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Labor Laws (Alabama)
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Labor Laws (Alabama)

Last Reviewed: May 2023

Labor laws, or employment laws, are laws relating to the rights and responsibilities of workers.

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Labor Laws (Alabama): Summary

Alabama Right to Work Law

  • The right of a person to work in Alabama cannot be denied based on whether they are a member of a labor union or other labor organization.  (Alabama Code 25-7-30). 

  • Specifically, no person may be required to be a member of any labor union or organization, and an employer cannot require the payment of union dues or dues to any labor organization as a requirement for employment.   (Alabama Code 25-7-32) 

  • At the same time, employers may not require that an employee abstain from membership in a labor union or organization as a condition of their employment.  (Alabama Code 25-7-33) 

Jury Duty of Employees

  • No employer may discharge any employee solely because he serves on any federal or state jury provided that the employee reports back to work on his next regularly scheduled hour after being dismissed from any jury.  (Alabama code 12-16-8.1)
  • Any employee who receives a jury summons shall show the summons to his immediate supervisor and is to then be excused from employment for the amount of time required for jury service. 
  • The employee is to be paid their regular compensation for employment less the fee received for serving as a juror. (Alabama Code 12-16-8) 

Alabama Child Labor Laws

  • Employers who wish to employ person under 18 years of age must obtain the appropriate Child Labor Certificate(s) for each location where persons under 18 years of age are employed. A Class I Child Labor Certificate is required for the employment of 14 and 15 year old minors. A Class II Child Labor Certificate is required for the employment of 16 and 17 year old minors.
  • An Eligibility to Work form is required for each 14 or 15 year old minor employed. These forms can be obtained by the minor from their school. The Eligibility to Work form must be kept in the employee's file
  • During the months when public schools are in session, 14- or 15-year-olds may not work during school hours, they can work between 7 a.m. and 7 p.m. and no more than three hours on a school day. They may not work more than a total of 18 hours per week. During the summer months when public schools are not in session, a minor may work up to eight hours per day between 7 a.m. and 9 p.m., but not more than 40 hours per week.
  • 16- 17-or 18-year-olds who are enrolled in high school, may not work before 5 a.m. or after 10 p.m. on a night preceding a school day (Sunday through Thursday). If the teen has completed high school or is no longer in school, there are no hour restrictions.
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Labor Laws (Alabama): FAQs

What is the minimum wage in Alabama?

The minimum wage in Alabama is $7.25 per hour.
Alabama does not have its own wage plan; we adhere to the federal.

Does Alabama have any Hiring & Firing Laws?

The State of Alabama is an Employment-at-Will State and does not have any laws on the books pertaining to the hiring and firing of an employee. The employer can hire anybody he wants and fire anybody he wants as long as he does not discriminate against the employee. Discrimination is based on the age, sex, race, religion, national origin, color or disability of the individual. You can contact the Equal Employment Opportunity Commission for answers to further questions.

Does Alabama have any laws on jury duty and the employer's responsibility?

Alabama does have a Jury Duty Law. Refer to 12-16-8. Jury Duty

Does Alabama have any Right to Work Laws?

Yes. Alabama workers may choose to join a union or decline to do so. Refer to 25-7-30. Right to Work Law

Are there any laws on Safe Employment in Alabama?

Yes. Refer to 25-1-1. Duties of Employers

Where do I find information on Alien Certification?

The Alabama Department of Labor does not handle alien certification. Contact the Department of Public Health.

If I am not satisfied with my union representation, who do I report this to?

The National Labor Relations Board (NLRB) handles such problems. You should contact the NLRB in Birmingham at (205) 731-1492.

Who handles the Wage & Hour Laws?

The State of Alabama Department of Labor does not have any wage and hour laws other than the law pertaining to the payment of wages. Section 25-3-4 states that the department will investigate and attempt to collect on wage claims. This office attempts to collect wages for employees who have worked and have not received their pay. With regard to other wage & hour laws such as overtime, minimum wage and salaried/hourly, contact the U. S. Department of Labor - Employment Standards Administration.

Can the Employer keep my vacation pay after I leave the company?

Vacation pay is considered a fringe benefit of the company and is not a required payment by law. It is left up to the employer whether they offer the employee fringe benefits such as severance, vacation, annual leave, sick leave & bonus pay. The only exception would be something written in the company handbook stating that the employee will be given these benefits.

Does Alabama have Prevailing Wage Rate Information?

The State of Alabama Department of Labor no longer has prevailing wage rates, they were discontinued in 1980. The U. S. Department of Labor does enforce the Davis Bacon rates, which are equal to the prevailing wage rates. You can contact the U. S. Department of Labor - Wage & Hour Division.

 

I feel that I am being harassed or discriminated against at my job, who do I contact?

Discrimination is handled through the Equal Employment Opportunity Commission (EEOC). Their office is in Birmingham: (205)731-0082.

Do minors require work permits?

Employers must obtain work permits for all minors under 18 years of age and keep the work permits on file.

When are these work permits required?

Permits are required all year.

How do I obtain a work permit for a minor?

Work permits are issued at most high schools throughout the state. If the local school cannot issue the permit, the county or city board of education can issue the permit. The teen may obtain an application form for a work permit. Then the employer then must complete the application, and the form is returned to the school for a permit to be issued.

What hours can 14- or 15-year-olds work?

During the months when public schools are in session, 14- or 15-year-olds may not work during school hours, they can work between 7 a.m. and 7 p.m. and no more than three hours on a school day. They may not work more than a total of 18 hours per week. During the summer months when public schools are not in session, a minor may work up to eight hours per day between 7 a.m. and 9 p.m., but not more than 40 hours per week.

What hours can a 14- or 15-year-old home-schooled teen work?

14- or 15-year-old home schooled students have the same restrictions as any other 14- or 15-year-old. (See question above).

What hours can 16-, 17-, or 18-year-olds work?

16-, 17-, or 18-year-olds who are enrolled in high school may not work before 5 a.m. or after 10 p.m. on a night preceding a school day (Sunday through Thursday). If the teen has completed high school or is no longer in school, there are no hour restrictions.

Where can a minor work at age 14 or 15?

At age 14 or 15, a minor can work in an office, grocery store, retail store, restaurant, movie theater, or amusement park.

Where can a minor work at age 16 or 17?

At age 16 or 17, a minor can work in any job that is not hazardous. Prohibited jobs include work in mining, logging, meatpacking, roofing, excavation or demolition. A 16- or 17-year-old cannot drive a car or forklift, nor can they work with explosives, radioactive materials or most power-driven saws or machines.

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Labor Laws (Alabama): Laws & Regulations

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