{"id":1681,"date":"2018-02-17T00:21:23","date_gmt":"2018-02-17T00:21:23","guid":{"rendered":"https:\/\/www.jacksonwhitelaw.com\/az-labor-employment-law\/?page_id=1681"},"modified":"2024-08-03T16:57:25","modified_gmt":"2024-08-03T16:57:25","slug":"right-to-work-laws","status":"publish","type":"post","link":"https:\/\/www.jacksonwhitelaw.com\/az-labor-employment-law\/blog\/right-to-work-laws\/","title":{"rendered":"Arizona Right to Work Laws"},"content":{"rendered":"

Introduction<\/h2>\n

Unions, organized labor, and employment issues are a hot topic right now in American politics. Issues such as the minimum wage and right to work laws have been at the forefront of the public debate, especially since the recession in 2009 triggered massive layoffs and pay-cuts that continue to affect the economy almost 10 years later.<\/p>\n

Regardless of your political views on the matter, it\u2019s important to understand the applicable employment laws in your state and how they can affect you as a worker.<\/p>\n

What are Right to Work Laws?<\/h2>\n

Right to work laws prohibit employers from using union membership as a condition of employment. That means a job applicant can\u2019t be denied a position because they aren\u2019t a union member, and an employee can\u2019t be terminated because they refuse to join a union. Some right to work laws also include the additional stipulation that non-union employees can\u2019t be required to pay union dues, even if the efforts of the union\u2019s collective bargaining benefit the non-union employee.<\/p>\n

Arizona Right to Work Laws for Private Employers<\/h2>\n

Arizona is a \u201cright to work state.\u201d Non-government employers can\u2019t deny someone a job on the grounds that they aren\u2019t with a local labor organization<\/a>, and they can\u2019t fire an employee based on their union membership status (ARS 23-1302<\/a>). Employees in Arizona have the right to join unions, but unions cannot demand membership dues from employees who are not members of the union.<\/p>\n

Arizona Right to Work Laws for Public Employers<\/h2>\n

Employees of state and local government agencies in Arizona are covered by the same right to work laws as private employees. They have the right to join a union but they are not required to, and they cannot be discriminated against based on union membership or dues. State and local government employees also cannot be required to pay non-union dues or fees.<\/p>\n

Federal Right to Work Laws<\/h2>\n

All federal employees\u2014including postal workers\u2014are guaranteed the right to accept or decline union membership without fear of repercussions in the workplace. As with Arizona state and local government employees, federal employees cannot be required to pay union dues or fees. Note that these laws apply to all federal employees, regardless of where the federal agency office is located. That means government employees who work for a federal agency in a state without right to work laws are still protected.<\/p>\n

Are There any Businesses that are Exempt from Right to Work Laws?<\/h2>\n

Airlines and railroad companies are not protected by a state\u2019s right to work laws.<\/p>\n

Which States have Right to Work Laws?<\/h2>\n

In addition to Arizona, the following states have right to work laws: Alabama, Arkansas, Florida, Georgia, Idaho, Indiana, Iowa, Kansas, Kentucky, Louisiana, Michigan, Mississippi, Missouri, Nebraska, Nevada, North Carolina, North Dakota, Oklahoma, South Carolina, South Dakota, Tennessee, Texas, Utah, Virginia, West Virginia, Wisconsin, and Wyoming.<\/p>\n

Right to work vs. at-will employment<\/h2>\n

At-will employment is often confused with right to work laws. Where right to work laws deal with organized labor, at-will employment refers to a voluntary employer-employee relationship where either party can terminate the relationship at any time. On the employee side, that means an employee who is not under contract with their employer can quit when they please, and there\u2019s no requirement to give any advance notice to the employer (e.g. 2 weeks-notice). Similarly, employers who are not under contract with an employee can terminate at any time without advance notice.<\/p>\n

That said, there are a few exceptions that protect the rights of employees against unlawful termination. An employer cannot terminate an employee in retaliation for participating in a protected activity, nor can they terminate someone due to discrimination against race, color, religion, national origin, gender, age (over 40), pregnancy, or disability.<\/p>\n

Arizona also operates under the \u201cgood faith exemption,\u201d meaning businesses should have just cause for terminating an employee, regardless of whether or not the company\u2019s employee handbook or employment contracts require just cause for termination.<\/p>\n

What Other Rights of Employees are Protected by State and Federal Law?<\/h2>\n

Besides the right to work, there are 5 core employee-rights that are protected by law:<\/p>\n