Compliance February 27, 2004

CA Public Permanent-Temp Workers Entitled to Benefits

February 27, 2004 (PLANSPONSOR.com) - Public workers in California hired and staffed through a staffing agency cannot be denied retirement benefits.
Reported by

>The California state Supreme Court upheld two lower courts’ decisions that the Metropolitan Water District of Southern California violated California law in not allowing the so-called permanent-temporary workers to receive benefits offered by the California Public Employees’ Retirement System (CalPERS).   The water agency maintained it could exclude workers paid through private companies, even if they would be employees under common law principles, according to an Associated Press report.

>The class-action suit, involving about 3,000 people, was filed in Superior Court in 1998 and contends that the workers were told they were coming on board for temporary jobs.   The suit also claims plaintiffs were actually permanent workers employed by the water agency, which entitled them to the same retirement benefits due to regular MWD employees.

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>In the high court’s ruling, the judges only considered whether the water agency is required under the Public Employees’ Retirement Law to enroll people considered Water District employees in CalPERS.   However, the plaintiffs also want a court order requiring the Water District to refer them to CalPERS for enrollment. They will then ask CalPERS to give them credit for their public service as employees of the Water District.

“The message goes to public employers in California and says that if someone is truly your employee … that you have to include them in the pension system,” said attorney Walter Cochran-Bond, who represents plaintiffs.

Benefits February 26, 2004

Creative Resume Writing Still Alive and Well

February 26, 2004 (PLANSPONSOR.com) - The art of "creative" resume writing is apparently alive and well in this still struggling job market.
Reported by

A Cleveland firm, which fact checks resumes for employers, said incorrect start and stop dates for a former job topped its list of “Top Ten Resume Lies. Rounding out the list of dubious distinction put together by Background Information Services was:

  • false and/or inflated salary history
  • inaccurate former positions or titles
  • exaggerated or false listing of responsibilities at former job
  • false reason(s) for leaving job
  • false education Level (GPA) or inaccurate graduation information
  • false Information pertaining to special licenses/certifications acquired
  • non-existent awards and/or recognitions
  • phony graduation certificate/diploma
  • unexplained gaps between jobs

“This fact-stretching exercise is harmless when it comes to forgetting what month you might have left a job, but becomes detrimental when that job, in fact, never existed in the first place,” said Background Information Services president Jason Morris.

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Based on results of Background Information Services fact-checking and industry data, more than half (56%) of resumes reviewed contain false or misleading data. More than a third (34%) lied about the applicant’s experience, education, and ability to perform essential functions on the job.

About one in 10 claimed credit for a college degree they didn’t earn, made up a past employer, or listed an old job that existed only in their imagination. About the same number misrepresented why they and an old boss parted ways.

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