Requirements for on call pay Alabama

[Mackinny]

My job wants to have us on call but does not want to pay us to be on call. Where can we find the guideline of what they can require of us and what they can not? You have given examples on other posts. Because the policy is being formed we want to make sure we know our rights as well as the rights of those we work for.
Also are the rules different for a city?

[Pattymd]

The rules are only different for a city if they are negotiated in a union contract, otherwise, no.

There is no exact definition of what makes on-call time compensable; it's subjective. The FLSA basically states that the greater the restrictions on response time, geography, frequency of calls, and freedom to pursue personal activities, the more likely it is that on-call time is compensable. If you'd like to post more details about the on-call situations, we can certainly give our opinion.

[Mackinny]

The purpose of this policy is to ensure that the Public Works Department is prepared to respond to emergencies and citizen complaints after normal business hours. In case of an emergency ALL employees are subject to be required to work as necessary until such time the Director deems appropriate. Refusal to work may be subject to disciplinary action. During routine conditions, it is necessary to have crews available to respond on an "as needed" basis. These personnel will be notified and schedules posted as well as furnished links during their week or being on call. Managers and Superintendents will be on call 24/7 except when on approved leave and out of town. Call-outs will be routed to the Water Treatment Plant which will determine the appropriate division and will notify the corresponding person in charge. After investigating, that individual will determine which team members are needed to accomplish the assigned task. Special events and scheduled work will be coordinated in advance. No compensation will be made for being on call. However, when called out, pay for overtime shall not be less than three (3) hours. An employee unavailable for their scheduled call-out is responsible for finding a replacement and notifying the Superintendent of the substitution.
That is all I have right now. any thoughts?

[Pattymd]

Let me run it by a couple of DPW folks here in my city and I'll get back to you.

[Mackinny]

thank you