While no federal law specifies that employers must provide each employee with an up-to-date job description, it’s a serious mistake not to do so. Skipping this crucial step almost guarantees you will have at least one employee who is misclassified as exempt under the Fair Labor Standards Act (FLSA) when they should be paid on an hourly basis.
The best practice is to update all job descriptions at least once a year, preferably in conjunction with an annual review. This is because jobs change—employees may have been assigned new roles and taken on new duties that now place the job squarely within an exemption from overtime. Conversely, a supervisor may have removed responsibilities or duties so that the employee no longer fits into a standard exemption. The first employee should be reclassified as exempt and be paid on a salary basis with no entitlement to overtime. The second employee should be paid for all hours worked, including overtime for work that exceeds 40 hours per week.
Here’s how to update job descriptions and audit for proper classification:
