The Alabama labor law guide

Youth who are 14 and 15 years of age must obtain an Eligibility to Work Form from the Alabama Department of Labor to work for an employer. Employers must also obtain a Class I Child Labor Certificate.

When school is in session, employees who are 14 and 15 years of age may not work for more than 6 days in a school week, hours worked per week cannot be more than 18, and they cannot work more than 8 hours on a non-school day, more than 3 hours on a school day, or before 7 a.m. or after 7 p.m.

When school is not in session, employees who are 14 and 15 years of age may not work for more than 6 days in a workweek, the number of hours worked in a workweek cannot exceed 40 hours, and they cannot work before 7 a.m. and after 9 p.m.

Any establishment that serves alcohol is prohibited from employing anyone under the age of 16, unless the establishment is owned and operated by the youth’s immediate family. In that case, the youth may work in the establishment as long as they are not serving alcohol.

Alabama discrimination laws

Federal law makes it illegal for an employer to discriminate on the basis of: Race, Color, Age, Sex, Sexual orientation, Gender, Gender identity, Religion, National origin, Pregnancy, Genetic information, including family medical history, Physical or mental disability, Child or spousal support withholding, Military or veteran status, Citizenship and/or immigration status.

The Alabama Age Discrimination in Employment Act prohibits employers with 20 or more employees from discriminating against applicants who are 40 years of age and older.

Employers may not refuse to interview, hire, promote, or employ an applicant, or retaliate against an applicant because the applicant does not provide wage history.

Employers may not pay employees at wages less than they pay employees of another sex or race for equal work within the same establishment on jobs the performance of which requires equal skill, effort, education, experience, and responsibility, if performed under similar working conditions.

Private employers may have a voluntary veterans’ preference employment policy. It must be in writing and must be applied uniformly to employment decisions.

A state law was enacted in 2014 to streamline the process of having certain criminal charges expunged. Once a charge has been expunged, a job applicant is not required to disclose that the expunged record exists on an application.

Read our blog to find out what you can and cannot ask during a job interview according to federal law.

Alabama termination laws

Alabama is an “at-will employment” state, which means that without a written employee contract, employees can be terminated for any reason at any time.

Alabama record keeping laws

Regarding employment and payroll data, under the Fair Labor Standards Act (FLSA) and others, you must:

For at least 3 years: keep payroll records, certificates, agreements, notices, collective bargaining agreements, employment contracts, and sales and purchase records. Also keep completed copies of each employee’s I-9 for three years after they are hired. If the employee works longer than three years, hold on to the form for at least one year after the employee leaves.

For at least 2 years: Keep basic employment and earning records like timecards, wage-rate tables, shipping and billing records, and records of additions to or deductions from wages. Also keep the records that show why you may pay different wages to employees of different sexes, such as wage rates, job evaluations, seniority and merit systems, and collective bargaining agreements.

For at least 1 year: The Equal Employment Opportunity Commission says employers should keep all employment records for at least one year from the employee’s date of termination.

Other record-keeping laws that may apply to you:

Under the Occupational Safety and Health Act, you need to keep records of job-related injuries and illnesses for five years. But some records, like those covering toxic substance exposure, have to be kept for 30 years.

You must keep files of benefit plans and seniority and merit systems while they are in effect and for at least a year after they end. You must also retain summary descriptions and annual reports of benefits plans for six years.

If your company is covered by the Family and Medical Leave Act, you must also retain relevant records of leaves, notices, policies, and more for three years.