BIRMINGHAM LABOR AND EMPLOYMENT LAWYER

Employees in Birmingham are protected by a combination of federal labor laws and Alabama-specific regulations that govern how employers must treat their workers. These laws cover core workplace issues such as fair pay, safe working conditions, freedom from discrimination and harassment, and protection from retaliation for reporting misconduct.

Although Alabama follows an at-will employment system, that does not give employers unlimited power. At-will employment means an employer can terminate employment for many reasons, but not for illegal ones. Employers cannot fire, discipline, or mistreat workers because they asserted their legal rights, reported unlawful behavior, or belong to a protected class.

Workers also have enforceable rights related to wages, overtime, rest breaks, workplace safety, and fair treatment on the job. When employers ignore these obligations, whether by cutting pay, tolerating harassment, or retaliating against employees who speak up, they can be held legally accountable.

Understanding these protections is often the first step toward recognizing when workplace conduct crosses the line from unfair to unlawful.

One of the most common labor law violations involves unpaid wages and overtime. Under federal law, many non-exempt employees are entitled to overtime pay when they work more than 40 hours in a workweek. Employers cannot avoid overtime simply by paying a salary, misclassifying workers, or requiring off-the-clock work.

This protection also extends to tipped employees. While employers may take a tip credit in certain situations, tipped workers are still entitled to overtime pay based on the full minimum wage, not the reduced tipped rate. When overtime is denied, shorted, or disguised through improper pay practices, workers may have legal options to recover what they’re owed.

Workplace discrimination is illegal under federal law and occurs when an employee is treated unfairly because of a protected characteristic, such as race, sex, age, disability, religion, or national origin. In Birmingham, employees may have legal options when discrimination affects hiring decisions, promotions, job assignments, discipline, pay, or termination.

A hostile work environment may exist when harassment or discriminatory conduct becomes so severe or ongoing that it interferes with an employee’s ability to do their job or creates an intimidating or abusive atmosphere. This behavior does not have to come from a supervisor; conduct by coworkers can also create a hostile environment when an employer fails to address it.

Examples of conduct that may support a discrimination or hostile work environment claim include:

• Repeated offensive comments, jokes, or slurs
• Unwanted sexual advances or inappropriate touching
• Intimidation, threats, or humiliation in the workplace
• Discriminatory remarks tied to job performance or discipline
• Unequal enforcement of workplace rules
• Retaliation after reporting discriminatory behavior

Employees experiencing harassment should keep detailed records of what occurred, including dates, witnesses, and how the conduct affected their work. While reporting the behavior internally may be required in some situations, retaliation for making a complaint is illegal. When harassment continues or reporting leads to adverse treatment, legal guidance can help protect your rights and hold employers accountable.

While Alabama allows at-will employment, employers cannot fire workers for illegal reasons. Termination may be unlawful if it occurs because an employee reported discrimination, refused to participate in illegal activity, requested overtime pay, filed a wage complaint, or engaged in other legally protected conduct.

Proving wrongful termination often involves evidence such as performance records, disciplinary history, emails or messages, witness statements, and the timing of the termination relative to protected activity. Sudden firing after a complaint or report can raise serious legal concerns.

Retaliation is also prohibited. Employers cannot legally punish workers for asserting their rights, whether by firing them, cutting hours, demoting them, or creating a hostile work environment in response.

Harassment by a supervisor or coworker should never be ignored. Employees should keep detailed records of incidents, including dates, witnesses, and descriptions of what occurred. Reporting the behavior internally may be required in some situations, but retaliation for reporting harassment is illegal.

When internal complaints are ignored or when reporting the issue makes things worse, legal action may be necessary to protect your rights and stop the misconduct.

Employment claims are subject to strict deadlines that vary depending on the type of violation involved. Some claims require filing with a government agency before a lawsuit can move forward, while others may go directly to court.

Because these timelines can differ and may begin running quickly, delaying action can jeopardize your ability to recover compensation. Speaking with an attorney early helps preserve evidence and ensures deadlines are not missed.

Labor and employment cases require careful documentation, knowledge of complex regulations, and the ability to stand up to employers who may have significant resources. Morgan & Morgan represents workers in wage and hour disputes, discrimination claims, harassment cases, wrongful termination, and retaliation matters.

By reviewing pay records, employment agreements, workplace policies, and internal communications, attorneys can identify violations and pursue accountability. Whether the issue involves unpaid overtime, discriminatory treatment, or retaliation for speaking up, legal advocacy can help restore fairness and financial stability.

No one should feel forced to choose between their job and their rights. When employers violate labor and employment laws, workers deserve a path forward that protects their dignity and livelihood.

We have 35 years of experience fighting for the rights of our clients. With our The Fee is Free® promise, there are no upfront costs, and you don’t pay unless compensation is recovered. We believe that everyone deserves excellent legal representation, regardless of their financial status. 

If you believe your workplace rights have been violated in Birmingham, Morgan & Morgan is ready to help. Contact us today for a free case evaluation. When employers break the law, we fight For The People®.