1) While companies are not legally required to maintain job descriptions for every job, it is in an employer’s best interest to do so since job descriptions are one of the most effective tools to establish which job functions are essential. Job descriptions outline the necessary knowledge, skills, and abilities each position must have to complete work tasks successfully.

2) Job descriptions clearly identify the expectations and responsibilities of the job. This will support Employers’ when addressing exempt/non-exempt status under the Fair Labor Standards Act’s (FLSA) for wage and hour purposes.

3) Job descriptions outline the working conditions, tools, and equipment necessary to complete the job. This can aide Employers’ with OSHA requirements as well as potential Workers Compensation concerns. Knowing what job functions, expectations, responsibilities, and working conditions are essential is critically important to many employment decisions businesses make on a daily basis. Job descriptions can facilitate employers in recruiting, training, development, compensation, performance evaluations, promotions, discipline and terminations.

4) Job descriptions document the mental, physical, and environmental factors necessary to complete the position. Job descriptions help the employee understand the essential functions of the job and attest to understanding what is expected of them. This also provides an opportunity for the employee to ask for any accommodations under Americans with Disability Act Amended (ADAAA).

Job descriptions should include the following:

• Heading information – include job title, pay grade or range, reporting relationship (by position, not individual), hours or shifts, and the likelihood of overtime or weekend work, and exempt or non-exempt position status.
• Summary objective – list the general responsibilities and descriptions of key tasks and their purpose, relationships with customers, coworkers, and others, and the results expected of the employee.
• Qualifications – state the education, experience, training, and technical skills necessary for the position.
• Special demands – include any extraordinary conditions applicable to the job (i.e. heavy lifting, exposure to temperature extremes, prolonged standing, or travel).
• Job duties and responsibilities – identify task that comprise about 90 to 95 percent of the work done and listing tasks with approximate time demand (i.e. 1/3 or 2/3 of the day expected to stand).

References: February 23, 2012 HR Daily Advisor, 5 Critical Components Every Job Description Must Contain; February 22, 2012, HR Daily Advisor, Backburner Job Descriptions? You’d Like to, But You Can’t.

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Most significantly, the Act:

* directs EEOC to revise that portion of its regulations defining the term “substantially limits”;

* expands the definition of “major life activities” by including two non-exhaustive lists:

1. the first list includes many activities that the EEOC has recognized (e.g., walking) as well as activities that EEOC has not specifically recognized (e.g., reading, bending, and communicating);

2. the second list includes major bodily functions (e.g., “functions of the immune system, normal cell growth, digestive, bowel, bladder, neurological, brain, respiratory, circulatory, endocrine, and reproductive functions”);

* states that mitigating measures other than “ordinary eyeglasses or contact lenses” shall not be considered in assessing whether an individual has a disability;

* clarifies that an impairment that is episodic or in remission is a disability if it would substantially limit a major life activity when active;

* provides that an individual subjected to an action prohibited by the ADA (e.g., failure to hire) because of an actual or perceived impairment will meet the “regarded as” definition of disability, unless the impairment is transitory and minor;

* provides that individuals covered only under the “regarded as” prong are not entitled to reasonable accommodation; and

* emphasizes that the definition of “disability” should be interpreted broadly.

EEOC will be evaluating the impact of these changes on its enforcement guidances and other publications addressing the ADA. The ADA Amendments Act is effective as of January 1, 2009

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1)  New COBRA legislation retro to 2008 to subsidize 65%. Notices must be completed by 4/18/09.
2)  Americans with Disabilities Act amended with an expanded definition of disabilities.
3)  FMLA expands leave for military families.
4)  New I-9 form effective 4/3/09.

Call 817-343-0066 for a free telephone consultation to discuss Human Resources at your company.