HB248 By Representatives Bracy, Williams (JW), Buskey, Clarke and Drummond RFD Mobile County Legislation Rd 1 16-FEB-16

A BILL TO BE ENTITLED AN ACT

Relating to Mobile County; to establish a minimum wage for Mobile County, and to provide a civil action for a violation of this act if an employer fails to pay minimum wage.

BE IT ENACTED BY THE LEGISLATURE OF ALABAMA:

Section 1. (a) Beginning January 1, 2017, the minimum wage shall be set at ten dollars ten cents ($10.10) per hour. Each employer in Mobile County shall pay to each employee wages at a rate of not less than ten dollars ten cents ($10.10) per hour for hours worked in a pay period regardless of how the time at work is measured.

(b) If the tips of a tipped employee combined with the direct wages of the employer of at least two dollars thirteen cents ($2.13) an hour do not equal the minimum wage established in subsection (a), the employer shall pay the difference.

(c) If the federal minimum hourly wage rate set by Section 6 of the federal Fair Labor Standards Act of 1938, or a successor federal law, is raised to a level higher than the minimum wage rate established by this act, the minimum wage shall be increased to the level of the federal minimum wage rate.

(d) An employee may bring suit in the circuit court of this county against his or her employer for a violation of this act.

(e) Each employer who fails or refuses to comply with this act shall be liable to the employee for 90 days wages at the daily rate of pay of the employee and the difference between what the employee was paid and the local minimum wage. Reasonable attorney fees shall be awarded to the employee by the court which shall be taxed as costs to be paid by the employer if the employee prevails in action to enforce this act.

Section 2. This act shall become effective on the first day of the third month following its passage and approval by the Governor, or its otherwise becoming law.

Mobile County

Compensation

Counties

Employers