b'Job DescriptionsWho, What, Why . . . Whodoesitapplyto:Everyemployer,butespeciallythoseWhat problems might arise with old or inaccurate descriptions: subject to discrimination laws or who have employees classifiedJob descriptions pulled off the Internet or from a form book are as exempt from overtime. like employee handbooks from the same sources.They do not really reflect your practices or requirements. If the DOL arrives Why should I have any: If done right, a job description can helpand questions employees about job descriptions and they dont avoid discrimination claims, make job listings and interviews amatch up, the work in creating them will be for naught. What snap, provide the analysis for classifying employees as exemptis more, the position you designated as exempt based on an or non-exempt, and set the standard for performance appraisals.inaccurate description may be lost, and you could be responsible to the employee for overtime going back two or three years.How does a description help with exemptions from overtime:Worse still, since you did not have the employee clock in or out, All employees are eligible for overtime, unless they meet oneyou have nothing to defend with when the employee suddenly of certain limited exemptions. Job descriptions can be writtenremembers working five hours of overtime every week!with exemptions in mind. (See the sections on Exemptions and Overtime for more information.) Then, when the Department ofWhatshouldbeinajobdescription:Jobdescriptionsneed Labor (DOL) arrives for an audit, you have the ammunition youto separately describe both the essential functions of the job will need to defend your decision to exempt those employees,andthoseadditionalrequirementsthatmightbeaddedor and you will be less likely to have made a costly mistake in youroccasionallyfallwithintheresponsibilitiesfortheposition.initial determination of exempt status. Essentialfunctionsshouldincludenotjustthebasicjob duties, but employers must take consideration of what specific How does a description help with interviews and performancecharacteristicsmakeupthosefunctions.Youshouldntjust appraisals: Ajob description makes writing an ad for a newassume that employees must read and write English. To protect employee very easy because youve already defined what youyourself, even functions of this type need to be in the description want and can easily transcribe it. Descriptions make interviewingin advance. Similarly, to protect against claims under the ADA, more objective by setting the standard by which all applicantsdescriptions need to explain the physical requirements of the job are evaluated. Simply use the job description to set up yoursuch as lifting, carrying, and typing. Finally, employers should questions. Finally, descriptions can be converted to evaluationconsider whether the position should be exempt from overtime pointstoobjectivelydeterminewhethertheemployeehasand under which exception so that the description can be written measured up to the job youve given them. consistently with the exception requirements.How does a description help avoid discrimination claims: AsWhat should not be in a job description: Employers should be noted above, they can help make interviews and performancecareful not to write job descriptions that suggest discrimination.appraisalsobjective,avoidingargumentsthatyoumadeA policy that all employees read and write English might be subjective determinations based on race, sex, or some otheralright for the hotel front desk clerk, but not for the housekeeping protected characteristic. When written to include the essentialdepartment and thus creates discrimination based on national functions of the position, such as physical requirements likeorigin. Requiring a college degree for a job that does not need lifting, or reading and writing English, they will help avoid claimsit might unnecessarily exclude certain protected classes. And, a under the Americans with Disabilities Act (ADA) or discriminationpolicy that specifically calls for a protected characteristic such as claims based on national origin. sex or religion is only appropriate if it is a bona fide occupational qualification (BFOQ).11'