Job Descriptions
There is nothing like corruption, in this case a corrupted website, to heighten one’s awareness of the need for vigilance. My recent experience raises the question of “What is the best protection available?” For websites, it’s a worm protection program. For employers, it’s up-to-date job descriptions that reflect the actual work done.
A well-written job description clarifies whether positions classified as exempt really meet the criteria for administrative, executive, professional, computer, or outside sales exemptions of the Federal Labor Standards Acts (FLSA) and the State of California’s Wage and Hour laws.
Misclassification can have serious consequences. One employee complaint, justified or not, can launch a government investigation and double damages are possible unless it can be proven that it was a good faith action.
Unfortunately, Wage and Hour lawsuits are on the upswing as:
1) Grey areas exist in the dividing line between exempt and non-exempt, e.g. off the clock work.
2) FLSA violations are among the government’s prime targets at present.
3) Attorneys are aggressively seeking wage and hour suits as they are relatively easy to file.
4) High unemployment increases employees propensity to file suits.
Good job descriptions are also the key to an effective, responsive Human Resource function.
Their many benefits include:
- Making all those in a particular job designation aware of their specific tasks associated with the job title and accountable for the successful performance of those tasks
- Having the necessary information and facts to recruit the best qualified individuals
- Permitting job applicants to determine their own interests and qualifications for the job
- Assuring salaries are internally consistent and competitive in the marketplace
- Heightening awareness of any safety or health considerations associated with the position
- Facilitating compliance with the Americans with Disabilities Act (ADA)
- Providing structure for orientation, training, evaluating job performance and setting goals
I have included some suggestions for criteria useful to define the Essential Job Functions of a position:
- Direct relation to purpose and organizational role of the job
- A significant percentage of time is spent on this function
- Organizational difficulty would be created if transferred to other employees
- Serious consequences would result if the function were not performed by this job
- Requirement by union contract, licensing laws, health and safety requirements, etc
- All past job holders performed this function and nothing has occurred that would cause this to change
- Current employees perform this function
Whether creating job descriptions because you realize their benefits or to avoid potential consequences, doing so protects you. HR4Hire can help create job descriptions that safeguard and support your objectives.
Please forward this to those whom it may benefit. We can be reached at info@HR4Hire.com or at 415-437-6755 or 707-935-3333 for further information.
Cordially,
Gae Shulman, President
HR4Hire
HR Challenge Question
Can an employer require exempt employees to use accrued vacation time during a company shutdown of less than a workweek without affecting their exempt status, according to the Department of Labor?
A) Yes, provided the employees receive in payment an amount equal to their guaranteed salary.
B) No, the employer cannot require exempt employees to use accrued vacation time during a company shutdown of less than a workweek without affecting their exempt status.
Answer to be given in the next blog!
