Legal Requirements of Job Descriptions

WEBINAR

Thursday, February 5 • 1:00 p.m. (Eastern)

If a job description hasn’t been updated recently, it’s a legal time bomb.

You may think of job descriptions as a recruiting and performance-evaluation tool. They are, but they are also legal documents. Outdated, inaccurate or nonexistent job descriptions will spark trouble. Without one, good luck persuading the DOL that you’ve properly classified managers and supervisors as exempt from overtime. The same goes for turning down ADA accommodation or FMLA leave requests, not to mention managing pregnancy-related limitations. If you don’t list a job function, it’s not essential.

Managing employees has changed, and great job descriptions help

AI, telework, hybrid schedules and innovative workplace tools mean old jobs are dead and new ones are being born. Your employees have assumed new tech skills, supervisory responsibilities and performance goals that must be reflected in their job descriptions. Consider this: At what point does your teleworker lose her exempt status when she’s doing all her administrative work—tasks once relegated to support staff? How much overtime will you owe if you get it wrong? And what if your employees are automating their jobs—unknown to HR—by using AI? They might no longer be exempt!

You also can’t conduct a fair and effective performance review without a great description that nails down the job. Nor can you build a case for appropriate discipline or a solid, defensible performance-improvement plan (PIP). Without an accurate, up-to-date and worker-acknowledged job description, your chances of successfully beating back a wrongful-discharge lawsuit are dramatically reduced.

Review and update old job descriptions now, before they cause you trouble

Join us on February 5, as we dive into everything you need to know to update your job descriptions. We’ll review sample job descriptions with some problematic language, discuss how they can be improved and walk you through the tools you need to cover your back. Taking time now to create or update job descriptions will pay huge dividends later.

We’ll provide a sample acknowledgment proving that your workers reviewed their job descriptions and agreed that they’re accurate. That’s essential if you fire them and they sue. We’ll also show you how to get started on writing and updating job descriptions, what to change and why you need to add reminders to your calendar once a year, at a minimum, that it’s once again time to update them.

WEBINAR AGENDA:

5 benefits of a good job description, and the risks associated with outdated ones.
4 federal laws that require accurate and up-to-date job descriptions, including the Pregnant Workers Fairness Act.
4 simple steps to create accurate and defensible job descriptions that match industry standards and local variations—with online resources.
How to define “essential functions” for ADA, FMLA and PWFA purposes.
Using job descriptions as a disciplinary tool to guide performance reviews and employee discipline, including designing PIPs in the era of reductions in force.
Choosing the right language that locks in an employee’s FLSA classification, avoids discrimination charges and more.
Tips and tools for continually evaluating job descriptions to avoid misclassification errors and other legal issues throughout the year.

YOU’LL DISCOVER:

✔ How to avoid FLSA, ADA, PWFA and FMLA claims. Discover how to correctly describe those all-important essential functions, expectations, duties, responsibilities and more.

✔ A step-by-step plan to write and revise. Replace “bad” wording with “good” language to eliminate red flags that may signal legal troubles.

✔ How and when to revise your job descriptions. Accurate job descriptions require an honest discussion with the employee about tasks and responsibilities.

PRESENTED BY:

Anniken Davenport is a noted employment law attorney and the legal analyst and senior editor of HR Employment Law Advisor. She has authored several books, including the Employer’s Practical Legal Guide and the FMLA Compliance Guide. Anniken has served as a professor at Penn State University, where she taught business law and HR management, and she directed the Legal Studies Program at Wilson College.

REGISTRATION BONUSES:

Everyone who signs up will receive a copy of Writing Legal & Effective Job Descriptions. This white paper identifies the benefits of drafting job descriptions, the most common legal traps and the key ingredients to include in a comprehensive, legally safe job description. Plus, it includes a 13-question self-audit tool to measure the legality and effectiveness of any job description.

You’ll also receive one month of exclusive access to The HR Weekly, our comprehensive service with all the HR advice and compliance tools to simplify your job … and to keep your organization out of court. So that you continue to benefit from The HR Weekly, we will continue your subscription after that for the then current rate, unless you tell us “no, thanks”—your choice.

RECERTIFICATION CREDITS:

Business Management Daily is recognized by SHRM to offer Professional Development Credits (PDC) for SHRM-CP® or SHRM-SCP® recertification activities.

This Program has been pre-approved for 1.25 HR (General) credit hours toward aPHR®, aPHRi™, PHR®, PHRca®, SPHR®, GPHR®, PHRi™ and SPHRi™ recertification through HR Certification Institute® (HRCI®).

WE PROMISE YOU’LL BE SATISFIED:

If this webinar fails to meet your needs in any way, we will refund 100% of your tuition – every penny you paid – but your course materials and registration bonuses will be yours to keep. No hassles, no questions asked.