Ogletree Deakins • April 17, 2019
On March 20, 2019, House Bill 243 (HB243) was introduced in the Alabama House of Representatives. HB243, a bipartisan bill with extensive support from both the majority and minority leaders, would create the Compassion, Access, Research, and Expansion Act (CARE Act) to legalize medical marijuana in Alabama for individuals with certain medical conditions.
Jackson Lewis P.C. • February 04, 2019
The Eleventh Circuit Court of Appeals has agreed to undertake a full-court review to decide the validity of a 2015 Alabama law prohibiting cities or other local municipalities from adopting their own laws concerning minimum wages, leave benefits, collective bargaining and other employment-related issues. The law was enacted in response to an ordinance passed by the Birmingham City Council to increase the minimum wage for all employees within the City’s boundaries, from the current federal minimum of $7.25 to $10.10. While local jurisdictions in a number of states have enacted their own minimum wage ordinances in recent years, Alabama is one of nearly twenty states that have passed laws prohibiting such ordinances.
XpertHR • August 01, 2018
Alabama's Minimum Wage and Right-to-Work Act, which mandated a uniform minimum wage throughout the state, may have racially discriminated against the City of Birmingham's black citizens, the 11th Circuit Court of Appeals has ruled.
Ogletree Deakins • July 27, 2018
On July 25, 2018, the Eleventh Circuit Court of Appeals reversed a Birmingham federal judge’s dismissal of a lawsuit challenging the February 2016 Alabama Uniform Minimum Wage and Right to Work Act (commonly known as “the Minimum Wage Act”). The Minimum Wage Act provided the Alabama state legislature with the authority to control the regulation of wages within the state of Alabama, including the establishment of a state minimum wage. The passage of the Minimum Wage Act occurred shortly after the City of Birmingham passed an ordinance providing for an increase in the minimum wage for workers in Birmingham (including employees of private employers who perform work within the Birmingham city limits).
Ogletree Deakins • April 30, 2018
With Governor Kay Ivey’s signature on the Alabama Data Breach Notification Act on March 28, 2018, Alabama followed the lead of 49 other states in requiring protection of sensitive consumer information and notice of data breaches, as well as imposing consequences for failing to comply with the Act. The Act broadly applies to all people, businesses, and government entities that acquire or use sensitive personally identifying information (SPII) and may impact a range of entities like retail establishments, financial institutions, healthcare providers, government agencies, public and private colleges and universities, large employers, and more.
Jackson Lewis P.C. • April 04, 2018
On March 28th, Alabama Governor Kay Ivey (R) signed into law the Alabama Data Breach Notification Act, Act No. 2018-396, making Alabama the final state to enact a data breach notification law. South Dakota Governor Dennis Daugaard signed into a law a similar statute one-week prior. The Alabama law will take effect May 1, 2018. Being the last state to enact a breach notification law, Alabama had the benefit of examining the approach in just about all of the other states and apparently drew provisions from many other state laws, including relatively detailed requirements for covered entities (as defined within the statute) and their third-party service providers to maintain reasonable requirements to protect “sensitive personally identifying information.”
Jackson Lewis P.C. • March 07, 2018
There are only two states in the U.S. that have yet to enact data breach notification laws, but that may change in 2018. Several weeks ago, the South Dakota state legislature announced that a data breach notification bill (Senate Bill No. 62) was pending. Now, Alabama is following suit.
Ogletree Deakins • September 28, 2017
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.
Ogletree Deakins • September 14, 2017
As catastrophic hurricanes threaten the southeastern region, Alabama employers may want to reflect on the state’s emergency response statute.
Ogletree Deakins • September 19, 2016
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.