Key Takeaways

  • Alabama follows federal standards for minimum wage and overtime due to lack of state-specific laws.
  • Employers are not required to provide vacation, sick, holiday, or bereavement leave, but must honor company policy.
  • Jury duty and voting leave are required under Alabama law, with specific employer obligations.
  • Child labor laws in Alabama are strictly enforced, with certification, work hour, and safety requirements.
  • New content includes wage transparency, employment-at-will doctrine, whistleblower protections, final paycheck laws, and anti-discrimination regulations.

What Are Alabama Labor Laws?

Alabama labor laws refers to labor laws in the state of Alabama. Alabama is one of the states that has not established a minimum wage rate. As such, both employers and employees must abide by the federal Fair Labor Standards Act (FLSA), which includes the minimum wage determined by federal law. Currently, the United States federal minimum wage rate is $7.25.

Every employer in Alabama is required to purchase and maintain workers compensation insurance in case there is an injury on the job. If you are injured on the job in Alabama, you have the right to consult with the doctor or medical professional of your choosing.

Whistleblower Protections

Alabama does not have a broad whistleblower protection statute. However, specific protections apply in certain contexts, such as public sector employment or when reporting OSHA violations, workers' compensation fraud, or federal law breaches.

Employees who report legal violations in good faith are protected under various federal whistleblower laws, including the Occupational Safety and Health Act (OSHA). Retaliating against such employees can result in civil penalties and reinstatement orders.

Wage Transparency and Pay Practices

Although Alabama does not require employers to disclose wage ranges in job postings, companies are still subject to federal regulations regarding fair pay and recordkeeping under the Fair Labor Standards Act (FLSA). Employers must maintain accurate records of employee hours, wages, and deductions.

Federal law also protects employees who discuss wages with coworkers. Employers cannot retaliate against employees for sharing or comparing wages, as transparency is a key part of closing pay gaps and identifying wage discrimination.

At-Will Employment in Alabama

Alabama is an at-will employment state, meaning employers may terminate employees at any time for any lawful reason, or no reason at all, without warning or cause. Likewise, employees are free to resign at any time. Exceptions to this rule include terminations that violate federal laws, such as discrimination based on protected characteristics, or breach of employment contracts or public policy.

Employers must be cautious to avoid wrongful termination claims, particularly when firing employees who recently filed complaints, took protected leave, or engaged in whistleblowing activity.

Overtime

Alabama labor laws do not refer to governing payment related to overtime. As such, only federal overtime laws apply. Unfortunately, some dishonest employers try to get around Alabama employee rights by hiring their workers as salaried employees instead of hourly.

Alabama employees who feel their employers have violated overtime laws can take several types of actions to ensure their rights are protected.

Meals and Breaks

When it comes to break times, Alabama only requires employees ages 14 and 15 to take a 30-minute meal or rest period for working five continuous hours.

There is no Alabama law stating that employees 16 years of age and older get a specific break period. As such, the federal law applies, but there is also now rule in the federal law that demands an employer provide a lunch break or other rest period.

Many employers choose to provide meal times and breaks. When a business provides a break time of 20 minutes, that rest period must be paid. Break periods, including meal times, lasting 30 minutes or more can be unpaid as long as the employee is free from all work duties during this period.

Vacation Leave

As with break times, Alabama labor laws do not require employers to provide workers with paid or unpaid vacation leave.

Many employers choose to provide vacation leave as part of their benefits packages to attract employees, and as such they must comply with their employment contract or company policy.

An employer can legally establish a policy or contract specifically stating that employees are disqualified from accrued vacation time if they quit, are fired, or are laid off.

A company can also establish policies that disqualify workers from being compensated for their accrued vacation time if they fail to meet certain requirements, such as providing a two-weeks' notice when quitting their job.

For employers whose company policy states that any accrued vacation must be paid to an employee upon their separation from the company, the employer must abide by the policy or employment contract. Failing to do so is against the law.

Sick Leave in Alabama

Alabama labor laws do not require employers to give workers paid or unpaid sick leave benefits. However, an Alabama employer may have to allow an employee to take unpaid sick leave according to the Family and Medical Leave Act (FMLA) or similar federal law.

For those who do choose to provide their employees with sick leave, they must comply with company policy or the employment contract. While an employer is not required by state law to pay accrued sick leave time to workers if they quit, are fired, or are laid off, companies must still refer to their policy and act accordingly.

Holiday Leave

Alabama labor laws do not require private companies to provide their workers with holiday leave, either paid or unpaid. In fact, a private employer can require that an employee work holidays in Alabama.

Furthermore, a private employer isn't required to pay an employee premium holiday pay, such as the typical time-and-a-half, for working on a holiday. The only time an employee can earn more when working holidays is if he or she works overtime, then standard overtime laws kick in.

Even so, many employers choose to provide paid or unpaid holiday leave as part of their established company policy, which can help attract employees. When this is the case, the company must stand by the terms of its established policy as agreed to in the employee contract.

Jury Duty Leave

Alabama does require employers to give employees paid leave when they are summoned for jury duty and are selected to serve as a jury member in court.

It's against the law for an employer to force an employee to use any of their accrued vacation or sick leave, whether that leave is paid or unpaid, when the employee is called for jury duty.

Employers who have five or fewer full-time employees don't need to worry if two of their employees are summoned for jury duty, as the court must automatically reschedule or postpone the jury duty of those employees in the event that they are summoned to appear at the same time.

An employer cannot discharge or take action against an employee serving jury duty as long as the employee returns to work the following work day after being dismissed from duty.

Voting Leave

Alabama labor laws do require employers to give workers voting leave during any election. This leave can total up to one hour.

Only employees registered to vote are eligible to take voting leave, and they must make a reasonable request from the employer regarding the voting leave.

Employers are exempt from offering voting leave if the polls are open two hours before an employee's schedule starts, or if the polls remain open for one hour after work is over.

Hours Worked

The state of Alabama doesn't have any overtime or minimum wage laws. Because of this, Alabama hasn't adopted a specific definition of hours worked as they would be considered in compensation calculations.

However, since most Alabama employers and employees are still subject to the federal Fair Labor Standards Act (FLSA), the hours worked are determined based on federal law.

Final Paycheck Laws in Alabama

Under Alabama labor laws, there is no specific statute that mandates when a terminated employee must receive their final paycheck. However, under federal guidelines, it is recommended that the final wages be paid by the next scheduled payday.

To avoid disputes, employers should include final paycheck timelines in their employment policies. If an employee believes they are owed wages, they can file a wage claim with the U.S. Department of Labor or pursue legal action.

Bereavement Leave

Bereavement leave is usually an unpaid form of leave that can be taken due to the death of a family member or close friend, although most company policies state that only the deaths of close relatives qualify for bereavement leave.

Alabama doesn't require employers to extend any type of bereavement leave to employees, not even leave to attend funerals. Employers can still choose to provide bereavement leave as part of their benefits package, and they must comply with company policy whenever an employee requests the leave.

Alabama Child Labor Laws

Alabama child labor laws are designed to regulate the employment of minors, specifically teenagers, in the state. These laws determine the ages, times, and the types of work they are allowed to perform.

For a company to employ minors, they must have a Child Labor Certificate from the Alabama Department of Labor. Employers must also get and maintain an Eligibility to Work Form on file for any 14- or 15-year-old teenager employed at the company.

13 Years Old and Younger

The state of Alabama specifically prohibits children who are 13 and younger from being employed in any occupation or trade that places them in a public place. This includes delivering newspapers, selling candy, or distributing magazines.

Minors 13 years of age and younger who are discovered working in violation of the state's child labor laws can be arrested and charged as juvenile delinquents.

14- and 15-Year-Olds

Alabama child labor laws also have rules related to 14- and 15-year-olds. These laws place restrictions on what type of job a 14 or 15-year-olds can work, the times during which that work can be performed, and how many hours they may work in a single workweek.

16- and 17-Year-Olds

Alabama child labor laws specifically state provisions for 16- and 17-year-olds, including the same types of restrictions placed on 14- and 15-year-olds. These restrictions are generally more lenient than younger employees.

Child Actors and Performers

Any teenager under 18 who works or appears in a production, either singing, acting, or performing in some other capacity, must be approved by the Alabama Film Office, which falls under the Alabama Department of Labor.

The Alabama Department of Labor will specify any time restrictions for children under 18 years of age working in a performance capacity.

Child Models

The Alabama Department of Labor (DOL) is also responsible for setting time restrictions for minors who work as child models.

Companies employing children and teenagers must meet these conditions:

  • have written consent from a parent or guardian
  • notify the Child Labor Division of the Alabama Department of Labor
  • the parent or guardian cannot let modeling interfere with academic performance
  • the child model's activities cannot be detrimental to the health, welfare, safety, life, or morals of the individual
  • a parent or guardian must accompany a child under 16 to all modeling sessions

Child Labor Meals and Breaks

Even though Alabama does not demand employers provide adult employees with specific meal or break times, state child labor laws do specify that teenagers who are 14 or 15 years-old should have a rest or meal break totaling at least 30 minutes whenever that teenager works five continuous hours.

Any meal or rest breaks lasting less than 30 minutes are not deemed sufficient enough to break up the teenager's schedule lasting five hours or more.

In Alabama, employers do not have to pay a 14- or 15-year old employee for the time spent resting or taking a meal break.

Employers are also not required to provide the same type of break to teenagers who are 16 or 17 years old, although they may choose to do so.

Working Conditions

Alabama child labor laws demand that companies provide minors with specific working conditions, including:

  • an environment that is properly ventilated and sanitary
  • indoor restrooms, except in circumstances where this is not possible or practical
  • convenient and suitable restrooms separate for each sex, and in locations and number laid out by the Alabama Department of Labor
  • when employing 20 or more people, sanitary drinking fountains must be provided in accordance with the Alabama Department of Labor

The Alabama Department of Labor may inspect any business establishment that employs minors to make sure these conditions are being met.

Required Posting

Employers who hire minors are required to post a notice detailing Alabama's child labor laws in a conspicuous place, such as an employee breakroom.

This posted notice must show the maximum number of hours teenagers under the age of 18 can work without violating the law.

Establishments must also post their Child Labor Certificate from the Alabama Department of Labor in a public place, maintaining it at all times.

Adult Entertainment Establishments

Alabama child labor laws specifically prohibit any adult entertainment company or establishment from employing a worker who is under the age of 18.

Adult entertainment establishments include:

  • live entertainment businesses
  • adult bookstores
  • escort agencies
  • adult arcades
  • adult cabarets
  • adult movie theaters
  • adult video stores
  • adult toy stores
  • nude model studios
  • lingerie modeling studios
  • massage parlors
  • body shampooing businesses
  • any combination of these

Employer Recordkeeping Requirements

The state's child labor laws require companies to keep a completed Employee Information Form on file, as well as proof of age for every minor employed at the business. More than that, employers must maintain photostatic or electronic copies of a minor's time records for the year preceding the last work period recorded for each minor employ.

Right of Access

At any given time, and without warrant or notice, the Alabama Department of Labor can enter a business to perform a routine inspection. This right of access is available to the state's Department of Labor so it may ensure that no child labor laws are being violated.

Penalties

Employers who violate the state's child labor laws may receive a civil penalty totaling $300 or $1,000 to $5,000 depending on the nature of the violation of which provision was violated.

The Alabama Department of Labor has the right to assess separate penalties for each minor employee affected by a company's illegal actions. More than that, the Alabama Department of Labor can choose to assess multiple penalties for each affected minor employee if more than one child labor law provision was violated.

Employers may also be charged with a Class C misdemeanor for a first offense, or a Class B misdemeanor if the company has previously been caught violating the state's child labor laws.

Anti-Discrimination and Harassment Protections

While Alabama does not have a comprehensive state-level anti-discrimination law, most employment protections are enforced under federal statutes such as Title VII of the Civil Rights Act, the Americans with Disabilities Act (ADA), and the Age Discrimination in Employment Act (ADEA).

These laws protect employees from discrimination based on race, color, religion, sex (including pregnancy, sexual orientation, and gender identity), national origin, disability, and age. Employers with 15 or more employees are typically subject to these regulations.

Additionally, employers should establish workplace policies prohibiting harassment and provide mechanisms for reporting inappropriate conduct to ensure compliance and foster a safe work environment.

Frequently Asked Questions

  1. Are employers in Alabama required to provide health insurance?
    No, private employers are not mandated under Alabama law to provide health insurance, though large employers may be required under federal ACA rules.
  2. Can my employer fire me without giving a reason in Alabama?
    Yes, Alabama is an at-will state, so employers can terminate workers without cause unless it's for an illegal reason such as discrimination or retaliation.
  3. What is the legal age for employment in Alabama?
    Minors must be at least 14 years old to work and must have proper certification and parental consent for employment.
  4. Does Alabama have any wage transparency laws?
    No, Alabama does not currently require employers to post or disclose wage ranges in job listings.
  5. What can I do if my employer won’t pay my final paycheck?
    You can file a complaint with the U.S. Department of Labor or seek legal assistance. Federal law protects your right to timely wages.

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