Employment Law in Alabama
If you have suffered treatment from an employer in Alabama that violates employment laws, learning more about the law can help. Hiring an employment law attorney can best help you navigate the process, and increase the chances of winning your case.
What Is Employment Law?
Employment law covers the rights, responsibilities, and obligations within the employer-employee relationship. Employment lawyers serve both employees and employers, though they generally focus their practice on serving one or the other. Regardless of who their clients are, their goal is to present a solid case and defend them.
Understanding Alabama Employment Law
Employees have a wide range of rights that employers cannot violate. If employers violate these rights, workers can file a complaint against them. Each state has unique labor laws and some also make provisions for qualifying independent contractors. Below are the most common topics in employment law across the country.
Wage and Hour Laws
Laws protect non-exempt employees from being forced to work for low wages and a certain amount of hours without increased pay. These are the wage and hour laws. They outline the minimum wages an employee can earn as well as the maximum amount of hours worked before qualifying employees should get paid overtime.
Alabama, like every other state, has unique wage and hour laws. However, there are federal laws in place that are minimum requirements for all states. For example, the federal minimum wage is $7.25, but most states exceed that amount.
The Fair Labor Standards Act states that non-exempt employees can only work 40 hours per week at their regular wage rates. If they exceed that number, the employer must pay them overtime rates at a minimum of time and a half. Some states also require weekend overtime pay, holiday pay, and overtime for working more than a certain number of hours each day.
According to the Alabama Department of Labor, Alabama does not have any state laws governing wage and hour issues. Consequently, Alabama employers must follow guidelines established by the US Wage and Hour Division of the US Department of Labor. This means that the minimum wage in Alabama remains at $7.25. This is the current minimum set by the federal government.
Workers’ Compensation
If you’ve been injured on the job in Alabama, you might be entitled to workers’ compensation benefits. This includes payments for lost wages and past or future medical bills that resulted from your workplace injury.
To be eligible for workers’ compensation, you must meet these requirements:
- You must be an employee.
- You must have a work-related illness or injury.
- Your employer must carry workers’ comp insurance.
- You must meet the deadline for filing workers’ comp claims.
There are, however, exceptions to these requirements that may still make you eligible for workers’ compensation benefits. However, if your employer is denying you benefits, you should contact an experienced Alabama attorney for assistance with your case.
Termination Rights under Alabama Employment Law
If you live in an at-will state, or your employment is “at-will,” you can be terminated from your job without notice and cause. However, even at-will employees have rights when it comes to termination. A violation of those rights can be a wrongful termination.
Here are some reasons your termination might be wrongful even if you are an at-will employee:
- Written promises or contracts
- Implied promises
- Violations of public policy
- Breaches of good faith and fair dealing
- Workplace retaliation
- Discrimination
- Defamation
- Fraud
- Whistleblowing violations
Alabama adopted right-to-work in 1953 and enshrined it into its Constitution in 2016. Right-to-work involves employees’ rights during an employment relationship. Specifically, Alabama employees have the freedom to refrain from or embrace, union membership as a condition of employment.
Conversely, at-will employment governs employer and employee rights when terminating an employment relationship. Specifically, both the Alabama employer and employee can end the employment relationship at any time, without consequence, for any reason at all. The employer cannot, however, terminate an employee for illegal reasons. These reasons could be any discrimination based on gender, race, religion, or national origin.
If you believe your termination was wrongful due to the above circumstances, then contact a qualified Alabama employment law attorney right away. This is because there are time constraints on how long you can wait to file a claim.
Unemployment Benefits
If you’ve lost your job, you can file for unemployment benefits with the state unemployment agency. The agency will either approve or deny your claim. After approval, you’ll receive monthly unemployment checks and benefits in the mail after filing weekly unemployment claims. Still, unemployment claims can be denied for several reasons, including:
- If you were fired for misconduct.
- You voluntarily quit your job.
- You do not have enough earnings during the work period.
If your claim is denied, then you can appeal the decision if you think it’s the wrong choice. Working with an experienced Alabama attorney during the appeal process can improve your chances of winning the case.
Paid and Unpaid Time Off
In some states, employers are required to provide paid time off (PTO) as well as medical and family leave. PTO is often accrued over time, with employees receiving a set number of days per year. The specifics can vary depending on state laws.
Certain states also mandate that employers compensate employees for unused PTO. If your employer fails to comply with PTO regulations or state medical and family leave laws, you have the right to file a formal complaint to address the violation.
Alabama does not currently have a law requiring employers to provide employees with sick leave, either paid or unpaid. However, according to the Alabama Department of Labor, 86% of Alabama employers offer paid vacation leave. In contrast, about 50% offer paid sick leave.
Child Labor Laws
Child labor laws are a lot more strict than regular labor laws and require employers to be extra careful when scheduling minors. Each state has its child labor laws that outline the number of hours a minor can work per week. These include how often they should have breaks, how many days in a row they can work, and how late they can work each night.
The Alabama Child Labor Law prohibits youths from working in occupations which could be harmful to their health, or moral well-being. As well, the law ensures minors have enough time to devote to their education. Alabama employers must obtain the appropriate Child Labor Certificates(s) for each location where minors under 18 are given employment. 14 and 15-year-old minors require Class 1 certificates. 16 and 17-year-old minors require Class 2 certificates. Additionally, child actors or performers can work in Alabama if the Alabama Film Office, the Alabama Department of Labor, and the parent have all given written consent.
Alabama Employment Anti-Discrimination Laws
A collection of federal anti-discrimination laws protects workers from employment discrimination. Following are brief descriptions of some of these anti-discrimination acts:
- Title VII of the Civil Rights Act: Prohibits employers from selecting job applicants and employees based on race, religion, color, sex, and national origin.
- Age Discrimination Act: Prohibits discrimination based on age for employees over the age of 40 years old.
- Pregnancy Discrimination Act: Prohibits employers from discriminating based on pregnancy, childbirth, or a related condition.
- Americans with Disabilities Act: Prohibits employers from discriminating against people with disabilities at any time during the application or hiring process or once the person holds the job.
- Equal Pay Act: Requires employers to give men and women equal pay for equal work.
Sexual Harassment
If a coworker, employer, or client sexually harasses someone in the workplace; the employee has a set of rights to protect them from further harassment. Laws also offer protection from retaliation, such as getting fired for reporting a manager. If you or someone you know is being sexually harassed in the workplace, report it to your HR department.
According to the National Conference of State Legislatures, Alabama does not currently have specific statutes outlawing sexual harassment in the workplace. As well, Alabama does not legally require sexual harassment training in the workplace. Fortunately, federal sexual harassment laws exist to protect the state. US News reported that the US Justice Department has sued the Mobile County Sheriff’s Office.
Work With an Experienced Alabama Employment Lawyer
If you have employment law concerns, or you’re currently preparing for a case in Alabama, then working with an experienced attorney can help. The hard part is finding the right one. We can even help you connect with an attorney across Alabama state lines.
Submit a request online or call us today at (866) 345-6784 to get in touch with an experienced lawyer in your area!
About the Author
Aaron is a professional legal writer with a B.S. in English Education from Southern Illinois University – Carbondale. He has written, published, and edited thousands of legal articles for RequestLegalHelp, which has connected over 5 million people to legal help in the United States.
With over five years of experience writing thousands of legal articles for law firms across the U.S. and Canada, Aaron specializes in covering federal, state, and city-level legal issues ranging from auto accidents to wrongful terminations.
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