Alabama Minimum Wage Preemption Upheld (For Now)

By Lehr Middlebrooks Vreeland & Thompson, P.C.

December 13, 2019

On December 13, 2019, the full Eleventh Circuit Court of Appeals (which covers Alabama) upheld the dismissal of a lawsuit challenging the Alabama Uniform Minimum Wage Law.  In 2016, the Alabama legislature enacted the statute to preempt any attempts by local governments to set higher minimum wage rates at the local (city or county) level.  The Alabama law was passed in response to the City of Birmingham's adoption of its own minimum wage ordinance raising the minimum wage in Birmingham to $10.10 per hour.  Several low wage workers and the NAACP sued the Alabama Attorney General to challenge the state preemption law, arguing that it was racially discriminatory.  After several years of legal wrangling, the federal Court of Appeals today held that the lawsuit should be dismissed because the plaintiffs were not permitted to sue the Attorney General over the preemption law.
 
This means that the Alabama Uniform Minimum Wage law remains in effect - preempting any local attempts to raise the minimum wage.  It, however, leaves open the possibility that Birmingham low wage workers could challenge the law again as racially discriminatory by suing their employer for failing to comply with Birmingham's minimum wage ordinance.  We'll keep you updated.