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I meticulously prepared for our first post-Covid babysitter. I laid out pajamas, ordered food, and left important phone numbers on the countertop. I even taped a cheat sheet of my child鈥檚 favorite foods to the fridge. Everything went according to plan 鈥� the food arrived on time and the pajamas fit 鈥� until I realized my fatal error. I had printed out the wrong cheat sheet, from when we had only one child instead of two! This mistake meant that the babysitter did not have accurate information about food preferences, which led to two children who refused to go to sleep until we got home to feed them, which undermined the entire goal of babysitting, going on a date with my wife, and avoiding bedtime.

It鈥檚 amazing how one small oversight can throw everything off. I didn鈥檛 update the checklist, assumed my two kids would share food preferences, and the result was mass hysteria and a ruined evening. I鈥檝e seen the same thing happen with employers that failed to update their job descriptions. Read on to learn why it鈥檚 important to keep job descriptions up to date, what they鈥檙e used for, and what questions you should consider when revising them.

Why are up-to-date job descriptions so important?

It鈥檚 easy for employers to overlook the importance of keeping job descriptions up to date. After all, when you鈥檙e juggling a million other tasks, who has time to review dozens (or more) employee records? You might think, 鈥淓mployees know what they鈥檙e supposed to do, right?鈥� But it鈥檚 not always that simple. Job duties change over time, and skills and experience requirements evolve. For example, some jobs that were done in an office are now done remotely. And some employers no longer require a college degree for certain positions. So, it鈥檚 crucial to make sure your job descriptions reflect these changes. Accurate job descriptions help employees understand their roles and responsibilities, and they can also protect a company from potential legal issues.

Employers that don鈥檛 keep their job descriptions up to date can run into trouble. For example, if a job description doesn鈥檛 state that a task is an essential function, it鈥檚 hard for the employer to argue that someone can鈥檛 perform the job without it. Similarly, plaintiffs have successfully sued for 鈥渇ailure to hire鈥� when job descriptions don鈥檛 include certain qualifications. Updated and accurate job descriptions are critical to limiting liability.

Updated job descriptions allow meaningful performance reviews

Job descriptions are crucial for performance evaluations and improvement plans. They let employees know what鈥檚 expected of them, so it鈥檚 important to make sure they鈥檙e accurate and up to date. When you鈥檙e reviewing an employee鈥檚 performance, it鈥檚 helpful to refer back to the job description to make sure everyone is on the same page. And if an employee isn鈥檛 meeting the standards outlined in the job description, a detailed and clear description can prevent any surprises during evaluations or disciplinary meetings.

Your job description checklist

If you cannot remember the last time your company updated a job description, here are some questions to consider to help ensure it鈥檚 still accurate:

Which laws should you keep in mind?

Job descriptions are important for a variety of practical and legal reasons. If they鈥檙e out of date, vague, or inaccurate, they鈥檙e not only useless but also can put your company at risk for legal liability. That鈥檚 why it鈥檚 crucial to review your job descriptions with counsel. Accurate and up-to-date job descriptions help you make informed decisions about hiring, discipline, promotion, compensation, and termination. They can also serve as evidence of your company鈥檚 compliance with the ADA, FMLA, and FLSA. If your job description is out of date, reach out to your counsel today, so you do not suffer the same fate I did after my wife found out about my checklist error.

Stephen Scott is a partner in the Portland office of Fisher Phillips, a national firm dedicated to representing employers鈥� interests in all aspects of workplace law. Contact him at 503-205-8094 or [email protected].

The opinions, beliefs and viewpoints expressed in the preceding commentary are those of the author and do not necessarily reflect the opinions, beliefs and viewpoints of the Daily Journal of Commerce or its editors. Neither the author nor the 91视频 guarantees the accuracy or completeness of any information published herein.