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The Nebraska Department of Health & Human Services is suing for the right to enforce an employee dress code.
CEO Dannette Smith instituted a new dress code for state health department employees in December 2019.
The Nebraska Association of Public Employees challenged the dress code, according to Executive Director Justin Hubley.
"These are some of the lowest paid employees at the agency," Hubley said. "You’re talking about case aids that make less than $12 an hour that were now being told they had to wear business casual every day. And our whole point was, if you’re going to make them do that you have to pay them a little bit more."
According to the union-negotiated contract, disagreements like this end up in arbitration. And in October, an arbitrator overturned the dress code. He said it should have been negotiated with the union first and called it arbitrary and unreasonable.
In response, the state filed a lawsuit saying the arbitrator exceeded his authority.
Hubley says he’s confident a judge will support the arbitrator’s decision. He calls the state’s escalation of the issue petty, especially during a global pandemic.
"I think it just shows that their leadership is misguided and that this is not the battle that they should be picking with their lowest-paid employees right now," Hubley said.
A health department representative said they are unable to comment on a pending legal matter.