Alabama Employment Law 2026
⚠️Informational only — not legal or tax advice.
Last Updated: January 17, 2026
Last Reviewed: January 17, 2026
Applicable Period: 2026
Jurisdiction: State of Alabama, United States
Update Schedule: Quarterly reviews in 2026; annual reviews thereafter
Table of Contents
Introduction
Alabama’s employment landscape is governed primarily by federal law, as the state has limited state-specific employment statutes. This creates a unique environment where employers and employees must understand both federal requirements and Alabama’s specific provisions.
This comprehensive guide covers employment law in Alabama for 2026, providing detailed information on wage and hour requirements, discrimination protections, employee rights, employer obligations, and complaint procedures. Whether you are an employee seeking to understand your workplace rights or an employer working to ensure compliance, this guide serves as your authoritative reference.
What This Guide Covers:
Alabama employment law operates under a federal framework supplemented by specific state provisions. This guide addresses:
- At-will employment doctrine and exceptions in Alabama
- Federal minimum wage and overtime requirements (Alabama has no state minimumwage)
- Discrimination protections under federal law
- Workers’ compensation requirements
- Child labor laws specific to Alabama
- Unemployment compensation eligibility
- Complaint filing procedures and agency contacts
- 2026 updates and changes
Key Characteristic of Alabama Employment Law:
Alabama does not have state laws governing many employment areas including minimum wage, overtime, meal breaks, or paid leave. According to the Alabama Department of Labor:
“Alabama does not have any state laws governing wage and hour issues. Therefore, employers must follow federal guidelines set forth by the U.S. Wage and Hour Division, a division of the U.S. Department of Labor.”
Source: Alabama Department of Labor, Wage and Hour Information
Available at: https://labor.alabama.gov/Wage_and_Hour_Info.pdf
Sources Consulted:
This guide compiles information exclusively from official government sources:
State Sources:
- Alabama Code Title 25 (Industrial Relations and Labor)
- Alabama Department of Labor
- Alabama personnel department
Federal Sources:
- Fair Labor Standards Act (FLSA), 29 U.S.C. §§ 201-219
- Title VII of the Civil Rights Act, 42 U.S.C. § 2000e et seq.
- Americans with Disabilities Act, 42 U.S.C. §§ 12101-12213
- Age Discrimination in Employment Act, 29 U.S.C. §§ 621-634
- U.S. Department of Labor, Wage and Hour Division
- Equal Employment Opportunity Commission
Employment Law Framework in Alabama
1.1 At-Will Employment Doctrine
Alabama follows the at-will employment doctrine. Under this legal principle, employment relationships are presumed to be at-will unless otherwise specified in a contract.
What At-Will Employment Means:
For employees:
- Employment can be terminated at any time, for any lawful reason, or no reason at all
- No advance notice is legally required (unless specified in contract)
- Severance pay is not required (unless specified in contract or policy)
For employers:
- Can terminate employees at any time for lawful reasons
- Must avoid unlawful reasons such as discrimination or retaliation
- May face legal challenges if termination appears discriminatory or retaliatory
Legal Basis:
While Alabama does not have a single codified statute stating the at-will employment rule, Alabama courts have consistently recognized and applied the at-will employment doctrine. This is the default rule for employment relationships in Alabama absent a contract or other exception.
Important Exceptions to At-Will Employment:
The at-will employment doctrine is not absolute. Terminations are unlawful when they violate:
1. Federal Anti-Discrimination Laws
Employers cannot terminate employees based on protected characteristics under federal law:
According to Title VII of the Civil Rights Act, 42 U.S.C. § 2000e-2:
“It shall be an unlawful employment practice for an employer to fail or refuse to hire or to discharge any individual, or otherwise to discriminate against any individual with respect to his compensation, terms, conditions, or privileges of employment, because of such individual’s race, color, religion, sex, or national origin.”
Source: Title VII, Civil Rights Act of 1964
Citation: 42 U.S.C. § 2000e-2(a)(1)
Official text: https://www.eeoc.gov/statutes/title-vii-civil-rights-act-1964
Enforced by: Equal Employment Opportunity Commission
Other federal protections include:
- Age Discrimination in Employment Act (ADEA), 29 U.S.C. § 621 et seq.
- Americans with Disabilities Act (ADA), 42 U.S.C. § 12101 et seq.
- Genetic Information Nondiscrimination Act (GINA), 42 U.S.C. § 2000ff et seq.
2. Retaliation Prohibitions
Federal law prohibits retaliation against employees who:
- File discrimination complaints
- Participate in discrimination investigations
- Oppose discriminatory practices
- File workers’ compensation claims
- Report safety violations
- Engage in other protected activities
3. Public Policy Exceptions
Courts recognize that terminations violating clear public policy may be unlawful, such as:
- Termination for jury duty service
- Termination for refusing to commit illegal acts
- Termination for exercising legal rights
4. Contractual Exceptions
Employment contracts may modify at-will status through:
- Written employment agreements specifying term or cause requirements
- Collective bargaining agreements
- Employee handbooks creating enforceable promises (in some circumstances)
1.2 Labor Law vs. Employment Law: Understanding the Distinction
In Alabama’s legal framework, it is important to understand the distinction between “employment law” and “labor law,” as these terms have specific meanings:
Employment Law (Broader Framework)
Employment law encompasses the comprehensive legal framework governing the relationship between employers and individual employees. This includes:
- Wage and hour requirements
- Discrimination protections
- Workplace safety standards
- Workers’ compensation
- Unemployment insurance
- Individual employment contracts
- Wrongful termination claims
Labor Law (Subset Focused on Collective Rights)
Labor law specifically refers to laws governing:
- Union organizing and collective bargaining
- Labor-management relations
- Collective bargaining agreements
- Unfair labor practices
- National Labor Relations Act provisions
Primary federal labor law:
The National Labor Relations Act (NLRA), 29 U.S.C. § 151 et seq., protects employees’ rights to organize, form unions, and engage in collective bargaining.
Source: National Labor Relations Act
Citation: 29 U.S.C. § 151-169
Official text: https://www.nlrb.gov/guidance/key-reference-materials/national-labor-relations-act
Enforced by: National Labor Relations Board
Alabama’s Right-to-Work Status:
Alabama is a right-to-work state. This means:
According to Alabama Code § 25-7-32:
“No person shall be required to become or remain a member of a labor organization or pay dues, fees, assessments, or other charges of any kind to a labor organization as a condition of employment or continuation of employment.”
Source: Alabama Code § 25-7-32
Available at: Alabama Legislature website
Status: Right-to-work state
This prohibition prevents mandatory union membership or payment of union dues as a condition of employment.
Comparison: Employment Law vs. Labor Law in Alabama
| Aspect | Employment Law | Labor Law |
|---|---|---|
| Scope | Individual employment relationships | Collective labor relations |
| Covers | Wages, discrimination, safety, benefits | Unions, collective bargaining |
| Primary laws | FLSA, Title VII, ADA, state statutes | NLRA, Labor-Management Relations Act |
| Applicability | All covered employees | Employees seeking collective representation |
| Alabama specifics | Follows federal framework primarily | Right-to-work state under § 25-7-32 |
When Each Applies:
Employment law applies to:
- All employment relationships (union and non-union)
- Individual employee rights and protections
- Employer obligations toward individual employees
- Workplace standards and safety requirements
Labor law applies to:
- Employees seeking union representation
- Collective bargaining negotiations
- Union organizing activities
- Labor-management disputes
- Unfair labor practice allegations
Both employment law and labor law protections can apply simultaneously to the same workplace.
1.3 Alabama’s Limited State Employment Statutes
Unlike many states, Alabama has chosen not to enact comprehensive state-level employment laws in most areas. This means:
Areas Governed by Federal Law Only:
- Minimum wage (no state minimum wage)
- Overtime pay (no state overtime law)
- Meal and rest breaks (no state requirement)
- Paid sick leave (no state mandate)
- Family and medical leave (federal FMLA only)
- Most wage payment requirements
Areas With Alabama-Specific Provisions:
- Child labor (Alabama Code §§ 25-8-32 through 25-8-63)
- Workers’ compensation (Alabama Code §§ 25-5-1 through 25-5-395)
- Unemployment compensation (Alabama Code §§ 25-4-1 through 25-4-152)
- Equal pay requirements (Alabama Code § 25-1-30)
- Drug-free workplace promotion (Alabama Code §§ 25-5-330 through 25-5-340)
- Employment safety (Alabama Code § 25-1-1)
This structure requires employees and employers in Alabama to understand federal law thoroughly, as it provides the primary framework for most employment relationships.
Employee Rights in Alabama
2.1 Wage and Hour Rights
Alabama Has No State Minimum Wage or Overtime Law
According to the Alabama Department of Labor:
“Alabama does not have any state laws governing wage and hour issues. Therefore, employers must follow federal guidelines set forth by the U.S. Wage and Hour Division, a division of the U.S. Department of Labor.”
Source: Alabama Department of Labor, Wage and Hour Information
Available at: https://labor.alabama.gov/Wage_and_Hour_Info.pdf
Date: Current as of January 2026
This means federal law governs wage and hour matters for Alabama employees.
Federal Minimum Wage Requirements
Current Federal Minimum Wage (2026): $7.25 per hour
According to the Fair Labor Standards Act, 29 U.S.C. § 206(a)(1):
“Every employer shall pay to each of his employees who in any workweek is engaged in commerce or in the production of goods for commerce, or is employed in an enterprise engaged in commerce or in the production of goods for commerce, wages at the following rates:…not less than $7.25 an hour.”
Source: Fair Labor Standards Act
Citation: 29 U.S.C. § 206(a)(1)
Official text: https://www.dol.gov/agencies/whd/flsa
Effective date: July 24, 2009
Current rate (2026): $7.25 per hour
Last increased: 2009
U.S. Department of Labor Guidance:
According to the Department of Labor:
“Covered nonexempt workers are entitled to a minimum wage of not less than $7.25 per hour effective July 24, 2009.”
Source: U.S. Department of Labor, Wage and Hour Division
Available at: https://www.dol.gov/agencies/whd/flsa
Verified: January 17, 2026
Who Must Be Paid Minimum Wage:
The FLSA applies to employees who are:
- Engaged in interstate commerce, or
- Employed by an enterprise engaged in interstate commerce, or
- Employed by an enterprise with annual gross volume of sales of $500,000 or more
In practice, the FLSA covers the vast majority of employees in Alabama.
Tipped Employee Minimum Wage:
For employees who receive tips, employers may pay a reduced cash wage:
Federal tipped minimum wage: $2.13 per hour
Requirements:
- Employee must receive enough tips to bring total compensation to at least $7.25 per hour
- If tips plus cash wage do not equal $7.25 per hour, employer must make up the difference
- Employer must inform employee of tip credit provisions
Source: 29 U.S.C. § 203(m)
Available at: https://www.dol.gov/agencies/whd/fact-sheets/15-flsa-tipped-employees
Alabama status: No state tipped minimum wage; federal rate applies
Federal Overtime Requirements
Federal Overtime Standard:
According to the Fair Labor Standards Act, 29 U.S.C. § 207(a)(1):
“Except as otherwise provided in this section, no employer shall employ any of his employees who in any workweek is engaged in commerce or in the production of goods for commerce, or is employed in an enterprise engaged in commerce or in the production of goods for commerce, for a workweek longer than forty hours unless such employee receives compensation for his employment in excess of the hours above specified at a rate not less than one and one-half times the regular rate at which he is employed.”
Source: Fair Labor Standards Act
Citation: 29 U.S.C. § 207(a)(1)
Official text: https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title29-section207
Available at: https://www.dol.gov/agencies/whd/overtime
Overtime Requirements in Alabama:
- Rate: 1.5 times regular rate of pay
- Threshold: Hours worked over 40 in a workweek
- Workweek: Any fixed and regularly recurring period of 168 hours (7 consecutive 24-hour periods)
- No daily overtime: Federal law does not require overtime for work over 8 hours in a day (unlike some states)
- No weekend/holiday premium: Federal law does not require extra pay for weekends or holidays unless overtime hours are worked
Alabama Specifics:
Alabama has no state overtime law. Federal FLSA overtime provisions apply to covered employees.
Overtime Exemptions:
Certain employees are exempt from FLSA overtime requirements, including:
- Executive, administrative, and professional employees (meeting salary and duties tests)
- Outside sales employees
- Certain computer employees
- Highly compensated employees
Note: Exemption classifications are complex and based on both salary level and job duties. Consult DOL guidance or legal counsel for specific situations.
Source: 29 C.F.R. Part 541
Available at: https://www.dol.gov/agencies/whd/fact-sheets/17a-overtime
Meal and Rest Break Requirements
Alabama Has No Meal or Rest Break Requirements
Alabama does not require employers to provide meal breaks or rest breaks to adult employees.
Search Conducted:
- Alabama Code Title 25 reviewed
- Alabama Department of Labor website reviewed
- No state statute requiring breaks identified
Federal Law:
Federal law (FLSA) does not require meal or rest breaks for adult employees.
According to the U.S. Department of Labor:
“Federal law does not require lunch or coffee breaks. However, when employers do offer short breaks (usually lasting about 5 to 20 minutes), federal law considers the breaks as compensable work hours that would be included in the sum of hours worked during the work week and considered in determining if overtime was worked.”
Source: U.S. Department of Labor
Available at: https://www.dol.gov/general/topic/workhours/breaks
Verified: January 17, 2026
What This Means for Alabama Employees:
- Employers are not required to provide meal breaks
- Employers are not required to provide rest breaks
- If breaks are provided, short breaks (5-20 minutes) must be paid
- Meal breaks of 30 minutes or more may be unpaid if employee is completely relieved of duties
For Alabama Employees:
Meal and rest break policies are determined by:
- Employer policy
- Employment contracts
- Collective bargaining agreements (if applicable)
Final Paycheck Requirements
Alabama Has No State Final Paycheck Law
Alabama does not have a specific law requiring when final paychecks must be paid.
Federal Guidance:
According to the U.S. Department of Labor, Wage and Hour Division:
Employers covered by the FLSA must pay employees their final wages by the next regular payday for the pay period during which termination occurred.
Source: U.S. Department of Labor
Available at: https://www.dol.gov/agencies/whd/state/final-pay
Alabama: Next regular payday
What This Means:
- Terminated employees: Final pay by next regular payday
- Employees who quit: Final pay by next regular payday
- No Alabama law requires immediate payment or payment within specific days
Wage Payment and Deductions
Alabama Has Limited State Wage Payment Laws
Permitted Deductions:
Federal law allows deductions for:
- Legally required deductions (taxes, court-ordered garnishments)
- Deductions authorized by employee in writing
- Deductions that do not reduce wages below minimum wage
Wage Garnishment Limits:
Federal law limits garnishment amounts:
According to 15 U.S.C. § 1673:
“The maximum part of the aggregate disposable earnings of an individual for any workweek which is subjected to garnishment may not exceed the lesser of two amounts:
- 25 percent of disposable earnings, or
- The amount by which disposable earnings exceed 30 times the federal minimum wage”
Source: Consumer Credit Protection Act
Citation: 15 U.S.C. § 1673
Alabama protection: Alabama Code § 25-4-140 prohibits termination for child support or criminal restitution garnishments
2.2 Paid Sick Leave
Alabama Has No State Paid Sick Leave Requirement
Alabama does not require employers to provide paid sick leave to employees.
Search Conducted:
- Alabama Code Title 25 reviewed
- Alabama Department of Labor guidance reviewed
- No state paid sick leave mandate identified
- Verified: January 17, 2026
Federal Law:
There is no federal law requiring private employers to provide paid sick leave to employees (though some federal contractor requirements exist).
For Alabama Employees:
Paid sick leave policies are determined by:
- Employer policy
- Employment contracts
- Collective bargaining agreements (if applicable)
- Local ordinances (note: Alabama Code § 25-7-41 prohibits municipalities from requiring paid leave beyond state/federal requirements)
Alabama’s Preemption of Local Leave Laws:
According to Alabama Code § 25-7-41(b):
“A county, municipality, or any other political subdivision of this state shall not enact or administer any ordinance, policy, rule, or other mandate requiring an employer to provide any employee, class of employees, or independent contractor with any employment benefit, including, but not limited to, paid or unpaid leave, vacation, wage, or work schedule, that is not required by state or federal law.”
Source: Alabama Code § 25-7-41(b)
Effect: Cities cannot create local paid leave mandates
2.3 Family and Medical Leave
Alabama Has No State Family and Medical Leave Law
Alabama does not have a state family and medical leave law. Federal law applies.
Federal Family and Medical Leave Act (FMLA):
The FMLA provides eligible employees with up to 12 weeks of unpaid, job-protected leave per year.
Eligibility Requirements:
Employees are eligible if they:
- Work for a covered employer (50+ employees within 75 miles)
- Have worked for the employer for at least 12 months
- Have worked at least 1,250 hours in the 12 months before leave
Qualifying Reasons:
- Birth and care of newborn child
- Placement of child for adoption or foster care
- Care for spouse, child, or parent with serious health condition
- Employee’s own serious health condition
- Qualifying military family leave
Source: Family and Medical Leave Act
Citation: 29 U.S.C. § 2601 et seq.
Official text: https://www.dol.gov/agencies/whd/fmla
Alabama status: Federal FMLA applies; no additional state leave law
2.4 Employee Rights Summary
Key Employee Rights in Alabama:
| Right | Source | Details |
|---|---|---|
| Minimum Wage | Federal FLSA | $7.25/hour (no state minimum) |
| Overtime Pay | Federal FLSA | 1.5x pay after 40 hours/week |
| Meal Breaks | None required | No state or federal requirement |
| Rest Breaks | None required | No state or federal requirement |
| Final Paycheck | Federal guidance | Next regular payday |
| Paid Sick Leave | No requirement | No state or federal mandate |
| Family Leave | Federal FMLA | 12 weeks unpaid (if eligible) |
| Anti-Discrimination | Federal laws | Title VII, ADA, ADEA, GINA |
| Workers' Compensation | Alabama law | Coverage required for 5+ employees |
| Unemployment Benefits | Alabama law | Available if eligible |
| Safe Workplace | Federal OSHA | Workplace safety standards |
Source Column Citations:
- FLSA: 29 U.S.C. §§ 201-219, https://www.dol.gov/agencies/whd/flsa
- Title VII: 42 U.S.C. § 2000e et seq., https://www.eeoc.gov/
- ADA: 42 U.S.C. § 12101 et seq., https://www.ada.gov/
- Alabama Workers’ Comp: Alabama Code §§ 25-5-1 et seq.
Discrimination Laws in Alabama
3.1 Overview of Anti-Discrimination Protections
Alabama does not have a comprehensive state employment discrimination law comparable to many other states. Employment discrimination protections in Alabama come primarily from federal law.
Primary Federal Anti-Discrimination Laws:
Federal law prohibits employment discrimination and provides the main framework of protection for Alabama employees:
- Title VII of the Civil Rights Act of 1964
- Americans with Disabilities Act (ADA)
- Age Discrimination in Employment Act (ADEA)
- Genetic Information Nondiscrimination Act (GINA)
- Equal Pay Act
- Pregnancy Discrimination Act
3.2 Protected Classes Under Federal Law
Title VII Protected Classes:
According to Title VII of the Civil Rights Act, 42 U.S.C. § 2000e-2(a):
“It shall be an unlawful employment practice for an employer—to fail or refuse to hire or to discharge any individual, or otherwise to discriminate against any individual with respect to his compensation, terms, conditions, or privileges of employment, because of such individual’s race, color, religion, sex, or national origin.”
Protected classes under Title VII:
- Race
- Color
- Religion
- Sex (including pregnancy, sexual orientation, and gender identity)
- National origin
Source: Title VII of the Civil Rights Act of 1964
Citation: 42 U.S.C. § 2000e-2
Official text: https://www.eeoc.gov/statutes/title-vii-civil-rights-act-1964
Enforced by: Equal Employment Opportunity Commission
Applies to: Employers with 15 or more employees
Age Discrimination Protection:
According to the Age Discrimination in Employment Act (ADEA):
The ADEA protects individuals who are 40 years of age or older from employment discrimination based on age.
Source: Age Discrimination in Employment Act
Citation: 29 U.S.C. § 621 et seq.
Official text: https://www.eeoc.gov/statutes/age-discrimination-employment-act-1967
Applies to: Employers with 20 or more employees
Protected group: Individuals 40 years of age and older
Disability Discrimination Protection:
According to the Americans with Disabilities Act, 42 U.S.C. § 12112:
“No covered entity shall discriminate against a qualified individual on the basis of disability in regard to job application procedures, the hiring, advancement, or discharge of employees, employee compensation, job training, and other terms, conditions, and privileges of employment.”
Source: Americans with Disabilities Act
Citation: 42 U.S.C. § 12101 et seq.
Official text: https://www.ada.gov/law-and-regs/ada/
Enforced by: Equal Employment Opportunity Commission
Applies to: Employers with 15 or more employees
Definition of Disability:
According to the ADA, a disability is:
- A physical or mental impairment that substantially limits one or more major life activities
- A record of such an impairment
- Being regarded as having such an impairment
Source: 42 U.S.C. § 12102
Available at: https://www.ada.gov/law-and-regs/ada/
Genetic Information Protection:
According to the Genetic Information Nondiscrimination Act (GINA):
GINA prohibits discrimination based on genetic information in employment.
Source: Genetic Information Nondiscrimination Act
Citation: 42 U.S.C. § 2000ff et seq.
Official text: https://www.eeoc.gov/statutes/genetic-information-nondiscrimination-act-2008
Applies to: Employers with 15 or more employees
Complete List of Federal Protected Classes in Alabama:
- Race (Title VII)
- Color (Title VII)
- Religion (Title VII)
- Sex, including pregnancy (Title VII)
- Sexual orientation (Title VII, as interpreted by courts)
- Gender identity (Title VII, as interpreted by courts)
- National origin (Title VII)
- Age 40 and older (ADEA)
- Disability (ADA)
- Genetic information (GINA)
3.3 Types of Prohibited Discrimination
Federal law prohibits discrimination in all aspects of employment, including:
According to EEOC guidance:
“The law forbids discrimination in every aspect of employment.”
Prohibited discriminatory practices include:
Hiring and Recruitment:
- Discriminatory job advertisements
- Biased screening procedures
- Refusing to hire based on protected characteristics
- Unequal application processes
Source: EEOC Prohibited Practices
Available at: https://www.eeoc.gov/prohibited-employment-policiespractices
Terms and Conditions of Employment:
- Compensation and pay
- Job assignments
- Promotions and advancement
- Training opportunities
- Fringe benefits
- Working conditions
Discipline and Termination:
- Discriminatory discipline
- Wrongful termination
- Layoffs with discriminatory impact
- Constructive discharge
Other Employment Actions:
- Performance evaluations
- References
- Recall after layoff
- Retirement
Disparate Treatment vs. Disparate Impact:
Disparate Treatment: Intentional discrimination based on protected characteristic
Disparate Impact: Neutral policy or practice that has disproportionate adverse effect on protected group and is not job-related or justified by business necessity
Both forms of discrimination violate federal law.
3.4 Sexual Harassment
Sexual harassment is a form of sex discrimination prohibited by Title VII.
According to the EEOC:
Sexual harassment includes unwelcome sexual advances, requests for sexual favors, and other verbal or physical conduct of a sexual nature when:
- Submission to such conduct is made explicitly or implicitly a term or condition of employment
- Submission to or rejection of such conduct is used as the basis for employment decisions
- Such conduct has the purpose or effect of unreasonably interfering with work performance or creating an intimidating, hostile, or offensive working environment
Two Types of Sexual Harassment:
Quid Pro Quo Harassment:
- Employment decisions based on submission to or rejection of sexual advances
- Examples: Promotion conditioned on sexual favors, termination for refusing advances
Hostile Work Environment:
- Unwelcome sexual conduct that is severe or pervasive enough to create an abusive working environment
- Examples: Repeated sexual comments, inappropriate touching, display of sexual materials
Source: EEOC Sexual Harassment Guidance
Available at: https://www.eeoc.gov/sexual-harassment
Legal basis: Title VII, 42 U.S.C. § 2000e-2
Employer Liability:
Employers may be liable for sexual harassment by:
- Supervisors (strict liability in quid pro quo cases)
- Co-workers (if employer knew or should have known)
- Non-employees (customers, clients) in certain circumstances
Alabama Does Not Require Sexual Harassment Training:
Alabama has no state law requiring sexual harassment prevention training.
Search Conducted:
- Alabama Code Title 25 reviewed
- Alabama Department of Labor guidance reviewed
- No state training mandate identified
- Verified: January 17, 2026
3.5 Enforcement and Remedies
Filing a Discrimination Complaint:
Employees who experience discrimination must file with the appropriate federal agency:
Equal Employment Opportunity Commission (EEOC):
- Handles Title VII, ADA, ADEA, GINA, and Equal Pay Act claims
- Charge must be filed within 180 days (300 days in some cases)
- EEOC investigates and may pursue litigation or issue right-to-sue letter
EEOC Birmingham District Office (covers Alabama):
Address:
Ridge Park Place
1130 22nd Street South, Suite 2000
Birmingham, AL 35205
Phone: (800) 669-4000
TTY: (800) 669-6820
Online: https://www.eeoc.gov/field-office/birmingham/location
Source: EEOC Office Directory
Available at: https://www.eeoc.gov/field-office/birmingham/location
Verified: January 17, 2026
Available Remedies:
If discrimination is proven, remedies may include:
- Back pay and lost benefits
- Reinstatement or front pay
- Compensatory damages (emotional distress, pain and suffering)
- Punitive damages (in cases of intentional discrimination)
- Attorney’s fees and costs
- Injunctive relief (policy changes, training)
Damages Caps:
Compensatory and punitive damages are capped based on employer size:
- 15-100 employees: $50,000
- 101-200 employees: $100,000
- 201-500 employees: $200,000
- 501+ employees: $300,000
Source: 42 U.S.C. § 1981a
Available at: https://www.eeoc.gov/remedies-employment-discrimination
Reasonable Accommodations
4.1 Disability Accommodations Under the ADA
Reasonable Accommodation Requirement:
According to the Americans with Disabilities Act, 42 U.S.C. § 12112(b)(5)(A):
Discrimination includes “not making reasonable accommodations to the known physical or mental limitations of an otherwise qualified individual with a disability who is an applicant or employee, unless such covered entity can demonstrate that the accommodation would impose an undue hardship on the operation of the business of such covered entity.”
Source: Americans with Disabilities Act
Citation: 42 U.S.C. § 12112(b)(5)(A)
Official text: https://www.ada.gov/law-and-regs/ada/
Enforced by: Equal Employment Opportunity Commission
What is a Reasonable Accommodation?
According to the EEOC, reasonable accommodation is any change in the workplace or the way things are customarily done that provides an equal employment opportunity to an individual with a disability.
Examples include:
- Modifications to work schedules or policies
- Physical modifications to the workplace
- Provision of assistive devices or technologies
- Job restructuring or reassignment
- Modified training materials or policies
- Provision of readers or interpreters
Source: EEOC ADA Guidance
Available at: https://www.eeoc.gov/laws/guidance/enforcement-guidance-reasonable-accommodation-and-undue-hardship-under-ada
4.2 The Interactive Process
When an employee requests accommodation, the employer and employee engage in an interactive process to identify effective accommodations.
Five Steps of the Interactive Process:
Step 1: Employee Requests Accommodation
- Request can be informal
- Employee does not need to use specific words like “ADA” or “accommodation”
- Request should identify limitation and need for adjustment
Step 2: Employer Gathers Information
- Employer may ask about nature of disability and functional limitations
- Employer may request medical documentation
- Inquiry must be limited to what is necessary
Step 3: Identify Possible Accommodations
- Consider employee’s suggestions
- Consult technical resources
- Explore multiple options
Step 4: Assess Effectiveness
- Will accommodation enable employee to perform essential functions?
- Is accommodation feasible and appropriate?
Step 5: Implement Accommodation
- Choose effective accommodation
- Monitor effectiveness
- Modify if necessary
4.3 Undue Hardship Exception
Employers are not required to provide accommodations that would impose undue hardship.
Definition of Undue Hardship:
According to 42 U.S.C. § 12111(10):
“The term ‘undue hardship’ means an action requiring significant difficulty or expense, when considered in light of the factors set forth in subparagraph (B).”
Factors considered include:
- Nature and cost of the accommodation
- Overall financial resources of the facility
- Number of employees at the facility
- Effect on expenses and resources
- Impact on facility operations
- Overall financial resources of the covered entity
- Type of operation of the covered entity
Source: Americans with Disabilities Act
Citation: 42 U.S.C. § 12111(10)
Available at: https://www.ada.gov/law-and-regs/ada/
Important Notes:
- Undue hardship is evaluated on case-by-case basis
- Small inconvenience or expense is not undue hardship
- Burden is on employer to prove undue hardship
4.4 Religious Accommodations
Title VII Religious Accommodation Requirement:
According to Title VII, employers must reasonably accommodate employees’ sincerely held religious beliefs unless doing so would impose undue hardship.
Religious practices include:
- Religious observance and practice
- Dress and grooming practices
- Prayer during work hours
- Religious expression
Examples of Accommodations:
- Schedule changes for religious observances
- Voluntary shift swaps
- Exceptions to dress codes
- Time and space for prayer
Undue Hardship Standard for Religious Accommodations:
The standard is different from disability accommodations. For religious accommodations, undue hardship means more than minimal cost or burden.
Source: Title VII of the Civil Rights Act
Citation: 42 U.S.C. § 2000e(j)
EEOC Guidance: https://www.eeoc.gov/laws/guidance/section-12-religious-discrimination
4.5 Pregnancy Accommodations
Pregnancy Discrimination Act:
The Pregnancy Discrimination Act (PDA) amended Title VII to prohibit discrimination based on pregnancy, childbirth, or related medical conditions.
Accommodation Requirement:
Pregnant employees must be treated the same as other employees similar in their ability or inability to work.
If an employer provides accommodations to other employees with temporary limitations, those same accommodations must be available to pregnant employees.
Source: Pregnancy Discrimination Act
Citation: 42 U.S.C. § 2000e(k)
EEOC Guidance: https://www.eeoc.gov/laws/guidance/enforcement-guidance-pregnancy-discrimination-and-related-issues
Pregnant Workers Fairness Act (PWFA):
Effective June 27, 2023, the PWFA requires covered employers to provide reasonable accommodations for known limitations related to pregnancy, childbirth, or related medical conditions, unless the accommodation would cause undue hardship.
Source: Pregnant Workers Fairness Act
Citation: 42 U.S.C. § 2000gg et seq.
EEOC Guidance: https://www.eeoc.gov/laws/guidance/what-you-should-know-about-pregnant-workers-fairness-act
Effective: June 27, 2023
4.6 How to Request Accommodations
For Employees:
Step 1: Identify Your Need
- Determine what workplace barrier exists
- Consider what accommodation(s) might help
Step 2: Make the Request
- Inform your employer of your need for accommodation
- Request can be verbal or written (written creates documentation)
- Be specific about the limitation and proposed accommodation
- Request does not need to use legal terms
Step 3: Provide Information
- Cooperate with interactive process
- Provide medical documentation if requested
- Suggest specific accommodations if you have ideas
Step 4: Engage Interactively
- Discuss alternatives with employer
- Be flexible if multiple effective accommodations exist
- Work toward mutually agreeable solution
Step 5: Follow Up
- If accommodation is denied, ask for explanation
- Request employer’s analysis of alternatives considered
- Document all communications
For Employers:
Step 1: Recognize the Request
- Train managers to identify accommodation requests
- Treat all requests seriously
- Do not delay response
Step 2: Engage in Interactive Process
- Meet with employee to discuss limitations and needs
- Ask clarifying questions
- Request medical documentation only if necessary
Step 3: Identify Accommodations
- Consider employee’s suggestions
- Explore alternatives
- Consult resources (Job Accommodation Network, EEOC)
Step 4: Make Decision
- Choose effective accommodation
- Document decision-making process
- If denying, document undue hardship analysis
Step 5: Implement and Monitor
- Provide accommodation promptly
- Assess effectiveness
- Remain open to adjustments
Resources:
EEOC ADA Information:
Phone: (800) 669-4000
TTY: (800) 669-6820
Website: https://www.eeoc.gov/laws/guidance/enforcement-guidance-reasonable-accommodation-and-undue-hardship-under-ada
Employer Obligations in Alabama
5.1 Required Workplace Postings
Federal Posting Requirements:
All Alabama employers must display federal labor law posters in a conspicuous location where employees can easily see them.
Required Federal Posters:
1. Fair Labor Standards Act (FLSA) Poster
- Required for: All employers covered by FLSA
- Content: Minimum wage, overtime, child labor, recordkeeping
- Download: https://www.dol.gov/agencies/whd/posters
2. Equal Employment Opportunity (EEO) Poster
- Required for: Employers with 15+ employees
- Content: Discrimination laws (Title VII, ADA, ADEA, GINA, Equal Pay Act)
- Download: https://www.eeoc.gov/poster
3. Employee Polygraph Protection Act Poster
- Required for: All private employers
- Content: Prohibitions on lie detector tests
- Download: https://www.dol.gov/agencies/whd/posters
4. Family and Medical Leave Act (FMLA) Poster
- Required for: Employers with 50+ employees within 75 miles
- Content: FMLA rights and responsibilities
- Download: https://www.dol.gov/agencies/whd/fmla/posters
5. Occupational Safety and Health Act (OSHA) Poster
- Required for: Most private employers
- Content: Workplace safety and health rights
- Download: https://www.osha.gov/publications/poster
6. Employee Rights Under the National Labor Relations Act
- Required for: Most private employers
- Content: Right to organize and bargain collectively
- Download: https://www.nlrb.gov/resources/nlrb-posters
Alabama-Specific Posting Requirements:
Child Labor Law Poster (if employing minors):
- Required for: Employers of workers under age 18
- Content: Alabama child labor law requirements
- Download: https://labor.alabama.gov/docs/posters/childlaborlawposter_english.pdf
Source: Alabama Department of Labor
Available at: https://adol.alabama.gov/dcat/posters/
Verified: January 17, 2026
Unemployment Compensation Poster:
- Required for: Employers subject to unemployment insurance law
- Content: Information about unemployment benefits
- Source: Alabama Department of Labor
Where to Obtain Posters:
Federal Posters:
- U.S. Department of Labor: https://www.dol.gov/general/topics/posters
- EEOC: https://www.eeoc.gov/poster
- OSHA: https://www.osha.gov/publications/poster
Alabama Posters:
- Alabama Department of Labor: https://labor.alabama.gov/
Posting Requirements:
- Display in conspicuous place where all employees can see
- Post in English and other languages if significant portion of workforce not proficient in English
- Keep posters up to date
- Include all required posters
5.2 New Hire Reporting
Alabama New Hire Reporting Requirement:
Alabama law requires employers to report all new hires to the Alabama New Hire Reporting Center.
Who Must Report: All employers doing business in Alabama
Who to Report:
- New employees
- Re-hired employees (after separation of 60+ days)
- Independent contractors (in some cases)
When to Report: Within 7 days of hire date
How to Report:
- Online: Alabama New Hire website
- Fax: (334) 353-8491
- Mail: Alabama New Hire Reporting Center
Information Required:
- Employer name, address, and Federal EIN
- Employee name, address, and Social Security number
- Employee hire date
Source: Alabama Department of Labor
Website: https://www.al-newhire.com/
Phone: (888) 269-4737
Purpose: Child support enforcement and prevention of fraudulent unemployment and workers’ compensation claims
5.3 Recordkeeping Requirements
Federal Recordkeeping Requirements (FLSA):
According to the Fair Labor Standards Act, covered employers must maintain certain employment records.
Records Required:
- Employee’s full name and social security number
- Address, including zip code
- Birth date, if younger than 19
- Sex and occupation
- Time and day of week when employee’s workweek begins
- Hours worked each day and total hours worked each workweek
- Basis on which employee’s wages are paid
- Regular hourly pay rate
- Total daily or weekly straight-time earnings
- Total overtime earnings for the workweek
- All additions to or deductions from wages
- Total wages paid each pay period
- Date of payment and pay period covered
Retention Periods:
According to 29 C.F.R. § 516.5 and § 516.6:
- Payroll records: 3 years
- Collective bargaining agreements: 3 years
- Sales and purchase records: 3 years
- Wage computation records (time cards, piece work tickets, wage rate tables): 2 years
Source: Fair Labor Standards Act Recordkeeping Requirements
Citation: 29 C.F.R. Part 516
Available at: https://www.dol.gov/agencies/whd/fact-sheets/21-flsa-recordkeeping
EEOC Recordkeeping Requirements:
Employers with 15 or more employees must keep employment records including:
- Personnel and employment records: 1 year from making record or personnel action
- If charge filed: Until final disposition
Source: EEOC Recordkeeping Requirements
Citation: 29 C.F.R. § 1602
Available at: https://www.eeoc.gov/employers/recordkeeping
5.4 Form I-9 and Employment Eligibility Verification
Federal Requirement:
All U.S. employers must verify employment eligibility of all employees hired after November 6, 1986.
Form I-9 Requirements:
Timing:
- Complete Section 1: First day of employment
- Complete Section 2: Within 3 business days of hire date
- Retain Form I-9: 3 years after hire or 1 year after separation, whichever is later
Acceptable Documents:
List A (Identity AND Employment Authorization):
- U.S. Passport
- Permanent Resident Card
- Employment Authorization Document
List B (Identity only) + List C (Employment Authorization):
- Driver’s license + Social Security card
- School ID + Birth certificate
- Voter registration card + U.S. Citizen ID card
Source: U.S. Citizenship and Immigration Services
Form: Form I-9
Instructions: https://www.uscis.gov/i-9
Handbook: https://www.uscis.gov/i-9-central/form-i-9-resources/handbook-for-employers-m-274
E-Verify:
E-Verify is an optional electronic employment eligibility verification system (required for some federal contractors).
Alabama does not require private employers to use E-Verify, but allows voluntary participation.
Source: E-Verify
Website: https://www.e-verify.gov/
Alabama status: Voluntary for most private employers
5.5 Workers’ Compensation Insurance
Alabama Workers’ Compensation Requirement:
According to Alabama Code § 25-5-50:
Most employers with 5 or more employees must carry workers’ compensation insurance.
Who Must Have Coverage:
- Employers with 5 or more employees
- Some exceptions apply (agricultural employers, domestic employers, casual employees)
What Coverage Provides:
- Medical treatment for work-related injuries
- Wage replacement during disability
- Death benefits for work-related fatalities
- Vocational rehabilitation
How to Obtain Coverage:
- Purchase policy from authorized insurance carrier
- Obtain approval for self-insurance
- Participate in state fund (if available)
Source: Alabama Workers’ Compensation Law
Citation: Alabama Code §§ 25-5-1 through 25-5-395
Agency Contact: Alabama Department of Labor, Workers’ Compensation Division
Alabama Workers’ Compensation Division:
Address:
649 Monroe Street
Montgomery, AL 36131
Phone: (334) 956-4206
Website: https://labor.alabama.gov/wc/
Source: Alabama Department of Labor
Verified: January 17, 2026
Filing Complaints
6.1 When to File a Complaint
Employees may file a complaint when they experience:
- Wage violations (unpaid wages, minimum wage, overtime)
- Discrimination based on protected characteristics
- Sexual harassment
- Retaliation for protected activity
- Denial of reasonable accommodation
- FMLA violations
- Workplace safety hazards
- Workers’ compensation retaliation
Time Limits Are Critical:
Different types of complaints have different filing deadlines. Missing a deadline can result in loss of rights.
6.2 State Agency: Alabama Department of Labor
Alabama Department of Labor handles:
- Wage complaints (enforcement limited; federal FLSA usually applies)
- Unemployment compensation disputes
- Workers’ compensation information and claims
- Child labor violations
Alabama Department of Labor:
Main Office:
649 Monroe Street
Montgomery, AL 36131
Phone: (334) 242-8265
Website: https://labor.alabama.gov/
Source: Alabama Department of Labor
Available at: https://labor.alabama.gov/
Verified: January 17, 2026
Important Note:
According to the Alabama Department of Labor, wage and hour issues in Alabama are governed by federal law:
“Alabama does not have any state laws governing wage and hour issues. Therefore, employers must follow federal guidelines set forth by the U.S. Wage and Hour Division.”
For wage claims, the federal Wage and Hour Division handles complaints (see Section 6.3).
6.3 Federal Agencies
U.S. Department of Labor, Wage and Hour Division
Handles:
- Minimum wage violations
- Overtime violations
- FLSA violations
- FMLA violations
- Child labor violations
- Recordkeeping violations
How to File:
Online: https://www.dol.gov/agencies/whd/contact/complaints
Phone: (866) 487-2365
TTY: (877) 889-5627
Alabama Offices:
Birmingham Office:
Medical Forum Building
950 22nd Street North, Room 725
Birmingham, AL 35203
Phone: (205) 536-8570
Montgomery Office:
RSA Plaza
770 Washington Avenue, Suite 334
Montgomery, AL 36104
Phone: (334) 223-7450
Mobile Office:
200 Clinton Avenue West, Suite 1004
Huntsville, AL 35801
Phone: (251) 441-5311
Source: U.S. Department of Labor
Available at: https://www.dol.gov/agencies/whd/contact/local-offices
Verified: January 17, 2026
Filing Deadline: 2 years (3 years for willful violations)
Equal Employment Opportunity Commission (EEOC)
Handles:
- Discrimination based on race, color, religion, sex, national origin
- Age discrimination (40+)
- Disability discrimination
- Genetic information discrimination
- Pregnancy discrimination
- Sexual harassment
- Retaliation
How to File:
Online: https://www.eeoc.gov/how-file-charge-employment-discrimination
Phone: (800) 669-4000
TTY: (800) 669-6820
EEOC Birmingham District Office (Covers Alabama):
Address:
Ridge Park Place
1130 22nd Street South, Suite 2000
Birmingham, AL 35205
Phone: (800) 669-4000
TTY: (800) 669-6820
Public hours: Monday-Friday, 8:00 AM – 4:30 PM Central Time
Source: Equal Employment Opportunity Commission
Available at: https://www.eeoc.gov/field-office/birmingham/location
Verified: January 17, 2026
Filing Deadline:
- 180 days from discriminatory act (federal deadline)
- 300 days in states with state/local fair employment agencies (not applicable in Alabama for most cases)
Important: File as soon as possible; do not wait until deadline approaches.
Occupational Safety and Health Administration (OSHA)
Handles:
- Workplace safety violations
- Hazardous working conditions
- Retaliation for reporting safety violations
- Whistleblower complaints
How to File:
Online: https://www.osha.gov/workers/file-complaint
Phone: (800) 321-OSHA (6742)
TTY: (877) 889-5627
OSHA Birmingham Area Office (Covers Northern Alabama):
2047 Canyon Road, Suite 1
Birmingham, AL 35216
Phone: (205) 731-1534
OSHA Mobile Area Office (Covers Southern Alabama):
3737 Government Boulevard, Suite 100
Mobile, AL 36693
Phone: (251) 441-5220
Source: Occupational Safety and Health Administration
Available at: https://www.osha.gov/contactus/bystate/AL/areaoffice
Verified: January 17, 2026
Filing Deadline: 30 days for retaliation complaints; no deadline for safety violations
6.4 Private Lawsuit Options
When Private Lawsuits Are Available:
Depending on the type of claim, employees may be able to file private lawsuits:
FLSA Violations:
Employees can file private lawsuits for unpaid wages and overtime
Discrimination Claims:
After receiving “right-to-sue” letter from EEOC (or after 180 days if EEOC has not completed investigation)
State Law Claims:
Workers’ compensation, wrongful termination, breach of contract
Statute of Limitations:
Time limits vary by claim type. Consult an attorney to understand deadlines.
Legal Representation:
Employment law cases can be complex. Consulting an attorney may be appropriate for:
- Complex cases
- High-value claims
- Multiple violations
- Retaliation concerns
6.5 Quick Reference: Where to File
Type of Complaint | Agency | Deadline | Contact
Unpaid wages/Overtime:
U.S. Department of Labor, Wage and Hour Division
2-3 years
(866) 487-2365
https://www.dol.gov/agencies/whd
Discrimination:
Equal Employment Opportunity Commission
180-300 days
(800) 669-4000
https://www.eeoc.gov/
Workplace safety:
Occupational Safety and Health Administration
30 days (retaliation)
(800) 321-6742
https://www.osha.gov/
Workers’ compensation:
Alabama Workers’ Compensation Division
2 years from injury
(334) 956-4206
https://labor.alabama.gov/wc/
Unemployment benefits:
Alabama Department of Labor
15 days from determination
(866) 234-5382
https://labor.alabama.gov/uc/
Child labor violation:
Alabama Department of Labor, Child Labor Division
No specific deadline
(334) 956-4551
https://labor.alabama.gov/
Sources: Agency websites as listed above, verified January 17, 2026
Remote Work in Alabama
7.1 Key Remote Work Considerations
Remote work arrangements are primarily governed by employer policies and employment contracts. Alabama does not have specific state laws addressing remote work rights or employer obligations regarding remote work arrangements.
Federal Law Applies:
All federal employment laws continue to apply to remote workers, including:
- Fair Labor Standards Act (wage and hour requirements)
- Title VII and other anti-discrimination laws
- Americans with Disabilities Act (reasonable accommodations)
- Occupational Safety and Health Act (workplace safety)
- Family and Medical Leave Act (if eligible)
Wage and Hour Considerations:
Remote employees must still receive:
- At least federal minimum wage ($7.25/hour in Alabama)
- Overtime pay for hours over 40 per week (if non-exempt)
- Accurate timekeeping and recordkeeping
Source: U.S. Department of Labor, Wage and Hour Division
Available at: https://www.dol.gov/agencies/whd/flsa
Applies to: All covered employees, including remote workers
Accommodation Requests:
Remote work may be a reasonable accommodation under the ADA for employees with disabilities, if:
- Employee has a disability covered by the ADA
- Remote work would be effective accommodation
- Remote work does not create undue hardship for employer
Employers must engage in the interactive process to evaluate remote work as an accommodation.
Workers’ Compensation:
Workers injured while working remotely may be covered by workers’ compensation if injury arises out of and in the course of employment.
Source: Alabama Workers’ Compensation Law
Citation: Alabama Code § 25-5-51
Available at: Alabama Department of Labor
7.2 Right to Request Remote Work
Alabama Has No Right-to-Request Law:
Alabama does not have a law giving employees the right to request remote work arrangements.
Federal Status:
There is no federal law requiring employers to allow remote work or to consider remote work requests, except as a potential reasonable accommodation under the ADA.
Policy-Based:
Remote work availability depends on:
- Employer policies
- Employment contracts
- Collective bargaining agreements
- Individual negotiations
7.3 Return-to-Office Mandates
Employer Authority:
Employers in Alabama generally have the authority to require employees to return to physical workplaces, subject to:
ADA Accommodation Requirements: If remote work was provided as a disability accommodation, employers must engage in interactive process before eliminating it
Contractual Obligations: Employment contracts or collective bargaining agreements may limit employer’s ability to change work location
Discrimination Prohibitions: Return-to-office decisions cannot be based on protected characteristics
Advance Notice:
Alabama does not require specific advance notice for return-to-office mandates. Notice requirements may be established by:
- Employer policy
- Employment contracts
- Good faith employment practices
2026 Updates and Recent Changes
8.1 Federal Minimum Wage (No Change)
The federal minimum wage remains $7.25 per hour in 2026.
Status: No increase enacted for 2026
Source: Fair Labor Standards Act, 29 U.S.C. § 206
Current rate: $7.25 per hour (since July 24, 2009)
Available at: https://www.dol.gov/agencies/whd/minimum-wage
Alabama Impact:
Since Alabama has no state minimum wage, the federal rate of $7.25 per hour continues to apply to covered employees in Alabama.
8.2 FLSA Overtime Salary Threshold Update
November 2024 Court Decision:
On November 15, 2024, the U.S. District Court for the Eastern District of Texas vacated the Department of Labor’s 2024 final rule that would have increased salary thresholds for overtime exemptions.
Current Salary Threshold (2026):
The standard salary threshold for executive, administrative, and professional (EAP) exemptions remains:
- $684 per week ($35,568 annually)
Source: U.S. Department of Labor
Citation: 29 C.F.R. § 541.
Available at: https://www.dol.gov/agencies/whd/fact-sheets/17a-overtime
Status: Subject to future rulemaking
What This Means:
Employees earning less than $684 per week generally must receive overtime pay, regardless of job title, unless another exemption applies.
8.3 Pregnant Workers Fairness Act Implementation
Effective Date: June 27, 2023 (continues in 2026)
The Pregnant Workers Fairness Act (PWFA) requires covered employers to provide reasonable accommodations for known limitations related to pregnancy, childbirth, or related medical conditions.
Coverage:
- Employers with 15 or more employees
- All stages of pregnancy and postpartum recovery
- Temporary accommodations without undue hardship
EEOC Final Regulations:
The EEOC published final regulations implementing the PWFA in April 2024, which continue to be effective in 2026.
Source: Pregnant Workers Fairness Act
Citation: 42 U.S.C. § 2000gg et seq.
EEOC Regulations: 29 C.F.R. Part 1636
Available at: https://www.eeoc.gov/laws/guidance/what-you-should-know-about-pregnant-workers-fairness-act
Common Accommodations:
- Additional breaks
- Modified work schedules
- Light duty assignments
- Temporary transfers
- Ability to sit or stand as needed
- Breaks for pregnancy-related medical needs
8.4 Noncompete Agreement Developments
Federal Trade Commission Rule:
On April 23, 2024, the FTC issued a final rule that would have banned most noncompete agreements nationwide. However, this rule has been challenged in court.
Status as of January 2026:
Federal courts have issued preliminary injunctions blocking nationwide enforcement of the FTC noncompete ban. The rule’s future remains uncertain pending ongoing litigation.
Alabama Law:
Alabama generally permits noncompete agreements if they are:
- Supported by consideration
- Reasonable in scope, time, and geographic area
- Necessary to protect legitimate business interests
Source: Alabama case law
Status: No recent Alabama statutory changes to noncompete law in 2026
8.5 Quarterly Review Schedule
2026 Compliance Review Schedule:
Employment law changes frequently. The following review schedule is provided for reference:
March 2026: Review any Q1 DOL or EEOC guidance updates
June 2026: Review any changes from state legislative session
September 2026: Review any Q3 federal regulatory changes
December 2026: Year-end compliance audit and 2027 preparation
How to Stay Updated:
Federal Resources:
- U.S. Department of Labor: https://www.dol.gov/
- EEOC: https://www.eeoc.gov/
- Federal Register: https://www.federalregister.gov/
Alabama Resources:
- Alabama Department of Labor: https://labor.alabama.gov/
- Alabama Legislature: https://www.legislature.state.al.us/
Subscription Services: Sign up for email updates from:
- DOL Wage and Hour Division
- EEOC newsroom
- Alabama Department of Labor announcements
Resources
10.1 Alabama State Government Agencies
Alabama Department of Labor
Main Office:
649 Monroe Street
Montgomery, AL 36131
Phone: (334) 242-8265
Website: https://labor.alabama.gov/
Services: Unemployment compensation, workers’ compensation information, child labor, wage and hour information (federal law), new hire reporting
Workers’ Compensation Division:
Phone: (334) 956-4206
Website: https://labor.alabama.gov/wc/
Unemployment Compensation:
Phone: (866) 234-5382
Website: https://www.labor.alabama.gov/uc/
Child Labor Division:
Phone: (334) 956-4551
Website: https://adol.alabama.gov/employers/child-labor/
Alabama Personnel Department (State Employment):
Address:
State Personnel Building
64 North Union Street
Montgomery, AL 36130
Phone: (334) 242-3389
Website: https://personnel.alabama.gov/
Services: State government employment information
10.2 Federal Government Agencies
U.S. Department of Labor, Wage and Hour Division
National Contact:
Phone: (866) 487-2365
TTY: (877) 889-5627
Website: https://www.dol.gov/agencies/whd
Birmingham District Office:
Medical Forum Building
950 22nd Street North, Room 725
Birmingham, AL 35203
Phone: (205) 536-8570
Montgomery District Office:
RSA Plaza
770 Washington Avenue, Suite 334
Montgomery, AL 36104
Phone: (334) 223-7450
Mobile District Office:
200 Clinton Avenue West, Suite 1004
Huntsville, AL 35801
Phone: (251) 441-5311
Equal Employment Opportunity Commission
National Contact:
Phone: (800) 669-4000
TTY: (800) 669-6820
Website: https://www.eeoc.gov/
Birmingham District Office (Covers Alabama):
Ridge Park Place
1130 22nd Street South, Suite 2000
Birmingham, AL 35205
Phone: (800) 669-4000
Public Hours: Monday-Friday, 8:00 AM – 4:30 PM Central
Occupational Safety and Health Administration (OSHA)
National Contact:
Phone: (800) 321-OSHA (6742)
Website: https://www.osha.gov/
Birmingham Area Office:
2047 Canyon Road, Suite 1
Birmingham, AL 35216
Phone: (205) 731-1534
Mobile Area Office:
3737 Government Boulevard, Suite 100
Mobile, AL 36693
Phone: (251) 441-5220
National Labor Relations Board
Region 10 (Covers Alabama):
Harris Tower
233 Peachtree Street NE, Suite 1000
Atlanta, GA 30303
Phone: (404) 331-2896
Website: https://www.nlrb.gov/
U.S. Citizenship and Immigration Services
Phone: (800) 375-5283
Website: https://www.uscis.gov/
Services: Form I-9, E-Verify, employment eligibility verification
10.3 Key Federal Publications and Resources
Fair Labor Standards Act Resources:
Handy Reference Guide to the Fair Labor Standards Act
Available at: https://www.dol.gov/agencies/whd/compliance-assistance/handy-reference-guide-flsa
FLSA Fact Sheets (by topic)
Available at: https://www.dol.gov/agencies/whd/fact-sheets
FLSA Overtime Calculator Advisor
Available at: https://webapps.dol.gov/elaws/whd/flsa/otcalc/
EEOC Resources:
EEOC Enforcement Guidance on Reasonable Accommodation and Undue Hardship Under the ADA
Available at: https://www.eeoc.gov/laws/guidance/enforcement-guidance-reasonable-accommodation-and-undue-hardship-under-ada
Small Business Information
Available at: https://www.eeoc.gov/employers/small-business
ADA Resources:
ADA.gov – Americans with Disabilities Act Official Site
Available at: https://www.ada.gov/
ADA Standards for Accessible Design
Available at: https://www.ada.gov/law-and-regs/design-standards/
10.4 Additional Federal Resources
U.S. Small Business Administration:
Website: https://www.sba.gov/
Services: Resources for small business employers on compliance, hiring, and employment law
Internal Revenue Service (Employment Tax Information):
Phone: (800) 829-4933
Website: https://www.irs.gov/businesses/small-businesses-self-employed/employment-taxes
Services: Tax withholding, Form W-2, employer identification numbers
Alabama New Hire Reporting Center:
Phone: (888) 269-4737
Website: https://www.al-newhire.com/
Services: New hire reporting for child support enforcement
Frequently Asked Questions - Alabama Employment Law
1. What is employment law in Alabama?
Employment law in Alabama consists primarily of federal laws governing the employer-employee relationship. Alabama has limited state-level employment statutes, so federal law provides most protections for employees and requirements for employers. Key areas include wage and hour standards under the Fair Labor Standards Act, anti-discrimination protections under Title VII and the ADA, workplace safety under OSHA, and state-specific provisions for workers’ compensation and child labor.
2. What is the difference between labor law and employment law?
Employment law is the broader framework governing individual employment relationships, covering wages, discrimination, safety, and benefits. Labor law is a subset focusing specifically on collective labor relations, unions, and collective bargaining under the National Labor Relations Act. In Alabama, employment law applies to all workplaces, while labor law applies when employees seek union representation. Alabama is a right-to-work state under Alabama Code § 25-7-32, prohibiting mandatory union membership.
3. Is Alabama an at-will employment state?
Yes. Alabama follows the at-will employment doctrine, meaning employment relationships can be terminated by either party at any time for any lawful reason or no reason at all. However, important exceptions exist: employers cannot terminate employees for discriminatory reasons under federal law, in retaliation for protected activities, or in violation of public policy. Employment contracts may also modify at-will status.
4. What is the minimum wage in Alabama in 2026?
Alabama has no state minimum wage law. According to the Alabama Department of Labor, employers must follow federal guidelines. The federal minimum wage under the Fair Labor Standards Act is $7.25 per hour, which has been in effect since July 24, 2009. This rate applies to covered employees in Alabama. The tipped minimum wage is $2.13 per hour, provided tips bring total compensation to at least $7.25 per hour.
5. Does Alabama require overtime pay?
Alabama has no state overtime law. Federal law under the Fair Labor Standards Act requires covered employers to pay nonexempt employees overtime at a rate of 1.5 times the regular rate for hours worked over 40 in a workweek. Alabama employers must comply with federal FLSA overtime requirements. There is no requirement for daily overtime (unlike some states) or premium pay for weekends or holidays unless overtime hours are worked.
6. Are meal breaks and rest breaks required in Alabama?
No. Alabama does not have state laws requiring meal breaks or rest breaks for adult employees. Federal law also does not require meal or rest breaks. If employers choose to provide short breaks (5-20 minutes), federal law requires they be paid. Meal breaks of 30 minutes or more may be unpaid if the employee is completely relieved of duties. Break policies are determined by employer policy, employment contracts, or collective bargaining agreements.
7. What are my employee rights in Alabama?
Employee rights in Alabama come primarily from federal law. You have the right to receive at least federal minimum wage ($7.25/hour) and overtime pay for hours over 40 per week (if non-exempt). You are protected from discrimination based on race, color, religion, sex, national origin, age (40+), disability, and genetic information under federal laws including Title VII, ADA, ADEA, and GINA. You have the right to a safe workplace under OSHA, to file workers’ compensation claims without retaliation, and to take FMLA leave if eligible.
8. Can my employer fire me for any reason?
Generally yes, because Alabama follows at-will employment. However, your employer cannot fire you for unlawful reasons. Termination is illegal if based on protected characteristics (race, sex, religion, national origin, age 40+, disability, genetic information) under federal anti-discrimination laws. Employers also cannot fire you in retaliation for filing discrimination complaints, workers’ compensation claims, safety complaints, or engaging in other protected activities. Terminations violating public policy or breaching employment contracts may also be unlawful.
9. How do I file a discrimination complaint in Alabama?
File a charge with the Equal Employment Opportunity Commission within 180 days of the discriminatory act (300 days in some cases). You can file online at eeoc.gov, call (800) 669-4000, or visit the EEOC Birmingham District Office at 1130 22nd Street South, Suite 2000, Birmingham, AL 35205. The EEOC investigates charges of discrimination based on race, color, religion, sex, national origin, age (40+), disability, and genetic information. After investigation, the EEOC may pursue litigation or issue a right-to-sue letter.
10. Can I request remote work as a reasonable accommodation?
Possibly. Under the Americans with Disabilities Act, if you have a disability, remote work may be a reasonable accommodation if it would be effective and would not create undue hardship for your employer. To request the accommodation, engage in the interactive process with your employer to explore whether remote work is feasible. However, not all positions can be performed remotely, and employers are not required to provide accommodations that fundamentally alter the job or create significant difficulty or expense.
11. What are employer obligations in Alabama?
Alabama employers must comply with federal employment laws. Employers must pay at least federal minimum wage ($7.25/hour) and overtime (1.5x for hours over 40/week) to covered employees under FLSA. They must not discriminate based on protected characteristics under Title VII, ADA, ADEA, and GINA. Employers must display required federal and state labor law posters, complete Form I-9 for all hires, report new hires within 7 days, maintain required employment records, and carry workers’ compensation insurance if they have 5 or more employees. Employers must respond to accommodation requests and comply with FMLA if they have 50+ employees.
12. What workplace posters are required in Alabama?
Alabama employers must display federal posters including the Fair Labor Standards Act poster, Equal Employment Opportunity poster, Employee Polygraph Protection Act poster, and OSHA workplace safety poster. If the employer has 50+ employees, the FMLA poster is required. Most employers must display the Employee Rights Under the NLRA poster. If employing minors, Alabama’s Child Labor Law poster is required. All posters must be displayed in conspicuous locations where employees can easily see them. Posters are available for free download from the Department of Labor, EEOC, OSHA, and Alabama Department of Labor websites.
13. How long must employers keep employment records?
Under the Fair Labor Standards Act, employers must keep payroll records for 3 years and wage computation records (time cards, schedules) for 2 years. Under EEOC regulations, personnel and employment records must be kept for 1 year from making the record or taking personnel action. If a discrimination charge is filed, relevant records must be kept until final disposition. Form I-9 must be kept for 3 years after hire or 1 year after separation, whichever is later. Specific recordkeeping requirements vary by law and agency.
14. Does Alabama require paid sick leave?
No. Alabama does not require employers to provide paid sick leave. There is also no federal law requiring private employers to provide paid sick leave. Paid sick leave policies are determined by employer policy, employment contracts, or collective bargaining agreements. Alabama Code § 25-7-41(b) prohibits counties and municipalities from enacting ordinances requiring employers to provide paid leave beyond state or federal requirements. Some employers voluntarily offer paid sick leave as a benefit.
15. What protections do remote workers have in Alabama?
Remote workers in Alabama have the same federal employment law protections as office-based workers. They must receive at least federal minimum wage and overtime pay under FLSA. They are protected from discrimination under Title VII, ADA, ADEA, and GINA. Remote work may be a reasonable accommodation under the ADA for employees with disabilities. Workers’ compensation may cover injuries that arise out of and in the course of remote work. However, Alabama has no law giving employees the right to request remote work, and employers generally may require employees to return to the office, subject to ADA accommodation obligations and any contractual commitments.