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Hiring

Advertising

What are the requirements relating to advertising open positions?

There are no requirements for private employers.

Background checks

What can employers do with regard to background checks and inquiries?

(a) Criminal records and arrests

There are no restrictions, subject to federal restrictions (the Fair Credit Reporting Act).

(b) Medical history

There are no restrictions, subject to federal restrictions (the Americans with Disabilities Act).

(c) Drug screening

Drug screening is authorized. There is a drug-free workplace law, but there is no specific regulation of drug testing in the workplace. 

(d) Credit checks

There are no restrictions on credit checks, subject to federal restrictions (the Fair Credit Reporting Act).

(e) Immigration status

The Beason-Hammon Alabama Taxpayer and Citizen Protection Act requires employers to use E-Verify.

(f) Social media

There are no state restrictions.

(g) Other

None.

Wage and hour

Pay

What are the main sources of wage and hour laws in your state?

Alabama does not have a state wage and hour statute that governs private employers generally. Alabama does have statutory requirements for the employment of minors, including hours worked, breaks required, and hazardous duty restrictions. The Alabama Department of Labor has enforcement responsibility for this law (Ala. Code 25-8-32, and following). Employers must post the child labor poster. Covered employers are subject to the Fair Labor Standards Act.

What is the minimum hourly wage?

Alabama does not have a statutory minimum wage for private employers. Covered employers are subject to the Fair Labor Standards Act.

What are the rules applicable to final pay and deductions from wages?

Alabama does not have state laws regarding final paychecks or wage deductions. Alabama does have a little-used statutory provision that provides: “All assignments made by any person of salaries or wages, to be earned in the future, shall be absolutely void” (Ala. Code 8-5-21). Covered employers are subject to the Fair Labor Standards Act.

Hours and overtime

What are the requirements for meal and rest breaks?

Alabama does not have any state laws regarding meals and rest breaks for private employers, except as provided in the child labor law. Covered employers are subject to the Fair Labor Standards Act. 

What are the maximum hour rules?

Alabama does not have a maximum hour rule for private employers, except as provided in the child labor law.  Covered employers are subject to the Fair Labor Standards Act.

How should overtime be calculated?

Alabama law does not dictate how overtime should be calculated. Covered employers are subject to the Fair Labor Standards Act. 

What exemptions are there from overtime?

Alabama law does not provide for overtime or overtime exemptions. Covered employers are subject to the Fair Labor Standards Act. 

Record keeping

What payroll and payment records must be maintained?

Employers must keep a complete employee information form, proof of age, and an electronic or photocopy of time records on the premises where minors are employed going back to 60 days before the last day each minor employee worked showing the hours worked each day, starting and ending times, and break times. Employers are encouraged to develop a document retention policy and must follow applicable federal requirements for recordkeeping.

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