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Our organization is going high-tech in a big way (because our industry has), and we have a number of people who can’t or won’t keep up with the changes. As a group, they are definitely the “older generation.” If they can’t be productive in our new mode, we’ll have to let them go, but a) […]
IBM has agreed to pay $65 million to settle a class action lawsuit charging the computer firm with misclassifying employees as exempt from overtime. In particular, the suit alleges, IBM incorrectly classified technical services professionals and information technology specialists as exempt, even though those positions don’t qualify for exemption under California or federal wage and […]
The U.S. Court of Appeals for the Seventh Circuit has rejected a lawsuit charging that IBM’s conversion to a cash-balance pension plan violated age discrimination prohibitions in the Employee Retirement Income Security Act (ERISA).
IBM will pay $320 million to current and former employees in partial settlement of a long-running class action lawsuit charging that the company’s conversion of its traditional pension plan to a cash-balance plan illegally discriminated against older workers. Under the settlement terms, IBM’s additional liability, which is under consideration by a federal judge, will be […]
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 […]
Over the last several years, many employers have converted their traditional pension plans to cash balance plans. But according to two recent federal court decisions, these cash balance arrangements may violate the Employee Retirement Income Security Act, (ERISA), the federal law regulating employee benefits.
We reported in April on a federal court decision from Kentucky involving IBM which held that under federal law, if you’re seriously considering changes to a retirement benefit plan, you must tell your employees. Now, in a pair of new cases, the federal Ninth Circuit Court of Appeal has reached the same conclusion, explaining that […]
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 […]