JOB DESCRIPTIONS: WHAT’S THE BIG DEAL?

By: Timothy Scott and Andrew Baer, Fisher Phillips, LLP

A common question that dealers have is whether to develop and disseminate written job descriptions. Some dealers have them, while others completely ignore them. Likewise, many dealers who do have job descriptions have not reviewed them to make sure that they accurately reflect the current reality. Like most things in human resources, job descriptions can be useful tools but only if they are done correctly. Blindly using a “form” job description without tailoring it to your workforce is generally of little value.

The reality is that job duties constantly shift within the workplace. Some tasks are absorbed by other individuals. Some requirements change for certain jobs. Some responsibilities are eliminated alltogether. The evolving workplace often leaves job descriptions outdated and irrelevant.

While updating or creating job descriptions may be on the backburner, accurate job descriptions can be the cornerstone of an effective compliance program that can help minimize litigation risks. The new year provides dealers with a good opportunity to address this issue.

Discipline, Performance Management, and Hiring

Job descriptions help set expectations for your employees. When considering discipline or evaluating job performance, a job description can be a helpful tool to guide the employee and employer. There’s no reason for surprise when everyone is on the same page about the expectations, which hopefully are clearly laid out in the job description. They can also be helpful during the hiring process to ensure that you are communicating what you are looking for to potential candidates.

Fair Labor Standards Act (FLSA)

One of the easiest ways for an employer to create legal liability is to run afoul of the FLSA with respect to meeting the law’s minimum wage, overtime, recordkeeping, and child labor requirements. Job descriptions can serve as useful tools in defending whether an employee is properly classified as exempt. On the other hand, a poorly written job description can severely hurt you when making your case to the Department of Labor that a particular job is not eligible for overtime. While the job description itself is not determinative of whether a classification under the FLSA is correct, it is often good piece of evidence for the employer to use in identifying a position is exempt and defending its position. For example, if an employer is claiming the executive exemption with respect to a particular position, the job description should accurately list job duties that track the requirements of the exemption. In this way, developing or finetuning the job description will also assist in auditing the dealership’s wage and hour compliance.

Americans with Disabilities Act (ADA)

When an employee presents with a disability, understanding the employee’s essential job functions is an extremely important part of the ADA analysis. The job description will help identify whether an employee can perform the essential functions of the job with or without a reasonable accommodation under the ADA. In fact, when permissible, employers often attach a copy of the employee’s job description with a medical questionnaire to a healthcare provider to determine whether the individual is fit to perform the job duties. The medical certification based on that description will help determine what, if any reasonable accommodation the employee may need. If the job description is inaccurate or incomplete, the employer’s decisions under the ADA may be incorrect.

Family and Medical Leave Act

Under certain circumstances, employers may require a fitness-for -duty certification from an employee’s healthcare provider before they can return to work after a leave of absence. Under the FMLA, an employer must include a job description and/or list of essential functions of the employee’s position with the certification. If the job description is inaccurate or incomplete, an FMLA analysis may be incorrect. Not having a job description can limit your rights as an employer to fully evaluate a request for FMLA leave.

Worker’s Compensation

A job description will also be helpful to assess an employee’s rights under worker’s compensation. An accurate job description will help the claims process determine what types of benefits an employee may be entitled to. The job description can help determine whether the employee requires light duty, a limited schedule, or leave.

Essential Elements of a Good Job Description

1. The following are the best practice elements of a good job description:

2. The job title (it is helpful to identify the department and the position to which it reports)

3. A brief summary of the purpose of the job (this should be no more than a sentence or two)

4. A listing of the essential or primary duties of the job (it is also helpful to list out the secondary duties as well)

5. The minimum requirements of the position (such as required education level, necessary certifications or licenses, abilities, skills, training, etc.)

6. The mental and physical requirements of the position and a description of the working conditions

Please reach out to Tim Scott (tscott@fisherphillips. com) or Andrew Baer (abaer@fisherphillips.com) if you have any questions about either revising your existing job descriptions or developing new job descriptions.