reglab/statecodes huggingface dataset:
2023 Code of Alabama › Title 25 - Industrial Relations and Labor. › Chapter 4 - Unemployment Compensation. › Article 6 - Administration. › Section 25-4-110 - Powers and Duties of Secretary as to Administration of Chapter Generally.

Section 25-4-110
Powers and duties of secretary as to administration of chapter generally.
It shall be the duty of the secretary to administer this chapter. He shall have power and authority to adopt, amend, or rescind such lawful rules and regulations, to employ such persons, make such expenditures, require such reports, make such investigations, and take such other action as may be necessary or suitable to that end. The secretary shall determine his own organization and methods of procedure in accordance with the provisions of this chapter and the industrial relations law. Annually, the secretary shall submit to the Governor a summary report covering the administration and operation of this chapter during the preceding fiscal year, and make such recommendations as he deems proper. Whenever the secretary believes that a change in contribution or benefit rates will become necessary to protect the solvency of the fund, he shall at once inform the Governor and the Legislature thereof, and make recommendations accordingly. The secretary shall fully cooperate with the agencies of other states, and shall make every proper effort within his means to oppose and prevent any action which would in his judgment tend to effect complete or substantial federalization of state unemployment compensation funds or of the state employment security program.
(Acts 1939, No. 497, p. 721; Code 1940, T. 26, §227; Acts 1943, No. 310, p. 281, §12.)
2023 Code of Alabama › Title 25 - Industrial Relations and Labor. › Chapter 4 - Unemployment Compensation. › Article 6 - Administration. › Section 25-4-111 - Adoption, etc., of General Rules and Regulations.

Section 25-4-111
Adoption, etc., of general rules and regulations.
General rules interpreting or applying this chapter and affecting all, or classes of, employers, or other employing units, shall be adopted by the secretary only after a public hearing thereon, notice of which shall be published at least once, not less than 10 days prior thereto in daily newspapers published in Montgomery, Birmingham, and Mobile, Alabama, and in such other newspaper or newspapers as the secretary may prescribe. Prior to such hearing the secretary shall furnish to any person upon his application therefor a copy of the proposed general rules to be considered at the hearing. Such general rules shall, upon adoption by the secretary, be filed with the Secretary of State and, subject to the provisions of Section 25-4-112, shall take legal effect 10 days thereafter, unless a later date is specified by the secretary, which rules may be amended or repealed in the same manner as is above provided for their adoption. The secretary shall by general rule prescribe the manner in which regulations may be adopted, amended, or rescinded.
(Acts 1939, No. 497, p. 721; Code 1940, T. 26, §228.)
2023 Code of Alabama › Title 25 - Industrial Relations and Labor. › Chapter 4 - Unemployment Compensation. › Article 6 - Administration. › Section 25-4-112 - Publication and Distribution of General Rules and Regulations, Etc.

Section 25-4-112
Publication and distribution of general rules and regulations, etc.
The secretary shall cause to be printed in proper form for distribution to the public the text of this chapter, general rules, his annual report to the Governor and any other material he deems relevant and suitable, and shall furnish the same to any person upon application therefor, and such printing and availability upon application shall be deemed a sufficient publication of the same. Copies of all general rules and regulations, as and when adopted, amended or repealed, shall be forwarded by the secretary to all employers subject to this chapter, who request in writing that they be placed on the mailing list therefor. Such rules and regulations shall in no event become effective until after the requirements of this section have been complied with.
(Acts 1939, No. 497, p. 721; Code 1940, T. 26, §229.)
2023 Code of Alabama › Title 25 - Industrial Relations and Labor. › Chapter 4 - Unemployment Compensation. › Article 6 - Administration. › Section 25-4-113 - Employees; Immunity From Civil Suit; Exception.

Section 25-4-113
Employees; immunity from civil suit; exception.
The secretary shall, with the approval of the Governor, determine the number of employees needed for the efficient and economical performance of the functions and duties of administering this chapter. All positions in the administration of this chapter shall be filled subject to the provisions of the Merit System. The minimum standards that may be prescribed by the United States Secretary of Labor or his successor with respect to the selection and classification of officers and employees engaged in the performance of any of the functions and duties of the Department of Labor having to do with the administration of this chapter in this state shall be observed. The secretary shall fix the duties and powers of all persons thus employed, and may authorize any such person to do any act or acts which could lawfully be done by the secretary. The secretary, his employees and members of the board of appeals shall be immune from civil suits for damages in their individual capacities for acts in the performance of their duties under this chapter other than for wanton or malicious conduct.
(Acts 1939, No. 497, p. 721; Code 1940, T. 26, §230; Acts 1980, No. 80-756, p. 1561, §4.)
2023 Code of Alabama › Title 25 - Industrial Relations and Labor. › Chapter 4 - Unemployment Compensation. › Article 6 - Administration. › Section 25-4-114 - Advisory Council.

Section 25-4-114
Advisory council.
The Governor shall appoint an advisory council of not less than nine members, composed of equal numbers of employer representatives and employee representatives, who may be fairly regarded as representative because of their vocation, employment, or affiliations, and of members representing the public generally. Such council shall aid the secretary in formulating policies and discussing problems related to the administration of this chapter, and in assuring impartiality and freedom from political influence in the solution of such problems, and shall perform such other duties and functions as may be assigned to it by the secretary, and as it may, on its own initiative, undertake within the limits of this section. Such advisory council shall serve at the pleasure of the Governor, and without compensation, but shall be reimbursed for any necessary expenses pursuant to Article 2 of Chapter 7 of Title 36. Said council shall from time to time prepare recommendations as to the administration of this chapter, and as to changes, amendments, or modifications of such acts and laws of the State of Alabama, and particularly this chapter, as such council may deem proper, and said recommendations shall be submitted to the Governor and to the Legislature at its next session and at such succeeding sessions.
(Acts 1939, No. 497, p. 721; Code 1940, T. 26, §231.)
2023 Code of Alabama › Title 25 - Industrial Relations and Labor. › Chapter 4 - Unemployment Compensation. › Article 6 - Administration. › Section 25-4-115 - Duties of Secretary, etc., With Respect to Reduction of Unemployment, Etc.

Section 25-4-115
Duties of secretary, etc., with respect to reduction of unemployment, etc.
It shall be one of the purposes of this chapter to promote the regularization of employment in enterprises, localities, industries, and the state. The secretary, with the advice and aid of the advisory council, shall take all appropriate steps within his means to reduce and prevent unemployment; to encourage and assist in the adoption of practical methods of vocational training, retraining, and vocational guidance; to investigate, recommend, advise, and assist in the establishment and operation, by municipalities, counties, school districts, and the state, of reserves for public works to be used in times of business depression and unemployment; to promote the reemployment of unemployed workers throughout the state in every other way that may be feasible; and, to these ends, to employ experts and to carry on and publish the results of investigations and research studies.
(Acts 1939, No. 497, p. 721; Code 1940, T. 26, §232.)
2023 Code of Alabama › Title 25 - Industrial Relations and Labor. › Chapter 4 - Unemployment Compensation. › Article 6 - Administration. › Section 25-4-116 - Records and Reports of Employing Units.

Section 25-4-116
Records and reports of employing units.
Every employing unit shall keep true and accurate work records containing such information as is necessary for the administration of this chapter. Such records shall be open to inspection and be subject to being copied by the secretary or his authorized representatives at any reasonable time and as often as may be necessary. The secretary, an appeals tribunal, any member of the board of appeals created by the industrial relations law, or any authorized representative of the secretary may require from such employer or employing unit such reports covering persons employed by him or it, or employment, wages, hours, unemployment, and related matters as are necessary to the effective administration of this chapter. Information thus obtained shall be held confidential, except to the extent necessary for the proper presentation of the contest of a claim, and shall not be published or be open to public inspection in any manner revealing the employers' or employing units' identity. Any person violating any provision of this section shall be fined not less than $20.00 nor more than $200.00 or imprisoned for not longer than 30 days or both. All letters, reports, communications, and other matters, written or oral, from employer or employee to each other or to the secretary or any of his agents, representatives, or employees, or to any official or board functioning under this chapter, which shall have been written, sent, delivered, or made in connection with the requirements and administration of this chapter, shall be absolutely privileged and shall not be made the subject matter or basis for any civil action for slander or libel in any court. The secretary may cause to be made such summaries, compilations, photographs, duplications, or reproductions of any records, reports or transcripts thereof or cancelled benefit payment checks as he may deem advisable for the effective and economical preservation of the information contained therein, and such summaries, compilations, photographs, duplications, or reproductions, duly authenticated, shall be admissible in any proceeding under this chapter if the original record or records would have been admissible therein. The secretary may provide by regulations for the destruction or disposition, after reasonable periods, of any records, reports, transcripts, or reproductions thereof or other papers in his custody, the preservation of which is no longer necessary for the establishment of contribution liability or benefit rights or for any purpose necessary for the proper administration of this chapter, including any required audit thereof.
(Acts 1939, No. 497, p. 721; Code 1940, T. 26, §233; Acts 1943, No. 310, p. 281, §13.)
2023 Code of Alabama › Title 25 - Industrial Relations and Labor. › Chapter 4 - Unemployment Compensation. › Article 6 - Administration. › Section 25-4-117 - Representation in Court Actions.

Section 25-4-117
Representation in court actions.
The secretary and the state, in any court action relating to this chapter or its administration and enforcement, shall be represented by any qualified attorney regularly employed by the Department of Labor, and who is designated by the secretary for such purpose; provided, however, that the secretary may request the Attorney General or such special counsel as he deems necessary to represent him in any such action.
(Acts 1939, No. 497, p. 721; Code 1940, T. 26, §234.)
2023 Code of Alabama › Title 25 - Industrial Relations and Labor. › Chapter 4 - Unemployment Compensation. › Article 6 - Administration. › Section 25-4-119 - Compromise or Waiver of Civil Penalties or Interest Charges.

Section 25-4-119
Compromise or waiver of civil penalties or interest charges.
The secretary may compromise or waive any civil penalty or interest charge arising under the provisions of this chapter instead of commencing a civil action thereon and may compromise any such penalty or interest charge after a civil action thereon has been commenced. In such cases the secretary shall keep on file in the office of the Department of Labor at Montgomery, Alabama, the reasons for settlement by compromise, together with a statement of the amount of contribution imposed, the amount of additional contribution or penalty or interest imposed by law in consequence of neglect or delinquency, and the amount actually paid in accordance with the terms of the compromise.
(Acts 1939, No. 497, p. 721; Code 1940, T. 26, §236.)
2023 Code of Alabama › Title 25 - Industrial Relations and Labor. › Chapter 4 - Unemployment Compensation. › Article 6 - Administration. › Section 25-4-121 - This Section Was Assigned by the Code Commissioner in the 2021 Regular Session, Effective July 1, 2021. This Is Not in the Current Code Supplement.

Section 25-4-121
Maximization of unemployment compensation benefits during a statewide state of emergency.
THIS SECTION WAS REPEALED IN THE 2022 REGULAR SESSION BY ACT 2022-197 EFFECTIVE JULY 1, 2022. THIS IS NOT IN THE CURRENT CODE SUPPLEMENT.
(a) If the Governor or the Legislature proclaims a statewide state of emergency pursuant to Section 31-9-8, the Alabama Department of Labor shall work with the federal government in maximizing unemployment compensation benefits.
(b) The Alabama Department of Labor shall adopt rules as necessary to implement this section.
(Act 2021-6, §3.)
2023 Code of Alabama › Title 25 - Industrial Relations and Labor. › Chapter 4 - Unemployment Compensation. › Article 7 - General Provisions. › Section 25-4-131 - Election of Coverage Under Chapter by Employing Units and Political Subdivisions.

Section 25-4-131
Election of coverage under chapter by employing units and political subdivisions.
(a) Any employing unit (except one whose employment is specifically exempt under the provisions of subsection (b) of Section 25-4-10) not otherwise subject to this chapter which files with the secretary its written election to become an employer subject hereto for not less than two calendar years shall, with the written approval of such election by the secretary, become an employer subject hereto to the same extent as all other employers as of the date stated in such approval.
(b) Prior to January 1, 1978, any political subdivision of this state may elect at the beginning of any calendar quarter beginning on or after January 1, 1972, for a period of not less than two calendar years, to cover under this chapter service performed by employees in all of the hospitals and institutions of higher education, as defined in subsections (c) and (e) of Section 25-4-10, operated by such political subdivision. Election is to be made by filing with the secretary a notice of such election at least 30 days prior to the effective date of such election.
(Acts 1939, No. 497, p. 721; Code 1940, T. 26, §225; Acts 1943, No. 310, p. 281, §11; Acts 1945, No. 283, p. 449, §11; Acts 1955, No. 30, p. 249; Acts 1965, No. 390, p. 548, §7; Acts 1971, No. 166, p. 440, §14; Acts 1978, 1st Ex. Sess., No. 1, p. 5, §10.)
2023 Code of Alabama › Title 25 - Industrial Relations and Labor. › Chapter 4 - Unemployment Compensation. › Article 7 - General Provisions. › Section 25-4-132 - Assessment of Interest on Delinquent Contribution Payments.

Section 25-4-132
Assessment of interest on delinquent contribution payments.
Contributions unpaid on the date when they are due and payable, as provided in this chapter, or as may be provided by rules or regulations in this chapter, shall bear interest at the rate of one percent per month from and after such date until payment is received by the secretary.
(Acts 1939, No. 497, p. 721; Code 1940, T. 26, §238.)
2023 Code of Alabama › Title 25 - Industrial Relations and Labor. › Chapter 4 - Unemployment Compensation. › Article 7 - General Provisions. › Section 25-4-133 - Penalties for Delinquent Contribution Payments and Reports.

Section 25-4-133
Penalties for delinquent contribution payments and reports.
(a) Any employer without good cause failing to pay any contribution within the time required by this chapter or the rules and regulations of the secretary shall be required by the secretary to pay, in addition thereto, a penalty of 10 percent of the amount thereof, together with interest on said contributions at the rate prescribed in Section 25-4-132. If the failure to pay on the part of the employer is due to fraud, an additional penalty of 15 percent shall be assessed against, and collected from, such defaulting employer.
(b) Any employer without good cause failing to file any quarterly wage and contribution report within the time required by this chapter or the rules and regulations of the secretary shall be required by the secretary to pay a penalty of twenty-five dollars ($25) or 10 percent of the net contributions due, whichever is greater, for his or its failure to file such report when due. Such penalty shall be in addition to any penalty assessed under the provisions of subsection (a) of this section and shall apply to each delinquent report separately. The penalty shall become effective for delinquent reports for calendar quarters which begin on or after January 1, 1996. For years prior to January 1, 1996, the penalty shall be as was provided in this section prior to January 1, 1996.
(Acts 1939, No. 497, p. 721; Code 1940, T. 26, §239; Acts 1973, No. 1057, p. 1716, §8; Acts 1995, No. 95-311, p. 582, §2.)
2023 Code of Alabama › Title 25 - Industrial Relations and Labor. › Chapter 4 - Unemployment Compensation. › Article 7 - General Provisions. › Section 25-4-135 - Effect of Bankruptcy or Liquidation of Employer.

Section 25-4-135
Effect of bankruptcy or liquidation of employer.
In the event of bankruptcy of any employer, or of liquidation of an employer under any law of this state by reason of insolvency or inability to pay his debts, the amount due for contributions on behalf of the employer shall have the same status and priority as other taxes due the state; provided, that in the event of an employer's adjudication in bankruptcy, a judicially confirmed extension proposal or a composition of creditors under the Federal Bankruptcy Act of 1898, as amended, contributions then or thereafter due shall be entitled to such priority as is provided therein for other taxes due and owing this state.
(Acts 1939, No. 497, p. 721; Code 1940, T. 26, §241.)
2023 Code of Alabama › Title 25 - Industrial Relations and Labor. › Chapter 4 - Unemployment Compensation. › Article 7 - General Provisions. › Section 25-4-136 - Secretary May Extend Time for Payment of Contributions.

Section 25-4-136
Secretary may extend time for payment of contributions.
The secretary, for good cause may extend the time for payment of any contributions required by this chapter, without interest or penalty, for a period not to exceed 90 days, subject to such conditions and restrictions as the secretary may impose.
(Acts 1939, No. 497, p. 721; Code 1940, T. 26, §242.)
2023 Code of Alabama › Title 25 - Industrial Relations and Labor. › Chapter 4 - Unemployment Compensation. › Article 7 - General Provisions. › Section 25-4-137 - Adjustments or Refunds.

Section 25-4-137
Adjustments or refunds.
(a) If, not later than four years after the date on which any contributions, penalties, or interest became due, an employer who has paid such contributions, penalties, or interest thereon shall make application for an adjustment thereof in connection with subsequent contribution payments, or for a refund thereof because such adjustment cannot be made, and the secretary shall determine that such contributions, penalties, or interest, or any portion thereof, was erroneously collected, the secretary shall allow such employer to make an adjustment thereof in connection with subsequent contribution liability, or, if such adjustment cannot be made, the secretary may refund such contributions, interest, and penalties from the clearing account. Any refund of interest and/or penalties which have been transferred to the Special Employment Security Administration Fund shall be made from the Special Employment Security Administration Fund, provided for in Section 25-4-142. If the secretary shall deny, in whole or in part, any such application, the applicant may within 60 days after notice of such action, to be given by the secretary by mail, appeal to the circuit court of the county wherein is the principal place of business of the applicant, and the trial in that court shall be without a jury, and the court shall render such judgment as the facts and circumstances warrant. For like cause and within four years, adjustment or refund may be made on the secretary's own initiative.
(b) The amount of any adjustments or refunds made under this section shall be reduced by the sum of any benefits that shall have been paid based on the wages on which contributions are to be refunded. Such reduction shall be made first from the employee contributions withheld from wages of those employees to whom such benefits were paid and the remainder from the employer contributions; provided, however, that no such reduction in the amount of any adjustment or refund under this section shall be made if such contributions were paid under protest and such benefits were paid prior to final adjudication of such protest.
(c) Before any adjustment or refund may be made under the provisions of this section, the employer must conform to applicable rules and regulations of the secretary with respect to the refund to the employees entitled thereto of any moneys deducted by the employer in accordance with the provisions of this chapter.
(Acts 1939, No. 497, p. 721; Code 1940, T. 26, §243; Acts 1963, 2nd Ex. Sess., No. 151, p. 340, §3; Acts 1965, No. 390, p. 548, §8.)
2023 Code of Alabama › Title 25 - Industrial Relations and Labor. › Chapter 4 - Unemployment Compensation. › Article 7 - General Provisions. › Section 25-4-138 - Agreement to Waive Right to Benefits; Agreement to Pay Employer's Contributions; Reduction of Wages to Finance Employer's Contributions.

Section 25-4-138
Agreement to waive right to benefits; agreement to pay employer's contributions; reduction of wages to finance employer's contributions.
Any agreement by an employee to waive or release his rights to benefits or any other rights under this chapter shall be void. Any agreement by an employee to pay all or any portion of his employer's contributions, required under this chapter from such employer, shall be void. No employer shall directly or indirectly make or require or accept any reduction from wages to finance the employer's contributions required of him, or require or accept any waiver of any right hereunder by any employee in his employ. Any employer or officer or agent of an employer who violates any provision of this section shall be guilty of a misdemeanor and upon conviction, for each offense be fined not less than $25.00 nor more than $100.00 or be imprisoned for not more than 60 days, or both.
(Acts 1939, No. 497, p. 721; Code 1940, T. 26, §244.)
2023 Code of Alabama › Title 25 - Industrial Relations and Labor. › Chapter 4 - Unemployment Compensation. › Article 7 - General Provisions. › Section 25-4-139 - Fees in Proceedings Under Chapter.

Section 25-4-139
Fees in proceedings under chapter.
No individual shall be charged fees of any kind by the secretary or his representatives, in any proceeding under this chapter. Any individual claiming benefits in any proceeding or court action may be represented by counsel or other duly authorized agent but no such counsel or agents shall together charge or receive for such services more than 10 percent of the maximum benefits at issue in such proceeding or court action.
(Acts 1939, No. 497, p. 721; Code 1940, T. 26, §245.)
2023 Code of Alabama › Title 25 - Industrial Relations and Labor. › Chapter 4 - Unemployment Compensation. › Article 7 - General Provisions. › Section 25-4-140 - Certain Assignments, etc., of Right to Benefits Void; Exemption From Attachment, etc.; Exception.

Section 25-4-140
Certain assignments, etc., of right to benefits void; exemption from attachment, etc.; exception.
Any assignment, pledge, or encumbrance of any right to benefits which are or may become due or payable under this chapter, except as is provided by this chapter, shall be void, and such rights to benefits shall be exempt from levy, execution, attachment, or any other remedy whatsoever provided for the collection of debts. Any waiver of any exemption herein provided, unless expressly permitted by this section, shall be void.
(Acts 1939, No. 497, p. 721; Code 1940, T. 26, §246; Acts 1982, No. 82-370, p. 524, §2.)
2023 Code of Alabama › Title 25 - Industrial Relations and Labor. › Chapter 4 - Unemployment Compensation. › Article 7 - General Provisions. › Section 25-4-143 - Appropriations.

Section 25-4-143
Appropriations.
All moneys in the Unemployment Administration Fund, the Special Employment Security Administration Fund, the Special Federal Advance Interest Repayment Fund and the Employment Security Enhancement Fund, or any appropriated by the state or granted by the federal government in accordance with the provisions of the Wagner-Peyser Act or other federal or state laws at any time are hereby appropriated to the secretary for the administration of this chapter.
(Acts 1939, No. 497, p. 721; Code 1940, T. 26, §249; Acts 1988, 1st Ex. Sess., No. 88-783, p. 195, §4; Acts 1992, No 92-174, p. 285, §6.)
2023 Code of Alabama › Title 25 - Industrial Relations and Labor. › Chapter 4 - Unemployment Compensation. › Article 7 - General Provisions. › Section 25-4-144 - Reservation of Right to Repeal or Amend Chapter.

Section 25-4-144
Reservation of right to repeal or amend chapter.
The Legislature reserves the right to amend or repeal all or any part of this chapter at any time. There shall be no vested private right of any kind against such amendment or repeal. All the rights, privileges or immunities conferred by this chapter or by acts done pursuant thereto shall exist subject to the power of the Legislature to amend or repeal this chapter at any time.
(Acts 1939, No. 497, p. 721; Code 1940, T. 26, §250.)
2023 Code of Alabama › Title 25 - Industrial Relations and Labor. › Chapter 4 - Unemployment Compensation. › Article 7 - General Provisions. › Section 25-4-146 - Certain Employees of Department of Labor Constituted Peace Officers to Enforce Unemployment Compensation Law and Other Specified State Criminal Laws.

Section 25-4-146
Certain employees of Department of Labor constituted peace officers to enforce unemployment compensation law and other specified state criminal laws.
(a) Employees of the Department of Labor classified as unemployment insurance claims investigators and those supervisors charged with the direct enforcement of the fraud provisions of the Alabama Unemployment Compensation Law, as designated in writing by the Secretary of the Department of Labor, are hereby constituted peace officers of the State of Alabama with full and unlimited police powers and jurisdiction as any other state police officers in this state, to enforce the provisions of the Alabama Unemployment Compensation Law and those provisions of state criminal law relating to forgery, larceny, embezzlement, and fraud when the offense of forgery, larceny, embezzlement, or fraud is directly related to a check issued by the Department of Labor or a check issued in conjunction with a program administered by the Department of Labor and to maintain order in offices operated by said department.
(b) All claim investigators given arrest powers by this section shall be required to comply with the minimum standard requirements now in effect relating to state troopers and deputy sheriffs in this state.
(Acts 1971, No. 1142, p. 1966, §1; Acts 1981, No. 81-565, p. 950.)
2023 Code of Alabama › Title 25 - Industrial Relations and Labor. › Chapter 4 - Unemployment Compensation. › Article 7 - General Provisions. › Section 25-4-147 - Arrest Fee; Disposition of Fees Collected.

Section 25-4-147
Arrest fee; disposition of fees collected.
In all cases where arrests are made by any of said unemployment insurance fraud investigators or other supervisors charged with the direct enforcement of the fraud provisions of the law, as designated in writing by the secretary of the department, designated by Section 25-4-146 as peace officers, an arrest fee of $5.00 for an arrest resulting in a conviction shall be collected by the proper authorities and promptly turned over to the Secretary of Labor, who shall pay the same into the State Treasury to the credit of the Department of Labor's unemployment compensation agency's interest and penalty fund.
(Acts 1971, No. 1142, p. 1966, §2.)
2023 Code of Alabama › Title 25 - Industrial Relations and Labor. › Chapter 4 - Unemployment Compensation. › Article 7 - General Provisions. › Section 25-4-148 - Disposition of Trust Funds, etc., in Event of Invalidity of Provisions Pertaining to Payment of Contributions and Benefits.

Section 25-4-148
Disposition of trust funds, etc., in event of invalidity of provisions pertaining to payment of contributions and benefits.
If at any time the Governor shall find that the provisions of this chapter requiring the payment of contributions and benefits have been held invalid under the Constitution of this state by the Supreme Court of this state or under the United States Constitution by the Supreme Court of the United States in such manner that any person or concern required to pay contributions under this chapter might secure a similar decision, or that the tax imposed by Title IX of the Social Security Act, as amended, or any other federal tax against which contributions under this chapter may be credited has been amended or repealed by Congress or has been held unconstitutional by the Supreme Court of the United States, with the result that no portion of the contributions required by this chapter may be credited against such federal tax, the Governor shall publicly so proclaim and upon the date of such proclamation the provisions of this chapter requiring the payment of contributions and benefits shall be suspended. The secretary (and for the purposes of this section, the secretary shall remain or become the agency for carrying out the provisions hereof) shall thereupon forthwith requisition from the Unemployment Trust Fund all moneys therein standing to its credit and shall direct the Treasurer to deposit such moneys, together with any other moneys in the fund, as a special fund in any banks or public depositories in this state in which general funds of the state may be deposited. The secretary shall thereupon forthwith and within 60 days after receipt of such moneys, refund, without interest and in accordance with regulations prescribed by him, to each person or concern by whom contributions have been paid, his pro rata share of the total contributions paid under this chapter. After the expiration of said 60 days, the duties imposed by this section upon said secretary shall cease and determine and all powers conferred and duties imposed not then executed shall be conferred upon and executed by the Treasurer. Any interest or earnings of the fund shall be available to the secretary to pay for the costs of making such refunds. When the secretary shall have executed the duties prescribed in this section and performed such other acts as are incidental to the termination of his duties under this chapter, the Governor shall by proclamation declare that the provisions of this chapter shall cease to be operative.
(Acts 1939, No. 497, p. 721; Code 1940, T. 26, §252.)
2023 Code of Alabama › Title 25 - Industrial Relations and Labor. › Chapter 4 - Unemployment Compensation. › Article 7 - General Provisions. › Section 25-4-149 - Appropriation of Funds for Payment of Benefits for State Employees Generally.

Section 25-4-149
Appropriation of funds for payment of benefits for state employees generally.
Such moneys as are needed to pay the state's portion of benefits provided in this chapter are hereby appropriated from such funds as the salaries of the several state's employees are paid.
(Acts 1978, 1st Ex. Sess., No. 1, p. 5, §12.)
2023 Code of Alabama › Title 25 - Industrial Relations and Labor. › Chapter 4 - Unemployment Compensation. › Article 7 - General Provisions. › Section 25-4-150 - Payment of Fringe Benefits for Employees of Local Boards of Education.

Section 25-4-150
Payment of fringe benefits for employees of local boards of education.
Such moneys as are necessary to finance the fringe benefit costs for employees of local boards of education shall be paid by the local board of education from such funds as the salaries of the local boards' of education employees are paid.
(Acts 1978, 1st Ex. Sess., No. 1, p. 5, §13; Acts 1995, No. 95-314, p. 634, §50.)
2023 Code of Alabama › Title 25 - Industrial Relations and Labor. › Chapter 4 - Unemployment Compensation. › Article 7 - General Provisions. › Section 25-4-151 - Effect of Challenges to or Invalidation of Federal Unemployment Compensation Amendments of 1976.

Section 25-4-151
Effect of challenges to or invalidation of federal unemployment compensation amendments of 1976.
In the event any portion of Section 115 of the unemployment compensation amendments of 1976 (Public Law 94-566, 94th Congress, dated October 20, 1976), as it applies to the requirement for states to provide coverage of certain services performed for local governmental entities under the various states' unemployment compensation law, is determined to be unconstitutional or invalid in a final adjudication by the courts of the United States, then from and after the date of such final adjudication, no local governmental entity of any county or municipality in the State of Alabama or their instrumentalities, or any separate public primary and secondary school system, as defined in Section 25-4-10, shall be required to participate in the unemployment compensation program; provided, that nothing herein shall be construed as invalidating the entitlement of such entities to elect coverage for their hospitals or institutions of higher education; provided further, that nothing herein shall be construed as relieving any entity of the responsibility for any contributions or payments in lieu of contributions incurred during the period prior to the date of the final adjudicational determination by the courts; provided further, that in the event any local governmental entity shall become a part of any suit in the courts of the United States challenging the constitutionality of the provisions of Section 115 of PL 94-566 and such court, of competent jurisdiction, shall temporarily stay the implementation of said provision of federal law, then during the effective period of such stay, the coverage of said services shall be stayed in this state but shall be applicable only to those entities that are, or are made, a party to the suit or included in the stay.
(Acts 1978, 1st Ex. Sess., No. l, p. 5, §16.)
2023 Code of Alabama › Title 25 - Industrial Relations and Labor. › Chapter 4 - Unemployment Compensation. › Article 7 - General Provisions. › Section 25-4-153 - Procedures Exclusive.

Section 25-4-153
Procedures exclusive.
The procedures provided for in this article and Article 3, commencing with Section 25-4-50, for the making of determinations with respect to contribution rates and payments, and for appealing from such determinations, shall be exclusive.
(Act 2021-6, §2.)
2023 Code of Alabama › Title 25 - Industrial Relations and Labor. › Chapter 5 - Workers' Compensation. › Article 1 - General Provisions. › Section 25-5-2 - Powers and Duties of Secretary of Labor With Respect to Administration of Chapter Generally; "Director" Defined.

Section 25-5-2
Powers and duties of Secretary of Labor with respect to administration of chapter generally; "director" defined.
The Secretary of Labor of the State of Alabama shall gather statistics on accidents and their causes and shall generally be responsible for the efficient administration of this chapter. To this end, the secretary shall make the necessary investigations and examinations in connection with the settlement of all workers' compensation claims. As used in this chapter, the word "secretary" shall mean the Secretary of the "Department of Labor".
(Code 1923, §7589; Acts 1939, No. 661, p. 1036, §9; Code 1940, T. 26, §264; Acts 1992, No. 92-537, p. 1082, §3.)
2023 Code of Alabama › Title 25 - Industrial Relations and Labor. › Chapter 5 - Workers' Compensation. › Article 1 - General Provisions. › Section 25-5-3 - Secretary to Prepare and Distribute Forms, Etc.

Section 25-5-3
Secretary to prepare and distribute forms, etc.
The secretary shall prepare and cause to be printed, at the expense of the state, and to be paid for as other supplies are paid for, and upon request furnish free sample copies to any employer or employee the blank forms and literature as he or she shall deem requisite to facilitate or promote the efficient administration of Articles 2, 3, and 4 of this chapter, other than the papers relating to court proceedings. The secretary shall adopt and cause a standardized claim reimbursement form to be used by providers. The secretary shall also assist providers in developing a system for electronic reporting, billing, and payment in workers' compensation cases. Standardized claim reimbursement forms for physicians licensed to practice medicine and for other providers shall be approved by the secretary and the Workers' Compensation Medical Services Board. If the board and the secretary are unable to agree on a standardized claim reimbursement form for physicians within three months following May 19, 1992, then the form shall be established under Section 27-1-16.
(Code 1923, §7590; Acts 1939, No. 661, p. 1036, §10; Code 1940, T. 26, §265; Acts 1992, No. 92-537, p. 1082, §4.)
2023 Code of Alabama › Title 25 - Industrial Relations and Labor. › Chapter 5 - Workers' Compensation. › Article 1 - General Provisions. › Section 25-5-4 - Reports and Records of Injuries for Which Compensation Claimed.

Section 25-5-4
Reports and records of injuries for which compensation claimed.
An employer shall keep a record of all injuries, fatal or otherwise, received by his or her employees arising out of and in the course of their employment and for which compensation is claimed or paid. Within 15 days after the occurrence of the injuries and knowledge thereof by the employer, a report of the same shall be made to the department on forms approved by the department. At the discretion of the secretary, reports received under this chapter may be destroyed after 12 years.
(Code 1923, §7591; Acts 1939, No. 661, p. 1036, §11; Code 1940, T. 26, §266; Acts 1957, No. 334, p. 436; Acts 1992, No. 92-537, p. 1082, §5.)
2023 Code of Alabama › Title 25 - Industrial Relations and Labor. › Chapter 5 - Workers' Compensation. › Article 1 - General Provisions. › Section 25-5-5 - Reports of Settlements.

Section 25-5-5
Reports of settlements.
Every employer shall, within 10 days after the settlement of any case, other than a settlement approved by the court, make a report thereof in writing, giving the details of such settlement, and shall mail the same to the Department of Labor on forms approved by said department.
(Code 1923, §7592; Acts 1939, No. 661, p. 1036, §12; Code 1940, T. 26, §267.)
2023 Code of Alabama › Title 25 - Industrial Relations and Labor. › Chapter 5 - Workers' Compensation. › Article 1 - General Provisions. › Section 25-5-6 - Circuit Court Clerks to Report Disposition of Cases.

Section 25-5-6
Circuit court clerks to report disposition of cases.
The clerk of the circuit court shall, within 10 days after the disposition of any case in his court, make a report in writing, giving the details of such disposition, and shall mail the same to the Department of Labor on forms approved by said department.
(Code 1923, §7593; Acts 1939, No. 661, p. 1036, §13; Code 1940, T. 26, §268.)
2023 Code of Alabama › Title 25 - Industrial Relations and Labor. › Chapter 5 - Workers' Compensation. › Article 1 - General Provisions. › Section 25-5-7 - Supplementary Reports as to Initiation, Cessation, etc., of Compensation Payments.

Section 25-5-7
Supplementary reports as to initiation, cessation, etc., of compensation payments.
In all cases, upon making the first payment of compensation and upon cessation or termination of payment of compensation, for any reason whatever, the employer shall make a supplementary report within 10 days to the Department of Labor on forms approved by said department. If the first installment of compensation is not paid within 30 days after the employer has knowledge of a claim for compensation, the employer shall file a report, within 10 days of the expiration of the 30-day period, setting out the reason for such nonpayment with the Department of Labor on forms approved by said department.
(Code 1923, §7594; Acts 1939, No. 661, p. 1036, §14; Code 1940, T. 26, §269; Acts 1949, No. 36, p. 47; Acts 1973, No. 1062, p. 1750, §6.)
2023 Code of Alabama › Title 25 - Industrial Relations and Labor. › Chapter 5 - Workers' Compensation. › Article 1 - General Provisions. › Section 25-5-9 - Pooling of Employers' Liabilities for Qualification as Self-Insurers.

Section 25-5-9
Pooling of employers' liabilities for qualification as self-insurers.
(a) The Secretary of Labor may, under such rules and regulations as he may prescribe, permit two or more employers, as such term is defined in Section 25-5-1, to enter into agreements to pool their liabilities under this chapter for the purpose of qualifying as self-insurers under this chapter. Each employer member of such approved group shall be authorized to operate as a self-insurer under this chapter.
(b) Two or more employer groups as described in (a) above may enter into agreements to pool their liabilities under this chapter for the purpose of providing excess coverage above the self-insured retention levels maintained by the individual employer groups.
(c) This section is supplemental and shall insofar as possible be construed in pari materia with this chapter; however, any law or part thereof in conflict herewith is repealed.
(Acts 1965, No. 407, p. 587; Acts 1987, No. 87-559, p. 842.)
2023 Code of Alabama › Title 25 - Industrial Relations and Labor. › Chapter 5 - Workers' Compensation. › Article 1 - General Provisions. › Section 25-5-10 - Liabilities of Persons Engaged in Schemes, etc., to Avoid Liability to Workers.

Section 25-5-10
Liabilities of persons engaged in schemes, etc., to avoid liability to workers.
(a) A person who creates or carries into operation any fraudulent scheme, artifice, or device to execute work without being responsible to the worker for the benefits provided by this chapter shall be included in the term "employer" and shall be subject to all the liabilities of employers under this chapter.
(b) When compensation is claimed from or proceedings taken against a person under subsection (a) of this section, the compensation shall be calculated with reference to the wage the worker was receiving from the person by whom he or she was immediately employed at the time of the injury.
(c) The employer shall not be liable or required to pay compensation for injuries due to the acts or omissions of third persons not at the time in the service of the employer nor engaged in the work in which the injury occurs, except as provided in Section 25-5-11.
(Acts 1919, No. 245, p. 206; Code 1923, §7585; Code 1940, T. 26, §310; Acts 1992, No. 92-537, p. 1082, §7.)
2023 Code of Alabama › Title 25 - Industrial Relations and Labor. › Chapter 5 - Workers' Compensation. › Article 1 - General Provisions. › Section 25-5-11.1 - Employee Not to Be Terminated Solely for Action to Recover Benefits nor for Filing Notice of Safety Rule Violation.

Section 25-5-11.1
Employee not to be terminated solely for action to recover benefits nor for filing notice of safety rule violation.
No employee shall be terminated by an employer solely because the employee has instituted or maintained any action against the employer to recover workers' compensation benefits under this chapter or solely because the employee has filed a written notice of violation of a safety rule pursuant to subdivision (c)(4) of Section 25-5-11.
(Acts 1984, 2nd Ex. Sess., No. 85-41, p. 44, §11.)
2023 Code of Alabama › Title 25 - Industrial Relations and Labor. › Chapter 5 - Workers' Compensation. › Article 1 - General Provisions. › Section 25-5-12 - Chief Justice of Supreme Court to Prepare Uniform Rules for Circuit Courts.

Section 25-5-12
Chief Justice of Supreme Court to prepare uniform rules for circuit courts.
The Chief Justice of the Supreme Court of Alabama, from time to time as he deems it is necessary, may prepare uniform rules for the circuit judges and circuit courts which may be necessary for carrying out the provisions of this chapter, including such forms for orders and judgments as said Chief Justice of the Supreme Court deems best. Such rules and forms when so prepared and promulgated by the chief justice shall be followed and used by the said judges and courts.
(Acts 1919, No. 245, p. 206; Code 1923, §7588; Code 1940, T. 26, §313.)