Alabama Overtime Pay Laws: Wage & Hour Lawyers
BIRMINGHAM — The Alabama Minimum Wage and Overtime Laws specifically set how much and when a worker must be paid. The laws are set forth by state statute and non-exempt employers must comply with these laws. There are numerous exceptions to these laws based upon the type of employment, the classification of the job, the type and manner of compensation, and the size of the employer. There are also federal wage laws pursuant to the Federal Labor Standards Act (FLSA) that also set forth pay requirements from employers.
Alabama Overtime Pay Laws
Although Alabama has no general compensatory and overtime requirements, it has enacted provisions applicable only to state law enforcement officers. A state law enforcement officer is a “full-time employee who has the power of a peace officer, who is sworn to uphold the laws of the Constitution of the State of Alabama, and who has the power to arrest.” ALA. Code § 36-21-6. The option of whether to accept overtime pay or compensatory time off is left solely to the officer.
In addition, even though the State has no overtime laws, you still may be eligible for overtime pay under the federal Fair Labor Standards Act (FLSA). The FLSA creates two classifications of workers for purpose of overtime wages. The two classifications are exempt and non-exempt. Depending on what type of classification an employee is will determine if an employer is required to pay overtime pay to their employees who work overtime. It is not uncommon for employers to misclassify an employee in order to avoid paying them overtime pay. Overtime is considered any hours in excess of 40 hours in a work week. If you have worked over 40 hours and have not received overtime pay, it is important that you contact an employment lawyer to ensure that you are classified correctly and determine if you are eligible to receive wages.
Alabama Minimum Wage Laws
This issue has not been addressed by the law in this state, however the federal minimum wage rate applies. Currently, the federal minimum wage rate is $7.25. If employees received tips as part of their wages, they must be paid a minimum of $2.13 per hour and their total wages (wages + tips) must be equal or greater than the standard minimum wage rate.
According to Alabama’s Code Title 25-8-38, employers are required to provide a 30-minute meal/rest period to employees ages 14 and 15 who are scheduled to work 5 continuous hours. In addition, employers are not required to provide a meal period or break to employees 16 years of age and over, thus the federal rule applies. The federal rule does not require an employer to provide either a meal (lunch) period or breaks. However, if an employer chooses to do so, breaks, usually of the type lasting less than 20 minutes, must be paid.
Click here to learn more about the Minimum Wage Laws.
Alabama Minimum Wage & Overtime Laws Resource
An excellent resource for information is the Alabama Department of Labor website.
Largest Cities in Alabama Providing Jobs
The ten largest cities in the State of Alabama provide jobs and income to both their own residents and those from outside communities. These include jobs in both public sector and private sector. The cities are listed below:
Commonly Asked Alabama Overtime Pay Questions
You probably have questions about the overtime pay laws. Our legal team will answer all of your questions and concerns, including:
- How much is overtime pay?
- Am I entitled to overtime pay?
- Does Alabama have mandatory overtime laws?
- What is the minimum wage and hour law?
- When is overtime owed?
- What is the overtime rate?
- How do I get my unpaid overtime pay?
Free Lawyer Advice For Alabama Unpaid Overtime Pay Claims
If you were not paid the required minimum wage pay or overtime pay, you have the legal right to pursue a wage claim against the past or present employer. There are strict time deadlines so you should contact our unpaid overtime lawyers today to determine whether you are owed unpaid wages. We will represent you on a No Win, No Fee basis so there are no legal fees or expenses unless we recover your unpaid lost wages for you.
To file a Alabama wage law claim, you should contact our highly qualified overtime lawyers today at (855) 754-2795 for a free, no obligation Case Review. You can also complete the Free Unpaid Overtime Case Review box on this page and an experienced attorney will contact you shortly.