More than half of all employees have taken on new roles during the economic downturn, according to a recent Spherion Staffing survey. That’s “job creep,” and it’s a big problem.
It can cause employees to burn out or become dissatisfied with their jobs. (The survey found that only 7% of employees received additional pay in return for expanded duties.) Productivity might suffer.
Job creep has important employment law implications, with potential effects on FMLA leave, ADA accommodations and Fair Labor Standards Act (FLSA) compliance.
It also means many of your job descriptions are probably outdated.
THE LAW: Several federal laws rely on up-to-date, accurate job descriptions. Most notably, the ADA requires employers to specifically designate which job functions are essential and which are not. An employee who cannot perform a job’s essential functions because of a serious health condition may be entitled to leave under the FMLA. In either case, accuracy counts.
Additionally, the FLSA requires paying overtime to employees who are not exempt under the law.
WHAT’S NEW: What’s new is what’s getting old: the sluggish economy.
As companies cut back to stay afloat, many have asked remaining employees to do more. As employees stayed further from their areas of expertise, their job descriptions may not have caught up.
Although some companies have started hiring, many are still unsure the lackluster recovery will con-tinue, so they’re loath to hire. But the lean economy hasn’t lowered per-employee labor costs. Advertising, sifting through mountains of résumés, health care benefits and training all cost as much or more than they did a few years ago.
Employees pay, too
Employees are taking a hit, too. A recent Conference Board survey found that a record-low 43% of Americans are satisfied with their jobs.
Think of employee overwork as another bubble, as real as the housing and tech bubbles. When the bubble bursts, you may see an exodus out your door. Many employers may find the labor costs they thought they were saving were only deferred.
Overworked employees don’t always work very well. Studies also show that job performance falls precipitously after 10 consecutive hours on the job.
Employment law issues
Stressed workers are more likely to need leave under the FMLA. They are also more prone to workplace accidents that may drive up workers’ compensation costs.
The EEOC recently completed its new regulations for the Americans with Disabilities Act Amendments Act (ADAAA), which expands the number of conditions that may be considered disabilities. Employees who develop conditions that meet the law’s new, more lenient definition of disability will demand more accommodations to allow them to perform their job’s essential functions. If job descriptions have not kept pace, employees may simply provide medical documentation exempting them from many of the new duties they have been assigned.
Shuffled job responsibilities and organizational structures may make employees who were previously exempt under the FLSA eligible for overtime. Don’t assume that adding nonmanagement tasks to a manager’s plate won’t affect the manager’s exemption. In some cases it may.
HOW TO COMPLY: As overworked as HR pros like you may be, take the time to update job descriptions. Even tasks that should be temporary assignments until the economy picks up should be documented and labeled as either essential or nonessential functions. After all, today’s temporary assignment is tomorrow’s permanent task.
Examine employee workloads to determine if some workers are being asked to do more than is reasonable. The signs of overwork are increased absenteeism and lower productivity.
Do you sometimes pile jobs on your most capable workers? They may not complain when so many are out of work and they’re just grateful to have a job at all. However, too many additional duties may mean you are getting diminishing returns from once-productive workers.
When evaluating workers, look for dips in productivity that coincide with increased job duties. Look at ways to spread the additional responsibilities over several workers. Examine ways of automating functions to make tasks less demanding.
Of course, waiting for performance-appraisal time to roll around may be waiting too long. Encourage employees to tell their bosses when workloads get too burdensome. Supervisors should prioritize tasks they need completed and clearly communicate those priorities to employees. That way, the important jobs get done first.
The temp option
While employers are understandably hesitant to hire new employees, some tasks may be best performed by temporary workers. You can save money by having temps handle tasks that do not require in-depth, specialized or expensive training. Appropriate temp hiring can free permanent employees to focus on their primary tasks and perform them more efficiently.
