Are all your employees performing the same tasks as when they were hired? Probably not.
Job duties change all the time. Sometimes, workers take on extra duties as they become more experienced or—more likely in today’s evolving environment—they take on tasks that may not even have existed before.
As duties change, make sure you regularly update employees’ job descriptions to reflect realities on the ground. Then use that job description to see if the person is still properly classified under the Fair Labor Standards Act as either exempt (not eligible for overtime pay) or nonexempt (eligible for overtime).
Many employers conducted detailed job analyses in anticipation of the newthat were to have taken effect in December. Even though the rules now seem increasingly likely to be shelved, that wasn’t wasted effort.
If you didn’t revisit your job descriptions last year, put that on your January to-do list
Reason: Relying on an analysis that’s even a couple of years out of date can cause legal headaches. In addition to setting criteria for making the exempt/nonexempt classification call, job descriptions are the foundation of the ADA’s reasonable accommodations process.
Advice: Make updating job descriptions an annual event. Involve employees by having them review their current job descriptions and add or delete tasks to reflect the actual work performed. Then have them sign their revised job descriptions.
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