Editor's note: This piece was co-authored by Alan Jernigan.
Ten years ago, a civil servant in Illinois named Mark Janus stood up for his rights. He filed a lawsuit in June 2015, objecting to being forced to pay dues to a union he didn’t support. That simple act of defiance reached the Supreme Court and changed the law of the land. In Janus v. AFSCME, the Court ruled that public employees cannot be compelled to fund union speech as a condition of their employment.
The decision was a victory for individual freedom. But a ruling from the Supreme Court is only the first step. The real test is how states respond - and some have done better than others.
That’s where the latest report from the American Legislative Exchange Council comes in. States That Work: A Labor Policy Roadmap Across America takes a serious look at how each state protects or restricts worker freedom. It’s a guide to where opportunity still exists and how state legislators can fix overregulation, union favoritism, and misguided labor policies.
The top five states – Arizona, Utah, Georgia, Arkansas, and Florida – have made smart, principled decisions to protect workers’ rights and limit government interference. From union issues and occupational licensing to worker privacy and the minimum wage, these states have made strides to enhance residents’ ability to find a job, grow in a career, and build a family.
Arizona leads the way, being the only state to ban release time, which allows public employees to do union work on the taxpayers’ dime. That may be good for unions, but it’s unfair to taxpayers and insulting to the idea of honest public service.
On worker privacy, Alabama, Georgia, and Tennessee have passed new laws to ensure that employees can vote in union elections by secret ballot. They’ve also taken steps to keep workers’ personal data from being shared without their consent. These are basic protections, but they matter. No one should face intimidation or public pressure just for how they vote.
Occupational licensing is another area where progress is being made. By the end of 2024, 26 states had adopted some form of universal license recognition. This means a licensed worker moving from one state to another can begin working right away without having to jump through redundant hoops. Florida, Louisiana, and Nebraska joined this group last year. Utah has gone even further, with a formal process to review and repeal unnecessary licensing rules.
On the other hand, the bottom five states – Alaska, Massachusetts, Oregon, New York, and Connecticut – all lack meaningful pro-worker reforms like right-to-work, which protects workers’ choice to decide whether or not to join a union.
Currently, 26 states have right-to-work laws, which greatly impact a state’s ability to attract new businesses and foster job growth. A 2022 report from the Bureau of Labor Statistics revealed right-to-work states added 1.3 million jobs since the start of the COVID-19 pandemic, while non-right-to-work states lost 1.1 million jobs.
Unfortunately, Michigan repealed its right-to-work law last year – the first state in nearly six decades to do so. Vermont may be next, with a ballot measure on the horizon that would prevent any future right-to-work protections in that state.
Despite the consequences for young employees, 21 states increased their minimum wage at the start of 2025. After California raised its minimum wage for fast food workers from $16 to $20 an hour last year, thousands of jobs were killed. These aggressive wage hikes hurt the very people they claim to help - especially entry-level workers trying to get their start.
Worker freedom is not a partisan issue. It is an American issue. It helps people build lives, support their families, and contribute to their communities. When states pass laws that protect choice, reduce barriers, and respect individual rights, workers thrive. States That Work can serve as the roadmap for state leaders to get there.
Lee Schalk is senior vice president of policy at the American Legislative Exchange Council (ALEC) and managing editor of States That Work: A Labor Policy Roadmap Across America. Alan Jernigan is manager of the ALEC Task Force on Commerce, Insurance, and Economic Development and contributing author of States That Work.