Tag: Practical Impact

Disciplinary Meetings: NLRB Revokes Nonunion Employees’ Right to Representation During Investigatory Interviews; Practical Impact

In 1975, the U.S. Supreme Court in the case of National Labor Relations Review Board (NLRB) v. Weingarten gave workers the right to bring a union representative to an investigatory interview conducted by the employer. Following that decision, the NLRB flip-flopped on whether nonunion workers also had these so-called “Weingarten rights”—specifically, whether they could have […]

Retaliation Claims: Court Says Employers Can Now Be Sued For Taking Action That Negatively Affects Co-Workers As Well As Complaining Employees

It’s not news to employers that it is illegal to retaliate against an employee who complains about discrimination or harassment. However, in a new decision, the Ninth Circuit Court of Appeals has expanded the range of what could be considered retaliatory. Employers can now be held liable not only for actions aimed at the complaining […]

Retirement Plans: You Could Be Sued If You Don’t Tell Workers About Changes You’re Considering But Haven’t Yet Adopted

When changing retirement plans, employers sometimes don’t notify employees until all the details are in place. But a new case makes it clear that if you don’t let workers in on your plans earlier, you could face an expensive lawsuit. Employer Enhances Early Retirement Benefits In a workforce reduction, IBM offered workers two early retirement […]