Is an employer allowed to vary an employee’s job description?

In California, an employer is allowed to vary an employee’s job description under certain circumstances. An employer can adjust an employee’s job duties if the new duties are not in conflict with the employee’s contractual obligations and/or state or federal laws. For example, an employer can assign new tasks deemed necessary to the operation of the business, such as additional clerical duties or additional hours. Employers also have the right to modify the job description of an employee if the employee is moved to a new position, or if the position is eliminated or restructured. In these cases, employers are allowed to determine which duties the employee will take on in their new role, and update the job description accordingly. Employers must communicate any changes with their employees and grant them reasonable time to adjust to the new duties. In some cases, compensation may be adjusted as a result of the new duties. For instance, if an employee is given substantially more responsibility, the employer may consider increasing the employee’s wages. Ultimately, it is up to the employer whether or not they vary an employee’s job description, but they must do so in accordance with state and federal laws. Employers should always seek legal advice if they are considering changing an employee’s job description or duties.

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