1
Enter the position identification details
Fill in the official job title, department, FLSA classification (exempt or non-exempt), work location, and direct supervisor title. Use the same title that will appear in your payroll system and employment contract.
💡 Confirm the FLSA classification with a wage-and-hour advisor before publishing — misclassifying a non-exempt employee as exempt is one of the most common and costly HR errors.
2
Write the position summary
Draft 3–5 sentences describing the role's primary purpose, the team it supports, and the type of licensing activity covered — business licenses, professional licenses, or regulatory permits.
💡 Use the licensing activity type (e.g., 'municipal business licenses' vs. 'healthcare professional licenses') to anchor the summary. Generic summaries make the description harder to defend in a reclassification dispute.
3
List essential functions in order of importance
Identify 6–10 core duties, starting with the most critical. For each, note the approximate percentage of time spent and flag it as an essential function. Add secondary duties in a separate paragraph.
💡 Under the ADA, essential functions are those performed frequently, require specialized skill, or cannot be redistributed without fundamentally changing the job. Document this reasoning in your HR file, not just in the description itself.
4
Define minimum and preferred qualifications separately
Set the lowest education and experience threshold a qualified candidate must meet, then list preferred qualifications in a separate block. Ensure minimum requirements are genuinely necessary for performing the essential functions.
💡 In jurisdictions with pay transparency or skills-based hiring laws (California, New York, Colorado, Ontario), required qualifications must be defensible against disparate-impact analysis. Avoid defaulting to 'bachelor's degree required' if the role does not need it.
5
Specify compliance and data-handling obligations
Identify the specific laws and internal policies that govern license data — state public records laws, HIPAA, PIPEDA, GDPR, or local municipal codes — and reference them by name in the compliance clause.
💡 A compliance clause that names specific regulations is enforceable in a disciplinary proceeding; a clause that says only 'comply with all applicable laws' typically is not.
6
Add compensation range and benefits reference
Enter the salary or hourly range, pay frequency, and a short reference to benefits eligibility. Avoid specifying current plan details — reference the plan 'as amended from time to time' to prevent the description from creating contractual benefit entitlements.
💡 Check your jurisdiction's pay transparency requirements before finalizing. Colorado, California, New York, Washington, and several Canadian provinces require that posted pay ranges reflect the actual intended offer range.
7
Obtain signatures before the employee's start date
Route the completed description to the hiring supervisor for countersignature, then to the incoming employee to sign before or on their first day. File the signed copy in the employee's personnel record.
💡 In common-law jurisdictions, a job description signed after employment begins may not constitute consideration — the same fresh-consideration problem that affects post-hire non-compete agreements.
8
Schedule annual reviews and update after role changes
Set a calendar reminder to review the description annually or whenever the role's duties change materially. An outdated description that no longer reflects actual work creates exposure in FLSA reclassification audits and ADA accommodation disputes.
💡 When duties change significantly, have the employee sign an updated description and place it alongside the original in the personnel file — do not replace the original, which may be needed as a baseline for a prior-period claim.