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Alabama Day Off Law

Posted by Tamara

Employees in Alabama have asked what their legal rights are to days off during the workweek.

The answer is they have none. There is no federal or Alabama law that mandates an employer to give workers a day off each week. The FLSA or Fair Labor Standards Act treats work scheduling as strictly a private matter between the company and the worker.

It is common for employers to operate on a 5 or 6 day workweek, but employers in most industries are not legally required to do so.

There are a few states with “one in seven” laws. These laws mandate that employees receive one day off in seven. Illinois has a “one in seven” law, but Alabama does not.

A few industries pay a premium rate of pay to employees who work on Sunday. Alabama law does not mandate premium pay for working on Saturday, Sunday or any other day.

The truth is Alabama employers can legally schedule an employee to work as many days in a row as they want. There is nothing illegal about an Alabama  company requiring employees to work every day of every year, either.

Alabama employers are, however, required to pay overtime to employees who work more than 40 hours in one workweek. The relevant law is the FLSA and applies to employers with $500,000 in annual revenue, or employees that engage in interstate commerce.

If an Alabama employer schedules workers 7 days a week, 8 hours per day, it would be responsible for paying 16 hours of overtime. To avoid consistently paying overtime, the majority of companies simply hire additional workers, which is legal.

A few industries impose restrictions on worker schedules. Under regulations established by OSHA (Occupational Safety and Health Administration) and the Department of Transportation (DOT), certain occupations are limited to the number of consecutive days they can work. Examples are airline pilots and truck drivers.

These OSHA and DOT regulations, however, only apply to a small percentage of employees. The majority of employees are not covered under these regulations.


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