If an employer has an employee handbook, a progressive disciplinary program, or a set of written regulations that govern the terms and conditions of employment, there may be language that would protect an employee from dismissal. [2] To enter into a contract, the wording of the manual must be so clear and precise that it is an actual offer and not a mere explanation of the policy. Alabama`s child labor laws require companies to provide certain working conditions to minors, including: In the case of Ex parte Graham, the Alabama Supreme Court found that the provisions of a former employer`s personnel manual were sufficiently clear and specific to establish an offer of a unilateral employment contract. [3] Not only did the manual not contain the appropriate wording of the disclaimer, but it also contained language that excluded disciplinary action except for cause, and it established a grievance procedure that had to be followed before an employee was dismissed. There are a few exceptions to all-you-can-use. Some employees (executives, on-air TV personalities, football coaches) have written contracts. Obviously, their employment is governed by the language of their contracts. So what is the end result? The U.S. Department of Labor and the Alabama Department of Labor have formed a united front when it comes to exposing employees in independent contract clothing.
Therefore, employers should not rely on form documents and contracts that consider employees to be independent contractors if these workers do not truly fit the profile of independent contractors. Consider yourself warned: misclassification can result in civil and criminal penalties. Following the recent release of the U.S. Department of Labor`s Memorandum of Understanding (”MOU”) with the Alabama Department of Labor, employers should not sit idly by simply because they classify their employees as independent contractors. The DOL Misclassification initiative aims to prevent, detect and remedy misclassification of employees, and it has entered into similar agreements with 15 other states to pursue its mission. Alabama labor laws do not require private companies to grant paid or unpaid leave to their employees. In fact, a private employer can require an employee to vacation in Alabama. According to the letter of intent, the requirement to properly classify workers protects the rights of U.S. workers, whether or not an employer incorrectly classifies its employees as independent contractors.
The requirement for appropriate classification will also create a level playing field so that employers who refuse to play by the rules do not gain an unfair competitive advantage. To enforce the mandate, the MOU authorizes coordinated investigations between the United States. The Alabama Department of Labor and Department of Labor rely on an employer`s operations in certain priority industries (which have not yet been defined). Ministries of Labour will also cooperate and coordinate in criminal investigations, provide testimonies in support of the information exchanged, and inform each other of requests for information regarding common data under freedom of information laws. Alabama`s child labor laws are designed to govern the employment of minors, especially adolescents, in the state. These laws determine the age, time and type of work they are allowed to perform. The meaning of the term independent contractor is often not unclear to most employees. However, an employer cannot unilaterally decide that an employee is an independent contractor. The title of independent contractor makes little sense if the actual tasks of the work are closer to those of an employee. Section 1981 of the Civil Rights Act of 1866 was the first federal law in the United States to define citizenship and affirm that all citizens are equally protected by law.
It gives all U.S. citizens the same right to ”enter into and enforce contracts.” [7] Minors aged 13 and under who violate state laws on child labour may be arrested and charged as juvenile offenders. Alabama is an ”all-you-can-eat” state, which means that employees without a written employment contract can be terminated at any time for any reason. To be an independent contractor, someone would have to legally own a business. An independent contractor may not have benefits such as minimum wage, overtime, workers` compensation, health benefits, or protection from workplace harassment. State child labor laws require companies to keep a completed employee information form as well as proof of age for each minor employed by the company. In addition, employers must keep photostatic or electronic copies of a minor`s time records for the year preceding the last recorded work period for each minor worker. Employers can also be charged with a Class C offense for a first offense or a Class B offense if the company has already been caught in the act of violating state child labor laws. Employers who hire minors must post a notice of Alabama`s child labor laws in a prominent location. B for example a break room for employees. [1] Howard v. Wolff Broadcasting Corp., 611 So.
2d 307 (Ala. 1992). [2] v. Lane Trucking, Inc., 652 So. 2d 248 (Ala. 1994). [3] Ex parte Graham, 702 Sun. 2d 1215 (Ala. 1997). [4] This mutual non-contractual consideration for permanent employment was made in order to create a non-voluntary employment contract. Scott vs.
Lane, 409 Sun. 2d 791 (Ala. 1982). [5] Shaddix v. United Insurance Co. of America, 678 Sun. 2d 1097 (Ala. Civ. App.
1995); Kidder v. AmSouth Bank, N.A., 639 Sun. 2d 1361 (Ala. 1994); Smith v. Reynolds Metals, 497 Sun. 2d 93 (Ala. 1986). The common law principles and elements applicable to proof of fraud in Alabama also apply to prosecutions arising from the employment context. See Mobley v. BancTec, Inc., in which U.S. District Judge Karon Bowdre rendered a summary judgment on a breach of contract claim, citing Alabama law, but dismissed it on the basis of an employment fraud complaint. Memorandum Opinion, Mobley v.
BancTec Inc., 2:10-cv-02649-KOB (Doc. 30), 18-19. [6] 42 U.S.C§ 2000e, ff. [7] 42 U.S.C. § 1981. After the Civil War, the law was primarily intended to protect the civil rights of citizens of African descent born in the United States or brought to the United States. [8] 29 U.S. Code § 623. [9] 42 U.S.C§ 12101. [10] 29 U.S.C§ 701. [11] According to § 28. [12] 42 U.S.C.
§§ 2000ff-2000ff-11. [13] 38 U.S.C§ 4301. [14] 29 U.S.C§ 1001. [15] According to § 203. [16] According to § 206(d). [17] Brewery Petroleum Suppliers, Inc., 946 F.Supp. 926 (N.D. Ala. 1996). [18] Phillips v.
Smalley Maintenance Services, 435 Sun. 2d 705 (Ala. 1983). [19] Ala. Article 6-5-170 of the Code describes the offence of false detention as follows: ”False detention consists of the unlawful detention of the person of another person during any period during which he is deprived of his personal liberty.” See Big B., Inc.c. Cottingham, 634 So. 2d 999 (Ala. 1993).
[20] Thompson v Harvard, 235 Sun. 2d 853 (Ala. 1970); Tuesdays against…