Wednesday, November 1, 2017

Proposed New Worker Classifications and Guidelines to Department of Labor Entities Worldwide



The New Virtual Organization World
It's a New World, It's Virtual, and It's Organized







If I were to ask any Corporate Executive, Bureaucrat, Public Official, or Public Policy Executive anywhere in the world:: "How should we classify individuals, professionals or otherwise, who currently work or operate in The New Virtual Organization World?":: what do you think their answer would be?    

Guess what!  I am willing to bet every single penny I have ever accumulated throughout my entire lifetime that NONE OF THEM would have a clue as to what the hell I am talking about?

And why is that, you might say?  That's because::  unless you are one of my former virtual organization students or interns, or have previously taken the time to read a ton of materials I have published on the internet regarding The New Virtual Organization World::  you yourself who are currently reading this article do NOT have a clue about the definition of "The New Virtual Organization World" and what it's like to live there!   The most you can do is "Guess."

Therefore, let me give you a quick crash course by quickly pasting an excerpt from one of my previous articles.  After all, there is no need to try to reinvent the wheel!

About "The New Virtual Organization World"
What is The New Virtual Organization World?  

It's a new world made possible by 1) the invention of the Internet;  2) the invention of the World Wide Web in 1989 by Tim Berners-Lee at CERN in Geneva, Switzerland; 3) the invention of the first      graphicaleasy to use and install, and widely available "Mosaic browser" by  Marc Andreessen and fellow team members at NCSA (National Center for Supercomputing Applications at University of Illinois at Urbana–Champaign) released in September 1993;  4)  Bill Gates and Microsoft's revolutionary "License the Operating System" business model which made it affordable and possible for the masses to obtain a computer and gain access to the World Wide Web; 5) the founding of the Virtual Organization Management discipline in 1997; and, last but not least, 6) a never-ending stream of innovation in internet technology and all the other sciences from individuals and entities all over the globe that is widely made available all over the internet. 
(Without the Virtual Organization Management discipline,  The New Virtual Organization World cannot and does NOT exist.  The most you can wind up with is what today's general public is currently very familiar with:  Virtual Chaos.) 
The conflagration of all the preceding and recurring events and forces has set in motion invisible, powerful, invincible and unstoppable forces and entities which can be marshaled and organized on the Web (i.e., in a virtual environment).  Hence the reason for the name:   The New Virtual Organization World.    It's just another way of saying, "It's a New World, It's Virtual, and It's Organized."  
Now that I am done plagiarizing my own document, let us proceed.

Life Within Today's "Virtual Chaos" 

Within this world of Virtual Chaos lies a smorgasbord of workers who fall within one or more of the following worker classifications:   Telecommuter, Flexible Telecommuter, Remote Worker, Hybrid Remote Worker, Globally Distributed Team Member, Virtual Worker,  and Digital Freelancer.

Telecommuter.    Typically, the "telecommuter" term is applied to a regular brick and mortar  employee who is allowed by their employer to work from home on one (1) or more days (during the standard work week and hours).   This practice is primarily employed by organizations who seek to accommodate employees with unique and special needs and is NOT a company-wide policy. 

The length of this status is also subject to review based on changes in circumstances and other factors.   In other words, the telecommuter status is NOT set in stone and can be changed at any time by an immediate supervisor, hiring manager, head of a department-division-business unit, human resources, or even senior management - something which happens quite often in the corporate world as corporate human resources and senior management get the opportunity to grasp the complexity of the issues involved  as well as understand and experience first-hand the number of pitfalls associated with such arrangement. 

For example, upon becoming the new CEO of Yahoo, Marissa Mayer ordered all telecommuters to report back to corporate headquarters or other brick and mortar facilities for work - an edict which made a lot of their telecommuters very "unhappy campers."

The bottom line is this:  1) the employer is typically a physical presence ("brick-and-mortar") employer,  2) this status is very discretionary instead of a company-wide policy,   3) it is designed to accommodate "certain employees" with unique talents or special needs, and 4) it can be of limited duration. 

Flexible Telecommuter.    With respect to a "flexible telecommuter,"  this brick-and-mortar  employee is also allowed to work from home on one (1) or more days during the regular work week,  HOWEVER, the work to be performed by the employee need not be done within the "standard (8 am - 5 pm) work hours" during the "standard (Monday-Friday) work week" as long as the work gets done within the allotted standard 40 hours per week.  This sort of flexible work arrangement requires the approval of human resources and is codified as "standard practice" for a particular class of employees:  senior level personnel working independently and requiring very little direct supervision.

However, that being said, such privilege can be restricted upon showing of good cause by an immediate supervisor, hiring manager, or some level of human resources.   In other words, if you abuse that privilege, it can be taken away from you without affecting the rights of your colleagues. 

The bottom line is this:  1) the employer is typically a brick-and-mortar employer,  2) this status is codified as standard practice at a department, business unit,  or company-wide level, 3) it is designed for, or restricted to, a particular class of employees, and 4) this privilege can only be taken away or restricted upon showing of good cause by the powers that be.
       
Remote Worker.     Unlike a "telecommuter" or "flexible telecommuter," this employee does NOT have to "work from home" and only requires access to the internet in order to accomplish their  mission.  Theoretically speaking, this employee can work from anywhere in the world which provides reliable 24-hour high-speed internet access. 

As well, this worker's employer does NOT necessarily have to be a brick-and-mortar employer.  In all likelihood, this sort of employer has very little to nil brick and mortar presence.     Although a Remote Worker is paid a salary like any other employee, the length of their employment is based strictly on satisfying a number of Key Performance Indicators (KPI).  Performance which is based on timelines and deliverables.

And last but not least, this sort of status is a fundamental aspect of the position and NOT some sort of privilege which can be restricted or taken away by the powers-that-be.  There is no possibility or option to report to corporate headquarters or some other physical location.     A Remote Worker's employment terminates once they are unable to meet these key performance indicators.

Hybrid Remote Worker.   There is only one minor difference between a Remote Worker and Hybrid Remote Worker.   Unlike a Remote Worker, a Hybrid Remote Worker is required to report to corporate headquarters or other physical location at both some specified interval and on an ad hoc basis whenever circumstances so warrant.   Otherwise, all other aspects of employment remain the same.

Globally Distributed Team Member.    This employee  is a member of a globally distributed team of employees who collaborate with each other on either short- or long-term projects or on a permanent basis in a 100% virtual environment using employer-provided virtual collaboration tools.  These employees fall into any of the following categories:  Current Brick-And-Mortar Employee working onsite at a "brick-and-mortar" company location,  Telecommuter, Flexible Telecommuter, Remote Worker, Hybrid Remote Worker, and Virtual Worker.      
 
Virtual Worker.   A Virtual Worker is contracted by a Third-Party Organization ("TPO") to perform temporary services  for the TPO's client (it can be a virtual or brick-and-mortar employer) on either a short- or long-term basis in a strictly 100% virtual environment (i.e.,  strictly via the internet) using either the client or the TPO's  own collaboration tools.  (This TPO can be either a 100% virtual organization or some brick-and-mortar employer which offers virtual services to other organizations.)

The Virtual Worker is a temporary employee of the TPO (NOT the actual employer that he/she has been assigned to) and works strictly on an "On Demand-Subject to Availability" basis. 

Therefore, other than the fact that the work and services performed by the Virtual Worker is done in a strictly 100% virtual environment,  their status is really no different than that of a temporary employee  of a typical brick-and-mortar temporary staffing agency, working strictly on short-term or long-term temporary assignments, whenever and wherever available. 

Digital Freelancer.   A Digital Freelancer is an Independent Contractor, self-employed in every sense of the word and NOT an employee; pursues and takes on one or more assignments directly from a client without anyone else's assistance,  regardless of the length of each assignment and whether or not such freelancer depends on one major client as their primary source of income.
The simple fact is that most freelancers, digital or brick-and-mortar, do not have the luxury to employ others to assist them on a project and, from a practical standpoint,  may not want the burdens and legal responsibilities associated with the hiring of additional help and prefer to go it alone until the end of their assignment, engagement or project.  Thus requiring them to focus their energies on the one client providing the more lucrative assignments.  The net effect of which may cause them to wind up relying on one major client as their primary source of income (which may, in turn, jeopardize their "independent contractor" status and unduly expose their clients to the possibility of labor lawsuits and fines from local or federal labor regulatory agencies).     

A Digital Freelancer works strictly in a 100% virtual environment using either their own virtual collaboration tools or, when practical and as required, their clients' virtual collaboration tools.   Their fee can be hourly-based, lump-sum based, performance-based, incentive-based, gratis for pro-bono work, or any combination thereof.   The terms of engagement are specific, in writing and agreed to by both parties.


Today's Prognosis for Life in Virtual Chaos

So what's wrong with the above picture?  On the surface, everything seems to be fine, however, the deeper we dig into things, the more we realize (just as you may have already done so right now this very second) that things are not as simple as we thought they were.    Most people don't really know that there were that many classifications of people and employees working ONLINE.  Individually, some of us may know what the issues are with respect to one or more of these classifications due to real-life experience, however, when it comes to finding a solution, "it's every man for himself."  It's the Wild Wild West!

Why is that, you might say?   That's because these terms are used interchangeably.   No one really stops to think that there is a difference between a Telecommuter,  Flexible Telecommuter,   Remote Worker, Hybrid Remote Worker,  Globally Distributed Team Member, Virtual Worker, and Digital Freelancer.   As far as most people and employers are concerned, with the exception of Digital Freelancer,  they believe that the terms applied to these roles are all synonymous to each other and only a matter of semantic.

The New Players Who Bring ORDER Out of  This Virtual Chaos

Now that you know what life is like within today's Virtual Chaos world and who the players are, it's time to introduce you to a new breed of players who bring ORDER out of this Virtual Chaos and need to be accounted for.  These new players, collectively hereinafter referred to as "Virtual Organization Professionals," allow all of us to make the transition from Virtual Chaos to The New Virtual Organization World

Emergence of  "Virtual Organization Professionals":: This new breed of players consists of Virtual Organization Leadership Executives, Virtual Organization Leaders, Virtual Organization Collaborators, Virtual Organization Apprentices and Virtual Collaborators (collectively referred herein as "Virtual Organization Professionals").

What they all have in common is that they are either trained in the Virtual Organization Management discipline; have received the Virtual Organization Leadership Executive Training, Assessment and Certification and have been formally awarded the Virtual Organization Leadership Executive designation; are collaborating and receiving 100% experiential virtual organization training in a 100% virtual organization environment; or are merely collaborating in a 100% virtual organization environment.   

The common denominator being that they have all been exposed to the VIRTUAL ORGANIZATION environment instead of just a "virtual" environment.   No more Wild Wild West and every man for himself!

Emergence of Informal "Virtual Organization Employers"::    In turn, this new breed of  Virtual Organization Professionals has spawned the emergence of  informal Virtual Organization Employers:  employers who are not consciously aware of this status; and are just sitting there lingering in a state of limbo in the Deep Dark Void which exists between "The Brick and Mortar World" and "The New Virtual Organization World."  

Thus necessitating the need to assist these informal Virtual Organization Employers in making the transition from their current state of limbo in the Deep Dark Void to the official and formal status of "Virtual Organization Employer"  in The New Virtual Organization World.

Proposed New Employer Classification for The New Virtual Organization World

Official Grant of "Virtual Organization Employer" Status::   THEREFORE, All employers which have Virtual Organization Leadership Executive designation holders and other Virtual Organization Professionals on staff will be granted the official and formal status of "Virtual Organization Employer" by Virtual Organization Management Institute ("VOMI") and will also be formally recognized as such by their respective national, state, province or local Department of Labor entity.   

Proposed New Worker Classifications for The New Virtual Organization World

1.   Virtual Organization Leadership Executive 

This executive leads a team of Virtual Organization Leaders, Virtual Organization Collaborators, Virtual Organization Apprentices and Virtual Collaborators in a 100% virtual organization environment or leads and manage an entire virtual organization.
   
Minimum Requirements::  This employee classification is reserved to an Executive Level Virtual Organization Executive who has been awarded the official Virtual Organization Leadership  Executive designation  for  a minimum period of  2 years.  

Level of Interaction::  With respect to daily and recurring activities within the normal course of business, this employee does NOT interact with or report to fellow brick-and-mortar executives within their organization.

"Virtual Chaos" World Executive Equivalent:: For purposes of comparing this executive with colleagues operating within the Virtual Chaos world, this employee classification is a combination of a Remote Worker and a Globally Distributed Team Member in a Director/Vice President/C-Level Executive capacity who has been infused with formal Virtual Organization Leadership Executive training.

Minimum Annual Compensation (in $USD)::  The minimum annual compensation for this virtual organization executive is a LOW-TO-MID six-figure base salary (adjusted yearly for  inflation, effective base year 2017) plus performance-based cash bonuses  and other incentives,  and  other company benefits.
   
2.  Virtual Organization Leader

Although qualified to lead a team of fellow virtual organization executives, this executive operates more or less in a "lone wolf" capacity and exclusively within a 100% "virtual organization" (not "virtual") environment.

Minimum Requirements:: This employee classification is reserved to a Senior Level Virtual Organization Professional who has been awarded the official Virtual Organization Leadership  Executive designation  for a period of  less than 2 years.

Level of Interaction::  With respect to daily and recurring activities within the normal course of business, this employee does NOT interact with or directly report to fellow "brick-and-mortar" executives within their organization.  

"Virtual Chaos" World Executive Equivalent::    For purposes of comparing this executive with colleagues operating within the Virtual Chaos world, this employee classification is a combination of a Remote Worker and a Globally Distributed Team Member in a Senior Staff Level or Middle Level Management capacity who has been infused with formal Virtual Organization Leadership Executive training.

Minimum Annual Compensation (in $USD) for a "Virtual Organization Leader":: The minimum annual compensation for a Virtual Organization Leader is a LOW six-figure base salary in US dollars (adjusted yearly for inflation, effective base year 2017) plus performance-based cash bonuses and other incentives, if any, and any other company benefits.

3.   Virtual Organization Collaborator   

This employee is now formally enrolled by their current employer in the official Virtual Organization Leadership  Executive designation program (the "90-Day Training" program) at VOMI Virtual Organization Academy.

Minimum Requirements.  This employee classification is reserved strictly to Staff Level Business Development, Sales and Marketing Personnel who have successfully completed a minimum period of 90 days as a Virtual Organization Apprentice at a current Virtual Organization Employer formally recognized by Virtual Organization Management Institute, working under the direct supervision of a Virtual Organization Leader or Virtual Organization Leadership Executive in "Good Standing."


Level of Interaction:: During the 90-Day Training, this employee is expressly prohibited from engaging in any daily and recurring activities within the normal course of business at their current employer. 


"Virtual Chaos" World Employee Equivalent::   For purposes of comparing this employee with colleagues operating within the Virtual Chaos world, this employee classification is a combination of a Remote Worker and a Globally Distributed Team Member in a Staff Level capacity who has been selected to participate in a 90-day sabbatical at VOMI Virtual Organization Academy in order to undergo the formal Virtual Organization Leadership Executive training

Minimum Annual Compensation (in $USD) for a Virtual Organization Collaborator::  Current compensation package. No reduction in total compensation is allowed during the 90-Day Training.

Prevention of Employee Abuse and Exploitation::   In order to prevent the abuse and exploitation of this status by current and future employers, the length of the Virtual Organization Collaborator status has a definite duration of 90 consecutive calendar days (the exact length of the 90-Day Training at VOMI Virtual Organization Academy). 

Moreover, the Virtual Organization Collaborator status can be granted ONLY ONCE throughout the lifetime of any individual employee regardless of any current or previous employer relationships.

In other words, once an individual has worked as a Virtual Organization Collaborator at any Virtual Organization Employer in the world which is formally recognized by Virtual Organization Management Institute, a new employer is expressly prohibited from hiring or appointing such individual in this capacity.

4.   Virtual Organization Apprentice

This individual is a current participant in a virtual organization apprenticeship at a current Virtual Organization Employer subject to their respective personnel category shown below. 

Minimum Requirements for this Employee Classification.  This employee classification is reserved strictly to the following personnel categories:
1)   Entry, Junior and Staff Level Business Development, Sales and Marketing Personnel currently employed at a Virtual Organization Employer  formally recognized by Virtual Organization Management Institute ("VOMI"), and now participating in an apprenticeship program for a minimum period of  90 consecutive calendar days but, in any event, for no more than a total of 180 consecutive calendar days,  under the direct supervision of a Virtual Organization Leader or Virtual Organization Leadership Executive in "Good Standing."  
Minimum Annual Compensation ($USD) for Participating Entry, Junior and Staff Level Business Development, Sales and Marketing Personnel:: Current compensation package. No reduction in total compensation is allowed during the 90-180 day apprenticeship period. 
Virtual Organization Employer Restrictions:: Virtual Organization Employers as well as ALL OTHER EMPLOYERS are expressly prohibited from offering the Virtual Organization Apprentice opportunity, either directly or indirectly through any other means, to any external candidates for such Entry, Junior and Staff Level Business Development, Sales and Marketing position within their organization. 
THIS OPPORTUNITY CAN ONLY BE OFFERED TO EXISTING EMPLOYEES who are now working on a permanent, full-time, salary plus benefits basis. 
Automatic Eligibility for "Virtual Organization Collaborator" Position at Any Virtual Organization Employer::   Upon successful completion of the virtual organization apprenticeship, all category participants will automatically be eligible for consideration for the aforementioned Virtual Organization Collaborator position at either their current or any other Virtual Organization Employer. 
2)   Senior Level Sales Executives who are either currently unemployed or not gainfully employed (i.e., not working in their regular field of employment) and seek to make the transition to a 100% virtual organization environment at a Virtual Organization Employer formally recognized by Virtual Organization Management Institute.  During their employment, they must  work in a 100% virtual organization environment under the direct supervision of a Virtual Organization Leader or Virtual Organization Leadership Executive in  "Good Standing."  
No Travel to Any Brick-And-Mortar Location::    NO travel to a physical corporate location or any client location is permitted during the executive's term of employment. 
Sales Executives Must Meet FLSA's Definition of Outside Sales Employees::   These sales executives must currently meet the definition of  Outside Sales Employees under the FLSA  (Fair Labor Standards Act)  as of  October 25, 2017 ::  See Exemption for Outside Sales Employees Under the Fair Labor Standards Act (FLSA) :: 
Fixed-Term Employment with "Early Termination" and "Duty to Mitigate Damages" Clauses::   The term of employment is fixed for a period of 6 months (a total of 180 consecutive calendar days) and the employment contract must include an enforceable  Early Termination Clause which deals with "for cause" and "without cause" terminations.   In addition, the contract must include a clause which obligates the employee to mitigate damages upon early termination of employment. 
Commission-Only Compensation (in $USD) for All Sales Executives:: ALL sales executives MUST be paid strictly on a commission-only basis at a minimum rate of 10% of Net Sales for each individual sale. Net Sales is computed as follows: Total Sales less Refunds, Returns, Sales Allowances and Sales Discounts
However, the employer has the option to include a Base Salary with the commission in return for a lower commission rate instead of the required minimum 10% of Net Sales, subject to the sales executive's specific approval of the new rate in writing, however, in no event can the new rate be less than 5% of Net Sales. 
No Fixed-Term Employment Renewal or Extension::   The fixed-term employment contract cannot be renewed for an additional fixed-term of 180 consecutive calendar days nor can the fixed-term be extended beyond the original 180-day period.  
Employment Eligibility and Compensation Beyond Fixed-Term Employment of 180 Days::  Upon termination and successful conclusion of fixed-term employment, any subsequent employment (which immediately follows the apprenticeship) with either a current or any other Virtual Organization Employer must be based on position availability and upon mutual consent,  and such employment requires the execution of a new employment contract with one of the following characteristics:  (a) a long-term contract with a minimum 2-year term, (b) an indefinite-term contract,  (c) a written "employment-at-will" contract, or (d)  the  standard "employment-at-will" contract. 
Such new employment contract with the current or any other Virtual Organization Employer must include that employer's sponsorship of  the formal Virtual Organization Leadership Executive Training, Assessment and Certification and award of the Virtual Organization Leadership Executive official designation offered at VOMI Virtual Organization Academy.

As well, any future compensation package received by an executive from either a current or any other Virtual Organization Employer during their  lifetime MUST, at the very least, include the minimum annual base salary plus incentives and company benefits reserved for the aforementioned Virtual Organization Leader employee classification.  
"Virtual Chaos" World Employee Equivalent.   For purposes of comparing this employee with colleagues operating within the Virtual Chaos world, this employee classification is a combination of a  Remote Worker and a Globally Distributed Team Member in a Senior Level capacity who has been selected to participate in this apprenticeship in order to be introduced to the Virtual Organization Environment as well as to determine this individual's suitability for life as a potential Virtual Organization Leader or Virtual Organization Leadership Executive.   
Letter of Completion for Each Virtual Organization Apprentice.   Each participant who has successfully completed their virtual organization apprenticeship must be awarded by their Virtual Organization Employer on their final day of apprenticeship a formal Virtual Organization Apprentice Letter of Completion.   Such letter requires the signature of the supervising Virtual Organization Leader or Virtual Organization Leadership Executive in "Good Standing" at such employer.  

Prevention of Employee Abuse and Exploitation.     In order to prevent the abuse and exploitation of the Virtual Organization Apprentice status by current and future employers, the Virtual Organization Apprentice status can be granted ONLY ONCE throughout the lifetime of any individual employee regardless of any current or previous employer relationships. 

In other words, once an individual has worked as a Virtual Organization Apprentice at any Virtual Organization Employer in the world which is formally recognized by Virtual Organization Management Institute, a new employer is expressly forbidden from hiring such individual in this capacity.

5.   Virtual Collaborator

This individual is merely exposed to a virtual organization (not just "virtual") environment while collaborating in a 100% virtual organization environment with Virtual Organization Executives at Virtual Organization Employers who are formally recognized by Virtual Organization Management Institute.

Minimum Requirements.  This classification is reserved to NON-EMPLOYEES only.  This list includes ordinary individuals with no specific organization affiliation, interns, postdoctoral research or training fellows, independent contractors, business partners, consortium members, board members,  volunteers and non-employee think tank executives who seek to collaborate with Virtual Organization Employers.

Term of Collaboration.   Collaboration is based on the at-will doctrine and as mutually agreed upon in writing by the respective parties. 
  
Minimum Compensation for Virtual Collaborators.    As mutually agreed upon in writing by the respective parties in their collaboration agreement. 

Proposed Universal Requirements for Both New Employer and New Worker Classifications

Virtual Organization Leadership Executive Award Requirements::   Each executive must undergo and successfully complete a full  90-Day Training (at VOMI Virtual Organization Academy) prior to being awarded both the Virtual Organization Leadership Executive Training, Assessment and Certification and the Virtual Organization Leadership Executive official designation. 

(Please note that the formal "Virtual Organization Leadership Executive" designation will be granted only upon "successful completion" of the program and NOT for merely "attending and participating" in the 90-Day Training program.)  

Such training will be provided by VOMI Virtual Organization Academy in partnership with Virtual Organization Management Institute ("VOMI")  on a 100% experiential basis and, therefore, each executive must be available to participate in the program on a full-time basis during the regular work week (Monday-Friday) and within the standard working hours (8 AM - 5 PM) during the entire 90-day calendar period.

Definition of 90-Day Training::  Training MUST be conducted over a  period of 90 consecutive calendar days.    

Employee Sponsorship Requirements for Current Employers::    Who is a Current Employer?   Any employer or organization which seeks to enroll their current employees or members in the 90-Day Training program.

The employee sponsorship requirements are as follows:
1) Cost of the 90-Day Training::   A Current Employer must incur the full cost of the 90-Day Training (90 consecutive calendar days only)
2)  Compensation to Executive During Training Paid by Current Employer::   There should be absolutely no change to a current employee's compensation during the 90-Day Training period. 
3) Work Assignment by Employer of Currently Employed Executive During  Training::  Current Employers are expressly prohibited from assigning any corporate work to a participating executive during the entire  90-Day Training period.   As well, they are required to ensure that each training participant refrains from participating in any corporate work activities during the 90-Day Training period. 
Candidate Sponsorship Requirements for Prospective Employers::   Who is a Prospective Employer?  Any employer or organization which makes a "formal tentative offer" to an external candidate for a specific  virtual organization leadership position within their organization.  Such tentative offer is contingent upon the candidate's successful completion of the 90-Day Training program.

The candidate sponsorship requirements are as follows: 
1)  Cost of the 90-Day Training::   A Prospective employer must incur the full cost of the 90-Day Training (consecutive calendar days only).

2)  Compensation to Executive During Training Paid by Prospective Employer::   A prospective employer is NOT required to provide any form of compensation during the training of  a "prospective employee" who is under consideration for a full-time or part-time virtual organization position and has been selected to undergo the 90-Day Training. However, such "prospective employee" must have received from their prospective employer a "formal tentative offer" for a specific virtual organization position contingent upon the successful completion of the 90-Day Training program. 
The prospective employer may, however, include in such conditional offer of employment (the "formal tentative offer")Lump-Sum Cash Performance Award or Sign-On Bonus to a "prospective employee" who has successfully completed the 90-Day Training program. 
(VOMI highly recommends this form of financial inducement to "prospective employees" who are either Currently Unemployed or Working Part-Time and thus may want some sort of psychological assurance (not guarantee) that the prospective employer is truly intent on hiring the candidate upon successful completion of the 90-Day Training program prior to either suspending their search for a full-time position or taking a temporary leave of absence from their current part-time position.) 
3)  Work Assignment by Prospective Employer of Executive Candidate During  Training::  Prospective Employers are expressly prohibited from assigning any corporate work to, or from engaging in any form of communication with, the prospective employee during the entire  90-Day Training period.   As well, they are required to formally notify each prospective employee of this "corporate work and communication prohibition" during the entire 90-Day Training period and must ensure that all training program participants remain in full compliance with this directive.  
Requirements of Prospective Employees Currently Unemployed or Working Part-Time::  Executives    who are being sponsored by a Prospective Employer and are currently unemployed or working on a part-time basis are required to produce to VOMI Virtual Organization Academy proof of prospective employment (the "formal tentative offer" of employment from the prospective employer which is contingent upon the completion of the 90-Day Training program).   Otherwise, they are expressly prohibited from participating in the 90-Day Training program.

Requirements of Prospective Employees Currently Gainfully-Employed on a Full-Time Basis::  With  respect to other Executives who are being sponsored by a Prospective Employer, but who are currently gainfully-employed by their current employer (i.e., working in their regular field of employment on a full-time basis), they are required to produce to VOMI Virtual Organization Academy proof of prospective employment (the "formal tentative offer" of employment from the prospective employer which is contingent upon the completion of the 90-Day Training program):: as well as proof of a "formal leave of absence or sabbatical"  from their current employer (NOT the prospective employer) which reflects a time period that covers the entire projected 90-Day Training program.  Otherwise, they are expressly prohibited from participating in the 90-Day Training program.

Requirements of ALL Prospective Employees Regardless of Employment Status::   Furthermore, ALL Prospective Employees, regardless of their current employment status,  are required to certify to VOMI Virtual Organization Academy that their participation in the 90-Day Training program will NOT cause them any undue hardship(s) or exacerbate any existing financial hardships.   Otherwise, they are expressly prohibited from participating in the 90-Day Training program.
      
Requirements of All Other "Virtual Organization Leadership Executive" Applicants:: Individuals who are NOT being sponsored by an Employer or any other organization are expressly prohibited from participating in the 90-Day Training program. 

Global Equitable Compensation for All Virtual Organization Professionals::  All compensation to Virtual Organization Professionals must be paid on the basis of the work being performed, the sales amount and/or value of the services provided, and the ability of the executive regardless of the physical location of the executive.  

THEREFORE, with respect to all Virtual Organization Professionals who are classified as "employees,"  the base annual compensation package must be the same for each executive performing similar services anywhere in the world.
For example,  IF Company X offers a "Virtual Organization Leader" in the US an annual compensation package which consists of  an annual base salary of $100,000 (one hundred thousand US dollars) and a 1% cash performance bonus for sales in excess of a minimum monthly sales quota of USD $1 million AND  a "Virtual Organization Executive"  in Thailand has to meet the same performance requirementsTHEN  the compensation package for the executive in Thailand MUST equal that of the executive in the US in US currency.    It does not, and should not,  matter  whether the cost of living in Thailand is substantially lower than that of the US.
With respect to Virtual Collaborators which, by definition, are NOT considered to be "employees," the terms of collaboration MUST also be based on this basic Global Equitable Compensation concept.  

Obligation of Virtual Organization Employer to Remain in Good Standing::   In order to retain the formal "Virtual Organization Employer" status, such employer must at all times remain in "Good Standing."   In order to remain in "Good Standing," such Virtual Organization Employer must comply with all the requirements for hiring and compensating Virtual Organization Professionals as well as ensure that ALL Virtual Organization Professionals within their organization are operating in full compliance with the standards of the formal virtual organization training they have received from Virtual Organization Management Institute ("VOMI") and VOMI Virtual Organization Academy. 

Moreover, such employer MUST make every effort and take every possible precaution to insure that it does not impose on any Virtual Organization Professionals they normally interact with during the regular course of business, any burdens and requirements which would be contrary to the training and related obligations of Virtual Organization Leadership Executives and other Virtual Organization Professionals. 

Employers who fail to meet such requirements will be stripped of their official "Virtual Organization Employer" status by both VOMI and their respective national, state, province or local Department of Labor entity.
      
Obligation of "Virtual Organization Leadership Executive" Designates to Remain in Good Standing::    In order for a Virtual Organization Leadership Executive to remain in "Good Standing" and fully maintain the official and formal Virtual Organization Leadership Executive designation granted by VOMI Virtual Organization Academy, all such designation holders must certify online on a yearly anniversary basis that they are operating in full compliance with the standards of the formal Virtual Organization Leadership Executive Training, Assessment and Certification training they received.

Obligation of Virtual Organization Employer to Report Change in a Virtual Organization Leadership Executive's Good Standing::   All Virtual Organization Employers are required to report online in real-time and on a strictly confidential basis whenever a "Virtual Organization Leadership Executive" designation holder engages in activities which have a negative effect on either party's ability to remain in "Good Standing."

Obligation of Virtual Organization Leadership Executive to Report Change in a Virtual Organization Employer's  Good Standing::   All Virtual Organization Leadership Executive designation holders are required to report online in real-time and on a strictly confidential basis whenever their existing employer fosters on them a change in work climate  and mandates which has a negative effect on either party's ability to remain in "Good Standing."   

Benefits of Being in Good Standing for Virtual Organization Employers::   ALL Virtual Organization Employers who are-and remain-in "Good Standing" are FULLY EXEMPT from all provisions of their respective country's Federal, State, Province and Local FLSA-related (Federal Labor Standards Act-related) statutes only with respect to these SPECIFIC Virtual Organization Leadership Executives and other Virtual Organization Professionals since their mission:: to be the Tip of the Spear with respect to helping to usher their organization into The New Virtual Organization World era:: will invariably be at odds with the interests and practices of their fellow "brick-and-mortar" and "virtual" colleagues. As well, since the protocols for operating and thriving in a "virtual organization" environment are, in most cases, different than those of their "brick-and-mortar" and "virtual" environment counterparts.

As well, all such employers will be indemnified by all such Virtual Organization Professionals from any potential causes of action and be FULLY IMMUNE from any current or future personnel lawsuits which may be initiated directly by, or through any third party on behalf of, these executives for any and all alleged damages inflicted on, or suffered by, these executives during and/or after their term of employment or association with such Virtual Organization Employer.

Benefits of Being in Good Standing for Virtual Organization Leadership Executives::   ALL Virtual Organization Leadership Executive designation holders who are-and remain-in "Good Standing" are FULLY EXEMPT from all burdensome requirements and provisions of their respective country's Federal, State and Local FLSA-related (Federal Labor Standards Act-related) statutes since the latter will invariably be at odds with the training, mandates and related obligations of Virtual Organization Leadership Executives. 

Moreover, all such executives will be indemnified by their employer from any causes of action and be fully immune from any current or future lawsuits which may be initiated directly by, or through any third party on behalf of, these employers for any and all alleged damages inflicted on, or suffered by, these employers during and/or after an executive's term of employment.

Benefits of Being in Good Standing for All Other Virtual Organization Professionals::  ALL other Virtual Organization Professionals who are-and remain-in "Good Standing" are FULLY EXEMPT from all burdensome requirements and provisions of their respective country's Federal, State and Local FLSA-related (Federal Labor Standards Act-related) statutes since the latter will invariably be at odds with the training, mandates and related obligations of Virtual Organization Professionals. 

Moreover, all such executives will be indemnified by their respective Virtual Organization Employer(s) from any causes of action and be fully immune from any current or future lawsuits which may be initiated directly by, or through any third party on behalf of, these employers for any and all alleged damages inflicted on, or suffered by, these employers during and/or after an executive's term of employment or association with such Virtual Organization Employer.

In Conclusion

As we can all agree,  the employment landscape and workspace for both employers and employees, as well as for all independent contractors and consultants,  has changed dramatically over the past 24+ years and it is high time (in fact, long overdue)  that ALL Federal, State, Province and Local Labor Regulatory Agencies from all over the globe make a serious effort at tackling the complex local and global regulatory challenges brought about by such new developments. 

Therefore, instead of trying to "square the circle," or "trying to fit a square peg in a round hole"   as today's Department of Labor entities around the globe are attempting to do as they try to cope with these new challenges,   these proposed new employer and worker classifications and guidelines represent not only a breath of fresh air and welcome relief  but also an innovative solution and answer to the complex question on how to move forward in this new, challenging and exciting global environment as we all march toward The New Virtual Organization WorldIt's a New World, It's Virtual, and It's Organized.    

Champion the need for a Virtual Organization Leadership Executive .... in your organization and .....

Let US Manifest!











About Author:   Pierre Coupet, CEO & Q of Virtual Organization Management is the founder of Virtual Organization Management Institute (VOMI), VOMI Virtual Organization AcademyVOMI Global Think Tankand Virtual Organization Recruiter:: founder of the modern virtual organization management and virtual organization recruitment disciplines pioneered since 1997:: founder of League of Extraordinary Virtual Organization Executives:: and Architect of THE NEW VIRTUAL ORGANIZATION WORLD Collection. Contact directly at chairman@virtualorganizationinstitute.com; or via CHAT.

Stock Photo: courtesy of Pixabay and Unsplash


Copyright 2007-2017.  Pierre Coupet.  VOMI. Virtual Organization Management Institute. VOMI Virtual Organization Academy.  Virtual Organization Recruiter. VOMI Global Think Tank.  All rights reserved.  Cannot be  reproduced without permission.


Wednesday, September 6, 2017

Proposed Global Cryptocurrency Policies to SEC-Type Entities Worldwide


The New Virtual Organization World
It's a New World, It's Virtual, and It's Organized





Proposed Global Cryptocurrency Policies to SEC-type Entities Worldwide
by Pierre Coupet

Pierre Coupet
Initially, I intended to use the word "Regulations" instead of "Policies" in the title of this article.   However, if there is a word I dread more than anything else in the human vocabulary, "regulations" tops the list.  

Why is that, you might say?   That's because the word itself implies that there is a coterie of very enlightened people who believe that adult human beings are nothing more than overgrown children and morons who need to be told, compelled--and taught how--to do what's good for them in the form of REGULATIONS, regardless as to whether or not they share the same sentiment.   And that some form of children punishment (e.g., go to your room, forfeiture of cash allowance,  being browbeaten, some yelling and screaming and other threatening behavior, inability to go out and socialize with friends, corporal punishment, participation in some Scared Straight program, get kicked out the house, or handover to law enforcement authorities to experience the beauty, excitement and wonders of juvenile hall, etc.) will be meted out to them in the event they fail to comply with such regulations.

As we all know, without preaching to the choir,  that's the way all adult human beings on this planet are treated and, the worst part of it all is that, we tend to go along with that sort of parochialism and form of childish treatment and disrespect out of fear of the consequences (which can be very deadly).

I know some of you are probably wondering, "What the hell does that have to do with cryptocurrency?"   Well, a hell of a lot! So read on.


A Constant Chorus for the Need to Regulate ICOs and the Issuance of Cryptocurrencies


Lately, there has been the following constant chorus by a bunch of Neanderthal regulators from various local, state and federal regulatory agencies worldwide (U.S. Securities and Exchange Commission-type of agencies from around the globe):
"Initial Coin Offerings (ICOs) need to be regulated by relevant government authorities and regulatory agencies in order 'to protect' the general public and regular investors from scammers, fraudulent marketing practices, lack of transparency by ICO providers, etc."    
To further justify this need for regulations,  these regulators start the "piling on" process with the following statements:

1)  Furthermore, there is a "strong" possibility that these ICOs may be in violation of existing laws on the  books pertaining to the issuance of financial securities in the marketplace.   2)   The current method of generation, purchase, issuance, use and redemption of these coins could also be illegal under any of the following regulations:   Currency and Financial Transactions Reporting Act of 1970 as amended and now known as the Bank Secrecy Act (BSA),    Foreign Account Tax Compliance Act (FATCA), as well as a number of  other FinCEN-related (Financial Crimes Enforcement Network) regulations.   3)  And in the event that these ICOs and cryptocurrencies are NOT currently violating any existing laws, nonetheless the existing environment under which they are now operating is a breeding ground for hard core criminals engaged in murder, drug trafficking, human trafficking, sex trafficking, child trafficking, prostitution, etc.; money launderers, tax evaders, terrorist financing, and other perpetrators of financial crimes;  black market organ trafficking rings, sanctions-busting individuals and organizations; and terrorists and weapons traffickers, etc.  4) And last but not least::  as evidenced by the recent People's Bank of China (China's Central Bank) declaration on September 4, 2017 that ALL ICOs are illegal and that any proceeds received from such ICOs must be refunded to the investors::  many other governments, financial institutions, investment banking and venture capital firms view these ICOs as a threat to the hegemony of the current financial system.    
Therefore, from the government's standpoint, the bottom line is this:  Whether or not the general public  wants the government's help and protection (these poor, dumb, gullible souls who can't make a reasoned and intelligent financial decision on their own, thus needing help from the government) nonetheless it is going to provide it to them anyway in the form of new regulations for all the other aforementioned reasons.

Proposed Global Cryptocurrency Policies

In connection thereof, I propose the following Global Cryptocurrency Policies to ALL government regulators worldwide in order to provide a happy medium which will satisfy ALL parties:

Policy #1.   The current ICO process will continue unfettered for the next 10 years for ALL ICO organizations which abide by Policies #2-9,  to wit without the need for any official government regulations and related civil and criminal penalties.

Policy #2.   All ICO proceeds (token, cryptocoin, cash, or precious metals such as gold, silver, platinum, etc.) received from any individual or institutional investor ARE FULLY REFUNDABLE by the ICO organization within a one full year period from the date of receipt.

Policy #3.   All investor requests for electronic refunds from the ICO organization, which fall within the one full year period from the date of receipt of ICO proceeds,  must be initiated immediately by the ICO organization without delay in any way, shape or form and with NO QUESTIONS ASKED or excuses given.  Such refund must be made through the original source of funds receipt without having the need to use delaying tactics such as confirmation of investor's identity via snail mail or any other inconvenient medium designed to create an obstacle or impediment to expediting such investor's request for refund in a timely manner; and, in any event,  within no more than 72 (seventy-two)  business hours from the original date and time of such refund request.   Non-electronic refunds of physical assets must be made within no more than 10 (ten) days for domestic requests and within no more than 30 (thirty) days for international requests.

Policy #4.   Such ICO proceeds MUST be held for an entire year from the date of receipt into one or more of the following ESCROW ACCOUNTS:   1) With respect to all CASH proceeds received, an ICO CASH ESCROW account must be established at a publicly designated bank that is clearly listed and in plain view on the Home Page of the ICO website as well as in all other ICO offering materials.   2) With respect to ALL proceeds received in the form of cryptocurrencies, (e.g., bitcoin, bitcoin cash, ethereum, ethereum classic,  etc.) in return for the issuance of such ICO tokens and cryptocoins,   these cryptocurrencies must be held into an ICO CRYPTOCURRENCY ESCROW WALLET whose public key must also be clearly listed and in plain view on the Home Page of the ICO website as well as in all other ICO offering materials.  3)  With respect to ALL other "Fair Market Value Consideration" proceeds received in the form of physical assets (e.g., gold, silver, platinum, etc.) A PHYSICAL ASSET ICO ESCROW account must be established for such physical assets and be clearly listed in plain view on the Home Page of the ICO website as well as in all other ICO offering materials.

Policy #5.   Each investor's cash funds or other proceeds cannot be withdrawn from the ESCROW account prior to the end of the one full year anniversary period.  For example, if an investor makes an ICO contribution on January 12, 2018,  such funds or other fair market value consideration cannot be withdrawn by the ICO organization from such designated escrow account(s) prior to January 12, 2019.     Barring the occurrence of a force majeure event and its immediate notification to such ICO investor; and a genuine attempt by the ICO organization to restore the original pre-force majeure condition; no exception is permitted under any other circumstances.  

Policy #6.    Each ICO website must include ALL original materials pertaining to an ICO and such website MUST remain open, regardless as to whether or not the ICO organization is still in business,  for at least 15 months after the receipt date of the final contribution from the very last individual or institutional investor.

Policy #7.   In order to insure that ALL parties are fairly treated and protected, each purchase or acquisition of tokens or coins made by an investor for either cash or other value consideration during an ICO is subject to a one full year holding period and cannot be transacted in any way, shape or form by the investor.   The willful and intentional disregard of this policy provision WILL AUTOMATICALLY VOID  THE ONE FULL YEAR REFUND GUARANTEE for only the specific transaction in question.   

For example, if you, the investor, engaged in a total of 12 separate ICO transactions throughout an ICO period, and one or more of the tokens or cryptocurrencies received during ONE specific purchase transaction are used for some other transaction with the ICO organization or any other third party within the one full year window period, then that entire specific purchase transaction will lose the ONE FULL YEAR REFUND GUARANTEE.  THE ONE FULL YEAR REFUND GUARANTEE for the other 11 separate transactions will remain in place.  

Policy #8.   This entire list of policies must be posted at all times in plain view on the ICO website as well as in ALL other ICO-related materials.

Policy #9.   Each ICO organization MUST ensure that each individual or institutional investor acknowledges that he/she (or legal representative) has read and fully understands ALL of these policies prior to participating in an ICO.  

Policy #10.  Each ICO organization who fully, willingly, willfully and diligently complies with Policies #1-9 will automatically be FULLY IMMUNE to any and all future legal challenges or causes of action for prosecution by any Local, State or Federal government entity anywhere in the world which may be brought on behalf of the public or any investor(s),  or directly by any individual or institutional investor.   As well, such ICO organization will automatically be FULLY EXEMPT from the provisions of any future local, state or federal industry-wide regulations which govern the practice of ICOs and issuance of cryptocurrencies.

Policy #11.  Should an ICO organization fail to fully observe the letter and intent of Policies #1-9  throughout any period of its existence,  it will automatically lose its FULL IMMUNITY and FULLY EXEMPT status afforded by Policy #10.   At which point, any individual or institutional investor who feels aggrieved by such ICO organization will be free to pursue any course of legal action in order obtain whatever legal remedies are afforded by their respective country's justice system or any existing laws on their books.

In a Nutshell

In a nutshell, what the government is saying with these very simple and common sense policies is this:

"Hey look, if you are one of the good guys, we will stand watch over you and stay the hell out the way, observe how this all pans out, and hopefully learn a great deal from it.    As long as you keep your nose clean and deal with others in good faith, you have nothing at all to worry about during the next 10 years. 

"As for all these Neanderthals out there in the current financial system who feel threatened by your burgeoning presence - The Status Quo -  and would love nothing more than for the government to intervene and do what we normally do best, come up with a laundry list of bullshit excuses (terrorist financing, tax evasion, money launderers, etc.)  in order to stick our noses in everybody's business and stay in control, we are going to spare you this horrible nightmare and let you go unimpeded in your efforts.   In fact, we are rooting for your success!

"But if you are one of the bad guys,  those of you who see this brand new and exciting development as just another way to come up with a new qet-rich-quick scheme and simply another way to make false and empty promises to others (generate a lot of vaporware) in order to rip them off, then the policies we've put in place will quickly deter you from doing so.     Your defrauded investors will come after you like bolts of thunder and a sea of raging fire (it sounds like I am channeling Donald Trump and Kim Jong-un)  and, with the government on their side,  you will have no place to hide."

Let US Manifest!












About Author:   Pierre Coupet, CEO & Q of Virtual Organization Management is the founder of Virtual Organization Management Institute (VOMI), VOMI Virtual Organization AcademyVOMI Global Think Tankand Virtual Organization Recruiter:: founder of the modern virtual organization management and virtual organization recruitment disciplines pioneered since 1997:: founder of League of Extraordinary Virtual Organization Executives:: and Architect of THE NEW VIRTUAL ORGANIZATION WORLD Collection. Contact directly at chairman@virtualorganizationinstitute.com; or via CHAT.

Stock Photo: courtesy of Pixabay and Unsplash


Copyright 2007-2017.  Pierre Coupet.  VOMI. Virtual Organization Management Institute. VOMI Virtual Organization Academy.  Virtual Organization Recruiter. VOMI Global Think Tank.  All rights reserved.  Cannot be  reproduced without permission.