Q & A Session – Duties Not In Job Description


Ask the Lawyer received the following question (paraphrased for easier reading and clarity) from a reader on a legal matter that might be of interest to the entire audience.


I am doing duties that are not under my job description and have coworkers completing duties that are under my job description. I also regularly work overtime, but my coworkers doing similar duties do not have enough to do. I am not getting compensated for my overtime. I have been told about an 80/20 rule that says I am supposed to do at least 80 percent of my job description and someone else can do the rest. Is all of this legal and what can I do about it?


There is no 80/20 rule. Every position description has a provision requiring an employee to perform other duties as assigned. If your position description is inaccurate, you should request that your supervisor amend it and then you should request a desk audit to see if the job should be upgraded. If you are required to work overtime you are entitled to payment. If you are not-exempt from the FLSA (any of your SF-50s will tell you if you are exempt or non-exempt from FLSA), you are entitled to time and a half if you are required or allowed to work overtime. File a claim, but make sure you have records.

Bill Bransford is managing partner of Shaw, Bransford & Roth, PC.

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About Author

Debra Roth

Debra L. Roth is a partner at the law firm Shaw Bransford & Roth, a federal employment law firm in Washington, D.C. She is general counsel to the Senior Executives Association and the Federal Managers Association, host of the “FEDtalk” program on Federal News Radio, and a regular contributor to Federal News Radio’s “Federal Drive” morning show. Email your legal questions to lawyer@federaltimes.com.

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