FOR IMMEDIATE RELEASE
February 23, 2016
ATTORNEY GENERAL STATEMENT ON ENFORCEABILITY OF BIRMINGHAM MINIMUM WAGE ORDINANCE
(MONTGOMERY) – Attorney General Luther Strange issued the following statement concerning the enforceability of the City of Birmingham’s city-wide minimum wage ordinance.
“My office has been contacted by local businesses and officials concerned about the impact of the City of Birmingham’s ordinance establishing a city-wide minimum wage of $10.10 per hour, which purports to be effective on February 24. The ordinance could impose fines and penalties on local businesses who do not comply. Because this ordinance does not provide a reasonable time for employers to prepare to comply with the new minimum wage, it could greatly disrupt the Birmingham economy.
“I am issuing this statement to prevent that disruption and to assure Birmingham businesses that, despite the terms of the ordinance, they will have a reasonable time to prepare to comply. Under Alabama law, the ordinance cannot take effect immediately. The City of Birmingham cannot impose an unreasonable restriction on the conduct of business by mandating an immediate increase in the minimum wage without providing a reasonable period of time to comply.
“The Alabama Legislature is currently addressing this issue and I expect it will be resolved shortly without adversely affecting the citizens of Birmingham.”