Alabama Overtime laws & HR compliance analysis

Alabama Overtime: What you need to know

Aside from the provisions covering law enforcement officers, Alabama has no overtime law of its own. Consequently, all overtime questions involving employees in the private sector are governed by the federal Fair Labor Standards Act (FLSA).
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Law enforcement officers employed by the state must receive either an overtime premium or compensatory time off for hours worked in excess of 40 during a calendar week (AL Code Sec. 36-21-4). Overtime pay is 11/2 times the normal hourly rate. Compensatory time is awarded at the rate of 11/2 hours off for each hour of overtime worked. For the first 8 hours worked over 40, the officer may decide whether he or she wants overtime pay or compensatory time. After working 48 hours in a week, it is the department's decision whether the officer will receive overtime pay or compensatory time.
Nonelected law enforcement officers employed by a county who work a number of hours in excess of the established and recurring work period must receive overtime pay or compensatory time off (AL Code Sec. 36-21-4.1). Overtime pay is 11/2 times the normal hourly rate. Nonelected law enforcement officers may choose to receive, instead of overtime pay, compensatory time off at a rate of not less than 11/2 hours for each hour of employment for which overtime is required. Any nonelected law enforcement officer who works overtime during any month must, on the last day of the month, file a written statement indicating the number of hours of overtime worked. In the event an officer receives overtime pay instead of compensatory time off, the pay shall be included with the officer's compensation for the next succeeding pay period. If ...

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