What is the minimum wage in Alabama?
Alabama has NO state minimum wage law. Workers covered by the federal FLSA receive $7.25/hour.
1. No State Minimum Wage
The Alabama Legislature has never enacted a state minimum wage. Federal FLSA controls for most workers.
2. Federal Rate
3. Tipped Workers
Federal rules: $2.13/hour cash wage + tips bringing employee to $7.25 (29 U.S.C. § 203(m)).
4. Local Preemption — The Birmingham Saga
Alabama Code § 25-7-41 (the "Alabama Uniform Minimum Wage and Right-to-Work Act," Act 2016-18, enacted Feb. 25, 2016):
5. Lewis v. Governor of Alabama
The Birmingham preemption was challenged on Equal Protection grounds (alleging racial animus, since Birmingham's predominantly Black workforce would have benefited). The 11th Circuit held en banc in Lewis v. Governor of Alabama, 944 F.3d 1287 (11th Cir. 2019) (en banc) that the plaintiffs lacked standing to sue the Governor. On the merits in the panel decision (vacated), the court found the law facially neutral. The state preemption stands.
6. Overtime
Federal FLSA: 1.5x after 40 hours/week. No state overtime law.
7. Federal Exemptions
Standard FLSA white-collar exemptions ($684/week salary), outside sales, agricultural (small farm), seasonal.
8. No State Wage Payment Law
Alabama has no general wage payment statute requiring regular paydays or specific timing of final wages. (Limited statutes for some industries.) Workers seeking unpaid wages typically rely on common law breach of contract or federal FLSA.
9. Right-to-Work
Alabama is a right-to-work state (Ala. Const. amend. 1014, Ala. Code § 25-7-31 et seq.).
10. Enforcement
This is legal information, not legal advice.
- Your FLSA-covered employer paid below $7.25
- Your tipped wages don't reach $7.25 with tips
- You're misclassified as exempt or as an independent contractor
- Ala. Code § 25-7-41
- Ala. Code § 25-7-31
- 29 U.S.C. § 206
- 29 U.S.C. § 207
- 29 U.S.C. § 203(m)
This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.