Right to Work Laws in Wisconsin (2026): Your Complete Employee Guide

Most Wisconsin workers don’t realize they can’t be forced to join a union. Seriously. Since 2015, the state has had strict right to work protections. Whether you’re starting a new job or dealing with union pressure, here’s what you need to know.

Wisconsin became the 25th state to pass right to work legislation back in March 2015. The law changed how unions and employers can operate across the state.

What Is Right to Work?

Right to work means simple freedom of choice. You can decide whether to join a union at your workplace. You also choose whether to pay union dues or fees.

Before this law passed, many Wisconsin workers faced mandatory union membership. If a workplace was unionized, you had to join. You also had to pay monthly dues, even if you didn’t want union representation. That changed in 2015.

The law applies to private sector workers across Wisconsin. Public employees have different rules under separate state laws.

Basic Right to Work Protections

You Cannot Be Forced to Join

Your employer cannot require union membership as a job condition. They can’t make you join to get hired. They also can’t fire you for refusing to join.

This protection covers all private sector jobs in Wisconsin. Manufacturing, retail, healthcare, construction. Basically every industry.

No Mandatory Union Dues

Wondering if you still have to pay fees? Nope. Under Wisconsin law, you cannot be required to pay union dues, fees, assessments, or any charges to a labor organization.

Some workers worry about “fair share” payments. These were fees that non-union members paid to cover representation costs. Right to work eliminated those too. You don’t owe anything if you choose not to join.

Your Employment Rights

Here’s what you can do freely:

You can refuse to join a union. You can resign from a union you previously joined. You can stop paying dues at any time. You can still work at unionized companies without membership.

Sound straightforward? It is. But many workers still face pressure or confusion about their rights.

How the Law Actually Works

The statute lives in Wisconsin Statute 111.04. It prohibits any person from requiring union membership or payments as an employment condition.

Hold on, this part is important. The law makes it a crime to violate these protections. Not just a civil issue. An actual misdemeanor.

Who the Law Applies To

Private sector employees get full protection. This includes almost everyone working for non-government employers in Wisconsin.

Public sector workers have different rules. Police and firefighters were exempt from certain union restrictions even before right to work passed. Other public employees face separate regulations under different state laws.

What Employers Cannot Do

Your boss cannot require you to join a union before hiring you. They can’t put union membership in job requirements. They also can’t fire you, demote you, or punish you for refusing membership.

Employers also cannot force you to pay money to unions. This includes regular dues, initiation fees, or special assessments. Any employment contract requiring these payments is void and unenforceable.

What Unions Cannot Do

Labor organizations face strict limits too. They cannot require employers to hire only union members. They can’t demand that employment contracts include mandatory dues provisions.

Unions must still represent all employees in a bargaining unit fairly. Whether you pay dues or not. That’s federal law. But in Wisconsin, they cannot require payment for that representation.

Penalties and Consequences

Violations carry serious consequences. Honestly, this is where the law gets tough.

Criminal Penalties

Any person who violates the right to work law commits a Class A misdemeanor. That means potential jail time up to nine months. They also face fines up to $10,000.

Think of it like a serious traffic violation, but way more severe. The state takes these protections seriously.

Who Can Face Charges

Both employers and union officials can be charged. If a boss requires union membership, they’re breaking the law. If a union pressures an employer to fire non-members, that’s also illegal.

Individual union representatives can face personal liability. It’s not just the organization that gets penalized.

Employment Contract Provisions

Here’s where things get interesting. Any contract provision requiring union membership is automatically void. Doesn’t matter if both sides agreed. The law prohibits it completely.

This applies to collective bargaining agreements signed after March 2015. Older contracts had to remove these provisions when renewed.

How Right to Work Started in Wisconsin

Governor Scott Walker signed the law on March 9, 2015. It took effect immediately for new contracts.

Existing union contracts continued until renewal. Then the new rules kicked in. This gave everyone time to adjust.

Legal Challenges

Unions challenged the law in court immediately. They argued it violated the Wisconsin Constitution. Specifically, they claimed it was an unconstitutional taking of union property.

Here’s what happened next. A Dane County judge initially ruled the law unconstitutional in 2016. Judge William Foust agreed with the unions. But wait, it gets better.

The Wisconsin Court of Appeals reversed that decision in September 2017. They said the law was constitutional. Federal courts also upheld the law that same year.

The challenges went through both state and federal court systems. Both upheld Wisconsin’s right to work law. It remains in full effect today.

Your Rights as a Wisconsin Employee

You’re not alone if this seems complicated. Most people don’t realize how strict these protections are.

Joining a Union Voluntarily

You can still join a union if you want. Right to work doesn’t ban unions. It just makes membership voluntary.

Many workers choose to join and pay dues. That’s totally legal and protected. The law just says it’s your choice.

Collective Bargaining Coverage

Not sure what counts as coverage? Let me break it down. If your workplace has a union, they negotiate contracts that cover all workers in the bargaining unit. Members and non-members alike.

You get the same wages and benefits whether you join or not. The union must represent everyone fairly. But you decide whether to pay for that representation.

Changing Your Mind

You can join a union later if you initially declined. You can also quit a union you previously joined.

Some unions make members wait until certain times to resign. Like during a specific window each year. But Wisconsin law protects your basic right to leave.

What About Union Dues Deductions

Employers can still deduct union dues from paychecks. But only with your written permission.

You must sign an authorization form. This gives the employer permission to withhold dues. You can revoke this authorization later, though the timing rules can be tricky.

Revoking Dues Authorization

Okay, pause. Read this carefully. Federal courts have said some parts of Wisconsin’s dues revocation rules conflict with federal labor law.

The original Wisconsin law said you could stop dues deductions with 30 days notice. But federal courts ruled that provision was preempted by federal law. So the collective bargaining agreement controls when you can stop deductions.

Check your workplace contract for specific timing rules. Most allow revocation during certain windows.

Special Situations and Exceptions

Some workers face unique circumstances. Here’s what applies to different groups.

Public Safety Employees

Police officers and firefighters were always treated differently. They remained exempt from certain union restrictions even under Act 10, Wisconsin’s 2011 public employee law.

Right to work mainly affects private sector workers. Public safety unions operate under separate rules.

Construction Workers

The construction industry sees lots of union activity. Right to work applies fully here. You cannot be required to join a construction union to work on any job in Wisconsin.

Some workers assume big projects require union membership. Not true. Your choice remains protected.

Healthcare Workers

Hospitals, nursing homes, and clinics all fall under right to work protections. Healthcare employers cannot require union membership.

Recent labor shortages haven’t changed these rules. The law still applies regardless of workforce conditions.

How to Handle Union Pressure

Trust me, this works. If you face pressure to join a union, know your legal rights.

What to Do If Pressured

Document everything. Write down what was said, who said it, and when. Keep copies of any written materials or communications.

You can file a complaint with the Wisconsin Employment Relations Commission. They handle unfair labor practice charges. Federal complaints go to the National Labor Relations Board.

Retaliation Protection

Your employer cannot punish you for refusing to join a union. This includes firing, demotion, reduced hours, or hostile treatment.

If you face retaliation, you may have legal claims under both state and federal law. Many workers don’t realize they have multiple protections.

Getting Help

Contact the Wisconsin Department of Workforce Development if you’re unsure. They provide information about worker rights. You can also reach out to employment lawyers who handle labor cases.

Don’t worry, we’ll break down where to get help in the next section.

Filing a Complaint

Here’s how the process actually works if someone violates your rights.

Wisconsin Employment Relations Commission

The WERC handles private sector labor disputes. You can file unfair labor practice charges there. They investigate and hold hearings if needed.

The process is pretty formal. You’ll need to document the violation clearly. Include dates, names, and specific facts about what happened.

National Labor Relations Board

Federal complaints go to the NLRB. They have jurisdiction over many labor issues too. Sometimes you can file with both agencies.

The NLRB has a Milwaukee office that serves Wisconsin. You can file charges online or in person.

Time Limits

Act quickly if you plan to file. Most labor law claims have short deadlines. Some require filing within six months of the violation.

Missing the deadline can kill your case completely. So don’t wait around thinking about it.

Comparing Wisconsin to Other States

Wisconsin joined 24 other states with right to work laws in 2015. The number has grown to 28 states now.

Neighboring states have different rules. Illinois does not have right to work. Michigan does. Minnesota doesn’t. Iowa went back and forth.

The laws affect worker wages, union membership, and workplace dynamics differently in each state. Economists and policy experts debate the overall impact constantly.

Recent Developments and Changes

Personally, I think this law will stick around. It’s survived every legal challenge so far.

In 2025, some Wisconsin legislators introduced Assembly Bill 470. This would actually repeal the right to work law. It would allow unions to negotiate mandatory membership agreements again.

Will it pass? Probably not. The Republican-controlled legislature opposes it. But it shows the debate continues.

Union Membership Trends

Wisconsin has seen declining union membership since right to work passed. The state had one of the largest drops in union density nationwide between 2000 and 2022.

Whether that’s good or bad depends on your perspective. Business groups support the trend. Labor advocates oppose it.

Workplace Impact

Some employers report more flexibility in hiring. They don’t need to worry about union membership requirements. Workers appreciate having choice.

Others argue the law weakens worker bargaining power. Lower union membership means less collective leverage. Wages and benefits may suffer.

Honestly, the data shows mixed results. Some studies find wage decreases. Others show economic benefits. It depends heavily on the industry and region.

Frequently Asked Questions

Can my employer fire me for not joining a union in Wisconsin? No. Wisconsin law explicitly prohibits termination based on union membership decisions. Firing you for refusing to join would be a Class A misdemeanor, punishable by fines up to $10,000 and potential jail time.

Do I have to pay union dues if I work at a unionized company? No. Right to work means you choose whether to pay dues. The union must still represent you fairly in collective bargaining, but you decide if you want to financially support them.

Can a union refuse to represent me if I don’t pay dues? No. Federal law requires unions to represent all employees in a bargaining unit fairly, regardless of membership status. This is called the duty of fair representation.

What happens if my employment contract says I must join the union? Any contract provision requiring union membership as an employment condition is void and unenforceable under Wisconsin law. It doesn’t matter if you signed it.

Are public employees covered by right to work in Wisconsin? It’s complicated. The main right to work law applies to private sector workers. Public employees have different rules under separate statutes. Police and firefighters have additional protections.

Can I join a union even with right to work? Absolutely. Right to work makes membership voluntary, not illegal. You can join, pay dues, and participate in union activities if you choose.

How do I report a right to work violation? File a complaint with the Wisconsin Employment Relations Commission for state law violations. You can also contact the National Labor Relations Board for federal labor law issues.

Does right to work affect my wages or benefits? Your wages and benefits come from the collective bargaining agreement if your workplace is unionized. These apply equally to members and non-members. Right to work just affects whether you must pay to support the union.

Final Thoughts

Now you know the basics about Wisconsin’s right to work law. The key point is simple: you choose whether to join a union and pay dues. Your employer and unions cannot force you.

These protections have been tested in court repeatedly. They’ve held up every time. The law remains strong and enforceable in 2026.

Stay informed about your workplace rights. If you face pressure or violations, you have options. Document everything and seek help when needed. And when in doubt, contact the Wisconsin Department of Workforce Development or consult with an employment attorney.

Your rights as a worker matter. Don’t be afraid to stand up for them.

References

1. Wisconsin Statute 111.04 – Employee Rights in Employment Relations https://docs.legis.wisconsin.gov/statutes/statutes/111/I/04
2. Wisconsin Department of Workforce Development – Labor Standards https://dwd.wisconsin.gov/er/
3. Wisconsin Employment Relations Commission https://werc.wi.gov/
4. Machinists Local Lodge 1061 v. Walker, 2017 WI App 66 (Wisconsin Court of Appeals ruling upholding right to work law) https://www.wicourts.gov/ca/opinion/DisplayDocument.pdf?content=pdf&seqNo=197858
5. National Labor Relations Board – Milwaukee Office https://www.nlrb.gov/region/milwaukee