Birmingham's 2015 ordinance setting a $10.10 local minimum wage was nullified by the Alabama legislature's 2016 Minimum Wage and Right-to-Work Act. The Eleventh Circuit later upheld the state preemption, leaving Birmingham workers covered only by the federal $7.25 floor.
Birmingham's City Council passed Ordinance 15-94 in 2015 raising the local minimum wage to $10.10. The Alabama legislature responded in February 2016 with HB 174, codified as AL Code Section 11-80-11, voiding all local wage ordinances. Plaintiffs sued in Lewis v. Governor of Alabama, alleging racial discrimination, and the Eleventh Circuit ultimately ruled the state law could stand. The federal Fair Labor Standards Act minimum of $7.25 per hour therefore controls in Birmingham today, and the city has no authority to require higher wages for private employers.
Wage and hour claims fall under federal FLSA enforcement through the U.S. Department of Labor, with possible recovery of back pay, liquidated damages, and attorney fees, plus state-law remedies where applicable.
Birmingham, AL
Alabama Code Section 11-80-11 preempts Birmingham from enacting any local paid sick leave, paid family leave, or scheduling mandate on private employers. Wor...
Birmingham, AL
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See how Birmingham's minimum wage preemption rules stack up against other locations.
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