohibition
Arizona	Can opt-out (right-to-work state)	Ariz. Rev. Stat. § 23-1301
Arkansas	Can opt-out (right-to-work state)	Ark. Code Ann. § 11-3-301
California	Mandatory union dues allowed	No statutory prohibition
Colorado	Mandatory union dues allowed (conditioned on 75% vote)	Colo. Rev. Stat. § 8-3-108
Connecticut	Mandatory union dues allowed	No statutory prohibition
Delaware	Mandatory union dues allowed	No statutory prohibition
Florida	Can opt-out (right-to-work state)	Fla. Stat. Ann. § 447.03
Georgia	Can opt-out (right-to-work state)	Ga. Code Ann. § 34-6-20
Hawaii	Mandatory union dues allowed	Hawaii Rev. Stat. § 377-6
Idaho	Can opt-out (right-to-work state)	Idaho Code § 44-2001
Illinois	Mandatory union dues allowed	Ill. Const. Art. I, § 25
Indiana	Can opt-out (right-to-work state)	Ind. Code § 22-6-6-1
Iowa	Can opt-out (right-to-work state)	Iowa Code § 731.1
Kansas	Can opt-out (right-to-work state)	Kan. Stat. Ann. § 44-831
Kentucky	Can opt-out (right-to-work state)	Ky. Rev. Stat. Ann. § 336.130
Louisiana	Can opt-out (right-to-work state)	La. Rev. Stat. Ann. § 23:981
Maine	Mandatory union dues allowed	No statutory prohibition
Maryland	Mandatory union dues allowed	No statutory prohibition
Massachusetts	Mandatory union dues allowed	Mass. Gen. Laws Ch. 150A, § 4
Michigan	Mandatory union dues allowed	Mich. Comp. Laws § 423.14 (2024)
Minnesota	Mandatory union dues allowed	No statutory prohibition
Mississippi	Can opt-out (right-to-work state)	Miss. Code Ann. § 71-1-47
Missouri	Mandatory union dues allowed	No statutory prohibition
Montana	Mandatory union dues allowed	No statutory prohibition
Nebraska	Can opt-out (right-to-work state)	Neb. Rev. Stat. § 48-217
Nevada	Can opt-out (right-to-work state)	Nev. Rev. Stat. § 613.250
New Hampshire	Mandatory union dues allowed	No statutory prohibition
New Jersey	Mandatory union dues allowed	No statutory prohibition
New Mexico	Mandatory union dues allowed	No statutory prohibition
New York	Mandatory union dues allowed	No statutory prohibition
North Carolina	Can opt-out (right-to-work state)	N.C. Gen. Stat. § 95-78
North Dakota	Can opt-out (right-to-work state)	N.D. Cent. Code § 34-01-14
Ohio	Mandatory union dues allowed	No statutory prohibition
Oklahoma	Can opt-out (right-to-work state)	Okla. Const. Art. XXIII, § 1A
Oregon	Mandatory union dues allowed	No statutory prohibition
Pennsylvania	Mandatory union dues allowed	43 Pa. Stat. Ann. § 211.6
Rhode Island	Mandatory union dues allowed	R.I. Gen. Laws § 28-7-2
South Carolina	Can opt-out (right-to-work state)	S.C. Code Ann. § 41-7-10
South Dakota	Can opt-out (right-to-work state)	S.D. Codified Laws § 60-8-3
Tennessee	Can opt-out (right-to-work state)	Tenn. Code Ann. § 50-1-201
Texas	Can opt-out (right-to-work state)	Tex. Lab. Code Ann. § 101.301
Utah	Can opt-out (right-to-work state)	Utah Code Ann. § 34-34-1
Vermont	Mandatory union dues allowed	Vt. Stat. Ann. Tit. 21, § 1501
Virginia	Can opt-out (right-to-work state)	Va. Code Ann. § 40.1-58
Washington	Mandatory union dues allowed	No statutory prohibition
Washington, D.C.	Mandatory union dues allowed	No statutory prohibition
West Virginia	Can opt-out (right-to-work state)	W. Va. Code § 21-1A-4
Wisconsin	Can opt-out (right-to-work state)	Wis. Stat. § 111.04(3)
Wyoming	Can opt-out (right-to-work state)	Wyo. Stat. Ann. § 27-7-109

Paying Dues in States With No Right to Work Laws

If you work in a state that doesn’t prohibit union security contracts, you may be required to pay union fees even if you aren’t a member. However, even if you are required to pay fees, you may be able to object to some of them and reduce the amount.

“Generally, for private-sector employees in states where union security clauses are enforceable, workers have three options,” Shechter says:

• They can pay regular dues and be a full member
• They can pay an agency fee, which is typically the same amount as full dues, but doesn’t give the rights and benefits of membership
• They can be a reduced-fee payer, which deducts non-representational expenses such as political or charitable activities

Common Reasons Why Employees Choose Not To Join a Union

Why might someone not want to pay certain union dues?

1. Political Reasons

One reason could be for political purposes. In addition to collective bargaining to improve pay or working conditions, unions may also support political causes that some employees don’t want to back.

In Communication Workers v. Beck (1988), the U.S. Supreme Court ruled that unions cannot require employees to pay dues for activities that are unrelated to collective bargaining and that the employees object to. The Court said requiring employees to pay dues despite their objections would violate employees’ First Amendment rights to freedom of speech and association.

2. Religious Reasons

In addition to free speech concerns, employees may object to paying dues because of their sincerely held religious beliefs. Title VII of the Civil Rights Act prohibits employers from discriminating against individuals on the basis of religion in hiring, firing, and other terms and conditions of employment. Employers must also reasonably accommodate employees’ religious practices.

If an employee objects to the use of union dues on religious grounds, they can’t be forced to pay. Many states allow employees to give to a charitable organization of their choice instead of paying the union dues.

How Do You Opt Out of Dues?

If you decide to opt out of certain dues, how do you do it? “Generally, employers are required to notify their employees of their right to resign,” Shechter says.

“Often, there will be instructions on exactly how to do it. But generally, workers can do so in any format that puts the union on notice of the member’s intention to resign and election of one of the [dues-paying] options.”

Union Dues and Public Employees

Can people who work for public employers, such as state governments, opt out of union dues? In its 2018 ruling, Janus v. AFSCME, the U.S. Supreme Court held that requiring public-sector union members to pay union fees violated the First Amendment.

Before the Janus decision, government employees in some states were required to pay fees to help cover collective bargaining costs, even if they were not union members. The situation was like that of private-sector employees in states with enforceable union security contracts. After the Janus ruling, public-sector unions cannot require government workers to pay any fee unless the employee voluntarily opts in.

“Public sector employees are not required to pay any amount,” Shechter says, summarizing the Janus ruling. “They can be what’s known as a free rider, meaning they enjoy the benefits of being protected under a union collective bargaining agreement, but they get to do so for free.”

This free rider problem is “a significant economic strain on unions,” Shechter adds. “Ultimately, at the end of the day, unions still have to negotiate a collective bargaining agreement, still have to file and process grievances, and in most cases have to arbitrate or take matters to hearings, but it’s not getting any income from that individual.”

Weighing the Pros and Cons of Joining a Union

“The one thing employees want to consider when they’re thinking about whether to unionize their workplace is the true benefits of membership in those unions,” Shechter says.

“In the private sector, virtually the only place where you enjoy protection from arbitrary termination of employment is in unionized workplaces. That’s a very valuable but often overlooked benefit. Most people say, ‘I’m not going to get fired; it’s not going to be me.’ But in an at-will employment setting, someone can be terminated for any reason or no reason at all. So the benefit that unions afford, often in addition to better pay and benefits, is protection from arbitrary termination.”

Find Experienced Legal Help

If an employer or union has told you that you must join or pay dues to a union, consider contacting an employment law attorney to discuss your employee rights.