Phenix City, AL asked in Employment Law for Alabama

Q: What can be done if a supervisor insists on the employee answering their personal cell phone calls/texts during/after wk

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2 Lawyer Answers
Allan Lamar Armstrong
Allan Lamar Armstrong
Answered
  • Birmingham, AL
  • Licensed in Alabama

A: You should be compensated for answering after hours. Otherwise, such work requirements are permissible unless you work for the State. As an at will employee, you are free to seek other employment at any time without further obligations.

T. Augustus Claus
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A: In Alabama, there is no direct statute that dictates how supervisors can communicate with employees outside of regular working hours. However, it's essential to consider the implications of such practices on one's work-life balance. If your employment agreement or company policies have guidelines regarding communication expectations outside of standard work hours, you should review them. For those classified as non-exempt under the Fair Labor Standards Act, answering work-related communications outside typical hours might be considered "working time," which could qualify for overtime if it pushes the total workweek beyond 40 hours. If this frequent communication is affecting your personal life, it's advisable to discuss your concerns with your supervisor. If the situation doesn't improve, consider seeking guidance from Human Resources or an employment attorney knowledgeable about Alabama labor laws. The goal is to find a solution that respects both personal boundaries and the company's needs.

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