Dealing With Unpaid Wages in Alabama
My employer hasn't paid me — here's what Alabama law says and what to do next.
Statute: Ala. Code § 25-4-1 et seq.
Deadline: 15 days
Penalty: Alabama has no state-specific wage payment timing statute beyond federal FLSA protections. Employees may file a claim with the U.S. Department of Labor under federal law
What is dealing with unpaid wages?
The federal minimum wage is $7.25 per hour. Your employer must pay you at least this amount for every hour you work. Many states and cities have higher minimum wages — you're entitled to whichever is higher.
Tipped employees have a lower federal minimum ($2.13/hr), but your tips plus wages must equal at least $7.25/hr. If they don't, your employer must make up the difference.
What to Do If Your Employer Pays Below Minimum Wage
Step 1: Know your rate. Check your state and city minimum wage — it's often higher than the $7.25 federal rate.
Step 2: Calculate your actual hourly pay. Divide your total weekly pay by total hours worked. If it's below the minimum, you have a claim.
Step 3: Document everything. Save pay stubs, schedules, and any records of hours worked.
Step 4: File a complaint. Contact the DOL Wage and Hour Division or your state's labor department. Many employment attorneys handle wage cases on contingency.
How Alabama differs from federal law
Alabama has no state minimum wage law — the federal $7.25/hr applies:
- AL is one of only 5 states with no state minimum wage
- Federal FLSA rate of $7.25/hr is the only applicable minimum
- AL enacted a law in 2016 preempting Birmingham from implementing a higher local minimum wage
- Tipped employees: federal $2.13/hr applies
Additional steps in Alabama
File with the federal DOL at (205) 731-1305. Alabama does not have a state wage enforcement agency.
What you should NOT do
Don't accept illegal deductions. Your employer cannot deduct for cash register shortages, breakage, or uniforms if it would bring your pay below minimum wage.
Don't ignore tip credit violations. If you're a tipped employee and your tips + base pay don't reach $7.25/hr, your employer must pay the difference.
Don't sign away your rights. Any agreement to work for less than minimum wage is unenforceable under federal law.
Don't wait — the clock is ticking.
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Generate your unpaid wages →This page is general legal information for Alabama, not legal advice for your specific situation. Laws change, and how a statute applies depends on facts we don't know. For advice on your matter, consult a licensed attorney in Alabama.