Welcome to Issue #19 of The Compliance Brief. Every Tuesday I break down the HR and labor law updates that actually matter to small businesses — in plain English, no legal jargon.

A Federal Court Just Made It Easier to Defend Your Dress Code

On September 2, the Second Circuit Court of Appeals ruled in a case involving Starbucks Reserve Roastery that reshapes how employers can defend dress code and uniform policies against union-related challenges — a case centered on restrictions around union buttons, pins, and clothing.

The court rejected the NLRB's existing framework for evaluating these restrictions, which had made it difficult for employers to enforce consistent policies without risking an unfair labor practice claim. This ruling gives employers more room to maintain clear, evenly applied dress codes, as long as they aren't selectively targeting union-related items.

If you have a dress code — and most small businesses do, even informally — this is worth a second look, especially with any union activity among staff.

Action step: Review your dress code with counsel to confirm it's clearly written, tied to legitimate business needs, and consistently enforced.

1. Connecticut's October 1 Deadline Brings a Wave of New Requirements

Starting October 1, Connecticut employers must include a wage range and benefits description in every job posting, training-repayment clauses become unenforceable for new agreements, and larger employers (100+) must publish a multilingual pay-code guide. If you have Connecticut employees — including remote workers reporting to a Connecticut supervisor — update job postings and offer letters now.

2. A Federal Appeals Court Expands Who Qualifies for COBRA

A recent appellate ruling held that employees who lose coverage due to reduced hours — not just those terminated — must be offered COBRA continuation. If your process only triggers on terminations, review your eligibility criteria to make sure reduced-hours employees aren't being missed.

3. Massachusetts Recovers $1.15M for Unpaid "Work Therapy" Labor

Massachusetts regulators secured a $1.15 million recovery against a residential addiction program that used residents as unpaid labor under the guise of "work therapy." Voluntary or program-based work doesn't automatically fall outside minimum wage and overtime law — if the work benefits the business, it's likely compensable.

✅ Review dress code policies for clarity, consistency, and even enforcement

✅ Update Connecticut job postings and offer letters ahead of October 1

✅ Confirm COBRA offers continuation to reduced-hours employees, not just terminations

✅ Review any "voluntary" or program-based work arrangements against minimum wage and overtime rules

The DOL's guide to COBRA continuation coverage covers who qualifies, notice timelines, and employer obligations: dol.gov/general/topic/health-plans/cobra

That's it for this week. Short, actionable, no fluff.

If this was useful, forward it to another small business owner who could use it.

See you next Tuesday.

The Compliance Brief thecompliancebriefhq.com

This is for informational purposes only and does not constitute legal advice.