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Joel Drotts Juris Doctorate

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The Employment

Industry

We created a comprehensive

ten point list of highly needed

reform of those laws and

regulations falling under the

jurisdiction of the United States

Labor Department and

Commerce Department by the

Legislature. These Federal

Labor Laws are in desperate

needed to repair, in order to fix

the very job market itself, and

purge those racketeers

dominating a crooked and

corrupt industry that is part

“slave-master,” part

“parasite,” highly exploitive,

harmful to the American

worker or job seeker, and

unfortunately growing in size,

influence, and power daily.

These ten changes must be

drafted and codified into law in

order to make merit based,

fair, and transparent the

process for future hires.

Furthermore, these ten

improvements are loosely

based on the recommended

selection process for the UN

Secretaries-General; as drafted

by Joel Drotts Juris Doctorate

The Problem with the Unemployment and Job

Placement Industry! Why many Americans remain unemployed. The

industry that stands in the way, and what to do

about it.

In my opinion recruiters, on-

line job boards like Monster,

Career Builder, Ladders,

Beyond, or any other of the

hundreds of companies out

there offering jobs to job

seekers are in need of serious

and heavy duty government

regulation. The fact of the

matter is that rather large parts

of the still high unemployment

numbers are directly caused

by the companies, recruiters,

and human capital or job

placement industry itself.

These companies, recruiters,

and the industry they populate

has set up a false

representative based system,

whereby the average job

seeker can no longer

compete to find work on an

ordinary basis.

The entire industry has

become an un-needed and

very harmful barrier between

job seekers and employers.

There are several ways

this horrible state of the

industry has come to pass.

However, in my opinion the

most un-ethical offense

regularly under-taken as an

industry practice, is the

practice of Human Resource

Professionals, Recruiters,

Job Board Companies, and

the like acting as "Gate

Keepers" who with-hold

The Strategic American An Honest Value Product By Joel Drotts Juris Doctorate Number Three

An industry that acts as a firewall to employment

for millions of American’s.

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Joel Drotts Juris Doctorate

2 | P a g e

valuable job opportunities and

open positions away from the

general public. In other words,

a monopolization of quality

jobs and employment

opportunities by the Human

Capital and Talent Placement

Industry, for the sheer and

only purpose of ensuring the

perpetuation and continuation

of the industry.

Every business model,

company, or business concept

in the "Human Capital"

industry is predicated and not

even possible to maintain,

without the industry racketeers

routinely undergoing the

practice of getting between

employers and job seekers,

and doing so under the guise

of being facilitators of the

employment process. For lack

of a better term, it is an

industry of middlemen whom

add little no value to the

market cycle. As executives

and upper management are

reporting in report after report

about their apparent inability

to find qualified, eager, and

unemployed talent for many

middle management, junior

executive, or other company

leadership positions, more and

more qualified individuals

who are seeking those empty

positions, but are becoming

disenfranchised and frustrated.

Why is that? What has

changed? The rise of a multi-

billion dollar firewall of self-

righteousness and greed

known as the job placement

industry.

At the same time the

Country is just beginning to

crawl up from the largest and

longest unemployment cycle

or down turn since the great

depression. However, the one

industry that grew is the job

placement industry. Still today

large amounts of people are

claiming to be out of work,

because they cannot find

employment. At the same time

an ever increasing amount of

employers are complaining

that they are unable to find

and hire qualified and capable

talent or employees. It seems

to me there is a disconnect, a

block or gate, which is

standing between employers

and those whom seek

employment.

While claiming to be a

value added proposition and

industry Human Capital

Placement companies have

diverted and interfered with

the centuries old employ

employer dynamic on a never

before seen scale. In HR,

Recruiter, and Human Capital

trade and industry websites,

newsletters, and blogs, the

industry itself boast about its

recent, rapid, and extensive

expansion in less than ten

years’ time. Moreover, these

same industry information

websites, whitepapers, and

newsletters, all seem to be in

awe of themselves, and the

industries knew found and un-

needed power and

technological growths.

Aside from being

unwarranted and harmful gate

keepers, many in the industry

have become or always were

lazy. They have allowed

computers and software

programs to do their thinking

for them, by allowing meta-

data searches, algorithms, and

other cutting edge software

technologies to decide who

will be recommended for open

positions and get hired. I am

sure this isn't news to many on

this website, as I am sure

many people who visit this

website are familiar with these

programs, software, and hiring

tactics. In fact, according to

the Human Capital Industries

"Best Practices," it is standard

procedure and application to

allow computer software

programs decide which

humans are qualified for most

(If not all) employment

opportunities. The practice of

allowing software and

computers to choose which

humans are qualified and

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Joel Drotts Juris Doctorate

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should be hired is actually a

large part of the growth and

expansion of an industry

which has arguably failed both

employers and would be

employees alike. It has

certainly failed me thus far,

and so I undertook an

investigation and personal

research project into why?

The aforementioned failing

and short-comings are only the

aspect of the industry which

stands in the middle of

employee and employers, for

no other reason than to

perpetuate the industries own

unwarranted growth and un-

needed existence as a whole.

Many industry HR insiders,

Human Capital Industry Firms,

and/or Job Placement

websites/job boards also have

and do make a fortune off

selling employment seekers

personal information to

marketers, on-line markets,

data collecting firms, and sales

lead development companies.

I am not sure how often your

clients complain about the

practice of many less ethical

companies out there and how

while seeking employment

and filling out on-line

applications somehow these

on-line schools always seem

to get an individual’s

information. After one day on

applying on line, the next day

one must tell at the very least

five to ten telemarketers and

e-mail marketers not to call or

e-mail them anymore and to

be removed from their various

lists.

Therefore, between the

job lead hoarding and hiding;

the interference and blocking

of communication and

information between qualified

and eager employees and

needful employers; a culture

of trying to create a false

pretense of being of high

value, instead of truly adding

value to the market and

customers; the sheer numbers

produced in report after report

stating unemployment is still

higher than it should be, while

at the same time all the data

shows employers are showing

increased job production and

employment opportunities yet

are unable to fill those

positions; and the fact that

when I undertake a study of a

subject (Especially one which

is directly impacting my life

on a daily basis) I am rarely if

ever wrong, I am going to

have to respectfully disagree

with the statement recruiters

are somehow needed.

Recruiters, the Human

Capital Industry, HR

Professionals, or whatever

people like to be called are

harmful to the unemployed, if

for no other reason than often

times they will secure job

positions and keep the

knowledge of open job

positions from the general

public in order to fill those

positions with people whom

are already employed. In so

doing, prove on a micro-level

how the industry as a whole

creates an un-natural and

unreal sense of competition in

the job market. This in turn

drives down salaries, creates

incentives for employers to

offer less in the way of

benefits, and has even created

an unrealistic culture and

practice of "Post-Graduate

Internships."

Post graduate

internships or externships is a

new and very exploitive

employment practice which

many less ethical companies

and firms have recently begun

implementing, whereby

companies and firms believing

in an artificially inflated

overabundance of qualified

manpower and job candidates

require employees to work for

free for several months. The

employees always have

already graduated from

college or even possess

graduate degrees, and are in

desperate need of paid

positions. However, unethical,

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Joel Drotts Juris Doctorate

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exploitive, and miserly

employers, firms, or

companies perpetuate the

exploitation and hardships a

person must undergo simply to

become employed, by stating

that if a non-student and post

graduate adult is willing to

take a non-paid "internship"

for generally a time period just

short of the legal limit allowed

before triggering Federal

Labor Laws requiring at least

minimum pay be conferred

then "possibly" the individual

will receive a paid position

with said firm. However, often

times the company or firm

simply dismisses the "intern,"

without legal recourse as they

were merely a "volunteer." At

which point the firm or

company simply convinces the

next individual desperate for

work, due to the

unemployment condition and

the aforementioned

employment hardships caused

by this industry; at least in part.

The Fix This Country

Needs!

The needed strategic

regulatory recommendations,

and suggested improvements

to Federal Labor and

Employment Law reform,

which will correct the current

broken, neglected, and corrupt

employment market industry.

These new best practices

developed by Joel Drotts Juris

Doctorate do represent a five

year undercover research

project undertaken by its

author. At no point were any

of the parties involved, studied,

or mentioned aware of the fact

that they were being

monitored, documented, and

researched by Joel Drotts Juris

Doctorate, for publication by

the Strategic American! The

recommendations for law and

best practices should be self-

explanatory. However, special

detail has been given where

the problems the current

system is causing may not be

quite as clear to the reader.

Alerting the general

public about open

positions!

1. The vacant position

and the required qualifications

to fill the vacant position shall

be immediately advertised on

all recruiters websites free of

charge, the website of the

company advertising the

position, as well as registered

with the new office of Federal

Employment Czar located

inside the Labor Department;

to be listed and advertised in

accordance to the minimum

necessary

stipulations/guidelines as

presented by the Federal

Government.

1(A). Furthermore, no open

position/information required

for any open position shall

ever be withheld from the

general public or with-held

from open accessibility for

inquiry. |It shall be made

illegal to hire or fill any

position not held open or

advertised for at least one day

with Office of Federal

Employment Czar.

1(B). These rules shall not

apply to any internal hires or

promotions with-in an

employer, when no new

position need be filled by any

worker from outside the

promoting or restructuring

employer company.

1(C). Should any position

become vacant and requires a

new hire that previously was

not employed by said

employer, than only the

resulting position(s) not filled

by internal promotion or

restructure need be advertised

and reported to the Federal

Employment Czar.

Fairness and reporting.

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Joel Drotts Juris Doctorate

5 | P a g e

2. A formal list of selection

criteria should be published

by the employer, any recruiter,

or on-line job board that

advertises the job. These

criteria should stress that the

best PERSON(S) shall be

chosen irrespective of his or

her country of origin, race, sex,

religion, or criminal history

beyond a period of two years

prior to the date of the

application for employment is

tendered to any employer.

Employers may not seek,

investigate, consider, or

require any employee

candidate disclose any

criminal violations

whatsoever that occurred

more than two years prior to

the date of the submission of

the application for

employment regardless of

situational circumstances,

unless present active

warrant/ongoing cases still

remain, or by other laws

regarding the hiring process

for positions involving

national security or defense.

Fairness is timetables

for employment.

3. A clear timetable for the

selection process shall be

made public by the

advertising employer, along

with all other required

information. It shall be

unlawful for anyone to block,

hide, refuse to disclose, fail to

disclose, keep secret, or fail to

report as mandated any

available position for

employment. A potential

employee must be notified of

a position closing/position

reopening/position

cancellation in a

predetermined timely manner

despite the employers

decision to hire or otherwise.

Public postings of said

positions shall be kept

accurate as mandated and

updated according Federal

stipulations.

Fairness of

transparency.

4. A list of all the official

candidates and their resumes

shall be published and

displayed on any website

where any position is offered

and held open to the public.

Furthermore, the employer

shall state publically which

employee or candidate was

selected for hire, and display

that employee resume along

with the resumes of those

candidates not chosen for a

time period of five business

days after the position has

been filled. This shall be done

to ensure accuracy of said

resumes as well as to boost

company morale and fairness

based on previously stated

mandated stipulations and

regulations of said position

listings.

Federal Employment

Czar

5. The Office Federal

Employment Czar, located

within the Department of

Labor shall be responsible for

the enforcement of these

regulations. Violation of these

regulations by employers

and/or job advertising

companies shall result in fines

not less than the dollar

amount of $1,000 for the first

violation, $5,000, for a second

violation, $10,000 for all other

repeat offenses, and possible

revocation of any violating

Employers business license.

The Federal Employment

Czar as well as any licensed

vacant job position advertiser

shall be responsible for

maintaining correct, accurate,

up to date, and actual job

vacancies, which shall be free

from falsehood and/or

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Joel Drotts Juris Doctorate

6 | P a g e

reporting positions already

filled, and may be mandated

to elect a department solely

for this purpose.

Reporting

6. Employers shall be

responsible to report when a

position has been filled to the

Federal Job Czar, as well as

posting the position filled on

the employers’ website. It is

the responsibility of any job

vacancy reporting and

advertising company to

ensure that the information

reported on their websites is

100% accurate and up to date.

Furthermore, any job

advertising company or

website shall have only a

twenty-four hour grace period

with which to update any

information posted on its

website regardless of whether

the 24 hour period falls on

business or non-business day.

Out of date, untrue, or fake

“enticement” positions posted

shall be considered violations

of law, and are subject to the

fines and schedules for the

amounts of those fines and

punishments as stated above.

Only postings that are

certified “Official” via

reputable job searches,

recruitment agencies, and/or

the company/business website

itself should be referenced or

reviewed for updated position

listings.

Fairness of Resumes

7. Each candidate shall draft

his/her own resumes. The

intentional hiring of any

professional source for

purpose of drafting any

resume shall be considered a

violation of law and will be

considered indisputable

grounds for disqualification of

said position regardless of

potential employee’s skills in

accordance to mandated

guidelines in order to

proficiently complete all said

duties of position, ability to

fulfill expected said tasks in

appropriate manors as posted

by guidelines) to posted

qualifications of said position.

Violations shall result in fines

of $100.00 for each plagiarized

or professionally created

resume successfully delivered

to an employer. Employers

shall state their policy

priorities and commitment to

selecting candidates on the

basis of merit alone,

irrespective of their country of

origin, race, sex, or religion.

Religious houses of worship

shall be exempt from this

regulation where religion is

the basis of the hire.

Fair reporting of hires

8. Once the names of all

candidates have been

accepted the employer or job

advertising company shall

publish to the Federal

Employment Czar, to the

public, and media copies of

the resumes of all the

employee candidates as well

as the resume of the selected

new employee hire for a

minimum of five business

days. However, no reason

need be given why any

candidate was selected over

any other candidate, as long

as the hiring company does

state and adhere to the

mandatory posted candidate

requirements, standards, and

criteria.

Fair selection by

computer programs and

systems

9. Employers shall not

utilize meta-data, algorithm

technologies, or point scoring

systems that discriminate in

any way based upon the

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Joel Drotts Juris Doctorate

7 | P a g e

location of the residence or

the postal zip-code of a

candidates stated residence.

Fairness of benefits for

temporary workers

10. Employers may not

utilize third party temporary

or permanent hiring practices

whereby an employee does

work for the third party on

paper and for tax purposes,

but is under the direct control

of another company. The

company that the employee

reports to daily, and whose

corporate officers and

management does have direct

control and dictates the times,

places, manner, and tasks of

the employee shall be

considered the employer of

the employee and shall keep

the employee on the

employers W2 list for

unemployment and work

related benefits. It is unlawful

to attempt to offer an unpaid

internship, or fail to pay at

least the industry standard

pay that an entry level

employee would earn.

These principles constitute

the central criteria on

which any future reform

proposals will be judged as

a benchmark for improving

the selection procedure.

Any job posting and job

advertising company shall

hereby mandatorily utilize

the following best practices

in the selection process for

employees:

● be focused on placing

the most qualified and best

possible candidate based

upon merit alone.

● hire employees in a

timely and structured manner

● utilize a formal selection

criteria and qualifications

● be designed to promote

gender equality and

grounded in best practice on

awarding the best candidate

for a position based upon

merit, skill, ability, talent, and

intelligence alone, giving no

consideration to sex, race,

religion, political views, or

regional location of residence.

● be transparent to the

public about hiring practices

and decisions.

● be transparent to the

general public, Federal

Employment Czar, and

media.

These principles constitute

the central criteria on

which any future reform

proposals will be judged as

a benchmark for improving

the selection procedure.

Based on these principles

we recommend ten reforms

which we believe are

realistic.

These should include:

1. A comprehensive

understanding of the

industry, business, and day to

day tasks of the position

2. The possession and display

of the highest qualities of

moral authority,

independence, and integrity.

The employees known

reputation for fair dealing,

honesty, or marketability to a

company.

3. A demonstrated level of

known skill or business

acumen.

4. A proven ability to

manage or be managed with-

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Joel Drotts Juris Doctorate

8 | P a g e

An Honest Value Educational Product

in an organization or

company.

5. Sophistication of

employee, problem-solving

skills, communication

abilities, and the ability to

learn new skills, systems,

processes, or abilities.

6. Employees possible

effectiveness in a position.

7. Proven and stated skills

and experience of the

employee.

8. A track record showing

willingness to work and

maintain employment of the

sort offered.

9. The results of any further

testing or requirements prior

to hiring.

10. Likability and ability of

employee to fit in and thrive

inside the organization or

company.

Joel Drotts

An Honest Value Product

www.workerwon.com

US Legislature

United States Opinion Makers

United States Public at Large