Who's been naughty and who's been nice in labor and employment law? Here are my picks for 2015. Feel free to add your own in the comments.

NAUGHTY!

The National Labor Relations Board, for being naughty in too many ways to mention. Its rules on employer handbook policies, including confidentiality and social media, are unrealistic and almost impossible for ...

Last week I heard David Lopez, General Counsel of the Equal Employment Opportunity Commission, speak about EEOC litigation developments at the annual North Carolina/South Carolina Labor and Employment Law conference.

The EEOC has been litigating like a house afire, so I knew you would want to hear what he had to say. Mr. Lopez - who reads this blog and likes it! - gave me permission to ...

We went to the U.S. Supreme Court, and all I got was this lousy $45K?

(Better than a lousy t-shirt, I guess.)

Law360 reports that, now that the U.S. Supreme Court has ruled in favor of the Equal Employment Opportunity Commission in the high-profile religious discrimination and accommodation case, Abercrombie has agreed to pay Samantha Elauf $25,670.53 in damages and $18,983.03 ...

This is a first. I don't think I've ever agreed with Antonin Scalia and Ruth Bader Ginsburg at the same time. What's the world coming to?

In a nutshell, the Supreme Court decision in EEOC v. Abercrombie means this: if an employment decision is motivated by religion - even if the employer does not actually know the religious need of the individual - then the employer may be liable ...

Religious accommodation, the Oscars, non-competes, social media, Brian Williams versus Bill O'Reilly, workplace violence, and inspirational employees -- we have it all today! Here are some links about recent news and court cases involving the workplace, followed by some points for discussion if you'd like to comment.

Supreme Court justices seem to side ...

Everybody knows that an employer should never, ever, ever ask an applicant about religion or disability until after a conditional offer of employment has been made. And maybe not even then. Right?

Right?

Well, mostly right. But, as a couple of EEOC lawsuits show, there may be times when you have to make an exception to this rule. (Otherwise, it would be too easy for employers to stay out of ...

Abercrombie & Fitch has won a huge victory in one of its Muslim hijab-accommodation cases -- but will the decision stand?

As you know, the Equal Employment Opportunity Commission has filed two lawsuits against Abercrombie in California -- both of which have now settled -- but there was another one in Oklahoma, and it may be the most interesting of them all.

The EEOC won summary judgment ...

Giddyap! It's been a short week, but we have tons to talk about in the labor and employment law world!

Thinking out loud about the impact of yesterday's DOMA decision on the Family and Medical Leave Act. The U.S. Court of Appeals for the First Circuit* held yesterday that Section 3 of the federal Defense of Marriage Act was unconstitutional. Section 3 provides that, for purposes of ...