Month: March 2024

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DOJ Whistleblower Program

New Whistleblower Program administered by the DOJ.

Summary:

  • The DOJ has announced a new whistleblower program that offers financial rewards to those who report misconduct to the DOJ.
  • This program supplements existing reward programs administered by other institutions.
  • The program focuses on criminal abuses of the US financial system, breaches of the Foreign Corrupt Practices Act (FCPA) by private corporations, violations of the Foreign Extortion Prevention Act (FEPA) by foreign public officials, and domestic corruption.
  • The program is exclusive to cases not covered by existing whistleblower programs.
  • Whistleblowers must present original, truthful information that is non-public and unknown to the DOJ to be eligible for rewards.
  • The pilot program will be developed in the next three months, and a full roll-out is planned for later this year.
  • Companies need to examine whether they have sufficient internal reporting hotline systems to motivate employees to report potential misconduct.
  • It’s also essential for companies to maintain policies and procedures that protect whistleblowers from retaliation.
  • The program does not offer immunity to individuals participating in the misconduct they disclose.

The Department of Justice (DOJ) has announced a new whistleblower program that will offer financial rewards to those who report misconduct to the DOJ. This program will supplement existing reward programs administered by institutions such as the SEC, CFTC, IRS, and FinCEN.

The DOJ’s whistleblower program will focus on criminal abuses of the US financial system, breaches of the Foreign Corrupt Practices Act (FCPA) by private corporations, violations of the Foreign Extortion Prevention Act (FEPA) by foreign public officials, and domestic corruption. It’s important to note that the program is exclusive to cases not covered by existing whistleblower programs. Whistleblowers must present original, truthful information that is non-public and unknown to the DOJ to be eligible for rewards. Once the victims of the specified crime have been compensated, the whistleblowers will receive rewards.

The pilot program will be developed in the next three months, and a full roll-out is planned for later this year. We urge companies to examine whether they have sufficient internal reporting hotline systems to motivate employees to report potential misconduct. It’s also essential for companies to maintain policies and procedures that protect whistleblowers from retaliation and ensure prompt review and investigation of internal reports. Remember that this program does not offer immunity to individuals participating in the misconduct they disclose.

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Unmasking the Shadows: A Comprehensive Analysis of Pay Discrimination

2017-2018 Pay Dashboard shows wage discrimination remains issue.

Pay disparity between men and women is an ongoing issue that remains pertinent today. According to data available on the U.S. Equal Employment Opportunity Commission (EEOC) Pay Data Dashboard, the median pay for men remained higher than women for the years 2017 and 2018, a fact reflected in various industries and job categories.

The battle for equal pay for equal work has a long history. The first milestone in this journey was the Equal Pay Act of 1963, a landmark law that prohibited sex-based wage discrimination between men and women who perform jobs that need similar skills, effort, and responsibility under similar working conditions.

Subsequent laws such as the Civil Rights Act of 1964, specifically Title VII, further reinforced this protection, making it illegal to discriminate based on sex, race, color, national origin, and religion. The Lilly Ledbetter Fair Pay Act in 2009 further cemented the efforts for equal pay by allowing individuals who face pay discrimination to seek rectification in courts.

While these laws were all steps in the right direction, the pay data suggests that disparity still exists. However, it’s important to note that this doesn’t mean the laws have failed. Instead, it reflects the complexity of the issue which is deeply rooted in culture and society. It also shows the importance of continuous struggle and the necessity for monitoring and strict implementation of these laws.

For women facing wage discrimination, the Equal Pay Act provides a legal basis for claiming their rights. Women can file a complaint with the EEOC, or can also, under the provisions of the Lilly Ledbetter Act, sue their employers in court for pay discrimination. Therefore, laws guaranteeing equal pay for equal work have played, and continue to play, a pivotal role in the fight against pay disparity.

Ultimately, change takes time and effort. While the laws have facilitated some progress, they alone cannot completely eliminate the pay gap. It’s up to each of us to understand the issues, know our rights, and act towards achieving full equality.

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TikTok Race Discrimination, Hostile Work Environment and Wrongful Termination

TikTok employees alleging race discrimination, lawyers Helmer Friedman LLP Los Angeles CA.

Have you, or someone you know, experienced racial discrimination at TikTok? You’re not alone. Several former employees have claimed that they were victims of racial prejudice, being subjected to unfair treatment and a hostile work environment.

For instance, former workers Nnete Matima and Joël Carter have filed a federal lawsuit, alleging that they were treated less favorably than their white counterparts. They were allegedly referred to with insulting racial slurs such as “Black Snake”, and faced retaliation, culminating in unfair termination, when they raised this issue to human resources.

These instances are not just damaging to the morale of employees, but they are also illegal. It’s important to remember that TikTok, like all employers, claims to value diversity and has policies against racial discrimination and harassment. Yet, if the reality of your workplace tells a different story, please don’t be silent.

If you or someone you know have encountered similar experiences of racial discrimination, particularly involving unequal treatment, derogatory comments, or the encounter of a hostile work environment, it’s crucial to take the next step. Seek out the advisement of a reputable lawyer who specializes in race discrimination cases. Let’s ensure that your rights are protected and such instances are brought to light.

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Bako Pays $50,000 Pregnancy Discrimination and Retaliation

Pregnancy discrimination lawyers Beverly Hills Helmer Friedman LLP.

Pregnancy discrimination laws provide robust protection for employees, defending them against termination due to pregnancy-related complications. This legal safety net was highlighted in the recent case with Bakotic Pathology Associates, LLC (Bako), which was involved in a lawsuit over allegations of pregnancy discrimination and retaliation. The lawsuit, presented by the U.S. Equal Employment Opportunity Commission (EEOC), asserted that Bako unfairly treated an employee suffering from pregnancy-related ailments.

Bako terminated the employee during her authorized medical leave and while she was availing short-term disability benefits, following her reports of pregnancy discrimination. This alleged behavior contravenes Title VII of the Civil Rights Act of 1964 that explicitly forbids sex-based discrimination and retaliation for participation in protected activities.

As a result of the lawsuit, Bako agreed to a settlement involving a $50,000 payment and the implementation of remedies. Additionally, Bako is now obligated to provide its employees with specialized training on Title VII, share internal complaint procedures and Title VII policies with the workforce, and report any pregnancy discrimination complaints to the EEOC.

Specific situations that would constitute pregnancy discrimination and/or retaliation include:

  • An employer refusing to accommodate reasonable requests made for pregnancy-related conditions, especially when such accommodations are provided for other employees with different medical conditions.
  • Openly demoting, reducing the hours, or offering lower pay to an employee upon learning of her pregnancy, under the guise of unrelated performance issues.
  • Dismissal of a pregnant employee using the pretext of organizational restructuring, when in reality, the position remains open or is quickly filled by someone not pregnant.
  • Subjecting a pregnant employee to frequent, unwarranted disciplinary actions following the announcement of her pregnancy, suggesting a motive grounded in discrimination rather than actual performance issues.
  • Failing to reinstate an employee to her original or equivalent position after returning from maternity leave, which is guaranteed under certain conditions by the Family and Medical Leave Act (FMLA).
  • Retaliating against an employee for filing a complaint regarding pregnancy discrimination or for participating in an investigation about such allegations, often seen through sudden negative performance reviews or exclusion from meetings and company events.

For more information on pregnancy discrimination, visit the www.HelmerFriedman.com website or reach out through 1-310-396-7714 or info@HelmerFriedman.com. Ensure your rights are protected.