Minimum Wage
Minimum wage is the lowest hourly pay rate that employers are legally obligated to pay nonexempt employees. The federal minimum wage is a wage baseline, but different states, cities, and regions can adopt their own rates. Alabama does not have its own state minimum wage law so employers should follow the federal law if they are covered by the FLSA:
$7.25 per hour for most employees (as of 2024)
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Tipped Minimum Wage
Tipped minimum wage is the lowest hourly pay rate employers are legally obligated to pay employees who earn a significant portion of their income through tips.
Tipped workers in Alabama must be paid the federally required minimum hourly rate of $2.13 per hour, and that amount plus tips must add up to the minimum wage of $7.25 per hour (as of 2024).
Overtime Laws
Alabama does not have its own state overtime laws. It follows the federal overtime requirements.
Non-exempt employees who work over 40 hours per standard workweek are entitled to overtime pay. Most nonexempt employees receive overtime pay at 1.5 times their regular rate of pay for all hours over 40 in a workweek.
Meal and Rest Break
Alabama wage and hour laws generally do not require employers to provide meal periods or breaks to employees 16 years of age and over; thus, the federal rule applies.
On the other hand, if an employer chooses to do so, breaks, usually lasting less than 20 minutes, must be paid. Meal or lunch periods (typically 30 minutes or more) do not need to be paid so long as the employee is free to do as they wish during the meal or lunch period and is completely relieved of all duties.
Alabama requires employers to provide a 30- minute meal or rest period prior to completion of 5 hours work for minors ages 14 or 15 years of age.
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Leave and Holidays
Vacation leave
Alabama does not require employers to provide paid time off to their employees. The employer can choose to offer vacation leave at their discretion.
Paid Sick Leave
Alabama does not have any state-paid sick leave laws.
Holidays
As of January 2024, Alabama law doesn’t require private employers to provide paid or unpaid holiday leave.
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Child Labor Laws
Permits needed for child labor
Alabama employers who employ minors under the age of 18 must obtain the appropriate Child Labor Certificate(s) for each location where the minor is employed.
A Class I Child Labor Certificate is required for each location where the employer wishes to employ minors who are 14 and 15 years old
A Class II Child Labor Certificate is required for each location where the employer wishes to employ minors who are 16 and 17 years old
Every employer must also keep an Employee Information Form, Proof of Age, and Time Records that include the number of hours and break times minors under the age of 18 have worked.
Here is what is acceptable for Proof of Age:
Birth certificate copy
Driver’s license
Identification cards issued by federal, state, or local government agencies provided the ID card includes the employee’s name and date of birth
Employers must obtain an exemption if they wish to employ a minor ages 16-18 to work between 10:00 pm and 5:00 am on the night preceding a school day.
Work time and break time laws depend on the minor’s age
For minors 14-15 when school is in session:
Cannot work during school hours unless they have completed the course of study required for secondary schools and received a recommendation from the local superintendent of education and approval by a child labor inspector.
Cannot work:
More than 3 hours on any school day
More than 8 hours on a non-school day
More than six days in a week
More than 18 hours in a school week
Before 7 AM or after 7 PM on any day of the week
For minors 14-15 when school is not in session:
Minors cannot work:
More than 8 hours per day
More than six days per week
More than 40 hours per week
Before 7 AM or after 9 PM each day
Break laws for minors 14-15:
A documented 30-minute break is required if they continuously work more than 5 hours
For minors 16-18 who are enrolled in any primary or secondary school when school is in session:
Cannot work between 10:00 pm and 5:00 am on any night before a school day (exemptions may be granted by the county or city superintendent of schools).
Hiring and Firing
Hiring
Alabama’s hiring laws aim to prevent discrimination and other prohibited employment practices that include:
Equal pay
Veterans’ preference
Firing
Alabama supports “at-will” employment laws. All Alabama employers have the right to terminate employees at will for nearly any reason and no reason at all, as long as it doesn’t violate the law.
Disclaimer: The information provided in this publication is for general informational purposes only. Deputy makes no representations or warranties of any kind, express or implied, with respect to the software or the information contained in this publication. While, Deputy’s software is designed to simplify shift work by assisting with hiring, onboarding, scheduling, time and attendance tracking, payroll integration, and wage and hour compliance, it is not a substitute for payroll or legal advice, nor is it intended to relieve you of your obligation to comply with the legal requirements applicable to your business. It is ultimately your responsibility to ensure that your use of Deputy complies with all applicable laws and regulations. Please review our Product Specific Terms for more information about your compliance responsibilities.