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.


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.


  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


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?


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.


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Employment & ERISA Advisory Board

Susan E. Bernstein

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Schulte Roth & Zabel

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Holland & Hart

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Goulston & Storrs

Barbara E. Hoey


Kelley Drye

Jeffrey Hollingsworth


Perkins Coie

Diana L. Hoover


Hoover Kernell

Paul J. Kennedy


Littler Mendelson

Marcia Nelson Jackson


Wick Phillips

William C. Martucci


Shook Hardy & Bacon

Laura Foote Reiff


Greenberg Traurig

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Gibson Dunn & Crutcher

Peter Steinmeyer


Epstein Becker & Green

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Greenberg Traurig

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