A brief guide to Alabama overtime law
Rather than establishing its own guidelines for employees, the state of Alabama follows the provisions detailed in the federal Fair Labor Standards Act. Thus, Alabama overtime laws require any employee who works in excess of 40 hours a week in return for an hourly salary to be paid time and a half for every such hour's labor. There are no guidelines as to how many hours a day may be worked in overtime. An employer is not in violation of Alabama overtime laws no matter how many hours they ask you to work as long as you are properly compensated.
The Fair Labor Standards Act also provides the minimum wage for Alabama, which is $7.25. This means that employers must pay $10.88 an hour for extra work to be in compliance with Alabama overtime law. Some employers may try to evade this requirement by claiming their relatively unskilled employees are salaried and therefore not liable to extra compensation. While this may be true for more highly compensated workers, this will not be the case for workers who work for low hourly rates.
There are several notable exceptions towards Alabama overtime laws. For example, if you are responsible for managing multiple employees, you are not entitled to extra compensation. Alabama overtime law stipulates that you may not spend more than 20% of your time engaged in other occupations.
People who work as salespeople are generally not eligible for overtime compensation. Similarly, Alabama overtime laws do not apply to people whose tasks are primarily administrative. Salaried employees whose jobs require a large degree of specialized skills and knowledge are also generally not entitled to overtime compensation. However, Alabama overtime laws do not allow employees to simply pay a minimum-wage worker on a salaried basis to evade paying them for all extra labor performed.
If you believe that your employer is in violation of Alabama overtime laws, there are several actions that you can take to make sure that your rights are respected. It is recommended that you report any potential violation of your rights to the Wage and Hour division of the United States Department of Labor. You may contact these offices to discuss a violation of Alabama overtime law over the phone or in person at their Birmingham or Mobile offices.
Sometimes, this federal department may investigate your claims and decide they do not have sufficient merit to justify any action being taken. However, if you believe that an employer has violated your rights under Alabama overtime law, you may decide to take legal action. Civil litigation will have a greater chance of succeeding if you maintain meticulous records of all documentation related to your employment. In order to file a lawsuit related to a violation of Alabama overtime law, you may need to retain the services of a lawyer with specialized knowledge in this field who can help you understand the complexities of the civil court system.