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Definition of assign
(Entry 1 of 2)
Definition of assign (Entry 2 of 2)
ascribe , attribute , assign , impute , credit mean to lay something to the account of a person or thing.
ascribe suggests an inferring or conjecturing of cause, quality, authorship.
attribute suggests less tentativeness than ascribe , less definiteness than assign .
assign implies ascribing with certainty or after deliberation.
impute suggests ascribing something that brings discredit by way of accusation or blame.
credit implies ascribing a thing or especially an action to a person or other thing as its agent, source, or explanation.
These examples are programmatically compiled from various online sources to illustrate current usage of the word 'assign.' Any opinions expressed in the examples do not represent those of Merriam-Webster or its editors. Send us feedback about these examples.
Verb and Noun
Middle English, from Anglo-French assigner , from Latin assignare , from ad- + signare to mark, from signum mark, sign
13th century, in the meaning defined at sense 1
15th century, in the meaning defined above
Phrases Containing assign
- pre - assign
Dictionary Entries Near assign
Cite this entry.
“Assign.” Merriam-Webster.com Dictionary , Merriam-Webster, https://www.merriam-webster.com/dictionary/assign. Accessed 30 Apr. 2023.
Kids definition of assign, legal definition, legal definition of assign.
Legal Definition of assign (Entry 2 of 2)
More from Merriam-Webster on assign
Nglish: Translation of assign for Spanish Speakers
Britannica English: Translation of assign for Arabic Speakers
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OTHER WORDS FOR assign
Origin of assign, synonym study for assign, other words from assign, words nearby assign, words related to assign, how to use assign in a sentence.
It is designed to listen to meetings with multiple participants and will parse discussion patterns to produce informative synopses and assign post-meeting action items.
Such randomized, double-blinded controlled trials randomly assign patients to receive a drug or a placebo, and don’t reveal to participants or doctors who is getting which.
That AI could pore over an astronaut’s symptoms and then recommend medical tests, make diagnoses and assign treatments.
So I rose beyond cleaning, to working as an operational dispatcher for cabin services in the American Airlines traffic control center, assign cleaning crews to each incoming aircraft.
Ideally, the Mars spaceship would be equipped with artificial intelligence that could consider an astronaut’s symptoms, recommend medical tests, make diagnoses and assign treatments.
Now the Kremlin will assign more loyal people to rule the region, mostly military leaders.
When we assign a primitive “not me” status to another individual or social group, it can—and does—take us down a destructive path.
Other folks can debate and assign blame for “who lost Iraq.”
Renee Richardson knows she'll likely never be able to assign blame for her son's death—she's done fighting for that.
Girls are directed through several pages of this until they are asked to assign the guy a series of pre-decided adjectives.
The designs of Russia have long been proverbial; but the exercise of the new art of printing may assign them new features.
With what honest pride did John Smith, the best farmer of them all, step to the fore and assign to each man his place!
If the lessee die, his executor or administrator can assign the remainder of his term.
As the lessee may assign or sublet unless forbidden, so may the lessor part with his interest in the leased premises.
If offered any dish of which you do not wish to partake, decline it, but do not assign any reason.
British Dictionary definitions for assign
Derived forms of assign, word origin for assign.
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Michelle P. Scott is a New York attorney with extensive experience in tax, corporate, financial, and nonprofit law, and public policy. As General Counsel, private practitioner, and Congressional counsel, she has advised financial institutions, businesses, charities, individuals, and public officials, and written and lectured extensively.
Ariel Courage is an experienced editor, researcher, and former fact-checker. She has performed editing and fact-checking work for several leading finance publications, including The Motley Fool and Passport to Wall Street.
What Is an Assignee?
An assignee is a person, company, or entity who receives the transfer of property, title, or rights from another according to the terms of a contract. The assignee receives the transfer from the assignor. For example, an assignee may receive the title to a piece of real estate from an assignor.
- An assignee is a person, company, or entity who receives the transfer of property, title, or rights from a contract.
- The assignee receives the transfer from the assignor.
- An assignee may be the recipient of an assignment, a liability, or appointed to act in the stead of another person or entity.
- The assignee typically will hold the rights of power of attorney only for a specified time or for particular circumstances.
- Once the time has expired or the circumstances have been resolved, the assignee would automatically relinquish those rights.
- Not all assignment contracts are required to be made in writing, but they often are.
How an Assignee Works
An assignee may be the recipient of an assignment, a liability, or appointed to act in the stead of another person or entity. For example, an executor of an estate may be appointed through a will left by a decedent.
Types of Assignees
Assignee in real estate.
An assignee is the recipient of a title when a deed is signed to confer ownership of property in a transaction. A tenant might choose to transfer their property rights to an assignee who would assume duties for paying rent and tending to the property. There may be limits to the rights and liabilities that are granted to an assignee based on the nature of the transfer or assignment of rights.
For example, an assignee might take on the property rights from a tenant who vacated a rental property, but the tenant may still be liable if the assignee does not make rent payments on time. An assignee who takes title and ownership of real estate might not have certain rights to use the property any way they wish. There may be rights of ingress and egress that must be negotiated with adjacent property owners who hold surrounding land parcels. The assignee could receive certain rights that run with the land when they are granted the title.
Assignment by Power of Attorney
Power of attorney may be assigned to a person to tend to certain affairs for a person while they are out of the country or not capable of taking action for themselves. The assignment of power of attorney can grant broad rights or be limited in scope by the terms set by the assignor. The rights could be for the specific handling of a contract or business deal that the assignor cannot be present for.
The assignee typically will hold the rights of power of attorney only for a specified time or particular circumstances. Once the time has expired or the circumstances have been resolved, the assignee would automatically relinquish those rights. It is possible that the terms of power of attorney might allow an assignee to act in their self-interest rather than for the interests of the assignor.
Assignee in an Insurance Policy
In the context of a life insurance policy, interest in a policy can be transferred from the policyholder to a lender or relative by assignment of the policy. In this case, the policyholder is the assignor and the person in whose favor the policy has been assigned is called the assignee.
Assignee in a Contract
When one party to a contract—the assignor—hands off the contract's obligations and benefits to a different party—the assignee—this is known as an assignment of contract. In this situation, the assignee assumes all the rights and responsibilities of the contract from the assignor.
Assignee in a Loan
An assignee is a person or a company that buys your loan. For example, an auto dealer that extends credit to individuals may sell their loans to a bank. In this case, the bank is the assignee and the auto dealer is the assignor. If your loan has been sold, you owe money to whoever owns your loan. In the event that responsible parties fail to meet their loan obligations, the assignee has a lien on the vehicle and can repossess it.
Not all assignment contracts are required to be made in writing, but they often are. Assignment contracts may also need to be notarized and witnessed in order to be valid. The assignment of property and collateral for loans must be in writing. Note that not all rights, contracts, or other property are assignable; many contracts, particularly real estate leases and personal service agreements, explicitly prohibit assignment.
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Instruction 511-1: Position Classification
May 16, 2018
HHS Instruction 511-1, Position Classification, dated 05/16/2018
HHS Instruction 511-1, Position Classification, dated February 15, 2013.
This Instruction has been revised to clarify the roles in the classification appeals process, provide guidance on position management and classification reviews, and address the Fair Labor Standards Act.
This issuance is effective immediately and must be carried out in accordance with applicable laws, regulations, bargaining agreements, and Departmental policy.
Christine M. Major Deputy Assistant Secretary for Human Resources Chief Human Capital Officer
This Instruction outlines the policies, requirements, and responsibilities for administering the Department’s position classification, job grading, and position management programs, consistent with federal law, regulations, and the Office of Personnel Management (OPM) guidance.
- 5 U.S.C., Chapter 51, Classification
- 5 U.S.C., Chapter 53, Pay Rates and Systems
- 5 C.F.R. § 511, Subpart F, Classification Appeals
- 5 C.F.R. § 511, Subpart G, Effective Dates of Position Classification Actions or Decisions
- 5 C.F.R. § 532, Subparts F, Job Grading System
- 5 C.F.R. § 532, Subpart G, Job Grading Reviews and Appeals
- 5 C.F.R. § 551, Subpart G, FLSA Claims and Compliance
- OPM Handbook of Occupational Groups and Families, May 2009
- Introduction to the Position Classification Standards, August 2009
- The Classifier’s Handbook, August 1991
- General Schedule Supervisory Guide, April 1998
- Federal Wage System Job Grading System, September 1981
- Federal Wage System Job Grading Standard for Supervisors, December 1992
- HHS Instruction 511-2, Use of Career Ladder Positions, December 2008
- HHS Instruction 511-3, Non-competitive Promotion Based on Reclassification (Accretion of Duties), October 2011
511-1-20 Coverage and Exclusions
- Coverage. All HHS General Schedule (GS) and Federal Wage System (FWS) positions subject to the provisions of 5 C.F.R. §§ 511 and 532 .
- Senior Executive Service (SES), Scientific and Professional (ST), Senior-Level (SL) positions
- Positions covered by authorities specifically exempt from 5 U.S.C. Chapter 51 , Classification
- Bargaining Unit Employees. The provisions of this Instruction pertaining to conditions of employment of bargaining unit employees are fully negotiable in accordance with 5 U.S.C. § Chapter 71 . Therefore, when the provisions of this Instruction differ from the requirements contained in applicable collective bargaining agreement(s), the agreement takes precedence for bargaining unit employees.
- Appellant. An employee who has submitted a classification appeal.
- Classification Appeal. A classification appeal is a written petition from an employee, or his/her written designated representative, for a change in the classification of his/her current position of record.
- Classification Appeal Decision. A classification appeal decision is the written determination and justification of HHS’s or OPM’s final classification of an appealed position.
- Desk Audit. An evaluation of a particular position to determine whether duties and responsibilities correspond to the actual job classification and salary grade. An employee or supervisor can request a desk audit, or they may be conducted as part of a position classification review program.
- Employee Representative. An employee may designate a representative of his/her choice to assist in the preparation and presentation of a classification appeal. The representative is free from restraint, interference, coercion, or reprisal for performing representative duties.
- Federal Wage System. A classification and pay system that covers appropriated fund and nonappropriated fund employees who are paid by the hour and work in trades, craft, and labor occupations.
- FLSA Exempt Employee. One who is not covered by the minimum wage and overtime provisions of the Fair Labor Standards Act (FLSA or Act).
- FLSA Nonexempt Employee. One who is covered by the minimum wage and overtime provisions of the Fair Labor Standards Act (FLSA or Act).
- Grade . The numerical designation, GS−1 through GS−15, which identifies the range of difficulty and responsibility, and level of qualification requirements of positions included in the General Schedule.
- General Schedule . A classification and pay system covering the majority of civilian federal employees in professional technical, administrative, and clerical positions.
- Job Family. A broad grouping of trades, craft, and labor occupations related by similar functions; materials or equipment used; or knowledge and skills required.
- Position Description (PD). A PD documents the major duties and responsibilities of a position assigned by management.
- Occupational Group. A major category of white-collar occupations, covering a group of associated or closely related occupations in the General Schedule (e.g., the Accounting and Budget Group, GS−500; the Engineering and Architecture Group, GS−800; the General Administrative, Clerical, and Office Services Group, GS−300, etc.).
- Series. A subdivision of an occupational group or job family consisting of positions with similar specialized line of work and qualification requirements, and identified by a position title and number (series).
- Develops Department-wide policy and guidance regarding position classification in accordance with HHS and OPM policy, procedures, and guidance and all applicable federal laws and regulations.
- Makes determinations on all classification appeals submitted to HHS, in accordance with regulatory requirements.
- Makes determinations on FLSA claims filed with HHS.
- Reviews and submits any Administrative Law Judge classification issues identified by Operating and Staff Divisions (OpDiv/StaffDivs) to OPM for action.
- Periodically reviews OpDiv/StaffDiv position classification programs.
- Comply with this Instruction, any HHS and OPM policy, procedures guidance and all applicable federal laws and regulations.
- Ensure GS and FWS positions are accurately classified in accordance with published OPM position classification standards by creating PDs which clearly distinguish each position's appropriate title, series, and grade.
- Ensure assignments reflect application of sound position management principles, including organizing work in an efficient, effective manner and using resources economically to carry out the missions of their organizations.
- Establish a classification review program and regularly review its OpDiv/StaffDiv position descriptions to ensure accuracy.
- Adhere to HHS Instruction 511-3, Noncompetitive Promotion Based on Reclassification or Accretion of Duties, when considering exceptions to the merit promotion procedures.
- Obtain written concurrence from the Office of General Counsel (OGC) prior to classifying Attorney, GS-0905, positions outside of OGC.
- Obtain written concurrence from the Office of the Assistant Secretary for Public Affairs (ASPA) prior to classifying Public Affairs Specialists, GS-1035-14 and above, positions.
- Obtain written concurrence from the Office of the Inspector General prior to classifying Criminal Investigator, GS-1811, positions.
- Ensure employees have copies of their PDs and objectively, expeditiously, and fairly consider employee concerns regarding the accuracy of their PDs, the classification of their positions, and classification appeals.
- Submits supplemental information to OHR for classification appeals to HHS; notifies the HHS OHR Classification Manager immediately upon knowledge of an employee’s classification appeal to OPM; and provides OHR a copy of OPM’s decision, as applicable.
- Makes FLSA determinations at the time of classification, and forwards FLSA claims filed with HHS, along with supplemental information, to OHR for decision.
511-1-50 Position Management
- By law, agencies are given the authority and responsibility to establish, classify, and manage their own positions. Supervisors and managers play major roles in the management and classification of subordinate positions. As a result, they are responsible for assuring a sound position structure in the organizations they lead to ensure the effective use of limited financial and personnel resources.
- Good position management can be defined as a carefully designed position structure which blends the skills and assignments of employees in order to successfully carry out the organization's mission or program while maintaining a cost-effective operation.
- Sound position management reflects a logical balance between the employees needed to carry out the major functions of the organizational unit and those needed to provide adequate support; between professional employees and technicians; between fully trained employees and trainees; and between supervisors and subordinates.
- Good position management also requires consideration of grade levels of the positions involved. Grades should be commensurate with the work performed to accomplish the organization's mission and should not exceed those grades needed to perform the work of the unit. A carefully designed position structure results in reasonable and supportable grade levels.
- In accordance with 5 CFR 335.103 and HHS Instruction 511-3, Noncompetitive Promotion Based on Reclassification or Accretion of Duties, HRDs may exclude certain promotions from the competitive procedures in very specific circumstances (i.e., the reclassification of a position without significant change in the duties and responsibilities due to issuance of a new classification standard or the correction of an initial classification error, or accretion of duties due to the addition of substantive higher graded responsibilities). Such actions should be rare and used only in situations where a strong basis for an exception to the competitive promotion process exists. Competitive procedures must be followed when these circumstances are not explicitly met and documented.
- While there is no supervisor to employee ratio required by OPM, supervisors must perform supervisory duties at least 25% of their time. Supervisory duties are defined in the General Schedule Supervisory Guide (GSSG) . OpDiv/StaffDivs must determine the appropriate ratio of managerial and supervisory positions to non-supervisory workers and prevent the excessive layering of supervision and unwarranted use of support positions. The appropriate ratio of professional, technical, clerical and wage positions consistent with the proportion of such work occurring in the organization must also be decided.
511-1-60 Position Descriptions
- Non-supervisory GS positions. In order to maintain uniformity throughout HHS, PDs for non-supervisory positions shall be prepared in either the narrative or factor evaluation system (FES) format as appropriate. The FES format must be used when the classification of the position is based on a FES standard.
- Non-supervisory FWS positions. FWS positions are classified using the FWS Job Grading System to determine the occupational series, title, grade, and pay system for positions performing trades, craft, and labor work. See Classifying Federal Wage System Positions for more details.
- Supervisory Positions. All first and second level supervisory positions must be described in the supervisory format, which will facilitate comparison with OPM’s General Schedule Supervisory Guide (GSSG) or FWS Job Grading Standard for Supervisors , as appropriate.
- Narrative Evaluation Statements. The length, in-depth discussion, and format of an evaluation statement should be tailored to the individual classification decision. The evaluation statement should include a concise, but thorough comparison of the grade-controlling duties and responsibilities consistent with the classification standard(s) used to evaluate the position. It should show how the assignment meets, exceeds, or falls short of the various classification elements and factors in the standard. Exhibit A provides an example narrative evaluation statement format.
- FES Evaluation Statements. For positions classified by reference to a FES standard, the level and point values for each factor and the GS grade must be shown on the FES form in the Evaluation Statement. Exhibit A provides an example FES evaluation statement format.
- Each career ladder position should clearly define significant differences in assigned duties and responsibilities and supervisory relationships from the full performance position.
- Each PD must contain sufficient information to support a valid classification action and permit the development of relevant performance standards. Whenever substantial revisions are made to the full performance position, the career ladder PDs/Statement of Difference(s) must be reviewed for potential changes.
- A certified Optional Form (OF)-8 , as a PD coversheet, signed by the immediate supervisor and the HR Classifier, at a minimum;
- PD (see Exhibit A for samples);
- An evaluation statement with applicable OPM references used to classify a position (see Exhibit A for samples);
- Employee bargaining unit status form, as applicable
- A Position Sensitivity Designation form (PDAT), signed by the supervisor confirming accuracy of employee’s duties/responsibilities;
- A completed “FLSA Status Determination Questionnaire for Managers and Supervisors” properly completed and signed by the first line supervisor (Exhibit B); and
- A completed “HHS FLSA Classifier Checklist” properly completed and signed by the Classifier (Exhibit C).
- The original copy of the classified PD is maintained by the OHRO. Copies of the official description shall be provided to the organization and to each employee assigned to the position. Supervisors are responsible for assuring employees are given a copy of their current PD.
- PD Review. OpDiv/StaffDivs should review all PDs under their jurisdiction bi-annually to ensure that they are current and accurate. This review shall include a review of the position sensitivity designation; bargaining unit status; and FLSA Status Determination Questionnaire for Managers and Supervisors, in consultation with the OHRO. The classification of a vacant position should also be reviewed before action is taken to fill it, since this represents the best opportunity to take any corrective action required. Identical/additional positions which are filled frequently should be reviewed often to ensure their accuracy.
- Desk Audits. Desk audits to determine whether duties and responsibilities correspond to the actual job classification and salary grade are necessary for a variety of reasons, e.g., recent establishment of a new position, which may be based on projected duties; introduction of new technology affecting major duties of a position; new OPM classification standards; apparent accretion/erosion of grade controlling duties, or at the request of an employee or supervisor. Desk audits may be conducted during a classification review by the specialist responsible for classifying the position, or for individual classification actions. A background statement about the desk audit should be addressed in the evaluation statement. A desk audit does not need to be conducted for each classification action. The number and frequency of audits depend on local classification needs. Note: If a new position is established based on projected duties, the position should be audited approximately six months after it is filled to ensure the PD accurately describes the duties that are being performed by the incumbent.
511-1-70 Position Classification Reviews
- Most efficient organization (MEO) studies;
- Changes in mission and functions;
- Change in organization structures;
- Realignment of duties and responsibilities; or
- Other applicable circumstances.
- The position classification review plan includes the specific responsibilities of the OHRO, supervisors and managers, and the types of organizational or operational events which indicate the need for classification reviews.
- Post audit reviews of the classification of individual positions or organizational components can be conducted by OHROs at any time as special needs are identified by line management.
- The scope of the classification reviews, as well as the frequency, should be tailored to the needs of the individual organization. A review could cover a section within a service/division/etc. or a group of services/divisions/etc., or it could comprise positions in an occupational group, e.g., technical support positions, computer-related positions, etc.
- The classification of each position under review shall be evaluated and certified as correct by an official with HR authority to classify the positions involved. Desk audits are conducted and evaluation statements prepared as deemed necessary by the appropriate delegated classification authority.
- Adequate OHRO records shall be maintained to reflect the completion of the classification review, to include desk audit reports, supervisory conformance checks, etc. These records are subject to review during OHR Accountability audits or other visits.
- The employee’s right to submit an appeal to HHS (if it has the authority to take the action) or to OPM;
- The information which must be provided to HHS or OPM supporting the appeal;
- The time limits within which the employee must file an appeal in order to establish or preserve the right to retroactive adjustment in connection with a favorable decision; and
- The employee’s entitlement to grade and/or pay retention under 5 U.S.C. 53, Subpart VI , sections 5362-5363.
- OHROs are required to consult with the OHR Classification Program Manager on proposed classification actions affecting 20 or more substantially similar positions, prior to effecting the decisions. (For the purposes of this paragraph, the term "positions" refers to the number of employees.) Consultation is also required if fewer than 20 substantially similar positions are directly affected and it is anticipated that the decision will have a "ripple" effect on a significant number of other positions within HHS.
511-1-80 Implementing OPM Classification Standards
- New or updated classification standards and/or classification guides must be applied to covered positions within 12 months of OPM’s issuance date, or by the date designated by OPM.
- Apply first to new positions and positions under classification appeal.
- Apply to vacant positions prior to initiating recruitment.
- Apply standards to positions where a grade change is expected.
- Process mass changes, as appropriate, rather than individual personnel actions.
- Make pen-and-ink changes for minor revisions with no title, series, or grade impact.
- Annotate the new classification standard on the OF-8, PD coversheet, in block 22.
- If an employee, in a position covered by a new/revised classification standard, files an appeal prior to the implementation of the new OPM standard, the OHRO must immediately apply the new standard so the appeal can be properly adjudicated. See Section 511-1-100 for more information on the appeals process.
- If an OpDiv/StaffDiv has a valid reason for requesting an extension, a justification, including the requested extension timeframe; the reason for the extension; the number of positions impacted by the classification standard update; and any other pertinent information should be sent to OHR for review, approval, and if warranted, OHR will send the request forward to OPM. The request must be sent within 60 calendar days of notification from OPM of the new classification standard.
511-1-90 Classification of Special Series
- Attorney positions may not be established outside of the Office of the General Counsel (OGC) without the concurrence of OGC. (Note: In the Food and Drug Administration, the Office of Chief Counsel reports to the OGC’s Food and Drug Division and seeks approval directly from the OGC. However, all other FDA Centers/Offices outside the OGC’s Food and Drug Division must obtain written approval from OGC to establish a new attorney position. )
- The OHRO conducts a preliminary review of the draft PD to ascertain if the position meets the series definition for an attorney and is properly classified to the GS-0905 series.
- Signed cover memorandum endorsing the request and requesting OGC’s review and approval;
- A justification that describes the need for the position; and
- A draft PD signed by the requesting authority.
- HHS OHR/Talent Acquisition Division (TAD) reviews and submits the information to OGC for concurrence.
- OGC has 30 calendar days to review the request and concur in writing or deny the request with a written explanation.
- OGC returns the approved or denied PD to TAD for record keeping purposes and TAD returns the PD to the OpDiv/StaffDiv requestor.
- All documentation, including OGC concurrence must be attached to the final PD and maintained with the HRO for future reference as long as the PD remains active.
- If an approved position is vacated and the PD and organization remains the same, HHS OHR and OGC do not need to review the position again. The OpDiv/StaffDiv has the authority to backfill the position without additional approval.
- For more information, see HHS OHR Attorney Guidance – Classification, Qualifications, and Recruitment, TAD-002-2017 .
- Public Affairs positions at the GS-1035-14 level and above may not be established outside of the Office of the Assistant Secretary for Public Affairs (ASPA) without the concurrence of ASPA.
- Requests are submitted to the HHS OHR Classification Manager, then reviewed and forwarded to ASPA for approval following the same procedures and requirements outlined for Attorney positions above.
- Criminal Investigator, GS-1811, positions may not be established outside of the Office of the Inspector General (OIG) without the concurrence of the OIG.
- Requests are submitted to the HHS OHR Classification Manager, then reviewed and forwarded to OIG for approval following the same procedures and requirements outlined for Attorney positions above.
- GS-0935 Administrative Law Judge Positions. OPM retains the authority to establish all Administrative Law Judge positions, see https://www.opm.gov/services-for-agencies/administrative-law-judges/ .
511-1-100 Classification Appeals
- In all cases, OHR serves as the adjudicating organization for all HHS classification appeals. Consistent with the Introduction to Position Classification Standards and 5 C.F.R. § 532.703(b)(7) , agency classification appeal decisions are made one administrative level above the classification authority which classified the position(s).
- An employee who is dissatisfied with the classification of their position should first discuss their concerns/issues with their immediate supervisor. If the supervisor is unable to resolve the issue to the employee's satisfaction, the employee should discuss their dissatisfaction with their servicing OHRO.
- Current federal employees have the right to appeal the classification of their position based on grade, occupational series, or title of the position (see 5 C.F.R. § 511.607 for a complete description of non-appealable issues). Employees may also seek to have a GS position changed to the Federal Wage System (FWS) or a FWS position changed to the GS.
- Appealing the occupational series, grade or title of the job to the HHS, Assistant Secretary for Administration (ASA), OHR; or
- Appealing directly to OPM. (OHR shall be notified immediately upon knowledge of an employee's classification appeal to OPM.)
- Employees who elect to appeal first to HHS may subsequently appeal to OPM if they are dissatisfied with the Department's appeal decision. However, employees may not appeal to HHS if they have previously appealed the same position to OPM.
- If an employee had previously filed a similar appeal to HHS on which a decision is pending, then appeals to OPM, the Department appeal is canceled and all parties notified by OHR.
- If a GS employee is appealing an HHS decision or OPM classification certificate issued under 5 U.S.C. §§ 5103 or 5110 , and has suffered a loss in grade or pay , is not entitled to retained grade or pay , and desires retroactive adjustments, the time limits in 5 C.F.R. § 511.703 must be observed. In order for the decision to be made retroactive, the employee must file the initial request for review with either HHS or OPM not later than 15 calendar days after the effective date of the reclassification action. If the appellate’ s decision raises the grade of the position above the original grade , retroactivity applies only to the extent of restoration to the original grade .
- First appeal to HHS/OHR. (FWS employees cannot appeal directly to OPM without appealing to their agency first.)
- If the employee is dissatisfied with the decision of HHS, they may file an appeal with OPM, provided they do so within 15 calendar days of receipt of HHS’ decision.
- When an appeal involves a change to lower grade level or other job-grading action which resulted in a reduction in grade or loss of pay, in order to be entitled to a retroactive corrective action, and employee must request a review within 15 calendar days of the effective date of the change to lower grade ( 5 C.F.R. § 532.703(b)(3) ).
- Employees may select a representative as outlined for GS employees under 5 C.F.R. § 511.608 , and for FWS employees under 5 C.F.R. § 532.703(b)(4) . Employees may have a representative (designated in writing) to help prepare and submit the appeal case, but the representative cannot be someone with management or classification authority over the position. When an OpDiv/StaffDiv disallows an employee's selected representative, the OHRO must notify the employee in writing and explain the reason(s).
- OHR’s letter of decision constitutes a final decision within HHS. A classification appeal decision may be reopened and reconsidered by OHR when the employee presents material facts not previously considered.
- An appeal decision by the Department or OPM can result in the appealed position's grade being raised, lowered, or sustained. The position's pay plan, title, series, or grade may be changed or sustained. Employees are advised by the appropriate OHRO of the effect an appeal decision has on the classification of the position and any other employees assigned to the same position.
511-1-110 Classification Appeal Filing Procedures
- A signed statement that the employee wishes to appeal the classification of his/her position;
- Organization to which assigned;
- Current position pay plan, title, series, and grade;
- The requested pay plan, title, series, and/or grade;
- A statement explaining how the official PD is inaccurate or a statement of how the duties performed differ from the official PD;
- A statement with the reasons why the position should be classified differently. If the interpretation of a specific standard(s) is at issue, an analysis comparing the position with the pertinent standard(s) should be included; and
- A written designation of third party representation if the appellant elects such representation. The designation must include the name, phone number, email address, and mailing address of the representative.
- The PD (including the OF-8) to which the incumbent is assigned which meets standards of adequacy and which is consistent with the position evaluation statement;
- A position evaluation statement which includes an in-depth comparison of the duties and responsibilities with published classification standards;
- Organizational chart in which the position resides with pay plans, series, and grades;
- Comments from the immediate supervisor (or higher level official) relative to the accuracy of the PD and the merits of the appeal;
- Copies of all PDs for positions directly supervised or led by the appealed position, and supporting evaluation statement, if applicable; and
- A copy of immediate supervisor's PD and evaluation statement, if applicable.
- HHS must take action on appeals submitted to HHS within 60 calendar days ( 5 C.F.R. § 511.604 ). OHR will forward the appeal to OPM if the employee has directed the appeal to OPM and the HHS decision is not favorable; HHS is not authorized to act on the appeal; or HHS has not made a determination on the appeal within the 60 calendar day time period.
- The employee or his/her designated representative, who must be designated in writing, should send the appeal to: U.S. Office of Personnel Management, Classification Appeals and FLSA Claims Program Manager,1900 E. ST NW Room 6484, Washington, DC 20415.
- Employee name, mailing address, and commercial office telephone number;
- The present classification of the employee’s position and the requested classification;
- The name of the department or agency and the office in which the employee works;
- The city where the employee is employed and the mailing address;
- A copy of the employee’s official PD and either a statement affirming that it is accurate or a detailed explanation of the inaccuracies and an explanation of the efforts made to correct the PD;
- Any additional information about the position that will aid in understanding it; and
- Arguments supporting the requested classification by referencing the appropriate classification standards.
- A duplicate copy of all material provided to OPM shall be forwarded through appropriate channels to OHR. Upon receipt of the OPM decision, a copy shall also be forwarded to OHR in order to complete the case file. OHROs maintain complete files on classification appeal adjudications under their jurisdiction.
- Requests in writing that his/her appeal be withdrawn or canceled;
- No longer occupies the appealed position (except when the employee would be entitled to the retroactive benefits);
- Does not furnish information required by the agency or otherwise does not proceed with the advancement of the appeal; or
- An employee filed an appeal to HHS on which a decision is pending, and then appeals to OPM.
- Appellants desiring to formally request reconsideration of a HHS or an OPM classification appeal decision should submit the request to OHR at employ[email protected] within 45 days from the date of the decision.
- New and material evidence is available that was not readily available when the previous decision was issued;
- The previous decision involves an erroneous interpretation of law or regulation or a misapplication of established policy; or
- The previous decision is of a precedential nature involving a new or unreviewed policy consideration that may have effects beyond the actual case at hand, or is otherwise of such an exceptional nature as to merit the personal attention of the Director of OPM.
- If the appellant is filing for reconsideration with HHS or OPM, the request must be in writing and filed not later than 45 calendar days after the decision is issued. Regardless if an employee is filing for reconsideration with HHS/OHR or OPM, a copy of all packages for reconsideration must be submitted to OHR.
- The appeal decision is provided in writing to the employee. A final decision by HHS or OPM constitutes a certificate which is mandatory and binding on all administrative, certifying, payroll, disbursing, and accounting officials of the Government.
- Classification appeal decisions are implemented according to the provision(s) of 5 C.F.R. § 511.702 and 5 C.F.R. § 532.705 (a)(d) .
511-1-120 Fair Labor Standards Act Determinations
- The Fair Labor Standards Act (FLSA) sets minimum standards for wage and overtime entitlements and administrative procedures for which covered worktime must be compensated. All employees are covered by the Act, except for those listed under 5 C.F.R. 551.103 .
- All positions within the federal government must be designated as either “exempt” or “nonexempt” under the FLSA criteria identified in 5 C.F.R. 551 . The exempt or nonexempt status of the position are identified as part of the employee's PD and annotated in block 7 of the OF-8.
- Employees are presumed to be FLSA “nonexempt” unless a determination is made the employee clearly meets one or more of the exemption criteria as specified in 5 C.F.R. Part 551, Subpart B , and supplemental guidance issued by OPM. If the employee clearly meets the criteria for exemption, the FLSA “exempt” designation must be documented.
- An exempt or nonexempt determination shall be made at the time of classification for each employee assigned to a position based on a comparison of the employee's actual duties performed with the exemption criteria outlined in OPM and Department of Labor guidelines. While official PDs and titles may assist in making initial FLSA exemption determinations, the designation of an employee as FLSA exempt or nonexempt must ultimately rest on the duties actually performed by the employee.
- The exempt or nonexempt status of a position should be reviewed when it is established, redescribed, and classified based on significant changes in assigned duties, or in connection with a classification review.
- If the exempt or nonexempt determination of an employee is inconsistent with the duties and responsibilities assigned in the official PD, it is necessary to either revise the PD, or ensure that the employee performs the duties and responsibilities as assigned in the PD.
- For unencumbered positions, an initial determination must be made based on a comparison of the projected duties and responsibilities as assigned in the official PD with the exemption criteria.
- When making an FLSA determination, the OHRO must not presume a nonexempt or exempt status based on grade. Not all positions graded at GS-9 and below are nonexempt. While this can be used as a guide, HR specialists must analyze the duties and responsibilities for each determination.
- In general, executive, administrative and professional employees, as well as employees performing a combination of exempt duties, are exempt from FLSA regulations. However, this must be narrowly applied only to employees who are clearly within the terms and spirit of the exemption criteria.
- The supervisor is responsible for reviewing an employee’s duties and responsibilities and filling out the “FLSA Status Determination Questionnaire for Managers and Supervisors” (Exhibit B) and submitting it with the PD to the OHRO.
- The OHRO must fill out the HHS FLSA Classifier Checklist (Exhibit C) and attach it to the official position description. The burden of proof as to the exempt or nonexempt status of an employee rests with the Department, not the employee. If the determination is not self-evident, the basis for the decision should be retained with the PD either as part of the evaluation report or as a separate document.
511-1-130 FLSA Claims
Note: OpDivs/StaffDivs should review their local or national collective bargaining agreement for specifically negotiated items or processes.
- Employees who are dissatisfied with the FLSA coverage determination of their positions have the right to appeal the decision. It is recommended by OPM the employee first talk to their supervisor and/or OHRO to discuss their concerns about their FLSA determination.
- Bargaining unit covered employees are required to use the negotiated grievance process and may not file an administrative FLSA claim with either HHS or OPM unless expressly excluded from the bargaining agreement.
- Non-bargaining unit covered employees may file an FLSA claim either with HHS or with OPM; however, the same claim may not be pursued with both HHS and OPM at the same time. Employees who elect to submit a claim first to HHS may subsequently submit a claim to OPM if they are dissatisfied with the Department's decision. However, employees may not file with HHS if they have previously submitted the same claim to OPM. You may not file a claim with HHS after receiving an unfavorable decision from OPM. An OPM decision on a claim is final and is not subject to further administrative review.
- All employees have the right to bring an action in an appropriate United States court. Filing a claim with HHS or with OPM does not stop the statute of limitations from running. OPM will not decide a claim that is in litigation.
- In accordance with 5 C.F.R. § 551.702 , all FLSA pay claims filed after June 30, 1994, are subject to a two-year statute of limitations (three years for willful violations). An employee must submit a written claim to either the employing agency or to OPM in order to preserve the claim period. The date the agency or OPM receives the claim is the date that determines the period of possible back pay entitlement.
- Under 5 C.F.R. § 551.104 , “willful violation” means a violation in circumstances where the agency knew that its conduct was prohibited by the Act or showed reckless disregard of the requirements of the Act. All of the facts and circumstances surrounding the violation are taken into account in determining whether a violation was willful.
- A signed statement that the employee wishes to appeal the FLSA determination of his/her position;
- Name of local facility;
- Current position title, series, and grade;
- The requested FLSA determination;
- A description of the nature of the claim and the specific issues or incidents giving rise to the claim, including the time period covered by the claim;
- Evidence available which supports the claim, including the identity, commercial telephone number, and location of other individuals who may be able to provide information relating to the claim;
- A written designation of third party representation, if applicable. The designation must include the name, address and phone number of the representative.
- Evidence, if available, that the claim period was preserved in accordance with the time limits in 5 C.F.R. § 551.702 . The date HHS or OPM received the claim, whichever is earlier, becomes the date the claim period is preserved;
- A statement as to whether the employee was or was not a member of a collective bargaining unit at any time during the claim period;
- If the employee was a member of a bargaining unit, a statement that he/she was or was not covered by a negotiated grievance procedure at any time during the claim period, and if covered, whether that procedure specifically excluded the claim from the scope of the negotiated grievance procedure; and
- A statement that the employee has not filed an action in an appropriate United States court.
- A current, accurate PD (agreed to by all levels of management) which meets standards of adequacy and which is consistent with the position evaluation report, FLSA evaluation report, and the supervisor's comments.
- A position evaluation report which includes an in-depth comparison of the duties and responsibilities with published FLSA criteria. If the report was prepared prior to the appeal, it should be updated to cover salient points raised by the appellant that may not have been previously evaluated.
- Organizational and functional charts.
- Comments from the immediate supervisor and/or higher level official relative to the accuracy of the PD and the merits of the FLSA appeal. Discrepancies or disagreements should be resolved before submitting the appeal for decision.
- Copies of official time and leave/pay records for the time period claimed.
- OPM claims are forwarded to: Classification and Pay Claims Program Manager, Center for Merit System Accountability, Office of Personnel Management, 1900 E Street, NW, Room 6484, Washington, DC 20415 .
- HHS claims are forwarded to the HHS Director of the Talent Acquisition Division, in OHR, at [email protected] .
511-1-140 Documentation and Accountability
- Records associated with actions taken under this Instruction, including all documentation sufficient for third party reconstruction purposes, must be retained according to the record disposition schedule. All records created in a given year must be retained for a total of three full years. Records involved in litigation and grievance processes may be destroyed only after official notification is received from OPM, Department of Justice, courts, etc. or if the time limits associated with grievance processes have passed (e.g., before the anniversary date).
- OHR will conduct periodic accountability reviews to analyze compliance with this Instruction, HHS and OPM policy and guidance and all applicable federal laws and regulations.
Exhibit A: Example Position Description/Evaluation Statement Format
Example Position Description Format* (Factor Evaluation System)
[Position Title] GS-[Occupational Series]-[Grade]
[Describe the primary purpose of the position and its location within the organization. Include a very brief overview of the Duties and Responsibilities sections. If this position is a career ladder then the paragraph must identify its relative position (i.e. entry level, full performance, etc.).]
Example: This position is located in [Office of the Secretary, an Operating Division, or Staff Division, of the Department of Health and Human Services]. The purpose of the position is to carry out a wide variety of assignments associated with administrative efficiency and operations of the office. The incumbent must have a current knowledge of administration and Department policy with respect to the various agency programs and activities. The work of the position focuses on responsibilities performed in support of the office or senior agency official and may involve a variety of sensitive and confidential matters. Responsibilities related to administrative matters include frequent contact with subordinate agencies throughout the Department. The incumbent serves as a principal member of the office’s support staff.
II. Major Duties and Responsibilities
[In descending order of importance, describe the principal duties and responsibilities which characterize the position in plain, clear language and as specifically as possible. Avoid general terms, vague expressions, repetition, and conclusions. Describe only the major duties, responsibilities and other important aspects of the position that may affect the final classification determination. Generally, major duties are those that occupy a significant portion of the employee's time and they should be only those duties currently assigned, observable, identified with the position's purpose and mission of the organization, and expected to continue on a regular and recurring basis.]
Performs other duties as assigned. [This exact statement must be included in all PDs.]
III. Factor 1 - Knowledge Required by the Position
- Kind or nature of knowledge and skills needed.
- How the knowledge and skills are used in doing the work.]
IV. Factor 2 - Supervisory Controls
- How the work is assigned.
- Employee's responsibility for carrying out the work.
- How the work is reviewed. ]
V. Factor 3 – Guidelines
- Guidelines used for performing the work.
- Judgment needed to apply the guidelines or develop new guides. ]
VI. Factor 4 – Complexity
- Nature of the assignment.
- Difficulty in identifying what needs to be done.
- Difficulty and originality involved in performing the work. ]
VII. Factor 5 - Scope and Effect
- Purpose of the work.
- Impact of the work product or service (how far-reaching is its effects). ]
VIII. Factors 6/7 - Personal Contacts/Purpose of Contacts
- People and conditions/setting under which contacts are made.
- Reasons for contacts in Factor 6.]
IX. Factor 8 - Physical Demands
- Nature, frequency, and intensity of physical activity.]
X. Factor 9 - Work Environment
- Risks and discomforts caused by physical surroundings and the safety precautions necessary to avoid accidents or discomfort.]
*The FES format must be used when the classification of the position is based on a FES standard.
Sample Evaluation Statement for FES Format
[Briefly describe why the position is being established, re-evaluated, etc.]
[Include all references used to classify the position, for example:
- Introduction to the Position Classification Standards, Revised: August 2009
- Administrative Work in the Human Resources Management Group, GS-0200 December 2000]
III. Pay Plan, Series, and Title Determination
[Describe how the pay plan, series, and title were determined, utilizing references from paragraph II above.]
IV. Grade Determination
[Refer to the standard used to evaluate the position and describe how the position FULLY meets the factor levels described in the Standard (i.e., if the factor level(s) require additional explanation, provide the rationale for assigning the factor level(s) that was credited.]
[State the classification determination, based on the above evaluation.]
Example Position Description (Narrative Format)
Example: This position is located in [Office of the Secretary, an Operating Division, or Staff Division] of the Department of Health and Human Services. The purpose of the position is to carry out a wide variety of assignments associated with administrative efficiency and operations of the office. The incumbent must have a current knowledge of administration and Department policy with respect to the various agency programs and activities. The work of the position focuses on responsibilities performed in support of the office or senior agency official and may involve a variety of sensitive and confidential matters. Responsibilities related to administrative matters include frequent contact with subordinate agencies throughout the Department. The incumbent serves as a principal member of the office’s support staff.
II. Nature of Assignment
[In descending order of importance, describe the principal duties and responsibilities which characterize the position, describing them in plain, clear language and as specifically as possible. Avoid general terms, vague expressions, repetition, and conclusions. Describe only the major duties and other important aspects of the position that may affect the final classification determination. Generally, major duties are those that occupy a significant portion of the employee's time and they should be only those duties currently assigned, observable, identified with the position's purpose and mission of the organization, and expected to continue on a regular and recurring basis.]
Performs other duties as assigned. [This exact statement must be included on all PDs.]
III. Level of Responsibility
- How the knowledge and skills are used in doing the work.
- Level of responsibility given in decision-making.
- Guidelines used to perform the work.
- How work is assigned.]
Example Evaluation Statement (Narrative Format)
- Administrative Work in the Human Resources Management Group, GS-0200 December 2000
Exhibit B: FLSA Status Determination Questionnaire for Managers and Supervisors
Fair Labor Standards Act Status Determination Questionnaire for Managers and Supervisors
Employee: [Joe Donuts]
Position Title: [ ] Pay Plan: [ ] Series  Grade  PD # [12345 ]
Office: [Office of Self Employment ]
Employment Status: [Full-Time] Work Schedule: [8 hour]
Supervisor: [ ] Contact Number: [123-456-7890 ]
Purpose: This questionnaire is for managers and supervisors to assist Classifiers in determining whether or not the named employee should be coded as exempt or non-exempt from the Fair Labor Standards Act (FLSA). The provisions of the FLSA apply to employees coded as non-exempt. The FLSA status of the employee is often the key to deciding whether certain duties are compensable as "hours of work" and as to the rate of pay the employee should be compensated. Overtime entitlements also depend on this status, as may compensation for travel time. It is assumed that all federal employees are covered by the FLSA (Non-Exempt) unless they clearly fall under one of the following exemptions. Job titles and official PDs do not determine an employee’s status, rather it is the duties that the employee actually performs on a regular and recurring basis that serve as the determining factor. Please provide detailed explanation in the spaces provided for all “Yes” answers.
- Yes [ ] No [ ] Is the employee a supervisor or manager? (regularly directs two or more employees, and has the authority to hire or fire (or the employee's recommendations as to the hiring, firing, advancement, promotion, or any other change of status of other employees, are given particular weight))? If yes, list examples of duties to support this:
- Yes [ ] No [ ] Does the employee exercise discretion and independent judgment with respect to matters of significance while performing office or non-manual work directly related to the agency's management or general business operations? (The exercise of discretion and independent judgment involves the comparison and the evaluation of possible courses of conduct, and acting or making a decision after the various possibilities have been considered. Employees who simply apply well-established techniques or procedures described in manuals or other sources within closely prescribed limits to determine the correct response to an inquiry or set of circumstances are nonexempt. The term “matters of significance” refers to the level of importance or consequence of the work performed. Some examples: Employee has authority to commit the employer in matters that have significant financial impact; has authority to waive or deviate from established policies and procedures without prior approval; has authority to negotiate and bind the organization on significant matters.) If yes, list examples of duties to support this:
- The employee must perform work requiring advanced knowledge (predominantly intellectual in character and including work requiring the consistent exercise of discretion and judgment). Advanced knowledge cannot be attained at the high school level;
- The advanced knowledge must be in a field of science or learning which includes the traditional professions of law, medicine, theology, accounting, actuarial computation, engineering, architecture, teaching, various types of physical, chemical and biological sciences, pharmacy, and other similar occupations that have a recognized professional status;
- The advanced knowledge must be customarily acquired by a prolonged course of specialized instruction in a field where specialized academic training is a standard prerequisite for entrance into the profession – to address this element, please identify specifically the type and level of specialized instruction required for the position.
- Yes [ ] No [ ] Is the employee's primary duty in the performance of work requiring invention, imagination, originality, or talent in a recognized field of artistic or creative endeavor? The work performed must be "in a recognized field of artistic or creative endeavor," including such fields as music, writing, acting, and the graphic arts. Employees engaged in the work of newspapers, magazines, television, or other media are not exempt creative professionals if they only collect, organize, and record information that is routine or already public, or if they do not contribute a unique interpretation or analysis to a news product. If yes, list examples of duties to support this:
- The application of systems analysis techniques and procedures, including consulting with users, to determine hardware, software or system functional specifications;
- The design, development, documentation, analysis, creation, testing or modification of computer systems or programs, including prototypes, based on and related to user or system design specifications;
- The design, documentation, testing, creation or modification of computer programs related to machine operating systems;
- A combination of the above, requiring the same level of skills.
Supervisor’s Signature ______________________ Date:
Exhibit C: HHS Fair Labor Standards Act Classifier Checklist
HHS FLSA Classifier Checklist
Complete this form for each grade in a career ladder. Note: it is possible for different grades within a career ladder to have different FLSA designations (for example, non-exempt at lower grades; or the work is procedural in nature; and exempt at higher grades in the career ladder requiring more analytical skills to complete the tasks). A completed and signed checklist must be attached to each classified position description and statement of difference (if applicable).
Instructions: Complete the fields below and check the criteria applicable to the position:
A. REQUIRED POSITION INFORMATION
Position Title: Pay Plan: Series: 0123 Grade: 01 Position Number: Office/Organization: Administrative Code: Job Code:
B. NON-EXEMPT CRITERIA
- Salary-based non-exemption ( 5 C.F.R. 551.203 ) [ ] Employee annual rate of basic pay is less than $23,660.
- Non-exemption of certain employees ( 5 C.F.R. 551.204 ) [ ] Position is non-supervisory and engaged in equipment operation, or is a protective or clerical occupation. [ ] Position involves technician work properly classified at the GS-09 level or below. [ ] Position is nonsupervisory in the Federal Wage System or other comparable wage system.
C. EXEMPTION CRITERIA
- Executive Exemption Criteria ( 5 C.F.R. 551.205 ) [ ] Primary duty of the position is management or supervision; work involves customarily and regularly directing the work of subordinates and has the authority to hire, remove, or evaluate performance as well as make recommendations on employment issues that are given particular weight by higher-level supervisors or managers.
- Administrative Exemption Criteria ( 5 C.F.R. 551.206 ) [ ] Primary duty is performance of office or non-manual work directly related to the management or general business functions. The work involves the exercise of discretion and independent judgment with respect to matters of significance.
- Professional Exemption Criteria ( 5 C.F.R. 551.207 ) [ ] Learned Professionals ( 5 C.F.R. 551.208 ): Primary duty is performance of work requiring advanced knowledge in a field of science or learning including the traditional professions of law, medicine, theology, accounting, actuarial computation, engineering, architecture, teaching, pharmacy, various types of physical, chemical and biological sciences, and other similar occupations that have a recognized professional status; entrance into these professions requires a prolonged course of specialized intellectual instruction. [ ] Creative Professionals ( 5 C.F.R. 551.209 ): Primary duty is performance of work requiring invention, imagination, originality or talent in a recognized field of artistic or creative endeavor such as music, acting, writing, and the graphic arts. Exemption depends upon the extent of invention, imagination, originality or talent of the employee; exemption does not apply to work that can be produced by a person with general manual or intellectual ability and training. [ ] Computer Employees ( 5 C.F.R. 551.210 ): Primary duty consists of the application of systems analysis techniques and procedures, including consulting with users to determine hardware, software or system functions specifications; OR design development, documentation, analysis, creation, testing or modification of computer systems or programs; OR a combination of these duties. Exemption does not apply to employees engaged in the manufacture or repair of computer hardware and related equipment or to those whose work is highly reliant on computers but whose duties do not consist of the aforementioned. Salary based exemption applies to any computer professional compensated on an hourly bases at a rate of basic pay of $27.63 an hour and above.
- Temporary Duties ( 5 C.F.R. 551.211 ): [ ] Performing different work or duties for a temporary period of time may affect an employee's exemption status. Consult 5 C.F.R. 551.211 for more details and explain in remarks below.
- Foreign Exemption Criteria ( 5 C.F.R. 551.212 ) [ ] Employees permanently stationed in an exempt area and spend all hours of work in a given work week in one or more exempt areas or employees not permanently stationed in an exempt area, but spend all hours of work in a given work week in one or more exempt areas. Exempt area means any foreign country, or any territory under the jurisdiction of the United States other than a State; the District of Columbia; Puerto Rico; the U.S. Virgin Islands; American Samoa; Guam; Commonwealth of the Northern Mariana Islands; Midway Atoll; Wake Island; Johnston Island; and Palmyra (5 C.F.R.104).
- Criminal Investigators Receiving Availability Pay ( 5 C.F.R. 551.213(a) ) [ ] Special exemption/exclusion applies to criminal investigators receiving availability pay.
- Law Enforcement Activities ( 5 C.F.R. 551.216 ) [ ] Certain duties performed by law enforcement officers affect FLSA status. Consult 5 CFR 551.216 for more details and explain in remarks below.
Final Determination (check one): [ ] Non-Exempt [ ] Exempt
HR Specialist: Date:
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Frequently Asked Questions – Position Classification/Position Descriptions
- Whose responsibility is it to write a Position Description (PD)?
- Can the Human Resources (HR) Specialist help with the development of a Position Description?
- What is a major duty?
- Who determines the duties that are assigned to a position?
- What duties should be in a Position Description (PD)?
- Can supervisors add specific education requirements to professional position descriptions (e.g., requiring specific coursework or educational requirements for biology or hydrology positions)?
- What is the proper format for writing a PD?
- Can I establish an Interdisciplinary position for a position that is not in a professional/scientific series (e.g., budget and administration)?
- How do I set up a career ladder position?
- Why does HR sometimes change the recommended title on my PD and Form HC-08 (PD coversheet)?
- How is the series of a position determined?
- Can I change an existing position description without a full classification review?
- What is meant by a “Code 2” and “Code 4” supervisor?
- How do I amend a classified General Schedule Position Description to add Supervisory Duties that are 20% or less?
- What does it mean when the Form HC-08 PD coversheet indicates the position is “I/A”?
- Can I be assigned work that is not described in my position description?
- Are all Federal employees entitled to a copy of their Position Description?
- Why does an HR Specialist say the duties of the position “does not fully meet” a higher factor level?
- How is the position classification (i.e. title, series, grade) of my job determined?
- What are position classification standards, functional guides and job family standards?
- What is a Desk Audit?
- What do I do when I believe my PD is not accurate?
- What is a position classification appeal and what issues may be appealed?
- How does HR determine the Fair Labor Standards Act (FLSA) coding of exempt or non- exempt for a position?
1. Whose responsibility is it to write a Position Description (PD)?
Supervisors/Managers write the PDs because the assignment of work is ultimately their responsibility. PDs must by written by someone knowledgeable of the occupational field, the organization, functions, programs, and procedures concerned. It must also be certified by the supervisor as an accurate representation of the work.
For information on writing a PD, visit Creating Position Descriptions on the Position Classification page.
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2. Can the Human Resources (HR) Specialist help with the development of a Position Description?
HR can only advise on content and factor level language. The Major Duties and Responsibilities of the position must be written by the supervisor/manager and/or subject matter expert (SME) since they are familiar with the work of the position.
3. What is a major duty?
Major duties are statements identifying the most important, regular and recurring duties and responsibilities assigned to a position. Major duties are those that represent the primary reason for the position's existence and govern the qualification requirements. For the purposes of writing a PD, a position should typically have 5 to 7 major duties.
4. Who determines the duties that are assigned to a position?
Managers/Supervisors are responsible for determining the duties and responsibilities that are assigned to each position.
5. What duties should be in a Position Description (PD)?
A PD should identify the regular and recurring major duties and responsibilities assigned to a position. A PD does not describe in detail every possible activity performed by the employee in the position. DOI policy defines a PD as accurate if it represents at least 80% of the work of the position.
6. Can supervisors add specific education requirements to professional position descriptions (e.g., requiring specific coursework or educational requirements for biology or hydrology positions)?
No. PDs describe duties, responsibilities, and reporting relationships of a position and cannot be used to add education requirements in excess of the OPM minimum qualification requirements.
7. What is the proper format for writing a PD?
The format of a PD is dependent on the type of position. The USGS has PD templates for non- supervisory, supervisory, research, and equipment development PDs. Please visit the Position Classification page and view the PD templates for proper PD formatting. Use of these templates is strongly encouraged as they provide technical guidance for PD writing.
8. Can I establish an Interdisciplinary position for a position that is not in a professional/scientific series (e.g., budget and administration)?
No. Classification of interdisciplinary positions is only appropriate for logically compatible professional/scientific work. The OPM’s Classifier’s Handbook states, “An interdisciplinary position involves duties and responsibilities that are closely related to more than one professional occupation. As a result, the knowledge and experience requirements can be met by persons qualified in either of the professional series involved. Interdisciplinary classification is used principally for positions in mathematical, scientific, or engineering disciplines.” The Handbook further states “In order to be designated interdisciplinary, the professions or disciplines involved must be logically compatible. There must also be an obvious degree of commonality in the core education, knowledge, and experience necessary to meet the qualification requirements of either profession.”
Position descriptions for these positions must state that they are interdisciplinary, and show the tentative classification (title, series, and grade) for each profession (normally limited to two or three series). For staffing purposes, the selected classification of an interdisciplinary professional position is based on the qualifications of the employee that was selected and is recorded on the position description once the position is filled.
9. How do I set up a career ladder position?
When establishing a position at multiple grade levels (e.g., GS-9/11/12) a fully described Position Description and its own Form HC-08 (PD coversheet) is required for each grade. In the past, a Statement of Difference was often used to describe the difference between two grade levels in lieu of having a full PD, but that practice has been found to not meet the Standards of Adequacy as described in the Department of Interior’s Position Management and Position Classification Policy Handbook and is no longer an option.
The use of career ladders for code 2 supervisory positions (supervisory duties performed 25% or more) is prohibited by DOI policy.
The use of career ladders for code 4 supervisory positions (supervisory duties performed 20% or less) is rare. A full position management review of the position and surrounding organizational structures must be completed when using a career ladder for a code 4 supervisor position. (see below for additional information regarding code 4 supervisors)
10. Why does HR sometimes change the recommended title on my PD and Form HC-08 (PD coversheet)?
HR Specialists are required to use OPM-prescribed titles. Only prescribed titles may be used as the official title for a position.
The requirement to use official titles, however, does not preclude submitting offices from using an ‘organizational title” for the position. HR can help construct appropriate organizational titles. These may be helpful for internal use or for recruiting purposes but are not always descriptive of the overall occupation for broader purposes. Note: Titles prescribed by OPM or restricted by DOI or USGS usage cannot be used as organizational titles. Organizational titles are documented on the HC-08 and in FPPS.
11. How is the series of a position determined?
A variety of information is considered by the HR Specialist when determining the series of a position. Considered in making the determination are the type of organization in which the position is located, the qualifications used in recruiting for the position, and the primary type of work performed by the position. For most positions this determination is straight-forward; for example, a position performing lower-graded technical work in support of a stream gage network in a Water Science Center fits very neatly into the 1316 Hydrologic Technician series.
At times, however, it may be more difficult to determine the series. In situations where much of the work is administrative in nature, but the position requires a professional understanding of scientific principles, the qualifications for scientific positions will drive the series determination. A support position that performs a variety of clerical, property management, and purchasing tasks in an administrative organization would likely fit in the 0303 Miscellaneous Clerk and Assistant series, whereas a position performing similar work sitting in a facilities operation organization will fit better into the 1603, Equipment, Facilities, and Services Assistance series. The HR Specialist must make the series determination based on careful analysis of the position location, purpose, and duties and consistent application of OPM’s published standards and guidance.
12. Can I change an existing position description without a full classification review?
Form DI-625, Position Classification Amendment , is the DOI form used to amend/make minor changes (impacting less than 20% of the duties) to an existing PD. This form cannot be used to make changes to the existing title, grade or series of a position.
Changes to positions impacting more than 20% of the duties or that impact the title, grade or series cannot be completed through the amendment process. Such changes require a fully described PD and full evaluation by a HR Classifier.
For DOI standard PDs – Supervisors may strike out minor words not applicable to the position but cannot add to them. The only modifications that can be made to the cover page of a DOI standard PD is the addition of organizational information or appropriate remarks. Signatures, titles, etc., cannot be altered. Any modifications, such as addition of minor collateral duties, must be documented on a DI-625 .
For USGS standard PDs – Supervisors may amend a PD with a DI-625 to add collateral duty statements or to add specificity to a particular duty. An example of where this may be appropriate is the addition of duties related to a specific class of animals or to a specified type of hydrologic studies unique to the organization.
All PD amendments will be submitted to Classification for review and approval through the 9-3178 system.
13. What is meant by a “Code 2” and “Code 4” supervisor?
During the classification review process, the information contained in the position description relating to supervisory duties is reviewed along with the organizational chart. This information is compared to OPM published standards and guidance to determine the supervisory status of the position.
“Code 2” - Applies to supervisors who exercise supervisory responsibilities that meet, at least, the minimum requirements for application of the GSSG; i.e., requiring accomplishment of work through combined technical and administrative direction of others; occupying at least 25% of the positions time; and meeting at least the lowest level of Factor 3 in the GSSG. These positions
may have the prefix of “supervisory” added to their title in accordance with OPM’s titling guidance.
“Code 4” – Applies to supervisory positions that meet the legal definition of a supervisor as identified in 5 U.S.C. 7103(A), which defines "supervisor" as an individual employed by an agency having authority in the interest of the agency to hire, direct, assign, promote, reward, transfer, furlough, layoff, recall, suspend, discipline, or remove employees, to adjust their grievances, or to effectively recommend such action, if the exercise of the authority is not merely routine or clerical in nature but requires the consistent exercise of independent judgment.
Code 4 supervisors do not meet the minimum requirements for application of OPM’s General Schedule Supervisory Guide (GSSG) during the classification process. Code 4 supervisory positions exercise supervisory responsibilities 20% or less of their time and will not have the prefix of “supervisory” included in their title. Typically, code 4 supervisors are reserved for small organizations where no other supervisory options are practical and position management principles have been applied.
14. How do I amend a classified General Schedule Position Description to add Supervisory Duties that are 20% or less?
1. The decision to add Code 4 supervisory duties to a position must be made in consultation with HR management to ensure appropriate use and consistency with law, regulation, and policy.
2. Note the specific percentage (The maximum percentage of time that can be spent is 20%, as duties performed at the 25% threshold may impact the classification of the position.) and the subordinate positions assigned to this position. (For example: Number of Positions, Title of Position(s), Series and Grade(s), Full Performance Level, and Type of Position - i.e. Permanent, Temporary, Seasonal, etc.)
3. Positions that have the addition of supervisory responsibilities should be reviewed for potential changes to data elements on the Form HC-08 PD coversheet.
4. A supervisory statement may be added to the body of the PD and submitted to classification.
Sample Supervisory Statement : Exercises the full range of administrative and technical supervision for a supporting staff. Performs overall work planning, establishes work schedules and priorities and assigns and reviews work. Personally discusses with subordinates their work progress and problem areas as they arise. Interviews and recommends the hiring of subordinate staff. Recommends promotions, reassignments and other personnel changes, and approves leave. Develops/recommends performance standards and evaluates the performance of subordinates. Recommends awards, and counsels employees whose performance falls short of expectations. Identifies training needed by subordinates and ensures that training opportunities are provided. Carries out minor disciplinary measures such as counseling, written warnings, and reprimands and proposes other more sever discipline in more serious matters. Keeps employees informed of management policies and goals.
Equal Opportunity: As a supervisor, the incumbent is responsible for ensuring equal opportunity for employees supervised, including selection for training, promotions and awards.
Safety: Responsible for the on-the-job safety and health of all employees supervised and initiates efforts conforming to established local and bureau safety programs to satisfy the responsibility.
Labor-Management Relations: Responsible for being knowledgeable about management’s role and responsibilities in labor-management relations.
5. Submit the request and required documents to the Human Resource Office through the 9-3178 for classification review and approval.
Remember that while management decides how to arrange work in their organization, positions must be classified in accordance with OPM’s published standards and guidance as well as DOI policy.
15. What does it mean when the Form HC-08 PD coversheet indicates the position is “I/A”?
I/A stands for Identical/Additional. A PD marked I/A “yes” is typically used in an office to assign more than one employee to a PD where they perform the exact same job functions. For example, an HR office with 4 Human Resources Specialists, GS-0201-11, employees would be assigned to the same PD marked I/A. Even though they may service different offices, the work performed is identical. Organizations should work with their servicing HR Office to establish I/ A PDs whenever practical. I/A PDs may be used for a single grade-level PD or for career ladder positions.
I/A PDs are only appropriate for supervisory positions when organizational structures are identical. Because supervisory positions are evaluated based upon factors such as the typical grade level of work being supervised, the organizational setting of the position, etc., I/A PDs for supervisory positions must be reviewed with extra care. The organizational structures and work being supervised must be identical as well as the work being performed by the supervisory position. Supervisory I/A PDs are rare. They are typically only found in large organizations with several sub-units of identical size, mission, and purpose.
I/A “no” positions represent work that is unique to a single position. These PDs often represent the work of a higher-level technical expert to whom others in an organization look for guidance and assistance. Such PDs should not be used to fill multiple positions without careful review by and authorization of the classifier.
16. Can I be assigned work that is not described in my position description?
Yes. Managers and Supervisors have the right to assign work to employees under their supervision, and employees have the responsibility to perform the assigned work. Employees frequently perform work that is not described in their PD.
If assignments not described in the PD becomes regular and recurring or represent 20% or more of typical work of the position, management is responsible for properly documenting the duties in the official PD. HR must be consulted when adding significant duties to any PD.
Assignment of higher-graded duties to a position can impact the grade of a position, therefore, “fair and open competition” must be considered when assigning higher-graded duties to any employee. Failure to consult HR in such cases can result in a supervisor or manager unwittingly committing a prohibited personnel practice .
17. Are all Federal employees entitled to a copy of their Position Description?
Yes. Employees should have access to their position description. If you need a copy of your position description, you should first look in your Electronic Official Personnel Folder (eOPF). If one is not filed in your eOPF, you should contact your immediate supervisor or your Servicing Human Resource Office.
18. Why does an HR Specialist say the duties of the position “does not fully meet” a higher factor level?
Crediting a position at a particular factor level requires the HR specialist to evaluate the job duties by comparing the predominant work to the factor level description in the OPM Classification Standards. Each factor level description represents a minimum or "threshold" between each factor. If a position factor exceeds one level but fails to meet fully the intent of the next higher level, then the lower point value must be credited. Because factor level descriptions represent the lower range or threshold for a given point value, the position must fully meet the intent of the factor level to be credited.
19. How is the position classification (i.e. title, series, grade) of my job determined?
The major duties and responsibilities of a position are analyzed and evaluated using position classification standards and guides issued by the Office of Personnel Management (OPM). Applying OPM principles and rules, the HR Specialist determines the applicable pay system, title, series, and grade.
20. What are position classification standards, functional guides and job family standards?
Position classification standards, functional guides and job family standards are the evaluation tools issued by the Office of Personnel Management and used by the HR Specialist when evaluating the work of positions.
21. What is a Desk Audit?
A desk audit is a way of getting up-to-date facts about a position to ensure the duties are classified accurately. Changes in programs, new tools, different procedures, and organizational changes are only a few ways that duties and responsibilities of a position are affected. Other examples that may trigger a desk audit are:
- Your position is identified during routine classification reviews.
- Employee requests a review with supervisory concurrence.
- New position classification standards need to be applied to your position.
- The supervisor recommends a review of your position due to major changes in your job and to determine if revisions are in order.
- Administrative review is required in conjunction with some other administrative function (such as a Science Center Administrative Review or a classification consistency review required by DOI or OPM).
22. What do I do when I believe my PD is not accurate?
Employees should work with their immediate supervisor when they feel their PD is no longer accurate in clarifying any assigned duties. If needed, an updated description may need to be written and classified.
23. What is a position classification appeal and what issues may be appealed?
An employee can appeal the classification of their position either through Department of the Interior (DOI) procedures or directly to the Office of Personnel Management. DOI guidance allows employees to appeal their positions either to the bureau (USGS) or the Department. For either of the Department methods, the employee can make a formal written request to either the USGS Office of Human Capital or DOI Office of Human Resources. An appeal request should include the reason for the appeal and the outcome the employee is requesting (for example, “my position should be credited at factor 1-6 and the final grade level should be GS-09” or “my position title should be changed to supervisory management analyst”). Additional information on the content of appeals, what can be appealed can be found on DOI’s Position Management and Position Classification Policy Handbook Frequently Asked Questions & Answers and on OPM’s Policy, Data, and Oversight web pages.
Note that DOI will not adjudicate appeals for DOI Standard PDs or positions graded on the Research Grade Evaluation Guide (RGEG) or the Equipment Development Grade Evaluation (EDGE) Guide. DOI Standard PDs must be appealed to OPM. Positions graded based on the application of either RGEG or EDGE may appeal either to USGS or OPM. As with other appeals, an appeal to OPM is final and cannot be then appealed to USGS.
24. How does HR determine the Fair Labor Standards Act (FLSA) coding of exempt or non- exempt for a position?
OPM, DOI, and USGS guidance on FLSA coding is extensive but comes down to two important rules. First, all positions are considered to be non-exempt (meaning they’re covered by specific provisions of the Fair Labor Standard Act) unless it can be clearly demonstrated that the work of the position meets one of the exemptions described at 5 CFR 551. Second, the determination of exempt or non-exempt from the provisions of the Act must be based on the duties and responsibilities of an operating position, not on titles, grade levels, or position descriptions that may or may not be accurate.
« Return to Position Descriptions
Assign is the act of transferring rights , property , or other benefits to another party (the assignee ) from the party who holds such benefits under contract (the assignor). This concept is used in both contract and property law .
Under contract law, when one party assigns a contract , the assignment represents both: (1) an assignment of rights; and (2) a delegation of duties .
- For example, if A contracts with B to teach B guitar for $50, A can assign this contract to C.
- Here, A has both: (1) assigned A’s rights under the contract to the $50; and (2) delegated A’s duty to teach guitar, to C.
- In this example, A is both the “assignor” and the “delegee” who delegates the duties to another (C), C is known as the “ obligor ” who must perform the obligations to the assignee , and B is the assignee who is owed duties and is liable to the obligor.
Assigning of Rights/Duties Under Contract Law
There are a few notable rules regarding assignments under contract law.
First, if an individual has not yet secured the contract to perform duties to another, they cannot assign their future right to an assignee.
- That is, if A has not yet contracted with B to teach B guitar, A cannot assign their rights to C.
Second, rights cannot be assigned when they materially change the obligor’s duty and rights.
Third, the obligor can sue the assignee directly if the assignee does not pay them.
- Following the previous example, this means that C ( obligor ) can sue B ( assignee ) if C teaches guitar to B, but B does not pay C $50 in return.
Delegation of Duties
If the promised performance requires a rare genius or skill, then the delegee cannot delegate it to the obligor. It can only be delegated if the promised performance is more commonplace. Further, an obligee can sue if the assignee does not perform. However, the delegee is secondarily liable unless there has been an express release of the delegee.
- Meaning if B does want C to teach guitar but C refuses to, then B can sue C. If C still refuses to perform, then B can compel A to fulfill the duties under secondary liability.
Lastly, a related concept is novation , which is when a new obligor substitutes and releases an old obligor. If novation occurs, then the original obligor’s duties are wiped out. Novation requires an original obligee’s consent .
Under property law , assignment typically arises in landlord-tenant situations.
- For example, A might be renting from landlord B but wants another party (C) to take over the property.
- In this scenario, A might choose between assigning and subleasing the property to C.
- If assigning , A would give C the entire balance of the term , with no reversion to anyone; whereas if subleasing , A would give C the property for a limited period of the remaining term.
- Under assignment, C would have privity of estate with the landlord while under a sublease, C would not.
[Last updated in June of 2022 by the Wex Definitions Team ]
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Definition: Official Duty Activities are those activities performed by an employee as part of, or an extension of, regular official responsibilities. This discussion refers to official duty activities with an outside organization. The Standards of Ethical Conduct for Employees of the Executive Branch (at 5 CFR 2635) provide the basic guidelines for official duty activities, and the NIH sets the policy for implementing the guidelines at the NIH. An employee may participate in such activities only with advance approval as indicated below.
The activities an employee performs must be related to his/her official duties. Any official work performed with an outside organization must also be consistent with the authority and mission of the NIH. There should be compelling agency policy reasons for official duty activities with outside organizations. The activity must be avoided if the outside organization engages in lobbying or otherwise takes public positions on matters of significant controversy involving the NIH. Such activity should be limited where it is likely that the outside organization may become involved in legal disputes or other actions (e.g., medical care, personnel) that could subject it to liability. Because the activities are related to the employee's job, the employee may use non-confidential official information:
- that is available to the public or necessary to the work at hand, including information drawn from his/her current work or any work performed within the last 12-month period;
- associated with previous work (i.e., any matter in which the employee was involved prior to the last 12 months) regardless of whether it has been publicly disclosed; and
- that involves any on-going or announced NIH policy, program, or operation (rather than the outside organization's or the employee's general scientific or professional knowledge).
NIH Official Duty Policy Documents
January 23, 2008, Memo from the NIH Deputy Ethics Counselor notifying ICs about the new policy. The policy consists of 3 primary elements:
- Introductory Statement: Official Duty Policy
- Conflicts Assessment Sheet
- Official Duty Activity table of examples and approval level required.
See also the June 1, 2007, memo from the NIH Deputy Ethics Counselor to the IC Directors implementing the option to use a blanket official duty activity request to obtain permission for several official duty activities together. A blanket official duty activity request memo template is available on the forms webpage.
The extramural community has two additional guidance documents applicable to extramural staff only:
- Conflict of Interest Procedures for Extramural NIH Employees in the Conduct of Their Official Duties
- An Extramural Scientist with Significant Intramural Responsibilities
- Giving Scientific Advice to an IC Director on Extramural Activities
- Scientific Officers on Cooperative Agreements
- Intramural & Extramural Scientific Research Collaboration within the Same IC
- How Collaborative Relationships that Change Over Time can Impact Conflicts of Interests - Giving Lectures
- IC Directors and Mentorship
- IC Directors with Intramural Laboratories Collaborating with Extramural Organizations
- Extramural Science Administrators Reviewing Manuscripts
- SRAs and Conflicts - Managing a Workshop
- Public-Private Partnerships
- Another Public-Private Partnership
- Conflicts Emerging from Collaborations with For-Profit Organizations (Does size and structure matter?)
Memo to Request Approval of Official Duty Activity
This memo is used to request approval of certain activities involving outside organizations which are outside your regular official duties but will be performed as part of your official duty. Three samples are provided, as described below.
- Word Format
Publication Copyright and Public Access Issues
An employee working in an official capacity is working on behalf of the NIH, not in a personal capacity, and must follow the NIH Employee Procedures for Complying with NIH Public Access Policy .
Additional Guidelines for Official Duty Activities With Outside Organizations
Note : Please send all official duty actions for IC Directors that require either an ethics OR supervisory review to NEO, and not directly to Dr. Kington's office.
Note : If an organization expresses a desire to give an honorarium to an institute or center because the employee cannot accept an honorarium for an Official Duty Activity, the organization must be referred to the IC Executive Officer or Budget Officer. If an employee helps determine to whom the funds are given in lieu of an honorarium, it would be deemed "constructive receipt" of the honorarium on the employee's part, which is prohibited.
- Official Time : An employee who performs his/her officially assigned duties and responsibilities with outside organizations is working on official time and therefore he/she is not required to take annual leave or leave without pay.
- Use of Government Resources : An employee may use Government equipment, supplies, services, and staff to carry out his/her assigned duties with outside organizations. The employee travels using Government travel orders, and may travel on an approved HHS-348 if applicable.
- Use of NIH Space : An employee may use NIH space and facilities when needed to accomplish official duty work with an outside organization. Meeting rooms and other space must be requested in the same manner as for any internal NIH function.
- Use of Official Titles : Outside organizations may use the official titles of an employee as a reference, identifier, or to promote attendance at public meetings or presentations, when the employee is participating in an official capacity. (Official title may not be used to imply endorsement of the organization or its products or services, if any.) See also Use of Official Title in Activities with Outside Organizations .
Exception : An employee may perform outside activities and official duty activities with the same outside organization during the same time period if all three of the following exist: the outside activity involves: a position (elected or appointed) in the organization, i.e., professional association; or an appointment to an academic/medical institution with no compensation or minimal compensation and limited teaching responsibilities; and the official duty involves the presentation of research related information; and the employee obtains a waiver from his/her Deputy Ethics Counselor when the determination is made that the conflicting financial interest is not so substantial as to be deemed likely to affect the integrity of the services which the Government may expect from the employee. A signed waiver must accompany both outside activity requests and requests for payment-in-kind (HHS-348).
- personnel actions regarding the staff of the organization and/or establishing their compensation and benefits;
- the financial management of the organization, including sources and disposition of the income of the organization, management of investment portfolios, or other related matters; or,
- fund-raising activities.
- A Federal liaison must serve as a non-voting, non-fiduciary agency representative to the outside organization. (In some standard setting organizations, there is authority for the Federal Liaisons to vote.)
- An employee serving in this capacity must not participate in the internal or business affairs, or fund-raising activities of the outside organization.
- For all other purposes, the employee is subject to the same provisions that apply to NIH employees engaged in official duty activities.
- An employee may participate as a Federal liaison on Government time, use Government equipment and services, and travel on Government travel orders.
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Roles, responsibilities, and permissions
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In an organization, several teams work together to make sure that the workload and the supporting infrastructure are secure. To avoid confusion that can create security risks, define clear lines of responsibility and separation of duties.
Based on Microsoft's experience with many cloud adoption projects, establishing clearly defined roles and responsibilities for specific functions in Azure avoids confusion that can lead to human and automation errors creating security risk.
Clear lines of responsibility
Do the teams have a clear view on responsibilities and individual/group access levels?
Designate the parties responsible for specific functions in Azure.
Clearly documenting and sharing the contacts responsible for each of these functions creates consistency and facilitates communication. Based on Microsoft's experience with many cloud adoption projects, consistency and communication prevent confusion that can lead to human and automation errors that create security risks.
Designate groups (or individual roles) that are responsible for key functions.
A centralized team might be responsible for establishing these roles across your organization to provide consistent support across all workload teams. If your team is not solely responsible for each of the following roles, consult the guidance on Aligning responsibilities across teams with a focus on understanding how your workload team will interface with a Cloud platform team , Central IT , or a Cloud center of excellence .
|Group or individual role||Responsibility|
|Configuration and maintenance of Azure Firewall, Network Virtual Appliances (and associated routing), Web Application Firewall (WAF), network security groups, application security groups (ASG), and other cross-network traffic.|
|Enterprise-wide virtual network and subnet allocation.|
|Monitor and remediate server security (patching, configuration, endpoint security).|
|Incident monitoring and response to investigate and remediate security incidents in security information and event management (SIEM) or source console such as Microsoft Defender for Cloud Azure AD Identity Protection.|
|Apply governance based on risk analysis and compliance requirements. Set direction for use of Azure role-based access control (Azure RBAC), Microsoft Defender for Cloud, administrator protection strategy, and Azure Policy to govern Azure resources.|
|Set direction for Azure AD directories, PIM/PAM usage, multifactor authentication, password and synchronization configuration, and application identity standards.|
Application roles and responsibilities should cover different access level of each operational function. For example, publish production release, access customer data, manipulate database records, and so on. Application teams should include central functions listed in the preceding table.
Grant roles the appropriate permissions that start with least privilege and add more based on your operational needs. Provide clear guidance to your technical teams that implement permissions. This clarity makes it easier to detect and correct that reduces human errors such as overpermissioning.
Many organizations manage identity, access, and permissions from a centralized cloud platform team using Cloud Adoption Framework Azure landing zones as a guide for configuration and permissions across multiple workloads. If identity and access are managed outside of the workload team, see the Identity and access management design area to understand how to apply the proper level of permissions in your application's landing zone.
Assign permissions at the management group level for the segment instead of individual subscriptions. Assigning permissions drives consistency and ensures application to future subscriptions. In general, avoid granular and custom permissions.
Consider the built-in roles in Azure before creating custom roles to grant the appropriate permissions to VMs and other objects.
Security managers group membership might be appropriate for smaller teams or organizations where security teams have extensive operational responsibilities.
When assigning permissions for a segment, consider consistency while allowing flexibility to accommodate several organizational models. These models can range from a single centralized IT group to mostly independent IT and DevOps teams.
Reference model example
This section uses a reference model to demonstrate the considerations for assigning permissions for different segments. If your workload architecture requires segmentation and shared services spanning multiple segments for the same workload, Microsoft recommends starting from these models and adapting to your organization.
Shared services are seldom deployed or managed as part of a single workload or by the workload team. When centralized teams provide shared service, the best practice is to begin with Azure landing zones in the Cloud Adoption Framework. Azure Landing Zones provide a conceptual architecture, reference implementations, and proven design processes to customize and implement the platform (or shared) services needed to support multiple applications. Those best practices aid in making platform wide decisions regarding network topology and connectivity , segmentation and governance , which should be used when these decisions impact more than one workload.
Core services reference permissions
This segment hosts shared services utilized across the organization. These shared services typically include Active Directory Domain Services, DNS/DHCP, System Management Tools hosted on Azure Infrastructure as a Service (IaaS) virtual machines.
Security visibility across all resources: For security teams, grant read-only access to security attributes for all technical environments. This access level is needed to assess risk factors, identify potential mitigations, and advise organizational stakeholders who accept the risk. For more information, see Security team visibility .
Policy management across some or all resources: To monitor and enforce compliance with external (or internal) regulations, standards, and security policy, assign appropriate permission to those roles. The roles and permissions you choose depend on the organizational culture and expectations of the policy program. See Microsoft Cloud Adoption Framework for Azure .
Before defining the policies, consider:
- How is the organization's security audited and reported? Is there mandatory reporting?
- Are the existing security practices working?
- Are there any requirements specific to industry, government, or regulatory requirements?
Designate group(s) (or individual roles) for central functions that affect shared services and applications.
After the policies are set, continuously improve those standards incrementally. Make sure that the security posture doesn't degrade over time by having auditing and monitoring compliance. For information about managing security standards of an organization, see governance, risk, and compliance (GRC) .
Central IT operations across all resources: Grant permissions to the central IT department (often the infrastructure team) to create, modify, and delete resources like virtual machines and storage. Contributor or owner roles are appropriate for this function.
Central networking group across network resources: To ensure consistency and avoid technical conflicts, assign network resource responsibilities to a single central networking organization. These resources should include virtual networks, subnets, Network Security Groups (NSG), and the virtual machines hosting virtual network appliances. Assign network resource responsibilities to a single central networking organization. The network contributor role is appropriate for this group. For more information, see Centralize network management and security .
Resource role permissions: For most core services, administrative privileges required to manage them are granted through the application (Active Directory, DNS/DHCP, System Management Tools), so no other Azure resource permissions are required. If your organizational model requires these teams to manage their own VMs, storage, or other Azure resources, you can assign these permissions to those roles.
Workload segments with autonomous DevOps teams manage the resources associated with each application. The actual roles and permissions depend on the application size and complexity, the application team's size and complexity, and the organization and application team's culture.
Service admin (break glass account): Use the service administrator role only for emergencies and initial setup. Don't use this role for daily tasks. For more information, see Emergency access ('break glass' accounts) .
Segment reference permissions
This segment permission design provides consistency while allowing enough flexibility to accommodate the range of organizational models. The organizational models span from a single centralized IT group to mostly independent IT and DevOps teams.
Security visibility across all resources: For security teams, grant read-only access to security attributes for all technical environments. This access level is needed to assess risk factors, identify potential mitigations, and advise organizational stakeholders who accept the risk. See Security Team Visibility .
Policy management across some or all resources: To monitor and enforce compliance with external (or internal) regulations, standards, and security policy assign appropriate permission to those roles. The roles and permissions you choose depend on the organizational culture and expectations of the policy program. See Security Baseline discipline overview .
IT Operations across all resources: Grant permission to create, modify, and delete resources. The purpose of the segment (and resulting permissions) depends on your organization structure.
Segments with resources managed by a centralized IT organization can grant the central IT department (often the infrastructure team) permission to modify these resources.
Segments managed by independent business units or functions (such as a Human Resources IT Team) can grant those teams permission to all resources in the segment.
Segments with autonomous DevOps teams don't need to grant permissions across all resources because the resource role grants permissions to application teams. For emergencies, use the service admin account (break-glass account).
Central networking group across network resources: To ensure consistency and avoid technical conflicts, assign network resource responsibilities to a single central networking organization. These resources should include virtual networks, subnets, Network Security Groups (NSG), and the virtual machines hosting virtual network appliances. See Centralize Network Management And Security .
Resource role permissions: Segments with autonomous DevOps teams manage the resources associated with each application. The actual roles and permissions depend on the application size and complexity, the application team's size and complexity, and the organization and application team's culture.
Service admin (break glass account): Use the service admin role only for emergencies (and initial setup if necessary). Don't use this role for daily tasks. For more information, see Emergency access or 'Break Glass' accounts) .
Security team visibility
An application team needs to be aware of security initiatives to align their security improvement plans with the outcome of those activities. Provide security teams read-only access to the security aspects of all technical resources in their purview.
Security organizations need visibility into the technical environment to perform their duties of assessing and reporting on organizational risk. Without this visibility, security has to rely on information provided from groups operating in the environment, which have potential conflict of interest (and other priorities).
Security teams might separately be granted other privileges if they have operational responsibilities or a requirement to enforce compliance on Azure resources.
For example in Azure, assign security teams to the security readers permission that provides access to measure security risk (without providing access to the data itself).
For enterprise security groups with broad responsibility for security of Azure, you can assign this permission using:
Root management group – for teams responsible for assessing and reporting risk on all resources
Segment management group(s) – for teams with limited scope of responsibility (typically required because of organizational boundaries or regulatory requirements)
Because security will have broad access to the environment (and visibility into potentially exploitable vulnerabilities), treat security teams as critical impact accounts and apply the same protections as administrators. The Administrative account security section details these controls for Azure.
- Define a process for aligning communication, investigation, and hunting activities with the application team.
- Following the principle of least privilege, establish access control to all cloud environment resources for security teams with sufficient access. Security teams gain the required visibility into the technical environment and to perform their duties of assessing, and reporting on organizational risk.
Engage your organization's security team
Manage connected tenants
Does your security team have visibility into all existing subscriptions and cloud environments? How do they discover new ones?
Ensure your security organization is aware of all enrollments and associated subscriptions connected to your existing environment (via ExpressRoute or a site-to-site VPN) and monitoring as part of the overall enterprise.
These Azure resources are part of your enterprise environment and security organizations require visibility into them. Security organizations need this access to assess risk and to identify whether organizational policies and applicable regulatory requirements are being followed.
The organizations' cloud infrastructure should be well documented, with security team access to all resources required for monitoring and insight. Frequent scans of the cloud-connected assets should be performed to ensure no other subscriptions or tenants have been added outside of organizational controls. Regularly review Microsoft guidance to ensure security team access best practices are consulted and followed.
Ensure all Azure environments that connect to your production environment and network apply your organization's policy, and IT governance controls for security.
You can discover existing connected tenants using a tool provided by Microsoft for guidance on permissions.
Restrict access to Azure resources based on a need-to-know basis starting with the principle of least privilege security and add more based on your operational needs.
Azure control plane security
For considerations about using management groups to reflect the organization's structure within an Azure Active Directory (Azure AD) tenant, see Management groups .
Back to the main article: Azure identity and access management considerations
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Duties Assigned Sample Clauses
- Duties as Sub-Adviser
- Position, Duties and Responsibilities
- Duties and Obligations of Employee
- Position; Duties
- Duties and Obligations
- Certain Duties and Responsibilities
- Position Duties Responsibilities
- Duties and Title
- Duties and Responsibilities of the Escrow Agent
Related to Duties Assigned
Duties as Sub-Adviser (a) Subject to the supervision and direction of the Trust's Board of Trustees (the "Board") and review by UBS Global Americas, and any written guidelines adopted by the Board or UBS Global Americas, the Sub-Adviser will provide a continuous investment program for the Portfolio or Segment, including investment research and discretionary management with respect to all securities and investments and cash equivalents in the Portfolio or Segment. The Sub-Adviser will determine from time to time what investments will be purchased, retained or sold by the Portfolio or Segment. The Sub-Adviser will be responsible for placing purchase and sell orders for investments and for other related transactions for the Portfolio or Segment. The Sub-Adviser understands that the Portfolio's assets need to be managed so as to permit the Portfolio to qualify or to continue to qualify as a regulated investment company under Subchapter M of the Internal Revenue Code, as amended ("Code"). The Sub-Adviser will provide services under this Agreement in accordance with the Portfolio's investment objective, policies and restrictions as stated in the Trust's currently effective registration statement under the 1940 Act, and any amendments or supplements thereto ("Registration Statement").
Position, Duties and Responsibilities As of the Effective Date, the Executive shall be employed as the Senior Vice President, Product Management of the Company or in such other reasonably comparable position as the Chief Executive Officer of the Company (the “Chief Executive Officer”) may determine from time to time. In this capacity, the Executive shall be assigned such duties and responsibilities inherent in such position and such other duties and responsibilities as the Chief Executive Officer shall from time to time reasonably assign to him. The Executive shall serve the Company faithfully, conscientiously, and to the best of the Executive’s ability and shall promote the interests and reputation of the Company. The Executive shall devote all of the Executive’s time, attention, knowledge, energy and skills during normal working hours, and at such other times as the Executive’s duties may reasonably require, to the duties of the Executive’s employment; provided, however, that the Executive may (a) serve on civic or charitable boards or committees; or (b) with the approval of the Chief Executive Officer or the Board, serve on corporate boards or committees. The Executive shall report to the Chief Executive Officer in carrying out his duties and responsibilities under this Agreement. The Executive agrees to abide by the rules, regulations, instructions, personnel practices and policies of the Company and any changes therein that may be adopted from time to time.
Duties and Obligations of Employee Employee shall serve as Executive ------------------------------------- Vice President. Employee shall report to CEO or other individual designated by the Board of Directors of the Company. Employee shall faithfully and diligently perform all professional duties and acts as may be requested and required of Employee by Company or its Directors. Employee shall devote such time and attention to the business of Company as shall be required to perform the required services and duties. Employee at all times during the employment term shall strictly adhere to and obey all policies, rules and regulations established from time to time governing the conduct of employees of Company
Position; Duties (a) During the Employment Term (as defined in Section 2 below), the Executive shall serve as a Chief Executive Officer of the Company. In this capacity the Executive shall have such duties, authorities and responsibilities commensurate with the duties, authorities and responsibilities of persons in similar capacities in similarly sized companies and such other reasonable duties and responsibilities as the Board of Directors of the Company (the "Board") shall designate. The Executive shall report directly to the Chief Executive Officer. The Executive shall obey the lawful directions of the Board, the Company's Chief Executive Officer and any other senior executive of the Company to whom the Executive reports and shall use his diligent efforts to promote the interests of the Company and to maintain and promote the reputation thereof.
Duties and Obligations The Administrative Agent shall not have any duties or obligations except those expressly set forth in the Loan Documents. Without limiting the generality of the foregoing, (a) the Administrative Agent shall not be subject to any fiduciary or other implied duties, regardless of whether a Default has occurred and is continuing, (b) the Administrative Agent shall not have any duty to take any discretionary action or exercise any discretionary powers, except discretionary rights and powers expressly contemplated by the Loan Documents that the Administrative Agent is required to exercise as directed in writing by the Required Lenders (or such other number or percentage of the Lenders as shall be necessary under the circumstances as provided in Section 9.02), and, (c) except as expressly set forth in the Loan Documents, the Administrative Agent shall not have any duty to disclose, and shall not be liable for the failure to disclose, any information relating to any Loan Party or any Subsidiary that is communicated to or obtained by the bank serving as Administrative Agent or any of its Affiliates in any capacity. The Administrative Agent shall not be liable for any action taken or not taken by it with the consent or at the request of the Required Lenders (or such other number or percentage of the Lenders as shall be necessary under the circumstances as provided in Section 9.02) or in the absence of its own gross negligence or willful misconduct as determined by a final nonappealable judgment of a court of competent jurisdiction. The Administrative Agent shall be deemed not to have knowledge of any Default unless and until written notice thereof is given to the Administrative Agent by the Borrower or a Lender, and the Administrative Agent shall not be responsible for or have any duty to ascertain or inquire into (i) any statement, warranty or representation made in or in connection with any Loan Document, (ii) the contents of any certificate, report or other document delivered hereunder or in connection with any Loan Document, (iii) the performance or observance of any of the covenants, agreements or other terms or conditions set forth in any Loan Document, (iv) the validity, enforceability, effectiveness or genuineness of any Loan Document or any other agreement, instrument or document, (v) the creation, perfection or priority of Liens on the Collateral or the existence of the Collateral, or (vi) the satisfaction of any condition set forth in Article IV or elsewhere in any Loan Document, other than to confirm receipt of items expressly required to be delivered to the Administrative Agent.
Certain Duties and Responsibilities (a) Except during the continuance of an Event of Default,
Position Duties Responsibilities 3.1 It is intended that at all times during the Term of employment hereunder, the Employee shall serve as the Chief Executive Officer of the Company. The Employee agrees to perform such senior executive officer and managerial services customary to such position as are necessary to the operations of the Company and as may be assigned to him from time to time by the Company's Board of Directors (the "Board of Directors").
Duties and Title Employee’s title shall be that of President and Chief Executive Officer. Employee shall have such powers and perform such duties as are customarily performed by a Chief Executive Officer, including management responsibility for all of the day to day operations of Employer. Employee shall report to the Board of Directors of the Company. Employee shall perform his duties to the best of his abilities and shall devote substantially all of his working time to such duties.
Duties and Responsibilities of the Escrow Agent The Escrow Agent's duties and responsibilities shall be subject to the following terms and conditions:
Job Duties Company employs, engages and hires Executive as its Chief Information Officer, and Executive accepts and agrees to such employment, engagement and hiring. Executive’s duties and authority during the Employment Period shall be such executive and managerial duties as the Chief Executive Officer of Company, or the Chief Executive Officer’s designee, shall reasonably determine. Executive will devote full time on behalf of Company, or such lesser amount of time as the Chief Executive Officer, or the Chief Executive Officer’s designee, may determine, reasonable absences because of illness, personal and family exigencies excepted.
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assignment noun as· sign· ment 1 : the act of assigning 2 a : a position, post, or office to which one is assigned b : a task assigned 3 : a present transfer of property or rights — absolute assignment : an assignment in which the transfer is complete and leaves the assignor with no interest in the property or right transferred
: to appoint to a post or duty assigned them to light duty assigned me two clerks b : to appoint as a duty or task assigns 20 pages for homework 3 : to fix or specify in correspondence or relationship : select, designate assign counsel to the defendant assign a value to the variable
to give out or announce as a task: to assign homework. to appoint, as to a post or duty: to assign one to guard duty. to designate; name; specify: to assign a day for a meeting. verb (used without object) Law. to transfer property, especially in trust or for the benefit of creditors. noun Usually assigns.
Britannica Dictionary definition of ASSIGN. [+ object] 1. : to give someone a particular job or duty : to require someone to do a particular task. They assigned me the job of cleaning the equipment. = They assigned the job of cleaning the equipment to me. = They assigned me to clean the equipment. The teacher assigned us 50 math problems for ...
1. To select for a duty or office; appoint: firefighters assigned to the city's industrial park. See Synonyms at appoint. 2. To set apart for a particular purpose or place in a particular category; designate: assigned the new species to an existing genus. See Synonyms at allocate. 3. To give out as a task; allot: assigned homework to the class. 4.
Assigned duties means those specific tasks or jobs designated by the employer for a particular position within a job classification. The term does not include the duties of a member 's rank or grade that the member is not actually required to regularly perform in the position which the member occupies. Sample 1 Sample 2 Sample 3
• Employees must be technically qualified to perform the duties • In rare or emergency situations, duties which might not reasonably be related to an employee's position might have to be...
The term "other duties as assigned" as part of the position description is defined to mean, reasonably related duties to the job /position, and should be of the same level and classification that the individual is currently graded. This does not preclude the Employer from assigning additional duties.
Assignee: A person, company or entity who receives the transfer of property, title or rights from a contract. The assignee receives the transfer from the assignor. For example, an assignee may ...
Generally, major duties are those that occupy a significant portion of the employee's time and they should be only those duties currently assigned, observable, identified with the position's purpose and mission of the organization, and expected to continue on a regular and recurring basis.] Performs other duties as assigned.
A PD should identify the regular and recurring major duties and responsibilities assigned to a position. A PD does not describe in detail every possible activity performed by the employee in the position. DOI policy defines a PD as accurate if it represents at least 80% of the work of the position. ↑ Back to top 6.
duty assignment: 1 n a duty that you are assigned to perform (especially in the armed forces) Synonyms: assignment Types: show 10 types... hide 10 types... guard , guard duty , sentry duty , sentry go the duty of serving as a sentry fatigue , fatigue duty labor of a nonmilitary kind done by soldiers (cleaning or digging or draining or so on) ...
Assign is the act of transferring rights, property, or other benefits to another party (the assignee) from the party who holds such benefits under contract (the assignor). This concept is used in both contract and property law. Contract Law Under contract law, when one party assigns a contract, the assignment represents both: (1) an assignment of rights; and (2) a delegation of duties.
Assigned duties Crossword Clue. The Crossword Solver found 30 answers to "Assigned duties", 5 letters crossword clue. The Crossword Solver finds answers to classic crosswords and cryptic crossword puzzles. Enter the length or pattern for better results. Click the answer to find similar crossword clues . Enter a Crossword Clue. Sort by Length.
When it comes to creating job descriptions, adding "other duties as assigned" has become practically a no-brainer for many employers. After all, addressing every possible task that might arise...
Noun 1. duty assignment - a duty that you are assigned to perform (especially in the armed forces); "hazardous duty" assignment duty - work that you are obliged to perform for moral or legal reasons; "the duties of the job" guard duty, sentry duty, sentry go, guard - the duty of serving as a sentry; "he was on guard that night"
Definition: Official Duty Activities are those activities performed by an employee as part of, or an extension of, regular official responsibilities. This discussion refers to official duty activities with an outside organization.
Warning. Shared services are seldom deployed or managed as part of a single workload or by the workload team. When centralized teams provide shared service, the best practice is to begin with Azure landing zones in the Cloud Adoption Framework. Azure Landing Zones provide a conceptual architecture, reference implementations, and proven design processes to customize and implement the platform ...
Related to Duties Assigned. Duties as Sub-Adviser (a) Subject to the supervision and direction of the Trust's Board of Trustees (the "Board") and review by UBS Global Americas, and any written guidelines adopted by the Board or UBS Global Americas, the Sub-Adviser will provide a continuous investment program for the Portfolio or Segment, including investment research and discretionary ...
Assigned duties definition based on common meanings and most popular ways to define words related to assigned duties.
The Federal Housing Finance Agency (FHFA) is adopting as final, without change, a proposed rule that amends its Enterprise Duty to Serve Underserved Markets regulation to add a definition of "colonia census tract," to serve as a census tract-based proxy for a "colonia.". The final rule also amends the definition of "high-needs rural ...