Can an employee be required to perform work outside of the employee's job description?

Yes, the Fair Labor Standards Act (FLSA) does not limit the types of work employees age 18 and older may be required to perform.  However, there are restrictions on what work employees under the age of 18 can do.  This is true whether or not the work asked of the employee is listed in the employee's job description.

As part of your pre-pandemic planning, you may want to consult your human resource specialists if you expect to assign employees work outside of their job description during an influenza pandemic.  You may also wish to consult bargaining unit representatives if you have a union contract.

Note: As an overall matter, employers should be guided in their relationship with their employees by federal, state, and local employment law, and by the company-specific application of these laws as reflected in employee handbooks, manuals, and contracts (including bargaining agreements).

Not all of the employment laws referenced apply to all employers or all employees, particularly state and local government agencies.  For information on whether a particular employer or employee is covered by a law, please use the links provided for more detailed information.  This information is not intended for federal agencies or federal employees -- they should contact the U.S. Office of Personnel Management (OPM) for guidance.

Last Reviewed: 08/31/2011

• During an influenza pandemic, do employers have to provide new accommodations for a person with a disability (e.g., special work hours) due to lack of public transportation or other similar circumstances? What are the organization’s obligations if it can no longer provide an accommodation (e.g., the sign language interpreter is home sick and no others are available)?
• What if an employee has asked the Occupational Safety and Health Administration (OSHA) to investigate because they believe it is unsafe during a disease outbreak and the employer takes action against them for refusing to come to work or perform these duties?

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