I consulted with attorney Jonathan Sigel, a partner at Mirick, O`Connell, DeMallie and Lougee, LLP. Sigel offers his legal opinion: “Neither Massachusetts nor federal law requires employers to have written job descriptions. However, as an advocate for employment on the executive side, I strongly recommend that all employers develop and maintain complete and accurate job descriptions for each position in their organization. Job descriptions are obviously great tools for teaching a candidate and/or employee educational/professional tasks, expectations, and qualifications. They should also reflect the physical qualifications of positions, especially those with significant physical demands (e.g., lifting, bending, standing, etc.). When you create a job description for a government agency, you may receive a list of requirements that must be included in a job description. Items may include hours worked, salary range, and physical demands – such as the ability to stand for X hours a day – to lift X pounds or to be able to drive a vehicle. Whether you`re creating a new job description or revising an existing document, one of the first steps is to perform a job analysis. A job analysis gathers facts about a job and breaks down a job into pieces to determine all the different aspects. A good analysis begins with examining the purpose of the work. For example, for a person working for a shipping company, the purpose of the work may be to pack products in boxes for shipping. To create a job description for this position, you need to create questionnaires or other data collection tools.
Next, interview the employee in the position or ask them to complete the questionnaire. If you decide to do an interview, use your questionnaire to help you through the interview process. Let the employee explain the duties and responsibilities of their job. Ask them how they perform these functions. Following the same example, what does the shipping employee do to pack the boxes? What tools, materials and equipment do they use to perform work tasks? What methods or processes do they use? What types of lifting and other physical demands are required to lift and maneuver objects? After packing the box, what is the next process? Maybe it`s to stick the box. What types of equipment do they use to accomplish this task? What are the physical demands associated with this work obligation? Ask these questions when dividing work into individual functions. If you have more than one employee doing the same job, interview multiple employees. Also, interview supervisors and managers to see if they can add content. What is omitted from the job description? Some of the key points Kennedy omitted from job descriptions are: Another area of law to consider is that of the Americans With Disabilities Act (ADA and ADAAA). This legislation also does not require employers to have job descriptions. However, employers who opt for job descriptions will find that the ADA has a significant impact on format and content.
Since the ADA`s employment regulations focus on essential duties, the employer must ensure that all essential duties are covered in the job description. The key word here is “essential,” which I`ll talk about in more detail below. Job descriptions for large companies often have similar requirements to government agencies when creating job descriptions. These rules are introduced by lawyers to protect the company from discrimination lawsuits. They can also help prevent the perception of bias among employees, as all employees must follow some of the same guidelines. The more detailed you can create a detailed job description, the more confident you can be that an employee knows what their goals are and what they are responsible for. On the other hand, the more detailed a job description is, the more an employee can say that something is not their job. Detailed job descriptions can also help an employee in a lawsuit against a company, such as an illegal dismissal lawsuit.
Another critical point is the review of job descriptions. In previous companies, I reviewed some roles every year and others were reviewed every few years. Sometimes this was caused by a change of management or a change of department. Sometimes this was due to new business goals or goals set in motion. I also had a layoff season and some roles were combined, which forced further examination. There are a variety of reasons why a review may take place, but I would recommend taking a look at it at least once a year and then determining which roles really need further review and making those adjustments accordingly. A: Job descriptions can be a useful communication tool for employers and employees. A job description can detail the skills and requirements of a role, as well as responsibilities. However, not all companies have written job descriptions. Many have job descriptions, but they are quickly put in place and may not be as complete as an employee would like. Q: I recently joined a small company and we are growing.
This is an exciting opportunity. I asked my manager for my job description and she said we didn`t have job descriptions. Is it legal? Federal law does not require employers to have job descriptions, although there are instances where there is an exception to this general rule. Jobs where employees handle or dispose of hazardous waste such as oil, antifreeze, transmission fluid, auto parts cleaners, paint thinners and similar materials are some of the exceptions to this rule. The current regulation (40 CFR 264.16) does not specify a specific format or describe how job descriptions must be descriptive, but it does describe what must be included at a minimum. While it`s best to work with an employment lawyer to make sure your job descriptions are legal, there are a few do`s and don`ts that you should follow when creating a job description. Job descriptions interact with compensation and hours law in complicated ways, as do many other parts of your job as a human resources professional in California. It is very important that if you have job descriptions, they actually reflect the tasks, responsibilities and qualifications for the role.