Job Descriptions Crash Course: Expert Drafting Tips For Maximum Effectiveness And Compliance
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Poorly worded and/or out-of-date job descriptions lurking in your files can expose your organization to significant liability.
If your job descriptions and your employees’ actual duties don’t line up, you could be facing stiff fines, penalties, and costly lawsuits if you’re found liable for misclassifying overtime-eligible employees as exempt. With the Department of Labor’s new overtime rules set to go into effect on December 1, now’s the perfect time to review those job descriptions and classifications.
But overtime isn’t the only thing you need to worry about. Technological advances and workforce adjustments have altered the mix of essential and non-essential job functions in the workplace, while the legal definition of “impairment” has expanded greatly. If your job descriptions haven’t kept pace, you could inadvertently be discriminating against qualified (and legally protected) workers in violation of the Americans with Disabilities Act.
About Your Presenters
- The key elements every good job description shares
- How to use job descriptions to set the bar for high performance
- The critical factors that clarify whether a position is exempt or nonexempt under applicable wage and hour laws
- The behavioral language you should use to describe essential job functions so that you’re in check with the newest changes to the ADA
- How well-written and thorough job descriptions can be used to effectively defend lawsuits alleging that you singled out employees because of their protected traits
- Key catchphrases and tasks that tend to flag a job as exempt or nonexempt
- Real-life examples that highlight common pitfalls, and how to avoid them
- And much more!
Amelia J. Holstrom, Esq.
Skoler, Abbott & Presser, P.C.
Amelia J. Holstrom, an associate in the Springfield, Massachusetts office, joined Skoler, Abbott, & Presser, P.C., in 2012 after serving as a judicial law clerk to the Judges of the Connecticut Superior Court, where she assisted with complex matters at all stages of litigation.
Ms. Holstrom’s practice is focused in labor law and employment litigation. Since joining the firm in 2012, she has assisted clients in remaining union-free; represented clients at arbitrations; and defended employers against claims of discrimination, retaliation, harassment, and wrongful termination claims, as well as actions arising under the Family Medical Leave Act and wage& hour law. Additionally, she frequently provides counsel to management regarding litigation avoidance strategies.
Ms. Holstrom is a 2011 graduate of Western New England University School of Law, where she was the Managing Editor of the Western New England Law Review. In 2015, Ms. Holstrom was selected by BusinessWest as a 40 Under Forty honoree, which recognizes individuals under the age of 40 who have achieved professional success and are involved at the Board level in civic organizations. Ms. Holstrom also received the Massachusetts Bar Association’s Community Service Award in 2016 through the Hampden County Bar Association.
Stefanie Renaud, Esq.
Skoler, Abbott & Presser, P.C.
Stefanie Renaud, an associate in the Springfield office, joined the firm in 2016. Her practice is focused in labor law and employment litigation. Since joining the firm, she has defended employers against claims of discrimination, retaliation, and harassment, as well as actions arising under wage & hour law.
In addition to her litigation practice, Ms. Renaud has also represented employers before the EEOC, MCAD, NLRB, and at arbitration hearings. Additionally, she has reviewed numerous employee handbooks and related polices for compliance, and counsels employers on compliance with state and federal laws, including the Americans with Disabilities Act, and Fair Labor Standards Act.
Prior to joining Skoler, Abbott & Presser, Ms. Renaud interned with the Enforcement Division of the Massachusetts Commission Against Discrimination, where she investigated employment discrimination claims and drafted decisions on behalf of the Commission.
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|Licenses / Designations / Educational Credits:||PHR / SPHR Re-Certification Credits|
All US States: 4.5
|About The Provider:
||BLR® is the leader in helping organizations, and their employees, reduce safety, environmental and employment compliance-related legal exposure, stay on the right side of law, and achieve their full potential. We offer best-in-class compliance product and services that includes news, information & analysis, best practice guidance, employee training and turn-key tools delivered in a wide range of formats from online applications, live events and websites to books, CD's, Video, Posters and newsletters geared to all sized organizations and industries.
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|Keywords For This Course:|
Job description drafting, DOL overtime exemption rule, FLSA, ADA
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