The Fair Labor Standards Act (FLSA) has very specific guidelines regarding positions that are not exempt from certain labor rights like overtime pay and minimum wage. In 2009, the Department of Labor's Wage and Hour Division found 191,765 cases in which employees were being improperly classified.

To avoid investigations by the Wage and Hour Division and avoid paying penalties, employers should take special care when writing job descriptions. Here are five critical components, according to the California Daily Employer:

1. Heading information - job title, pay grade, reporting relationship, hours or shifts and the likelihood the employee will be required to work overtime.

2. Summary objective of the job - key tasks and general responsibilities, as well as relationships with co-workers and customers. 

3. Qualifications - education, job skills and experience and training needed.

4. Special demands - heavy lifting or the amount of travel the position requires.

5. Job duties and responsibilities - this should include two parts. First, identify the tasks that will consume 90 to 95 percent of the employee's time attendance and second, list the tasks they will be expected to complete in order of the amount of time required. 

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