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Wage Discrimination (FSLA)
All employees have the right to be free from compensation discrimination according to United States law. Equal pay requires that people, regardless of sex, receive equal pay for equal work in the same establishment. It is not necessary that the work is the exact same, but that it is substantially the same.

This means that the activities performed are similar or complementary, regardless of the title of the position.

Companies cannot pay different wages based on differences in sex, creed, nationality or any other difference. As long as the work requires the same skill, effort, time and responsibility, compensation should be equal.

In the state of Alabama, minimum wage is set at $7.25/hour by law. If an employee works more than 40 hours in a week, the employee must be paid “overtime” for each additional hour worked. Overtime is 1.5 times the hourly wage.


Hours Worked in a Week

Hourly Wage

Overtime Wage

Worker 1 40 hours $7.25 $0.00
Worker 2 40 hours/ 3 hr.s = 45 $7.25 $10.87
Worker 3 40 hours/ 8 hr.s $12.00 $18.00
Worker 4 40 hours/ 5 hr.s = 45 $10.00 $15.00

There are three types of employees that this law does not apply:

  1. Members of the company management
  2. Employee receiving tips at work
  3. Agricultural employee

Companies are not allowed to pay you a fixed amount per week unless you are employed as a manager. You can assert your rights regardless of your immigration status, since immigration status does not prevent you from making a claim.

If you have been discriminated against at work or have not been paid extra time, contact us for a free consultation. We put our experience at your disposal to assert your rights.

Affected by wage discrimination?

Contact us for a free consultation.