1. Making the Most of Job Descriptions S. Lorrie Ray, Esq.

2. Learning Objectives Well-drafted job descriptions can: –create a strong foundation for the work that needs to be done, –instill structure in a workplace to move the organization forward –provide a protective legal framework to repel wage and hour and discrimination claims

3. Learning Objectives Conduct a job analysis and incorporate into job description Identify the standard components of an effective job description Comply with Equal Opportunity, Equal Pay, FLSA, ADA and other legal requirements

4. Job Description Tool that describes purpose, essential functions, qualifications, and conditions

5. Advantages of Job Descriptions Who is responsible for what Where does the job fit in the organization Set applicant criteria for recruiting Establish training needs Determine performance expectations Job classification Legal compliance

6. Start with Job Analysis Description/specifications Product of analysis is job Analysis conducted of JOB not person Identify and determine job duties and requirements relative importance

7. Job Analysis What tools, materials, and equipment are used to perform the tasks? What methods or processes are used to perform the tasks? What are the specific duties of the position? What are the outcomes of the job? What behaviors, skills, knowledge and experience are the most important?

8. Purpose of Job Analysis Develop goals and objectives Performance standards Evaluation criteria Determine time to proficiency Duties to be evaluated

9. Purpose of Job Analysis Determine compensation Skill levels Compensable job factors Work environment Responsibilities Required level of education

10. Compensable Factors Experience Education Responsibility Complexity of duties Supervision received Supervision exercised Consequences of error Working conditions Mental, physical and visual demands Confidential data

11. Purpose of Job Analysis Selection procedures Job duties to use in advertisements Determine what salary to offer candidate Minimum requirements Interview questions Selection tests Orientation materials for new hires

12. Documenting the Job Job Analysis Written statements of the necessary qualifications of incumbent Education Experience Training Mental abilities Physical efforts and skills Judgment Decision-making Job Description Written description of job and requirements Job title and location Organizational relationships Duties and responsibilities Essential functions Working conditions

13. Job Analysis: Documenting the Job Job Description Written description of job and requirements Job title and location Organizational relationships Duties and responsibilities Essential functions Working conditions Job Analysis Written statements of the necessary qualifications of incumbent Education Experience Training Mental abilities Physical efforts and skills Judgment Decision-making

14. Job Analysis Methods Structured interviews Structured questionnaires Task inventories Observation Work logs Salary surveys Occupational Outlook Handbook Involve employees, supervisors, managers, clients

15. Who Should Prepare? Top management Job or salary analyst Supervisor Outside consultant Employee(s)

16. Elements of Job Descriptions Purpose of the job Position identification Essential functions Job specifications Work environment Physical activities

17. Purpose of the Job Job Purpose Broad statement of the overall objective of the job that answers the questions “What, Why, and How.” Purpose statement should cover the whole of the responsibilities of the job but not go beyond them.

18. Position Identification Title and Code FLSA StatusPay Grade Supervision Department and Division

19. Job Duty Action Words Primary Duties Current Duties Daily Activities

20. Essential Functions Exists to perform functions Limited number of employees Highly specialized Amount of time performing

21. Job Specifications Job Specification – describe the specific qualifications necessary to successfully perform the job. Knowledge Skill Ability Training/Education Experience

22. Work Environment Usual physical surroundings or other normal working conditions Example: Ability to redirect traffic through road construction site under the following conditions; dust, prevailing weather conditions, traffic noise, exhaust…

23. Physical Activities Physical activities reflect both physical requirements and capacities Example: Able to pick up 50 lb. boxes and carry 20 ft. from loading dock to storage room.

24. Control Risk Review regularly Conduct audit to ensure jobs are classified correctly Ask employees to confirm accuracy during appraisal Use as management tool Keep job descriptions up to date

25. Job Descriptions and the Law Title VII of the Civil Rights Act of 1964 Unlawful to discriminate in hiring, compensation and other terms, conditions and privileges of employment because of protected class Occupational Safety and Health –Specify adverse job conditions –Examine safety practices and working conditions

26. Job Descriptions and the Law Fair Labor Standards Act – supporting documents in establishing exempt v non- exempt classification

27. Salary Basis Test Required for: Executive Administrative Professional Not required for: Computer Outside salespersons

28. Salary Basis Test No salary reduction because of quality or quantity of work No deductions for partial day absences Additional compensation Comp time for exempts Safe harbor policy in HB

29. Duties Test Executive Test Administrative Test Professional Test Creative Professional Test Computer Test Outside Sales Test

30. Executive Employees Must manage a department Supervise employees Make hiring and firing decisions Working supervisor = RISK

31. Administrative Employees Work related to management or business operations: –Accounting –HR –Legal –Marketing –Database Administration Discretion and independent judgment Matters of significance

32. Professional Employees Work requires knowledge of advanced type in a field of science or learning acquired by prolonged course of specialized intellectual instruction

33. Creative Professional Employees Work requiring invention, imagination, originality, or talent in a recognized field of artistic or creative endeavor

34. Computer Employees Meet duties test and paid a salary or $27.63/hour Performs work requiring theoretical and practical application of highly-specialized knowledge in computer systems analysis, programming, or software engineering

35. Computer Employees Exemption does not apply to technical support, computer operations, or maintenance of computers Consider executive or administrative exemption test

36. Outside Sales Employees Regularly away from the office making sales Salary basis test not required and no minimum wage Inside sales not eligible for this exemption

37. Job Descriptions and the Law Equal Pay Act – identify the level of skill, effort, responsibilities and conditions under which job is performed Age Discrimination in Employment Act – Unlawful to discriminate based on age 40 and above

38. Job Descriptions and the Law Family and Medical Leave Act – updated job description for physician statement Ledbetter Fair Pay Act 2009 –Ensure pay fairly based on job duties –Allows employees to assert claims of discrimination in compensation without any time limit

39. Job Descriptions and ADAAA Regulations adopt less restrictive interpretations of disabilities Clarified definition of disability by identifying major life activities Includes nonexclusive list of other activities, standing, lifting, reading, communicating and executing any major bodily function Review job descriptions to ensure essential functions are job-related and business necessity

40. Conclusion –create a strong foundation for the work that needs to be done, by analyzing the job carefully –instill structure in a workplace to move the organization forward, by reviewing the jobs considering customers needs –provide a protective legal framework to repel wage and hour and discrimination claims, by understanding the law and applying to the description process