employer. Some non-exempt work may be performed, but the essential duties must relate to management decisions requiring the exercise of independent judgement. The job description should list a range of the required duties that demonstrate the use of independent judgment to assure that the exemption is supported by the specific job duties.


Conclusion Taking the time to update your job descriptions, or to create them if you have not already done so, will serve you well in making day-to-day workplace decisions. Equally important, they may be critical in defending a failure to accommodate claim under the ADAAA as well as a challenge to exempt status.


About the Author


Richard D. Alaniz is a partner at Cruickshank & Alaniz, a labor and employment firm based in Houston. He has been at the forefront of labor and employment law for over forty years, including stints with the U.S. Department of Labor and the National Labor Relations Board. Rick is a prolific writer on labor and employment law and


conducts frequent seminars


to client companies and trade associations across the country.


Questions about this article, or requests to subscribe to receive Rick’s monthly articles, can be addressed to Rick at (281) 833-2200 or ralaniz@a-c-law.com.


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