b'PAGE 34 / NATIONAL CLOTHESLINE / NOVEMBER, 2019K EEP I T L EGAL BY F RANK K OLLMANLabor and employment law trendsheUnitedStates Current law permits dress considered over the top may the higher rate (the simplest islatorsseemtobeobsessedT Supreme Court starts a codesthattakeintoaccount become protected. approach) or compensated dif- with making showing up fornew term every year on gender differences, as well as State and local jurisdictions ferentlydependingonthe work a secondary requirementthe first Monday in October. the sensibilities of your cus- continue to tinker with labor hours worked in each jurisdic- of every job.One of the first cases argued tomers. and employment laws, espe- tion (messy). Showing up for work usedthis year was whether the cur-rent civil rights law, Title VIIof the Civil Rights Act of 1964, Showing up for work used to be the first requirement prohibits discrimination basedon gender identity and sexual of every job. Legislators now seem obsessed with makingpreference.Ironically, some in Congress showing up a secondary requirement of every job.have tried to amend Title VIItospecificallyprohibitbothtypes of discrimination, with Of course, dress codes that cially in two areas: wage and Many state and local gov- to be the first requirement ofno success. Therefore, the case unreasonablydealwithreli- hour and discrimination. ernmentshavealready every job. Expect the trend tois basically asking the Supreme gious practices or matters of adoptedanti-discrimination move even farther away fromCourt to interpret Title VII in a racial identity (hair styles, for Whose minimum? laws that go beyond the fed- that goal.way that does what Congress example) can be legally prob- Many states, counties, and eral requirements.is unable to do legislatively. lematic, but bizarre modes of cities are adopting higher min- For example, California has WhistleblowingOne thing that a decision in dress can be prohibited. imum wage requirements than recently prohibited hair style Finally, given the attentionfavor of this broad interpreta- If the Supreme Court finds thefederalminimumwage, discrimination. beingpaidtowhistleblow-tion will do is make company genderidentityandsexual which is legal under the fed- Insomejurisdictions,you ers in the national news, youdresscodesdifficulttodraft preferencetobeprotected, eral wage and hour scheme. cannot take into account that a can expect more laws protect-and enforce. modes of dress that used to be So,whatistheminimum job applicant is unemployed in ing employees who claim theirwage for drivers who deliver deciding whether to hire that employer is violating the law.The latest on employment law goods in counties or cities with applicant. Check to see if your Currently, good faith com-a higher minimum wage than location has some of these un- plaints are protected from re-Keep up with the latest developments on employment and that of other localities in which usual requirements. taliation in most instances, butlabor law by following Frank Kollman and other attorneys at the the drivers work? that could change as legislatorsKollman & Saucier law firm on their Employment Brief blog at Thequickansweristhat Salary history questions encourageemployeesmorewww.kollmanlaw.com/the-employment-brief. work performed in a jurisdic- Severaljurisdictionsare and more to be in an adversar-You can follow the daily blogging, search the blog by topics or tion is subject to that locations prohibitingemployersfrom ial relationship with their em-sign up for a newsletter to keep posted on issues of concern to minimum wage. As a result, askingjobapplicantsabout ployers. all employers. these drivers either have to be their salary history with other One thing is certain: laborcompensated for all hours at employers. and employment lawyers willThe theory is that a new continue to have lots of work.employer should make a job Do your best not to be one ofoffer based on what it believes thoseemployerspayingtheemployeeisworth,not money to lawyers instead ofnecessarilythesexorrace your employees.based lower wage that the ap-plicant is or was being paid by Frank Kollman is a partner in theanother company. law firm of Kollman & Saucier,Check to see if your location PA, in Baltimore, MD. He can bemakes salary history a taboo reached by phone at (410) 727-subject. 4300 or fax (410) 727-4391. Hisfirms web site can be found atNo show, no problem www.kollmanlaw.com. It has ar-As I have reported in this ticles, sample policies, news andcolumn before, sick leave laws otherinformationonem-are sweeping the country. Leg- ployee/employer relations.WAITES CLEANERS in Mobile, AL, was the first to installGarment Management Systems Quicktag invoice applicationsystem for attaching invoices to orders using the Quicksortassembly system and an automatic bagger. Leland Waite (left)is pictured with Brett McLeod of Garment Managmeent Sys-To learn more, see the Index of Advertisers on page 38 or visit www.natclo.com/ads tems.'