IMPACT OF MEDICAL MARIJUANA ON EMPLOYERS

Courts historically found a marijuana-positive drug test sufficient grounds to terminate an employee or refuse to hire someone; employers were safe to move forward without worrying about an individual being approved to use medical marijuana or if an employee was impaired at work. Problems arise when federal law conflicts with state law. Based on the U.S. Drug Enforcement Administration, marijuana is still considered a Schedule I illegal drug—even for medical purposes.

Many states and local jurisdictions have enacted anti-discrimination laws concerning marijuana use. Generally, such laws prohibit employers from taking adverse action against an employee who uses marijuana in conforming with local marijuana laws, if an employee does not consume it and work and is not impaired while on the job.

Currently, there are 33 states and the District of Columbia with recently approved ballot measures legalizing marijuana for medical or recreational purposes. The state laws for medical use varies significantly and not all of them recognize marijuana-approved patients from their states. The states with medical marijuana laws and their guidelines for usage varies widely. Some states require patients to register, others don’t allow dispensaries, and not all of them recognize marijuana-approved patients from their states. In addition, some states allow employers to enact employment policies that prohibit the use of marijuana; these states do not force employers to make accommodations for employee use of marijuana.

In terms of recreational marijuana use, employers can have policies that prohibit the drug’s use and possession while employees are at work. In addition, employers can prohibit their employees from being impaired by marijuana at work. In these states, employers must comply with federal and state laws and provide employees with a safe and productive workplace. At the same time, employers must accommodate employees with disabilities that may require medical marijuana. Under the Americans with Disabilities Act, employers are required to make a “reasonable accommodation” to employees with disabilities—especially when workers have a doctor’s note that allows them to use it.
The differences in state laws require Human Resources to be aware of the legal issues involved and the changing legal landscape to ensure drug testing policies are legal and enforceable. The following steps can ensure that your organization maintains a safe working environment with regards to employee medical marijuana use while reducing the risk of costly legal claims:

Review the company’s current drug testing policies to the extent that they test for marijuana, and determine whether state law requires exceptions to testing policies as a reasonable accommodation
Train managers on how to handle reasonable accommodation requests by disabled employees who are certified, medical marijuana users
Review policies regarding illegal drugs and disabilities to ensure that each complies with your state’s current medical marijuana laws
Ensure that managers and human resources employees are properly trained on how to determine (and document) employee impairment when an employer suspects that drug use (legal or otherwise) is causing workplace issues

WageWatch offers accurate, up-to-date benefit surveys, salary surveys and pay practices data that will allow you to stay current with the times. This information is highly beneficial in creating the best salary and benefits packages that meet or rival the industry standards. For more information on our services, please call WageWatch at 888-330-9243 or contact us online.

OREGON—8th STATE TO PASS FAMILY/MEDICAL LEAVE

Oregon officially became the most inclusive law in the country, with respect to paid family and medical leave, when Governor Katy Brown signed the bill into law last week (July 1, 2019).

The law covers 12 weeks annually, to new parents, victims of domestic violence, and people who need to take care of an ill family member or themselves; an extra two weeks is given for those giving birth (New Jersey is the only other state which includes domestic violence victims in paid leave legislation)
Family is defined to include “any individual related by blood or affinity whose close association with a covered individual is the equivalent of a family relationship”
Oregon will be the first to pay low-income works 100% of their wages when they’re off, with weekly benefits capped at around $1,215 (you must earn at least $1,000 in wages a year to qualify)
The law will be funded through a payroll tax (not to exceed 1% of employee wages)
Employees pay 60% of the total rate and employers will cover the remaining 40%
Employers with less than 25 employees will not pay into the program
The program will start taking contributions in 2022, and people will be able to start using it in 2023
Research suggests paid family and medical leave improves participation rates for new mothers in the labor force, with corresponding benefits in pay equality, infant and child health, and lowers poverty rate
The program will take a few years to get started because it’s a new social insurance program, just like unemployment insurance or workers compensation.

The additional states that have adopted a paid family and medical leave policy include the following (along with the effective date):

California (2004)
New Jersey (2009)
Rhode Island (2014)
New York (2018)
District of Columbia (2020)
Washington (2020)
Massachusetts (2021)
Connecticut (2022)

Paid leave is on the national legislative agenda with new momentum. This new law in Oregon represents the eighth state, along with the District of Columbia, to adopt a paid family and medical leave policy. Full wage compensation for American workers in poverty will likely motivate more employees to take advantage of paid leave benefits.

At WageWatch our compensation consultants are focused on your organization’s compensation needs and ready to help you ensure that your compensation programs are supporting your company’s business strategy and objectives and that your pay practices are fair, equitable and non-discriminatory. We can provide your business with compensation surveys and salary reports to help you establish a budget for your merit pay program, including bonuses and incentives. Our innovative company is a leader in the collection of data for surveys and salary reports, which allows us to provide services to a wide range of industries in both the private and public sector. To learn more about our compensation surveys, salary reports, and other services. Please call 480-237-6130 or contact us online.

10 FUN FACTS FOR THE FOURTH OF JULY

This blog post provides you with a quick overview of interesting facts about this great holiday. How many of these facts are you aware of? Test your knowledge!

July 2nd is the real day of Independence, but it’s celebrated on the fourth because that’s when Congress accepted Jefferson’s declaration.
Only John Hancock signed the Declaration of Independence on July 4, 1776; all the others signed later.
Thomas Jefferson changed the wording of the Declaration of Independence from “the pursuit of property” to “the pursuit of happiness.”
The only two signers of the Declaration of Independence who later served as President of the United States were John Adams and Thomas Jefferson.
The first Independence Day celebration took place in Philadelphia on July 8, 1776.
President John Adams, Thomas Jefferson and James Monroe all died on the Fourth of July. Adams and Jefferson (both signed the Declaration) died on the same day within hours of each other in 1826.
On July 4, 1778, George Washington ordered a double ration of rum for his soldiers to celebrate the holiday.
Every 4th of July the Liberty Bell in Philadelphia is tapped (not actually rung) thirteen times in honor of the original thirteen colonies.
Americans consume around 155 million hot dogs on the Fourth of July each year. They also spend $92 million on chips, $167.5 million on watermelon, and $341.4 million on beer.
NYC has America’s Biggest Fourth of July Fireworks Display.
– The show lasts 25 minutes, firing off approximately 3,000 shells per minute.
– It takes 55 crew members 10 days to set up the fireworks.
– More than 3 million spectators view it.

WageWatch Wishes You a Happy Fourth of July!

HUMAN RESOURCES: THE GATEKEEPER FOR COMPANY ETHICS

Business ethics are important to every business and are often a component of a company’s core values. However, that doesn’t mean that the organization is ethical. To build an ethical organization, leadership must establish, and model the company’s core values. Ethics must be woven into the fabric of the organization, fully supported by leadership and integrated into the company’s philosophies, values, policies, procedures, and practices. HR departments represent employees, their concerns, and deal with fairness issues. HR’s role in ethics management should be central to ensure real benefits for the organization and the employees. Human resources deal with a variety of ethical challenges that if not handled properly can damage a company’s reputation, lead to serious legal issues, and lead to a potentially high-cost impact on an organization. For example, discrimination issues, sexual harassment, and unfair employment policies that can damage a company’s reputation as well as lead to a severe financial impact.

However, HR departments should not be expected to manage ethics initiatives on their own. For ethical behavior to become part of an organization, there needs to be a collaborative effort that also includes Legal, Audit, the top management team, and the board of directors. HR should have a primary role in the development and integration of ethics programs into key organizational activities, such as the design of performance appraisal systems, management training, and disciplinary processes.

The first step to include ethics in company policy and strategies is to put ethics on the agenda, make it part of the conversation. This can begin the process of ethics to become part of the organization’s culture, business plan, and goals. HR professionals can help leadership define ethics for the organization. For example, what are the specific types of ethical issues that impact your organization, your competitors, and your industry? This process of defining what ethics means to your organization can help determine safeguards that can be included in policies and processes such as recruiting, onboarding, and leadership training. Ensure ethics policies are in place for issues such as discrimination, sexual harassment. and employee fair treatment. Establish and communicate expectations for your employees to ensure each employee understands their role. Communications surrounding ethics and other core values should be on-going. HR professionals are in leadership roles and employees look to leadership to guide their own behavior. Organization leaders need to set the example by engaging in legal and moral behaviors, and by showing their respect for the employees and for the organization. It is critical to creating a supportive environment of trust and transparency. Employees need to see fair treatment across all levels and need to trust in order to come forward regarding ethical concerns. Ethics panels can be created for the review of issues and violations.

Treating employees ethically can bring tremendous benefits to an organization. It can earn long-term employee trust and loyalty. Loyal employees gain more experience, and master processes, and become more vital to the success of the organization. Loyal employees are happier employees and can also translate into increased productivity and efficiency as well as minimize recruiting and training costs. Putting a Code of Ethics in place and encouraging leaders to model desired behaviors are important first steps toward creating an ethical organization. Holding ethics high as a core company value is key to a company’s success and longevity.

Having the appropriate employee fairness policies and processes in place is critical to maintaining an ethical organization. But it is equally important that these policies and processes are supported by fair and competitive compensation practices. For the good of your employees, it is helpful to analyze benefits survey data, compensation surveys, and salary reports. Having this information at hand allows you to plan a budget, including competitive employee salaries and benefits, which will help you to hire and retain a happy, talented team. At WageWatch, our expert evaluators provide businesses in a large range of industries with accurate and beneficial benefits survey data, compensation surveys, and salary reports to ensure that payment and benefits plans are on par with those in the industry. For more information on market compensation data, please call WageWatch at 888-330-9243 or contact us online.

PAY EQUITY ANALYSIS

To manage the risk of pay discrimination, organizations should conduct periodic pay equity analysis. The goal of a pay equity study or analysis is to identify problems and ensure compensation practices are fair and equitable. The study should look for trends that identify the disparate impact on wage rates. Data elements to include in the analysis are hire dates, hire rates, performance rating, merit increases, age, ethnicity, gender, and promotion dates and increases. Group the data in job classifications and departments by the hierarchy as well as grouping comparable jobs across departments. Sort the data by the various data elements to see what emerges. This analysis can identify wage inequities as well as explain some of the differences in pay among comparable employees. A thorough analysis is important for managing the risk associated with pay discrimination claims.

Differences in knowledge, skill, ability, effort or responsibility provide a legitimate basis for differences in pay among employees doing the same work. However, these factors can be difficult to validate or prove, and therefore you will need to rely on the data that is readily available including:

Job title or grade
Time in current job or grade
Job duties including the degree of responsibility
Job status (Full or part-time, exempt or non-exempt, etc.)
The location where the employee lives and works
Company service time
Education
Prior experience
The market value of a job
Performance Review documenting effort in terms of quantity and quality of work

Pay equity issues can occur over time as a result of flaws in a compensation process including:

Insufficient training of Managers regarding performance, merit and other increases
Inefficient and inconsistent merit pay processes
Decisions being made in “silos” and without consistent checks such as HR/Compensation approval
Making decisions without market or internal data for guidance
Reactive hiring decisions relative to “hot” jobs
Poorly maintained salary structures that have not kept step with the market
Failure to reclassify jobs as changes in responsibility occur

A pay equity study will involve the input an experienced compensation analyst and/or specialist as well as HR information systems and may involve appropriate legal counsel. Once pay inequities are discovered, HR will need to determine a timeline and the funding for the pay equity adjustments.

In 2009, President Obama signed into law, the Lilly Ledbetter Fair Pay Act which increased organizations’ exposure to pay discrimination claims by overturning a rule that workers must sue for pay discrimination within 180 days after the original pay decision was made. As a result of the Act, each paycheck now resets the clock and employees can file lawsuits for perceived discriminatory pay decisions even if the pay decision occurred years earlier. So, it is more important than ever for employers to carefully document all pay decisions and stay on top of pay equity in their organizations.

In 20016, the Obama administration announced executive action which requires companies with 100 employees or more to report to the federal government how much they pay their employees broken down by race, gender, and ethnicity. It is hoped that this transparency will help to root out discrimination and reduce the gender pay gap.

On March 27, 2019, the U.S. House of Representatives voted to pass the Paycheck Act, an act designed to amend and strengthen the existing federal Equal Pay Act. The Act further provides that the “bona fide factor” justifying gender-based pay disparities would only apply where “the employer demonstrates that such factor is: 1) not based upon or derived from a sex-based differential in compensation, 2) is job-related with respect to the position in question, 3) is consistent with business necessity; and 4) accounts for the entire differential in compensation of issue.” The Paycheck Fairness Act has been moved to the Senate for consideration and voting.

MINIMUM WAGE UPDATE – JULY 2019

The U.S. Federal minimum wage has not increased since July 2009, however, many states, cities, and counties have decided to vote into law their own increase in the minimum wage. Some states have decided to gradually increase their minimum wage to $15.00 per hour over the course of several years. While most of the wage increases occur at the beginning of the year, other wage increases occur throughout 2019, with TWO states initiating an increase on July 1.

There are only FOUR states and the District of Columbia that will increase their minimum wage post the increases that occurred on
January 1, 2019; they include the following:

DELAWARE – $9.25/hour, effective 10/1/2019
MICHIGAN – $9.45/hour, effective 3/29/2019
NEW JERSEY, effective 7/1/2019
- $10.00/hour (large employer of 6 or more employees)
- $8.85 (small employers of 5 or fewer employees & seasonal employers)
OREGON, effective 7/1/2019
- $11.25/hour, Urban counties
- $12.50/hour, Portland metro
- $11.00/hour, Nonurban counties
WASHINGTON DC, effective 7/1/2019
- $14.00/hour

An overview of the states, cities, or counties which have minimum wage increases beginning July 1, 2018 include:

California – Not statewide; increases in the following cities:
- Alameda
- Berkeley
- Daly City
- Emeryville
- Fremont
- Long Beach
- Los Angeles City
- Los Angeles County, Unincorporated
- Malibu
- Milpitas
- Oakland
- Pasadena
- San Francisco (city and county)
- San Leandro
- Santa Monica

Illinois – Not statewide, two local jurisdictions:
- Chicago
- Cook County
Maine
- Portland
Maryland – Not statewide; one county:
- Montgomery County
Minnesota – Not statewide:
- City of Minneapolis
New Mexico – Not statewide:
- City of Santa Fe
- Santa Fe County

For more detailed information click here: MINIMUM WAGE CHART. Review the state-specific tabs for detailed information on the city wage increases.

At WageWatch our compensation consultants are focused on your organization’s compensation needs and ready to help you ensure that your compensation programs are supporting your company’s business strategy and objectives. WageWatch also offers accurate, up-to-date benefit surveys, salary surveys and pay practices data that will allow you to stay current with the times. This information is highly beneficial in creating the best salary and benefits packages that meet or rival the industry standards. For more information on our services, including consulting, salary survey data, benefit survey data and market compensation reports, please call WageWatch at 888-330-9243 or contact us online.

TO CHECK OR NOT TO CHECK: A BACKGROUND CHECK PRIMER

There are many types of background checks available to HR professionals that can be conducted in-house or externally by vendors who specialize in employment screenings. HR professionals should take a strategic view of onboarding as a process. By doing so, several layers of checks and screenings are implemented to best reduce new hire risks. It is the old adage that the result is more than the sum of its parts.

New hire selection process starts with the job advertisement or announcement. The announcement needs to be designed to attract specific skills and behaviors while discouraging those without the requisite skills. Posting in the advertisement that the position requires a drug test or criminal background check is a potent deterrent. Those still interested should be directed to a job application that captures information that will form the groundwork for the pre-employment screenings in the next recruitment phase.

The EEOC enforces Title VII of the Civil Rights Act; Age Discrimination Act; Title I of the Americans with Disabilities Act; Equal Pay Act; and Title II of the Genetic Information Act. Employers are welcome to use all manner of pre-employment screenings if they comply with EEOC standards. None of these Acts directly prohibit employment discrimination based on credit information, conviction records, previous employment, education, or psychological/behavioral profiles. However, the EEOC has a published a Compliance Manual and provides guidance on a number of pre-employment scenarios, because of the disparate impact facially neutral policies can have on these numerous protected classes.

This is the tightrope that causes many HR professionals to gloss over background checks out of fear of inadvertently triggering an EEOC investigation. What you don’t know, can hurt you. HR has a duty to the company to traverse this tightrope and understand the often gray and contradictory playing field (between state and federal guidelines) in which they conduct pre-employment screenings.

Criminal Background Checks – Treat each criminal record individually in the context of the job sought, work environment and conditions, and risk to the organization. Ask the candidate about the situation. Deliberate omission and lies can be used a basis to disqualify the candidate.

Credit Check – Most commonly used for positions that have are executive level, have financial responsibility, or have access to confidential information such as social security numbers to reduce the risk of theft or embezzlement. Allow candidates the opportunity to explain negative results as some reasons, such as medical bills, are protected.

Physical/Medical Exam – This screening is allowed only after a conditional offer of employment is extended and is used in specific jobs that require a proof of fitness in order to safely perform duties. All candidates in the job category are required to have the same medical examination. The candidate medical history is confidential and must be kept separate from employment records. HR professionals need to keep in mind that the medical examiner does not make the final hiring decision.

Motor Vehicle Record – This is a critical check for positions that are required to operate a company vehicle as part of the job requirement. In some states, DUI convictions are kept with the DMV not the criminal court system. There are vendors that make multi-state verification easier by consolidating searches.

Work & Education History – Past performance is a strong indicator of future performance. The goal of the work history and education background check is to establish that the glowing resume represented to the recruiter is factual and accurate. On education, check with the governing body on the authenticity of the degree. We recommend asking for full transcripts for recent graduates with a short work history.

As a company, it is important for you to understand the new regulations set forth by the EEOC and implement them in your hiring and workplace practices. Additionally, for the good of your employees, it is helpful to analyze benefits survey data, compensation surveys, and salary reports. Having this information at hand allows you to plan a budget, including competitive employee salaries and benefits, which will help you to hire and retain a happy, talented team.

At WageWatch, our expert evaluators provide businesses in a large range of industries with accurate and beneficial benefits survey data, compensation surveys, and salary reports to ensure that payment and benefits plans are on par with those in the industry. For more information on market compensation data, please call WageWatch at 888-330-9243 or contact us online.

WAGE AND HOUR POTHOLES

Every company should perform wage and hour audits periodically; minimally once a year and twice a year if possible. It is easier for you to catch and correct errors than to risk discovery from employees or in the event of a DOL audit. To remain compliant with wage and hour regulations it is valuable to have the appropriate checks in place, such as up-to-date written policies and procedures, periodic training for supervisors and managers, the establishment of effective complaint mechanisms, and a regular audit process should be established.

Wage and hour violations are not only costly from the standpoint of back pay and penalties but can also lead to serious employee relation issues if employees feel they are not being compensated. Below are a few of the many wage and hour potholes of which you should beware.

Overtime Pay

Many missteps can occur regarding overtime pay, a few include:

Misclassifying workers as ‘exempt’ from overtime
Not paying ‘unapproved’ overtime
Failing to count all hours worked, including pre and post work activities
Failing to count certain activities as work time including working through a break
Checking emails or performing other duties during time-off
Travel time and meeting and training attendance

Bonus or commission payments to nonexempt employees may impact overtime pay. A bonus should be included in the calculation of the regular rate of pay for the weeks which the bonus is earned. This will increase the overtime rate for these weeks. The weeks for which the bonus is earned includes all weeks covered by the bonus period. For example, if it is a quarterly bonus then all weeks in the quarter will apply.

Another consideration for computing overtime pay is when an employee works two or more jobs with different hourly rates at one or more facilities for the same employer in the same workweek. The employer must use the weighted average of the rates to compute the employee’s regular rate of pay for the purpose of calculating overtime pay.

Exemption Status / Salary Basis Test

Do you examine the duties of your salaried employees and not just their titles or how they are paid in determining whether they are exempt? Your exempt employees must pass one of the FLSA exemption tests in order to be exempt from being paid overtime. These exemption tests are based on actual work performed and do not test based upon the job title nor what is written in the job description.

For a job to remain exempt it must pass the Salary Basis Test which ensures that improper deductions to exempt employee’s salary are not made. There are very specific rules to follow when making any deductions to an exempt employee’s salary. Also, a job that is exempt can lose exempt status when the duties and responsibilities change due to things such as staff reductions or organizational changes. Therefore it is advisable to retest jobs that are impacted by these types of changes.

Meal and Rest Period Compliance

Many state wage and hour laws require employers to provide their employees with meal and/or rest breaks. These laws specify the circumstances under which such breaks must be compensated. In some cases, state laws impose different requirements than does FLSA.

A few more potholes worth mentioning:

We have mentioned just a few of the many potholes HR professionals need to be aware when classifying jobs as exempt or nonexempt, overtime pay calculation, and rest period compliance. Here are a few more to keep in mind:

Failing to pay employees on the day of termination
Failure to follow rules for On-Call pay;
Improper use of ‘Comp Time’
Unlawful deductions from employee paychecks.

Be sure to consult your federal and state wage and hour resources and/or your wage and hour counsel to ensure a thorough and correct understanding of wage and hour rules.

Remaining compliant with wage and hour regulations is an important task that the Human Resources and Compensation department performs for an organization. Another important task performed is to ensure fair and competitive pay practices. For the good of your employees, it is helpful to analyze benefit survey data, compensation surveys, and salary reports. Having this information at hand allows you to plan a budget, including competitive employee salaries and benefits, which will help you hire and retain a happy, talented team.

MILLENNIAL INFLUENCE IS CHANGING CORPORATE CULTURE

It is predicted that Millennials will change the world more than any other generation, as stated in a recent Gallup report. There are roughly 73 million millennials—born between the years of 1980 to 2000. By 2020, millennials will represent 40-50% of the entire workforce.

This generation is defined by a lack of attachment to institutions and traditions which is one reason they change jobs more quickly. One-fifth (21%) of Millennials changed jobs in the past year, costing the U.S. $3.06 billion. It is estimated that 38% of millennials are actively looking for work and 43% are open to offers. They are uncomfortable with rigid corporate structures and feel held back by rigid/outdated working styles.

To accommodate the change in values of the Millennial generation, organizations need to consider changing their culture. The SIX key changes to consider include:

LEADERSHIP CHANGES:

PAST	FUTURE
My Paycheck	My Purpose
My Satisfaction	My Development
My Boss	My Coach
My Annual Review	My Ongoing Conversation
My Weaknesses	My Strengths
My Job	My Life

Millennials don’t just work for a paycheck, they want their work to have a purpose; a paycheck is no longer the primary driver.
A key pursuit of millennials is personal development versus the pursuit of job satisfaction. They don’t need ping-pong tables or free food as a way to drive their satisfaction; they are more likely to see these tactics as condescending.
A coach is preferred by millennials; bosses are viewed as being in command and control. A coach is someone who understands and will help build their strengths.
An on-going conversation versus receipt of an annual review is the type of communication that millennials appreciate.
Millennials don’t want to fix weaknesses, instead, they want to develop their strengths. A focus on strengths leads to a millennial being able to contribute more to their role and to the organization.
It’s not just a job to a millennial…it is their life. Millennials value a role that allows them to use their strengths and want to be acknowledged for the contribution that they make as an individual.

Why is it so important to understand the change that millennials expect in the workplace? They are the future of our workforce and if they are not engaged, companies suffer which creates a chain reaction in the entire U.S. economy. It will be increasingly important for organizations to learn how to best tap into the strengths of the millennial generation.

Change can be challenging and demanding. At WageWatch our compensation consultants can assist with your organization’s compensation needs and help ensure your wages and salaries are supporting your company’s business strategy and objectives. In addition to our PeerMark Salary Survey for over 100 local lodging markets in the U.S. and Canada, we offer a National Benchmark Salary Survey. With over 9,000 hotels and 200 casinos in our database, WageWatch’s hotel and gaming salary surveys are the most comprehensive surveys available to Human Resource professionals. For more information on our services, including consulting, salary surveys, benefit surveys, and custom compensation reports, please call WageWatch at 888-330-9243 or contact us online.

EFFECTIVE JOB DESCRIPTIONS

Job descriptions describe the major duties and responsibilities of a position or job and are an essential part of hiring and managing employees. They are tools to help your applicants and employees understand their roles and accountabilities. They can be used to establish a training checklist for new incumbents, as guideposts in the performance appraisal process, and as market benchmarks for compensation surveys. Job descriptions are not required by law however, they can provide evidence of the essential functions of a job for purposes of complying with federal employment laws. They can also be used for disability and worker’s compensation claims. It’s good practice to get legal advice to ensure that your job descriptions are compliant. Below are some of the legal requirements to keep in mind while writing your job descriptions.

Fair Labor Standards Act (FLSA): Exempt or Non-exempt classification should be included in all job descriptions.
Occupational Safety and Health Act (OSHA) and the Americans with Disabilities Act (ADA): Working conditions and any required physical activity should be noted in all job descriptions.
Equal Employment Opportunity Commission (EEOC): Include, “we are an equal opportunity employer” in all job descriptions.
Age Discrimination in Employment Act (ADEA): Job descriptions should not indicate age preference.

The first steps in writing job descriptions are the data collection and job analysis processes which begins with questionnaires and/or interviews with both the supervisors and current employee incumbents to gather and determine the key facts about the job. You will need to collect information that will later be summarized in your job description template. Generally, the data will include Job Title, Immediate Supervisor, Department, Pay Grade, Working Hours, and Travel Requirements, FLSA Status, Mission/Summary, Essential and Non-Essential Tasks and Responsibilities, Supervisory Responsibility, Job Requirements (education, skills and experience required for the job), Working Conditions, Physical Demands, Equipment Usage, and Disclaimer for Management Ability to Modify.

A job description should be practical and summarize the key elements of a job in a clear, concise manner. Be specific and avoid using subjective adverbs or adjectives such as “frequently,” “some,” “occasional,” and “several.” It’s important to build flexibility into a job description and ensure that it is dynamic and functional. Flexible job descriptions will allow your employees to evolve within their positions as processes, technology, and organizational changes occur. A well-written job description will require an investment of time and effort to accurately reflect your organization and unique jobs.

The duties list should contain each essential job duty or responsibility that is critical to the successful performance of the job. The list should be prioritized with the most important listed first down to the least significant. Do not include tasks that comprise less than 5 percent of the overall time. Each Essential and Non-Essential Duty should be assigned a percentage of time and all duties together should total 100 percent. Each duty should be described in one to three sentences; the first sentence should begin with an action verb. Generally, there are one or two non-essential duties that total five to ten percent of the total time and are duties such as “Assist in special projects as required” or “Any other task assigned by the supervisor.” This provides flexibility to change duties over time and captures occasional and unforeseen needs that arise.

At WageWatch our experienced compensation consultants can assist with your organization’s compensation needs. We can help you ensure internal equity and compliance with regulations as well as help you structure your compensation programs to support your company’s business strategy and objectives. WageWatch also offers accurate, up-to-date benefit survey data, market compensation data and salary reports that will allow you to stay current with the times. This information is highly beneficial in creating the best salary and benefits packages that meet or rival the industry standards. For more information on our services, including consulting, salary survey data, benefit survey data and market compensation reports, please call WageWatch at 888-330-9243 or contact us online .