In the job description problem, I walked through the ways a wrong description or classification turns into an accommodation dispute, a workers’ compensation fight, or an overtime claim. Almost every one of those problems has the same root cause. The description was accurate once, and nobody updated it.
Why job descriptions go stale
Jobs drift quietly:
- A role absorbs the work of someone who left and was never replaced.
- New equipment or software changes the physical demands or the skills required.
- A reorganization moves supervisory duties to someone else, but their description still says “manages the team.”
- A position goes remote or hybrid, and the description still says “must be on site.”
- A “temporary” arrangement with a contractor becomes a full-time role in everything but name.
The law moves too. In the last two years alone, the federal overtime salary threshold went up and came back down, the Department of Labor’s independent contractor test has been in flux, and the pregnancy accommodation rules changed what “essential” means in practice. A description is a dated piece of evidence. The longer it sits, the more likely it describes a job that no longer exists.
What an audit covers
- Inventory. Every role, its current description (if there is one), headcount, pay basis, FLSA status, and how the people in it are classified for payroll, EEO-1 reporting, and workers’ compensation.
- Reality check. Short interviews or questionnaires with the people in each role and their managers about what the job actually involves day to day, plus a look at the physical demands where they matter.
- Legal review. Essential versus marginal functions, physical requirements tied to the work, qualifications that are truly required, overtime exemptions tested against the actual duties, and any contractor relationships tested against the federal, IRS, and Texas Workforce Commission standards.
- Rewrite. Clear, consistent descriptions in one format, written as outcomes, that also work as recruiting copy.
- A findings memo. What changed, what was misclassified, what it may have cost, and what to fix first. When an audit is done by counsel for the purpose of legal advice, those findings can often be kept privileged, which matters if the audit turns up a problem.
The part most companies skip: keeping them current
A one-time cleanup decays. The real value is a description that is accurate on the day you need it, the day an accommodation request arrives, a doctor asks about light duty, or a former employee files an overtime claim. So after the audit, I keep the descriptions current on a schedule you choose:
- Quarterly for fast-growing companies, or roles that change often.
- Twice a year for companies that reorganize or add roles regularly.
- Annually, often tied to the compensation or budget cycle, for stable workforces.
Each cycle reviews what changed, updates the affected descriptions and classifications, flags any new legal developments that affect them, and records a new dated version. Old versions are kept, because the version in effect at a given time can matter in a later dispute.
Events that should trigger an update anyway
- Before posting an opening, so the description used to recruit is the current one.
- When a role absorbs new duties, loses supervisory responsibility, or changes location.
- When new equipment, software, or processes change the physical or skill demands.
- When an employee requests an accommodation, or a doctor asks about modified duty.
- When a contractor’s role starts to look like a job.
- When the law changes, such as an overtime salary threshold or a new contractor rule.
What it costs, and what it saves
The audit and each update cycle are quoted up front as fixed blocks of time, based on the number of roles and how much they change. See how fees work. Compare that with a single overtime misclassification claim, which can reach back two or three years for everyone in the same role, or a single accommodation dispute that turns on a description nobody updated. Keeping job descriptions current is ordinary maintenance. It is far cheaper than discovering in litigation what the job really was.
If you are not sure when your job descriptions were last reviewed, that is the answer. Start with a free call.