When does semantics save a company from breaking a law?

http://www.todaysworkplace.org/2012/12/18/walmart-tells-workers-who-ask-about-unions-that-benefits-and-vacation-might-go-away/

From the article:

Walmart staves off unionization attempts in its stores by telling workers who ask about forming a union that they may lose benefits and vacation time, a potential violation of American labor law

Such tactics may not be illegal by themselves because they can be seen as predicting outcomes rather than threatening them, The Nation’s Josh Eidelson reported today. But the implication of such a “prediction” — that joining a union could be followed by actions resembling retaliation — is quite clear.

Is implied threats the same as real threats ?

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