Why Assess My Job Descriptions?
July 1, 2010
Assessing your job descriptions and making them compliant with FLSA (Fair Labor Standards Act) should be done on a regular basis. This will assist a company in not only protecting themselves, but also allowing the employee to know what is expected of their position. For example:
1. Job A Has no FLSA Job Description, and hiring of an employee that you believe can do the job, can cause issues down the line when it is not clearly and legally stated that the job requires certain things, such as lifting, bending, stooping, and the percentage of the time of each of these.
2. Job B Has a FLSA Job Description that is presented to the candidate or current employee so that they know what exactly is required of them. Is this a way to get rid of an employee? No. Would this be a safety mechanism for the employer, Yes.
3. Job C Has no FLSA Job Description, and the company states that pregnant women cannot work in this position due to chemicals that may cause birth defects in unborn children.
In and amongst these three jobs there are dangers, cautions, and positives. They are:
– Dangers FLSA allows for an employer to only write a job description that informs the employee, not restrict the employee (i.e. Cannot work inside of a building, Cannot work in a certain area) Under no circumstances should an employer re-write a job description in order to cause an employee to be either re-assigned or terminated.
– Cautions Perfect example is Job C, as writing in the FLSA that there is a possible danger to Pregnant Women who work around chemicals that cause birth defects. You cannot keep a pregnant woman from working in that position, but even a waiver is loose for protection of the employer in case of litigation. One of the numerous chemicals is Ethylene Glycol Ether, checking your properly written Safety Manual and MSDS will tell you which ones are dangerous to this protected class of worker.
– Positives If the FLSA job description states clearly that there is repetitive lifting of 50 pounds of more, then an applicant that cannot do that, could be by-passed for one that can. For instance, John Doe applies and John has no ability to constantly lift 50 lbs or more, and Jane Doe applies for the same position and she can lift the weight, Jane is the obvious choice.
FLSA Job Descriptions can be confusing and if not done correctly be pages and pages long, to where if done correctly after an audit of these descriptions, simple and clean. There should be no or very little grey area in the description because that grey area is where employers get in trouble.
Call People Wise of Missouri, Inc. to complete this task, it is something that can give you as the employer a safety net, or a benchmark for issues that may arise.