Lorem ipsum dolor sit amet, consectetur adipiscing elit. Suspendisse varius enim in eros elementum tristique. Duis cursus, mi quis viverra ornare, eros dolor interdum nulla, ut commodo diam libero vitae erat. Aenean faucibus nibh et justo cursus id rutrum lorem imperdiet. Nunc ut sem vitae risus tristique posuere.
Women are
79%
more likely to
live in poverty
than white men in
Alabama
Single-woman led households are at the
highest risk
of poverty in
Alabama
In
Alabama
, women earn
$0.69
for every dollar a white man makes
Women in
Alabama
are
78%
more likely to earn
minimum wage
than white men
Women in
Alabama
are
103%
more likely to earn a
tipped wage
than white men
In
Alabama
, at least
72%
of women are essential to the financial security of their household
An employer may not pay any of its employees at wage rates less than the rates paid to 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, and performance under similar working conditions.[1]
a. Affirmative defenses: To justify a pay disparity, an employer can assert that it was based on: seniority system, merit system, a system which measures earnings by quantity or quality of production, and a differential based on any factor other than sex or race.[2]
b. Retaliation: Employers shall not refuse to interview, hire, promote, or employ an applicant for employment, or retaliate against an applicant for employment because the applicant does not provide wage history.[3]
[1] Ala. Code § 25-1-30(b) (2019).
[2] Ala. Code § 25-1-30(c) (2019).
[3] Ala. Code § 25-1-30(c) (2019).
Yes. It applies to employers of any size, prohibits pay discrimination based on both sex and race, and prohibits retaliation against applicants who do not disclose their wage history. While the law places limitations on damages, it requires employers to maintain certain payroll documents, wage rate tables, and earnings records.
No. Alabama does not mandate any form of employer pay disclosure.
Yes, workers are not required to disclose salary history and an employer cannot refuse to interview, hire, promote, employ, or retaliate against you because you did not provide it.[1]
[1] Ala. Code § 25-1-30(c) (2019).
No. However, under federal law private sector employers generally cannot prohibit employees from discussing wages, with some exceptions such as supervisors.[1]
[1] Your Right to Discuss Wages, Nat’l Lab. Rels. Bd., https://www.nlrb.gov/about-nlrb/rights-we-protect/your-rights/your-rights-to-discuss-wages (last visited Jan. 28, 2022); see 29 U.S.C. §§ 151-169.
No. Alabama law does not require employers to collect, report, or assess gender-based pay data.
No. Alabama does not have a state minimum wage, so the federal minimum wage governs which is $7.25/hr.[1] Since 2016, Alabama has prohibited its cities and counties from establishing local minimum wages above the federal minimum wage, which applies because Alabama has no state minimum wage.[2] Any existing local minimum wage increases (including an increase in Birmingham) were nullified.
[1] State Minimum Wage Laws, U.S. Dep’t of Lab. (Jan. 1, 2022), https://www.dol.gov/agencies/whd/minimum-wage/state#ms.
[2] Ala. Code § 25-7-41 (2022).
No. Alabama law has not eliminated the use of the subminimum wage. There are a number of exemptions to the federal minimum wage, including but not limited to farm workers, seasonal workers, and “informal” workers such as babysitters.[1] Tipped employees who earn at least $30 in tips per month are permitted to be paid $2.13/hr.[2]
[1] Questions and Answers About the Minimum Wage, U.S. Dep’t of Lab., https://www.dol.gov/agencies/whd/minimum-wage/faq#:~:text=What%20is%20the%20federal%20minimum%20wage%3F&text=Various%20minimum%20wage%20exceptions%20apply,tipped%20employees%20and%20student%2Dlearners(last visited Jan. 28, 2022).
[2] Id.
No. Alabama law does not require employers to pay wages at regular intervals.
No. Alabama law does not require employers to give employees written notice of their pay.
No. Alabama does not have a state overtime law, so the federal law governs. Covered nonexempt employees must receive overtime pay for any time worked beyond 40 hours in a workweek (any fixed and regularly recurring period of 168 hours—seven consecutive 24-hour periods) at a rate no less than time and a half at the regular rate of pay.[1]
[1] 29 U.S.C. § 207 (2020).
No. Federal protections may apply.
