Employment Preemption in Birmingham, AL (2026)
2 verified employment preemption rules for Birmingham, Alabama, sourced directly from the municipal code and official government pages.
Verified from official government sources
Minimum Wage Preemption
Birmingham cannot set its own minimum wage. Ala. Code § 25-7-41 (the 2016 Alabama Uniform Minimum Wage and Right-to-Work Act) preempted local wage ordinances and explicitly nullified Birmingham's 2015 ordinance raising the wage to $10.10/hour. Alabama has no state minimum wage of its own, so the federal FLSA $7.25/hour controls. Tipped wage: $2.13/hour cash + tips.
Birmingham Minimum Wage: Alabama Preemption — 2015 Increase Struck Down
Heavy RestrictionsPaid Leave Preemption
Birmingham cannot require paid sick leave, paid family leave, or any private-employer leave benefit. Ala. Code § 25-7-41 preempts local employment-benefit mandates. Alabama has no state paid sick or paid family leave program. Only federal FMLA (unpaid, 12 weeks at 50+ employers) and voluntary employer benefits apply.
Birmingham Paid Sick Leave: Preempted by Alabama Uniform Minimum Wage Act
Heavy RestrictionsLooking for Jefferson County county-wide rules?
County ordinances apply to unincorporated areas and may supplement Birmingham city rules.
Employment Preemption in Jefferson County →