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Total Articles: 10

City of Birmingham Passes Nondiscrimination Ordinance, Creates Human Rights Commission

On September 26, 2017, the Birmingham City Council passed an ordinance that makes it a crime for any entity doing business in the city to discriminate based on race, color, national origin, sex, sexual orientation, gender identity, disability, or familial status. The ordinance passed unanimously and is the first of its kind in Alabama. Enforceable through the municipal courts, the local law applies to housing, public accommodations, public education, and employment. It carves out two exceptions: one for religious corporations and one for employers with bona fide affirmative action plans or seniority systems.

Called to Action: Alabama Provides Job Protections for Volunteer Firefighters and Emergency Responders

As catastrophic hurricanes threaten the southeastern region, Alabama employers may want to reflect on the state’s emergency response statute.

Alabama’s Restrictive Covenants Statute: New Insight on Retroactivity, Employee Training, and the Blue Pencil Rule

Alabama’s new restrictive covenant statute became effective on January 1, 2016. Recently published committee comments clarified certain provisions of the law. The following briefly summarizes the final committee comments relating to three significant provisions of the new law.

Alabama's New Non-Compete Statute Places New Restrictions on Employers

Executive Summary: Effective January 1, 2016, Alabama passed a new non-compete and non-solicitation statute, repealing § 8-1-1 of the Alabama Code (the "New Act"). The New Act attempts to codify principles the Alabama courts have previously addressed.

Oxford, Alabama, City Council Repeals Bathroom Ordinance Targeting Transgender Individuals

The Oxford, Alabama, City Council has repealed on May 4, 2016, an ordinance it passed a week previously that barred transgender people from using a bathroom that corresponds with their gender identity.

Oxford, Alabama, City Council Adopts Ordinance Restricting Access to Bathroom Facilities Based on Biological Sex

The City Council of Oxford, Alabama, has enacted an ordinance regulating the utilization of bathroom or changing facilities within the City of Oxford, Alabama, making it unlawful for a person to use a bathroom or changing facility within the jurisdiction of the City that does not correspond to the person’s biological sex. The ordinance defines biological sex as the sex “stated on a person’s birth certificate.”

Alabama Governor Signs Law Voiding Birmingham Minimum Wage Ordinance

Employers with operations in Birmingham, Alabama, may breathe more easily now. Governor Robert Bentley has signed into law a prohibition against individual municipalities in the state from enacting their own minimum wage laws. The Alabama Senate passed the measure and the Governor signed the bill on February 25, 2016.

Birmingham, Alabama, City Council Attempts to Implement Immediate Minimum Wage Increase for All Employers

The Birmingham City Council has voted to implement a new ordinance increasing the minimum wage to $10.10 beginning February 24, 2016, for all employers within the city limits.

Striking a Balance: Alabama’s Newly-Amended Restrictive Covenant Statute

When Alabama Governor Robert Bentley signed House Bill 352 into law on June 11, 2015, he repealed Alabama’s bare bones restrictive covenant statute and replaced it with a detailed codification of much of Alabama’s restrictive covenant case law. The new statute, which will become effective on January 1, 2016, will make it much easier for the uninitiated to understand Alabama’s restrictive covenant enforcement standards. The law largely reflects Alabama’s friendly attitude towards restrictive covenants, but it also tightens enforcement standards in several areas and makes some significant changes to Alabama law, including shortening the nonsolicitation agreement period and the restrictive covenant time period for business owners who sell business goodwill.

Alabama Heightens Attention on Misclassified Employees

The U.S. Department of Labor continues its “misclassification initiative” by adding Alabama to its list of state partners. On October 2, 2014, Alabama Labor Commissioner Fitzgerald Washington and DOL regional director Wayne Kotowski signed a memorandum of understanding designed to coordinate enforcement and facilitate information sharing in an effort to reduce misclassification of workers. The memorandum enables the agencies to coordinate and cooperate in administrative and criminal investigations, refer complaints or potential violations to one another, notify each other of requests for information affecting shared data, provide testimony, and exchange statistical data (among other things). The exchange of information between the agencies is not considered public disclosure, and the agencies agree to maintain mutual confidentiality. The agreement, which is set to expire in three years, specifically states: