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Wage and hour law governs the relationship between employers and employees, specifically focusing on the terms and conditions related to pay, working hours, and benefits. In Alabama, these laws are influenced by both federal and state regulations. Federal wage and hour protections are set by the Fair Labor Standards Act (FLSA), while Alabama has limited state-specific laws in this area. Employers in Alabama must comply with minimum wage and overtime rules, as well as regulations regarding recordkeeping and child labor. Understanding your rights and obligations is important, whether you are an employee or an employer.
Legal counsel is often necessary in wage and hour matters due to the complexities of these laws and the significant consequences of non-compliance or violation. Common situations requiring legal help include:
Lawyers can help interpret confusing regulations, represent you in negotiations or lawsuits, and ensure all claims are filed correctly and within legal deadlines.
In Alabama, there is no separate state minimum wage law. The state follows the federal minimum wage rate, which is set at $7.25 per hour. Similarly, Alabama does not have a unique overtime statute and therefore adheres to federal requirements, which generally mandate time-and-a-half pay for work exceeding 40 hours in a workweek. There are no state-specific laws on meal or rest breaks, so Alabama defaults to the FLSA guidelines, which do not require employers to provide breaks, though some must be paid if offered.
Alabama child labor laws, however, do impose restrictions on the types of work and hours minors can perform. The Alabama Department of Labor enforces these rules, ensuring the protection of workers under the age of 18. The state also requires employers to keep accurate records of hours worked and wages paid, following federal standards.
Local governments in Alabama are not permitted to establish their own minimum wage laws or related ordinances, so the federal standards apply uniformly throughout the state.
Alabama follows the federal minimum wage, which is currently $7.25 per hour. There is no separate state minimum wage.
Most employees in Alabama are covered under the FLSA, which requires overtime pay at one and one-half times the regular rate of pay for hours worked over 40 in a workweek. Some employees, such as certain managers and professionals, may be exempt.
No. Alabama does not have a law requiring meal or rest breaks for adult employees. Federal law does not require these breaks either, unless they are provided and last less than 20 minutes, in which case they must be paid.
Employers can legally deduct from your paycheck for taxes, insurance, and other authorized reasons, but must not reduce your pay below minimum wage. Unauthorized deductions for items like uniforms or shortages are heavily regulated.
Alabama does not have a state law specifying when final paychecks must be issued. However, federal law requires employers to pay all earned wages. Company policy or employment contracts may provide additional guidance.
Alabama law restricts the types of jobs and hours minors can work. Minors under 14 cannot work, and those aged 14-15 and 16-17 have limits on both the hours and types of work permitted. Employers must follow child labor laws or face penalties.
You may contact the U.S. Department of Labor’s Wage and Hour Division to file a complaint or consider filing a civil lawsuit for unpaid wages. Consulting a lawyer can help determine the best course of action for your specific situation.
Being misclassified can result in loss of overtime, minimum wage protections, and benefits. You can challenge the classification through the Department of Labor and may recover lost wages or damages if your status is corrected.
Yes. Tipped employees in Alabama may be paid as little as $2.13 per hour in direct wages, but their tips and direct wages combined must at least equal the federal minimum wage. If not, the employer must make up the difference.
No. It is illegal under the FLSA for employers to retaliate against employees who file complaints or participate in wage and hour investigations. If you face retaliation, you may have additional legal remedies.
Here are some helpful resources if you need more information or wish to file a complaint about wage and hour issues in Alabama:
If you believe your wage and hour rights have been violated or if you need legal advice, consider the following steps:
Remember, many wage and hour claims are time sensitive, so do not delay seeking legal assistance. An attorney can help you understand your rights, negotiate with your employer, or represent you in litigation if necessary.
