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.
In August 2015, Birmingham City Council adopted Ordinance No. 15-110 raising the local minimum wage to $10.10/hour in two phases. The Alabama Legislature responded with HB 174 (Act 2016-18), codified at Ala. Code § 25-7-41 — the Alabama Uniform Minimum Wage and Right-to-Work Act — signed into law February 25, 2016. Section 25-7-41 expressly preempts any local government in Alabama from establishing or mandating a minimum wage, vacation, or leave benefit beyond state or federal law. The state law nullified Birmingham's $10.10 ordinance the day it took effect. The Eleventh Circuit upheld the preemption against an Equal Protection challenge in Lewis v. Governor of Alabama, 944 F.3d 1287 (11th Cir. 2019) (en banc). Alabama has no state minimum wage statute, so federal FLSA $7.25 governs (29 U.S.C. § 206).
Because Alabama lacks its own minimum wage, all minimum wage enforcement is federal under FLSA. U.S. DOL Wage & Hour Division remedies (29 U.S.C. § 216(b)) include back wages plus equal liquidated damages for willful violations, civil money penalties up to $2,374 per repeat violation, and a 2-year statute of limitations (3 years for willful violations).
Other ordinances people look up for this city. Green dot = verified primary-source excerpt.
Birmingham, AL
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Birmingham, AL
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Birmingham, AL
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Birmingham, AL
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Birmingham, AL
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Birmingham, AL
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