Q & A Session – Duties Not In Job Description

0

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.

Q:

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?

A:

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.

Disclaimer: Ask a Lawyer publishes information on this website for informational purposes only. Information on this website is intended – but not promised, guaranteed, or warranted – to reflect correct, complete and current developments. In addition, the contents of the website do not constitute legal advice and do not necessarily reflect the opinions of the attorney. Information from this website is not intended to be used as a substitute for specific legal advice, nor should you consider it as such. You should not act, or refrain from acting, based on information on this website without seeking specific legal advice about your particular circumstances. No attorney-client relationship between you and Ask a Lawyer’s author is created by the transmission of information to or from this site.

Share.

About Author

Leave A Reply