Our nation, so richly endowed with natural resources and with a capable and industrious population, should be able to devise ways and means of insuring to all our able-bodied working men and women a fair day's pay for a fair day's work.
- Franklin D. Roosevelt, May 24, 1937
The most common way employees are mistreated in the workplace is when they are robbed of proper compensation for hard work.
Companies may try to pay you less than minimum wage. Your boss might tell you to stay late and work overtime, but cuts you a check that pays you only for a standard 40-hour work week. These tactics are used by many employers to save a few bucks and enhance their bottom line - and they are illegal.
Laws were put in place to protect your rights so that every hard-earned penny you deserve gets to your wallet. The attorneys at Haynes & Haynes, P.C., are here to fight for Alabama workers who simply want "a fair day's wages for a fair day's work."
If you are involved in a wage or hour dispute, or if you believe you are being improperly compensated or classified by your employer, fill out our online form or call (205) 897-0377 to discuss your situation. The consultation is always free.
Your employer does not have the right to rob you. Our lawyers are waiting to hold them accountable and secure for you the lost wages you deserve.
Wage and Hour Law in Alabama
There is a federal statute, the Fair Labor Standards Act ("FLSA"), which governs the payment of wages nationally. In addition, many states have their own laws governing disputes over wages and hours. Alabama is not one of those states. Therefore, the guidelines employers must follow are those set by the Wage and Hour Division of the U.S. Department of Labor. The U.S. Department of Labor has its own Wage and Hour Division offices in Birmingham, Montgomery, and Mobile. These offices have jurisdiction over issues involving:
- Minimum Wages
- Overtime Pay
- Home Care Workers
- Employee Misclassification
- Hours Worked
- Wage Garnishments
- Family & Medical Leave
- Break Time for Nursing Mothers
- Child Labor
- Employees of Government Contractors
- Agricultural Employment
- Specialty Employment
- Use of Lie Detector Tests
Alabama is one of four states in the U.S. that does not have its own minimum wage law. Therefore, minimum wage in Alabama is the federal minimum of $7.25, established by the FLSA.
There are some exceptions to the minimum wage law. For tipped workers, such as waitstaff, the minimum wage is $2.13. In order to be considered a tipped employee, a worker must collect at least $30 in tips per month.
A minimum wage of $4.25 applies to workers under 20 years old during their first 90 consecutive calendar days of employment with a workplace. Once the employee turns 20 of the 90-day threshold is met, the worker must receive at least the $7.25 minimum hourly rate.
Other programs that allow for less than the federal minimum wage to be paid include workers with certain disabilities employed in sheltered workshops, full-time students, and student learners.
At Haynes & Haynes, P.C., we know how difficult it is to put food on the table for you and your family at those hourly rates. When your employer attempts to save a few bucks by paying you less than minimum wage, it is nothing less than thievery. Contact our lawyers today to seek the lost wages you deserve.
Employees covered by the FLSA must be paid an overtime rate of not less than one-and-one-half times the employee's regular rate of pay after 40 hours of work in a work week. Some special exceptions to this rule apply in certain cases with police, firefighters, and hospital or nursing home employees.
Who is Covered?
The FLSA applies to companies that have an annual sales total of $500,000 or more per year, or who are engaged in interstate commerce. Though this may appear to restrict the FLSA to employees in large companies, in reality it actually covers nearly all workplaces. This is because "interstate commerce" has been interpreted broadly by the courts. For example, companies that regularly use U.S. Mail, Federal Express, or UPS for the shipment of goods are engaging in interstate commerce. Consequently, almost all workers in the U.S. are covered by the FLSA.
Proving Your Case
To seek the compensation you deserve, you may have to file a complaint with the U.S. Department of Labor. To support your claim, you will need proof of employment, pay stubs, proof that you were underpaid or unfairly compensated, and more. Do not do this on your own. To ensure your case is as complete and effective as possible, you need experienced and passionate attorneys such as Haynes & Haynes, P.C., on your side. Fill out our online form today, or call us at (205) 879-0377. The consultation is always free, and we are always here to fight for hardworking Alabama men and women like you.