NT Lakis attorneys are pleased to present Part III in our ongoing series of memoranda on “The Compliance Implications of Job Descriptions.” The series is designed to help employers identify the practical compliance issues that can arise in drafting, reviewing, and updating job descriptions.
In Part I, we reviewed the basic elements of a job description and teed up a number of issues to be explored in future memos. In Part II, we offered 15 basic compliance principles to follow when evaluating and distinguishing between basic, minimum, and preferred qualifications. In this Part III, we evaluate the practical compliance implications of using so-called job level guides, and discuss the pros and cons of using them as the foundation for, or even as a replacement for, job descriptions.
Simply stated, a job level guide is a document that attempts to systematically evaluate and calibrate the required experience, compensation, and knowledge, skills and abilities for a broad range of jobs across the organization.
Job level guides have grown in popularity because they provide a good foundation for refining job titles and compensation levels across different departments or functions, and can serve as a good starting point in assessing whether a position is exempt from overtime under the Fair Labor Standards Act (FLSA). As is the case with any other employment policy or practice, however, the inconsistent application of job level guides can create potential liabilities for a company.
Members of the Center for Workplace Compliance (CWC) can read more here.