HB402 Alabama 2016 Session

Summary

Primary Sponsor

Napoleon BracyRepresentative

Democrat

Session

Regular Session 2016

Title

Mobile Co., compensation, minimum wage established, civil action for violation, const. amend.

Summary

HB402 would amend Alabama's constitution to set a $10.10 per hour minimum wage for Mobile County and authorize lawsuits against employers who don't pay it.

What This Bill Does

Starting January 1, 2017, Mobile County employers must pay at least $10.10 per hour for hours worked in a pay period, regardless of how work time is tracked. If a tipped employee's combined tips and direct wages equal at least $2.13 per hour but less than $10.10, the employer must pay the difference. If the federal minimum wage is raised above $10.10, Mobile County's minimum would rise to match the federal rate. Employees can sue their employer in circuit court for violations, and the employer may owe 90 days' wages plus the difference, with reasonable attorney fees awarded to the employee if they prevail.

Who It Affects

• Employees working in Mobile County, who would be guaranteed a minimum wage of $10.10 per hour and could sue if their employer does not pay it.
• Employers operating in Mobile County, who would need to pay at least $10.10 per hour and face civil actions and penalties for noncompliance.
• Tipped workers in Mobile County, whose tips plus direct wages must total at least $10.10 per hour or the employer must cover the difference.

Key Provisions

• Section (a): Beginning January 1, 2017, Mobile County minimum wage is $10.10 per hour; employers must pay at least this rate for hours worked in a pay period.
• Section (b): If a tipped employee's combined tips and direct wages equal at least $2.13 but less than $10.10, the employer must pay the difference to reach $10.10.
• Section (c): If the federal minimum wage increases above $10.10, Mobile County's minimum wage increases to match the federal rate.
• Section (d): Employees may sue in the circuit court for violations of the amendment.
• Section (e): Employers owe 90 days' wages at the employee's daily rate plus the difference; employees may receive reasonable attorney fees if they prevail, taxed as costs to the employer.

AI-generated summary using openai/gpt-5-nano on Feb 24, 2026. May contain errors — refer to the official bill text for accuracy.

Subjects

Constitutional Amendments