Creating and Maintaining Legally Compliant Job Descriptions: Avoiding Missteps Under the FLSA, ADA, FMLA and Other Laws

Recording of a 90-minute CLE webinar with Q&A


Conducted on Thursday, May 25, 2017
Recorded event now available


This CLE webinar will provide guidance to employment counsel for preparing and maintaining job descriptions that help employers avoid or minimize liability exposure. The panel will discuss key areas of risk for employers with regard to position descriptions and explain how well-written and accurate job descriptions can serve as an effective tool to avoid and defend against employee claims under the FLSA, ADA, FMLA and other employment laws.

Description

Employment counsel guiding clients in preparing job descriptions must take care to ensure the position descriptions do not create unintended legal liabilities for employers. When approached carefully, job descriptions can be an employer’s best friend and an effective shield in employment litigation. When given only cursory attention, position descriptions can be an employer’s worst nightmare.

A well-drafted job description can help employers stay in compliance with the FLSA, state wage and hour laws, ADA, FMLA and other employment laws, as well as defend against employee claims of discriminatory or unlawful treatment. Conversely, a poorly-drafted job description may increase an employer’s liability exposure if litigation arises.

Listen as our authoritative panel of employment attorneys provides legal and practical guidance for employment counsel when guiding clients in creating and maintaining job descriptions. The panel will discuss best practices for minimizing liability risks when preparing job descriptions as well as their insights on how to use well-written job descriptions as a defense in employment litigation.

Outline

  1. Purpose and benefits of job descriptions
  2. Federal and state laws impacting the drafting of job descriptions
    1. ADA
    2. FLSA
    3. FMLA
    4. Other laws
  3. Key components of job descriptions
  4. Best practices for creating and maintaining job descriptions
    1. Conduct job analysis/complete position analysis questionnaire (PAQ)
    2. Identify essential job functions
    3. Seek input from employees and managers
    4. Regularly review job descriptions to ensure they remain up-to-date

Benefits

The panel will review these and other key issues:

  • What federal and state laws must employers and their counsel take into consideration when creating job descriptions?
  • What are the key components of job descriptions?
  • What best practices should employers and their counsel employ to ensure their job descriptions are effective and legally compliant?
  • How can employers use well-drafted job descriptions to defend against employee litigation?

Faculty

Joon Hwang, Esq.
Littler Mendelson, Tysons Corner, Va.

Mr. Hwang represents management in a wide variety of labor and employment matters, with an emphasis on employment litigation of all types – from single-plaintiff to complex class, collective, and hybrid actions. In addition to his litigation practice, he counsels clients on all aspects of the employer-employee relationship by offering pre-litigation advice and best practices to ensure compliance with federal and state laws. He is a frequent speaker on employment law topics.

Brandon R. Mita, Esq.
Littler Mendelson, Washington, D.C.

Mr. Mita represents employers in various areas of employment law before state and federal trial and appellate courts, the American Arbitration Association, the Equal Employment Opportunity Commission, and other state agencies responsible for investigating workplace discrimination and harassment. In addition, he provides advice and counseling to clients on a wide variety of employment law areas, including handbooks, policies and procedures, and employment-related contracts.


Recordings

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*Only available for attorneys admitted for more than two years. For OH CLE credits, only programs recorded within the current calendar year are eligible - contact the CLE department for verification.

**NH attendees must self-determine if a program is eligible for credit and self-report their attendance.

CLE On-Demand Video $297.00
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Recorded Event

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Strafford is an approved provider and self-study CLE credit is available in most states.

AK, AZ, CA, CO, CT, FL, GA, HI, IA, ID, IL, KY, ME, MN, MO, MT, ND, NJ, NM, NY, OR, PA, TN, TX, UT, VT, WA, WV, WY (Note: Some states restrict CLE eligibility based on the age of a program. Refer to our state CLE Map for additional information.)

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Program Materials

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Program Materials

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Customer Reviews

The speakers were knowledgeable and presented useful information.

Karen Shaffer-Levy

Reed Elsevier

All the speakers seemed extremely knowledgeable on the subject matter. Overall a very good seminar.

Stephan R. Silen

American AgCredit

I liked that the speakers were brief, but hit on relevant cases and issues and answered listener questions effectively.

Lauren Hager

Korshak Kracoff Kong & Sugano

This was my first experience with an interactive CLE.  It was good not to have to leave my office for the program.

Patricia Hays

Vestcom International

I really liked the examples and the slides were very helpful and made following along very easy

Rita Diaz

Hahn & Hahn

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Employment & ERISA Advisory Board

Susan E. Bernstein

Special Counsel

Schulte Roth & Zabel

Judith (Jude) Biggs

Partner

Holland & Hart

Joshua Davis

Director

Goulston & Storrs

Barbara E. Hoey

Partner

Kelley Drye

Jeffrey Hollingsworth

Partner

Perkins Coie

Diana L. Hoover

Partner

Hoover Kernell

Paul J. Kennedy

Shareholder

Littler Mendelson

Marcia Nelson Jackson

Partner

Wick Phillips

William C. Martucci

Partner

Shook Hardy & Bacon

Nancy Morrison O'Connor

Partner

Bracewell & Giuliani

Laura Foote Reiff

Shareholder

Greenberg Traurig

Eugene Scalia

Partner

Gibson Dunn & Crutcher

Peter Steinmeyer

Member

Epstein Becker & Green

Teresa R. Tracy

Partner

Freeman Freeman Smiley

Todd D. Wozniak

Shareholder

Greenberg Traurig

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