Job description updates
Now is the time to revise your company’s job descriptions since they are often critical to resolving legal disputes.
There are several reasons employers should review and likely revise employee job descriptions on a regular basis.
New laws and regulations can change how an employee is classified. For example, many employers classify certain employees as overtime-exempt employees. The ability to classify employees as overtime-exempt is regulated by federal and state laws that focus on specific duties and responsibilities. Over the last few years, employers have consolidated positions and changed individual employee duties and responsibilities. In doing so, it is possible that the “new” position will not comply with federal and state laws, which can expose employers to wage and hour liability—including overtime pay, penalties, and attorney fees.
Another potential issue is that the EEOC has become more aggressive in working to eliminate workplace harassment. This federal agency now recommends that all supervisors undergo additional training on how to identify, document, and report workplace harassment. Including a requirement for training and reporting in the supervisor’s job description is prudent.
Finally, many employers have changed position requirements given recent labor shortages. Unfortunately and understandably, job descriptions have not been updated to reflect these changes.
When employers find themselves in legal disputes with employees, job descriptions are often critical to resolving disputes, whether they regard overtime pay, training and enforcement of workplace harassment policies, or issues regarding the ADA.
With these matters in mind, make sure to review job descriptions and update them to accurately reflect how your business currently operates.
If you have any questions, please don’t hesitate to reach out.
You can email us at firstname.lastname@example.org or give us a call at (503) 646-0566.