Understanding employee rights under Alabama labor laws is essential for both workers and employers. While many states in the U.S. have detailed rules on meal and rest periods, Alabama’s break laws are limited, leaving most provisions to federal regulations under the FLSA.
This article explains how rest breaks, meal periods, nursing breaks, and minor employee protections apply in Alabama, along with the penalties for noncompliance.
This Article Covers:
- Rest Breaks in Alabama
- Meal Breaks in Alabama
- Nursing or Breastfeeding Breaks in Alabama
- Breaks for Minors in Alabama
- Penalties for Violating Break Laws in Alabama
Rest Breaks in Alabama
Employers in Alabama are not required to provide short rest breaks for employees aged 16 or older as per state law. However, if an employer decides to offer short rest breaks in their company policy, they must adhere to federal rest break provisions.
According to the federal Fair Labor Standards Act (FLSA), rest periods lasting from five minutes to 20 minutes must be counted as hours worked and compensated.
This compensable rest break time cannot be deducted from other paid work hours, such as waiting time or on-call time. These break hours must also be considered for calculating overtime in Alabama.
Meal Breaks in Alabama
Alabama has no state law concerning meal breaks. It is at the employers’ discretion to provide such breaks to their employees.
According to the FLSA, employers can provide a 30-minute bona fide meal break, separate from coffee breaks or rest breaks, for eating regular meals. Employers can also give shorter meal breaks under special circumstances.
Meal periods are not paid, as they are not considered work time.
However, employees must be relieved from all their work duties during the meal break period. If an employee is required to eat at their desk or perform any duties, whether inactive or active, the employee must be compensated for working throughout the break.
Nursing or Breastfeeding Breaks in Alabama
All employers with one or more employees must give nursing mothers reasonable unpaid break time each day to breastfeed or express milk under Alabama’s Nursing Mother’s Act. Employers may let workers use paid breaks for this purpose. The breastfeeding breaks can run concurrently with other existing breaks, if possible.
Employers must make reasonable efforts to provide a private space, other than a bathroom, close to the work area for expressing milk, but they are not required to build a new room for this purpose.
Employees who take a nursing break should avoid causing disturbance in the workplace.
Additionally, all employees covered by the FLSA in Alabama are entitled to nursing breaks under the federal PUMP for Nursing Mothers Act. This law requires employers to provide all nursing mothers with reasonable break time as needed and a private room, other than a bathroom stall, to pump at work for one year after the child’s birth.
Breaks for Minors in Alabama
Alabama has more protective break laws for minors than for adult employees, under the state’s child labor laws.
Minor employees aged 14 and 15 are entitled to a documented 30-minute break for every five hours of continuous work. The law doesn’t require any breaks for minor employees aged 16 and older.
Penalties for Employers in Alabama Violating Break Laws
Alabama does not require employers to provide breaks for employees aged 16 or older, so there are no state-level penalties for non-compliance with general break rules.
However, Alabama’s child labor laws require employers to provide a documented 30-minute break to minors aged 14 and 15 who work more than five consecutive hours. Employers who fail to do so may face civil penalties and/or prosecution by the Alabama Department of Labor.
Nursing employees are also protected from discrimination for taking breaks to express milk, under Alabama’s Nursing Mother’s Act. Under the federal PUMP Act, employers who fail to meet breastfeeding break requirements may face enforcement actions by the U.S. Department of Labor’s Wage and Hour Division, including reinstatement orders, payment of lost wages, and compensatory damages for affected employees.
Additionally, if an employer provides rest or coffee breaks under the FLSA, employees must comply with break guidelines. Employees who extend breaks beyond the permitted time without authorization may face disciplinary action.
Important Cautionary Note
This content is provided for informational purposes only. While we make every effort to ensure the accuracy of the information presented, we cannot guarantee that it is free of errors or omissions. Users are advised to independently verify any critical information and should not solely rely on the content provided.
