Job description for a small nonprofit role

A job description says what a role is for, what the person will do and what they need to bring. Write it before you advertise. It helps the board agree on the job, helps the right people apply, and later becomes the yardstick for the person's reviews. If this is your charity's first paid role, read hiring your first employee for the paperwork that comes with it, and paying people fairly for how to set pay the board can defend.

Exempt or non-exempt: decide before you post

Under the federal Fair Labor Standards Act (FLSA), covered employees must be paid at least the minimum wage, and overtime at no less than one and a half times their regular rate for hours over 40 in a workweek. The federal minimum wage is $7.25 an hour. Some employees are exempt, meaning those overtime rules don't apply to them. Everyone else is non-exempt.

The Department of Labor's Fact Sheet #17A is clear: "Job titles do not determine exempt status." Calling someone a "manager" or paying a salary isn't enough. For the common white-collar exemptions (executive, administrative and professional), all of these must be true:

• Salary basis. The person gets a set amount each pay period, weekly or less often, that isn't cut because of the quality or amount of their work (Fact Sheet #17G).
• Salary level. At least $684 a week, which the Department of Labor says is equivalent to a $35,568 annual salary. The federal regulation, 29 CFR 541.600, says that equals $2,964 a month when paid monthly. A 2024 rule that would have raised this level was vacated by a federal court in Texas on November 15, 2024. The Department of Labor has since put the $684 level back into the regulations (Federal Register document 2026-09839), so ignore older articles that quote $844 or $1,128 a week.
• Duties. The main duty fits one of the tests: for example, managing the organization or a department, while regularly directing at least two full-time employees (or the equivalent) and having real weight in hiring and firing; office work tied to running the organization, with real discretion and independent judgment on matters of significance; or work that needs advanced knowledge from a long course of specialized study.

Many small-charity roles, such as program assistant, office coordinator or outreach worker, don't meet those tests and are non-exempt. Pay them for every hour worked, keep time records, and pay overtime.

Don't assume a charity is outside the FLSA. Fact Sheet #14A explains that a nonprofit's ordinary commercial activities can be covered, and that an employee can be covered individually if their work involves interstate commerce, such as regular interstate phone calls or shipping materials to another state.

Equal-opportunity wording

The Equal Employment Opportunity Commission (EEOC) says it's illegal to publish a job ad that shows a preference for, or discourages, someone from applying because of a protected characteristic. Its example: asking for "recent college graduates" may discourage people over 40. The federal protected characteristics are race, color, religion, sex (including transgender status, sexual orientation and pregnancy), national origin, age (40 or older), disability and genetic information.

Which federal laws apply depends on your size. The EEOC says an employer with at least one employee is covered by the equal pay law; with 15 or more employees, by the laws against discrimination based on race, color, religion, sex, national origin, disability and genetic information; and with 20 or more, by the age discrimination law too. State and local laws may also apply and often reach smaller employers, so use fair wording whatever your size.

How to adapt it

• Describe the work, not the person. Write "able to lift 20 pounds" only if the job truly needs it, and "strong writing skills" rather than "native English speaker."
• Separate what's required from what's nice to have. Long "must have" lists put off good applicants.
• Say the pay range. Check whether your state or city requires it in job ads; even where it isn't required, it saves everyone time.
• Ask the board or a board member to review the final draft, and keep the approved version with your personnel records.