Employee Privacy: Alabama

Federal law and guidance on this subject should be reviewed together with this section.

Author: J. Day Peake III, Phelps Dunbar LLP

Summary

• Employers have a legitimate interest in monitoring the workplace. The laws of Alabama balance that interest with those of employee privacy. See Alabama Right to Privacy.
• Alabama's right to privacy provides much of the foundation for the parameters of employment privacy protection. See Alabama Right to Privacy.
• Limited employee surveillance is permissible, but employers must be wary of the existing criminal statutes governing such practices. See Employee Surveillance.
• Investigations into employee history, drug tests and workplace searches must all be conducted carefully and with an awareness of the common pitfalls businesses face. See Drug Tests; Workplace Searches.
• Alabama allows the use of cannabis by qualifying individuals for medical purposes. See Medical Cannabis.
• Alabama has enacted a proof-of-vaccination ban. See COVID-19 Vaccine Documentation.
• It is important that employer safeguard private employee information kept in personnel records. See Personnel Records.