Job Descriptions as a Tool For Determining Employees’ Qualifications, Exempt Status & Workplace Accommodations

September 27, 2012 HR Law Consultants Conference
Session 6: 4:00 p.m. – 5:00 p.m.

Click here for the full conference schedule. Click here to download the registration form.

Roberta Etcheverry will draw from over 20 years of experience as a workplace consultant to provide a step-by-step approach to developing accurate and detailed job descriptions that can be used to: 1) effectively recruit, hire and evaluate employees; 2) determine essential job functions as part of the reasonable accommodations process for employees with disabilities and medical conditions; and 3) determine whether an employee should be classified as exempt or non-exempt from overtime and other pay obligations. Ms. Etcheverry will provide guidance on how to succinctly describe employees’ essential job functions and the degree of independent judgment and discretion exercised in order to determine proper classification of workers. She will present examples of which job duties would and would not qualify under each exempt category, which will enable legal counsel to make critical decisions about employees’ exempt status and avoid common misclassification mistakes. A well crafted job description containing clearly written essential job functions will also help an employer determine whether an employee with a disability can be provided with a reasonable accommodation once they can no longer perform their job functions.

Roberta Etcheverry, a renowned workplace consultant and expert on how to prepare effective job descriptions is CEO of Diversified Management Group (DMG), a statewide network of consultants who train and assist employers on workplace ergonomics, job descriptions, essential job functions, and job accommodations for employees with injuries and disabilities. Ms. Etcheverry has over 20 years experience providing employers with detailed job descriptions that include an analysis of essential job functions and job qualifications for both wage and hour audits and disability accommodations. She trains employers on how to use federal and state guidelines to determine essential job functions, and has been a trainer at the EEOC Annual Conference. She provides guidance to employers on how to craft job descriptions to be used in phases of employment, including hiring, performance management, job accommodations, and classification of exempt and non-exempt employees. She has analyzed job positions for Kaiser Permanente, Whole Foods Market, Ghirardelli Chocolates, American Airlines, Pacific Gas & Electric, and numerous other public and private organizations.

Ms. Etcheverry attended West Point and Stanford University and is certified as a Professional in Disability Management (CPDM). She was a key contributor to the State of California Return to Work Guide (2010) in collaboration with the Commission on Health, Safety and Workers’ Compensation and served as a moderator for a panel presentation on Return-to-Work at the International Forum on Disability Management in September 2010. Ms. Etcheverry is an active member of the California Consortium Promoting Stay-at-Work/Return-to-Work (www.CASAWRTW.org), Northern California Human Resources Association, Society for Human Resource Managers, Public Agency Risk Management Association, and Small Business California.