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Frequently Asked Questions
Labor Laws
Boilers
Elevators
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 at
their website “www.eeoc.gov”.
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…”
My company is closing and the employer did not give us any advance
warning.
What office should I contact?
Plant closings are handled by the Alabama Department of Economic and
Community Affairs-Workforce Development/Rapid Response at “www.adeca.state.al.us“.
Where do I find information on Alien Certification?
The Alabama Department of Labor does not handle alien certification. Contact
the Department of Industrial Relations, Immigration, Standards & Methods
Division at “www.dir.state.al.us”.
If I am not satisfied with my union representation, who do I report
this too?
The National Labor Relations Board handles such problems. You should contact
the NLRB in Birmingham at (205) 731-1492 or go to their website at “www.nlrb.gov”.
I was injured on the job and my employer does not want to accept
responsibility.
What office should I contact?
The Department of Industrial Relations, Workers Compensation Division
handles issues pertaining to on the job injuries “www.dir.state.al.us”.
Who do I contact about the Family Medical Leave Act?
You should contact the U. S. Department of Labor, Employment Standards
Administration at their website “www.dol.gov/esa” and click on FMLA.
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 at their website “www.dol.gov/esa”.
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.
Where do I get the Alabama Posting Requirements?
You can obtain Alabama Posting information from the Department of Industrial
Relations, Technical Services Division or go to their website at
“www.dir.state.al.us” and click on downloads.
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 at their
website, “www.dol.gov/esa”.
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, their
website is “www.eeoc.gov”.
Safe Employment Law
TITLE 25 - INDUSTRIAL RELATIONS AND LABOR
§ 25-1-1. Duties of employers, etc., with respect to provision of
safe employment.
(a) Every employer shall furnish employment which shall be reasonably safe
for the employees engaged therein and shall furnish and use safety devices
and safeguards and shall adopt and use methods and processes reasonably
adequate to render such employment and the places where the employment is
performed reasonably safe for his employees and others who are not
trespassers, and he shall do everything reasonably necessary to protect the
life, health and safety of his employees and others who are not trespassers.
(b) Every employer and every owner of a place of employment, place of public
assembly or public building, now or hereafter constructed, shall so
construct, repair and maintain the same as to render it reasonably safe;
provided, however, that nothing contained in this section shall be
construed, or applied so as to impose upon any such owner any duties to his
tenant, the., members of his family, employees, guests or invitees or others
entering upon the premises under the tenant's title, or the public, not now
imposed upon him by law.
(c) For the purposes of this section, the following terms shall have the
meanings ascribed to them by this subsection:
(1) EMPLOYER. Such term includes every person, firm, corporation,
partnership, joint stock association, agent, manager, representative,
foreman or other person having control or custody of any employment, place
of employment or of any employee, but the terms of this section shall not be
construed to cover the employment of agricultural workers or domestic
servants.
(2) EMPLOYEE. Such term does not and shall not include agricultural workers
or domestic servants.
(3) SAFE and SAFETY. Such terms, applied to any employment or place of
employment, place of public assembly or public building, shall mean
"reasonably safe" or "reasonable safety" consistent with the lawful purpose
of the use and occupancy of the place of employment, place of public
assembly or public building and the inherent danger of the employment, the
process, operation or situation involved, and, shall include conditions and
methods of sanitation and hygiene reasonably necessary for the protection of
the life, health and safety of the employees and others who are not
trespassers.
Right to Work Law
§ 25-7-30. Declaration of policy.
It is hereby declared to be the public policy of Alabama that the right of
persons to work shall not be denied or abridged on account of membership or
non-membership in any labor union or labor organization.
§25-7-31. Agreement or combination to deny right to work on account
of membership or non-membership in labor union, etc., prohibited.
Any agreement or combination between any employer and any labor union or
labor organization whereby persons not members of such union or organization
shall be denied the right to work for said employer, or whereby such
membership is made a condition of employment or continuation of employment
by such employer, or whereby any such union or organization acquires an
employment monopoly in any enterprise, is hereby declared to be against
public policy and an illegal combination or conspiracy.
§ 25-7-32. Employers not to require union membership as condition of
employment, etc.
No person shall be required by an employer to become or remain a member of
any labor union or labor organization as a condition of employment or
continuation of employment.
§ 25-7-33. Employers not to require abstention from union membership
as condition of employment, etc.
No person shall be required by an employer to abstain or refrain from
membership in any labor union or labor organization as a condition of
employment or continuation of employment.
§ 25-7-34. Employer not to require payment of union dues, etc., as
condition of employment, etc.
No employer shall require any person, as a condition of employment or
continuation of employment, to pay any dues, fees or other charges of any
kind to any labor union or labor organization.
§ 25-7-35. Right of action for damages for denial of employment in
violation of provisions of article.
Any person who may be denied employment or be deprived of continuation of
his employment in violation of Sections 25-7-32, 25-7-33 or 25-7-34 or of
one or more of such sections, shall be entitled to recover from such
employer and from any other person, firm, corporation or association acting
in concert with him by appropriate action in the courts of this state such
damages as he may have sustained by reason of such denial or deprivation of
employment.
Jury Duty Law
§ 12-16-8. Jury Duty
GENERAL PROVISIONS
§12-16-8. Excusing of employees for jury service; compensation to
which employees entitled during jury service; issuance to jurors of
statement showing fee or compensation for jury service.
(a) Upon receiving a summons to report for jury duty, any employee shall on
the next day he is engaged in his employment exhibit the summons to his
immediate superior, and the employee shall thereupon be excused from his
employment for the day or days required of him in serving as a juror in any
court created by the constitutions of the United States or of the State of
Alabama or the laws of the United States or of the State of Alabama.
(b) Notwithstanding the excused absence provided in subsection (a) of this
section, any full-time employee shall be entitled to his usual compensation
received from such employment.
(c) It. shall be the duty of all persons paying jurors their fee or
compensation for services to issue to each juror a statement showing the
daily fee or compensation and the total fee or compensation received by the
juror.
§ 12-16-8.1. Discharge of employee on jury duty forbidden; when
employee must return to work; employee's cause of action upon discharge;
damages; provision supplemental to other law.
(a) No employer in this state may discharge any employee solely because he
serves on any jury empanelled under any state or federal statute; provided,
however, that the employee reports for work on his next regularly scheduled
hour after being dismissed from any jury.
(b) Any employee who is so discharged shall have a cause of action against
the employer for said discharge in any court of competent jurisdiction in
this state and shall be entitled to recover both actual and punitive
damages.
(c) The provisions of this section are supplemental to any statutes,
existing or to be enacted in the future, that are designed to protect and
safeguard a citizen's right and duty to serve on a lawful jury, and the
provisions of this section shall not repeal or supersede the provisions of
any law not directly inconsistent herewith.
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