Alabama employment law overview

by The Brightmine Editorial Team

Alabama has laws that provide greater protections to employees than federal law, including leave entitlements for crime victims and volunteer emergency responders, but generally follows federal law with respect to topics such as the minimum wage, overtime and payment of wages. 

Select Alabama employment requirements are summarized below to help an employer understand the range of employment laws affecting the employer-employee relationship in the state. An employer must comply with federal, state, and local law. Where there is overlap, complying with the law that offers the greatest rights or benefits to the employee will generally apply. 

Equal Employment Opportunity (EEO) and worker protections

Alabama employers may be required to comply with requirements related to EEO and worker protections. 

Fair employment practices

The Alabama Age Discrimination in Employment Act (AADEA) prohibits certain employers from discriminating against employees age 40 and over.  

Equal pay

Alabama prohibits an employer from paying an employee a lower wage than it pays to employees of another sex or race for equal work within the same establishment where job performance requires equal skill, effort, education, experience and responsibility and performance under similar working conditions. An employer may base wage differences on: 

• A seniority system;
• A merit system;
• A system that measures earnings by quantity or quality of production; or
• A differential based on any factor other than sex or race.

Pay transparency

Alabama does not have a pay transparency law applicable to private employers. 

Salary history inquiry restrictions

The Clarke-Figures Equal Pay Act prohibits an employer from refusing to interview, hire, promote, or employ an applicant, and from retaliating against an applicant because the applicant does not provide wage history. 

Employee wage disclosure rights

Alabama does not have a wage disclosure law applicable to private employers. 

Pregnancy accommodation

Alabama does not have requirements for private employers related to pregnancy accommodation. 

Breastfeeding breaks

Alabama does not have requirements for private employers related to breastfeeding breaks.

Access to personnel files

Alabama law does not require private employers to grant employees access to their personnel files.

Whistleblower protections

Alabama does not have a whistleblower law applicable to private employers. 

Scheduling

Alabama does not have a scheduling law applicable to private employers. 

Recruiting and hiring

Alabama employers may be required to comply with requirements related to recruiting and hiring. 

Credit checks

Alabama does not have requirements for private employers related to credit checks. 

Ban the box and fair chance

Alabama does not have a state ban-the-box or fair chance law applicable to private employers.  

E-Verify

Under the Beason-Hammon Alabama Taxpayer and Citizen Protection Act, an employer must participate in the federal E-Verify program to verify the employment eligibility of all new hires. 

Wage and hour

Alabama employers may be required to comply with certain wage and hour requirements. 

Minimum wage

Alabama does not have a minimum wage law applicable to private employers. 

Overtime

Alabama does not have a state overtime law applicable to private employers. 

Meal and rest breaks

Wage and hour laws in Alabama require employers to provide break periods to minors under certain conditions.  

Child labor

Child labor laws in Alabama restrict the occupations in which minors may be employed and the number of hours and times during which they may work. 

All minors are prohibited from working in hazardous occupations, and minors under the age of 16 are prohibited from working in a variety of other occupations such as manufacturing or building trades. Child labor laws also list many occupations in which minors are actively permitted to engage, such as delivering newspapers and agricultural services. 

Minors who are 14 or 15 years of age may not work: 

• More than six days, or more than 40 hours, in any one week;
• More than eight hours in any one day; or
• Before 7:00 a.m. or after 9:00 p.m. during school summer vacation. 

When school is in regular session, minors who are 14 or 15 years of age may not work: 

• More than six days in any one week;
• More than eight hours on a nonschool day, or more than three hours on a school day;
• More than 18 hours in any school week; and
• Before 7:00 a.m. or after 7:00 p.m. 

Additionally, minors who are 16, 17 or 18 years of age, and who are enrolled in any public or private primary or secondary school system, may not work between 10:00 p.m. and 5:00 a.m. on any night preceding a school day. 

Minors who are 14 or 15 years of age may not work more than five hours continuously without a meal or rest period of at least 30 minutes. 

Pay and benefits

Alabama employers may be required to follow certain requirements with respect to employee pay and benefits. 

Wage payment methods

Alabama typically follows federal wage and hour and wage payment laws with respect to how they pay their employees.  

Pay frequency and lag time

Certain public service corporations must make wage payments biweekly or semimonthly. If payments are not made biweekly or semimonthly, the public service corporation may be liable for a fine.  

Pay deductions

The only deductions from employees’ wages that are expressly prohibited are mandatory deductions for union dues, fees or other charges that are a condition of employment. 

Pay statements

Alabama does not have requirements for private employers related to pay statements. 

Wage theft

Alabama does not have a wage theft law applicable to private employers. 

Health care continuation

Alabama does not have a state health care continuation law applicable to private employers. 

Temporary disability insurance

Alabama does not have requirements for private employers related to temporary disability insurance. 

Time off and leaves of absence

Alabama employers may be required to follow certain requirements with respect to time off and leaves of absence. 

Family and medical leave

Alabama does not have a state family and medical leave law applicable to private employers. 

Paid sick leave

Alabama does not have a state paid sick leave law applicable to private employers. 

Other time off requirements

Alabama has laws related to time off and leaves of absence, including but not limited to, birth and adoption leave, crime victim leave, jury duty leave, military leave, emergency responder leave, voting leave; and election official leave. 

Health and safety

Alabama employers may be required to follow certain requirements with respect to employee health and safety. 

Occupational safety and health

Alabama does not have a federally approved state plan governing occupational safety and health. Therefore, the Occupational Safety and Health Administration has authority over private sector employers in the state. 

Drug and alcohol testing

Alabama does not prohibit drug and alcohol testing of employees or job applicants, and employers may establish their own testing policies. Unemployment and workers’ compensation benefits may be denied to a worker who is terminated on the basis of a positive drug test. 

Smoke-free workplace

The Alabama Clean Indoor Air Act prohibits smoking in any public place, including places of employment. However, certain employers may create and maintain a smoking policy that designates specific smoking areas within the workplace or that bans smoking from the workplace altogether. Proper signage must be posted throughout the workplace, in all nonsmoking areas. 

Weapons in the workplace

An employer may not prohibit an employee from keeping a gun in a privately owned vehicle in an employer-owned parking lot, as long as certain conditions are met. 

Safe driving practices

Alabama prohibits the use of a wireless communication device to manually write, send or read a text-based communication while driving. The use of a voice-operated device is allowed. 

Organizational exit

Alabama employers may be required to follow certain requirements when employees exit the organization. 

Final pay

Alabama does not have requirements for private employers related to final pay. 

Mass layoffs

An Alabama employer must notify the Alabama Unemployment Compensation Call Center Operations of a mass separation. The employer must provide the number of involved employees and the expected mass separation or termination date no later than the actual date of the mass separation or termination. 

AI in employment

Alabama does not have a law related to AI in employment applicable to private employers.