The Taft-Hartley Act (1947) authorizes states to enact right-to-work (RTW) laws prohibiting "union security" agreements that require membership or fee payment as a condition of employment. As of 2024, 27 states have RTW laws.
Janus v. AFSCME (2018) extended RTW principles to public-sector unions nationwide, holding that mandatory agency fees for non-members violate the First Amendment.
Defenders argue RTW protects workers' freedom not to fund union activity they disagree with. Critics argue RTW creates "free rider" problems where workers benefit from collective bargaining without contributing, weakening unions and lowering wages.