HB402 By Representatives Bracy, Buskey, Clarke and Drummond RFD Mobile County Legislation Rd 1 15-MAR-16

SYNOPSIS: This bill would propose a local constitutional amendment relating to Mobile County. The bill would establish a minimum wage for Mobile County and would provide a civil action for a violation of this amendment if an employer fails to pay minimum wage.

A BILL TO BE ENTITLED AN ACT

Relating to Mobile County; to propose an amendment to the Constitution of Alabama of 1901, to establish a minimum wage for Mobile County and provide a civil action for a violation of this amendment if an employer fails to pay minimum wage.

BE IT ENACTED BY THE LEGISLATURE OF ALABAMA:Section 1. The following amendment to the Constitution of Alabama of 1901, is proposed and shall become valid as a part of the Constitution when all requirements of this act are fulfilled:

PROPOSED AMENDMENT

(a) Beginning January 1, 2017, in Mobile County, the minimum wage shall be set at ten dollars and 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 and 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 equal two dollars and thirteen cents ($2.13) an hour or more but 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 amendment, 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 amendment.

(e) Each employer who fails or refuses to comply with this amendment 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 amendment.

Section 2. An election upon the proposed amendment shall be held in accordance with Amendment 555 to the Constitution of Alabama of 1901, now appearing as Section 284.01 of the Official Recompilation of the Constitution of Alabama of 1901, as amended, and the election laws of this state.

Section 3. The appropriate election official shall assign a ballot number for the proposed constitutional amendment on the election ballot and shall set forth the following description of the substance or subject matter of the proposed constitutional amendment:

"Relating to Mobile County, proposing an amendment to the Constitution of Alabama of 1901, to establish a minimum wage for Mobile County and provide a civil action for a violation of this amendment if an employer fails to pay the minimum wage.

"Proposed by Act _________"

This description shall be followed by the following language:

"Yes ( ) No ( )."

Constitutional Amendments

Mobile County

Elections

Compensation

Counties

Civil Actions