Contact
How can we help?
Attorney

The Fair Labor Standards Act, or FLSA, is the federal government’s law concerning the workplace standards required of private and public employers. A law first enacted in 1938, this includes topics such as minimum wage, overtime rules, and the prohibition of sex discrimination.

While states are required to follow this federal mandate, many states have expanded upon the minimum requirements set out by federal law.

Alabama is not one of them. It is important to know what your rights are as a worker and how to remedy any violation of those rights.

Our firm’s Birmingham FLSA lawyers work with people whose rights as workers have been violated to recover the wages and dignity that they deserve. To discuss your legal options and seek legal guidance, schedule a consultation with one of our personal accident attorneys today.

Labor Laws in Alabama

Alabama has chosen to take a minimalist strategy in its choice of labor laws. For many of the aspects of employment law that people think of, only the Federal minimum for worker protection applies. For example, as a Birmingham FLSA lawyer can explain:

  • Minimum wage in Alabama is $7.25 per hour, the Federal minimum.
  • Overtime is paid at all hours worked over 40 at 1.5 times the hourly rate.
  • Workers cannot be paid different rates based solely upon their sex.

One additional area that Alabama has enacted worker protections is in the area of age discrimination. In Alabama Code 25-1-21, it is illegal to discriminate against a person over the age of 40 in hiring, job retention, or compensation in terms of employment.

Unfortunately, Alabama currently has no means by which a person can inform the government of a wage violation or discrimination violation. All violations of wage and sex laws must be handled by the Federal government.

Filing a Claim in the Federal Government

The Equal Employment Opportunity Commission (EEOC) has a branch in Birmingham and all employment discrimination cases start there. In order to begin the process, a letter or online form must be submitted with information about the discrimination including:

  • When and where the incident took place,
  • The name of the employee,
  • The name of the employer, and
  • A narrative of what happened.

There is a time limit of 180 days after the alleged violation occurred to file this complaint. The EEOC will then investigate the complaint. If the complaint is found to be true, the EEOC can determine how the plaintiff is to be compensated.

If the complaint is not found to be an example of discrimination, the person who complained will be issued a right to sue form. This form allows our attorneys to open a case in the local Federal courthouse.

A similar procedure is followed by the Wage and Hour Division of the US Department of Labor (DOL) for violations of wage laws. In these cases, the DOL may file a claim in court on your behalf, but you still have the right to pursue the claim on your own in Federal Court.

Our firm’s FLSA lawyers work with clients who choose to pursue the independent course to recover lost wages.

How a Birmingham FLSA Attorney Can Help

If you have not been fairly paid for your work, or have been discriminated against because of your sex or age, we are here to help.

The process by which a person can recover damages in these cases is complex and must be done through the Federal government. In many cases, there is extensive paperwork that must be completed before a claim can be initiated in court.

Our Birmingham FLSA attorneys are familiar with this process and are here to guide you every step of the way. You have the right to fair treatment at work; do not let yourself be bullied. Contact our firm today.