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Alabama Overtime Laws

Alabama does not have its own overtime laws, so the state follows the federal Fair Labor and Standards Act (FLSA), which requires employers pay employees "premium pay" for hours worked in excess of 40 hours per week. "Premium pay" is defined in Alabama as at least 1.5 times an employee's normal rate of pay.

Alabama Overtime Law Summary

This chart highlights key provisions of Alabama overtime law.

State and Federal Statutes

Overtime Calculation Methods

  • Hourly: Pay time and a half (1.5 times the regular rate) for hours in excess of 40 hours per workweek.
  • Hourly Plus Bonus and/or Commission: Regular rate = Total hours times hourly rate, plus the workweek equivalent of the bonus and/or commission, divided by the total hours in the workweek; then pay half of that regular rate for each overtime hour.
  • Salary: regular rate = Salary divided by the number of hours the salary is intended to compensate.
    • If the regular hours are less than 40: Add regular rate for each hour up to 40, then pay time and a half for hours over 40.
    • If the regular hours = 40: Pay time and a half for hours over 40.

Exempt from FLSA

  • The following class of employees are not entitled to overtime pay (partial list):
    • Employees who work in sales
    • Employees whose work tasks are primarily administrative
    • Salaried employees whose jobs require specialized skill and knowledge (employers are not allowed to pay minimum-wage workers a salary to avoid paying them overtime, however)

Note: State laws are always subject to change through the passage of new legislation, rulings in the higher courts (including federal decisions), ballot initiatives, and other means. While we strive to provide the most current information available, please consult an attorney or conduct your own legal research to verify the state law(s) you are researching.

Exceptions to Alabama Overtime Laws

Exceptions to federal overtime laws include the following:

  • Employees responsible for managing more than one other employee.
  • Employees who spend more than 20 percent of their employment engaged in other occupations.

Exemptions from Overtime in Alabama

Under federal law, the occupations or employees that are exempt from overtime laws include:

  • Employees who work in sales
  • Employees whose work tasks are primarily administrative
  • Salaried employees whose jobs require specialized skill and knowledge. Employers are not allowed to pay minimum wage workers a salary to avoid paying overtime.

Research The Law

Get Professional Help With Your Alabama Overtime Claim

Even though Alabama follows federal overtime laws, in the absence of its own such statutes, there still may be some differences that are unique to the state. If you believe you're owed overtime pay or want to learn more about Alabama overtime laws, contact a local employment law attorney today.

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