Employee Polygraph Protection Act (EPPA) Poster in San Jose, California (2026)
Your restaurant is out of compliance the day you hire your first employee if you don't display the official Employee Polygraph Protection Act (EPPA) Poster, also called the federal workplace rights notice. The U.S. Department of Labor enforces this federal labor law poster requirement for all businesses in San Jose.
- 12 fields — ApronPrep auto-fills 10
- $0–$0 government filing fee — the poster itself is free
- Varies timeline — it’s posted, not submitted
Analyzed from Employee Polygraph Protection Act (EPPA) Poster
83% from one compliance interview
Manual entry or document upload required
Why You Need a Employee Polygraph Protection Act (EPPA) Poster
The Employee Polygraph Protection Act (EPPA) Poster is a federal requirement, not a local San Jose ordinance. It is mandated by the U.S. Department of Labor (DOL) under the Employee Polygraph Protection Act of 1988 (29 U.S.C. §§ 2001–2009). This federal law strictly prohibits most private-sector employers from using lie detector tests. While California has its own strict laws regarding workplace privacy, this federal posting is a nationwide minimum standard enforced by the DOL's Wage and Hour Division. You must display this poster, alongside other required federal and state labor notices, in a conspicuous place where employees can easily see it.
Failure to properly display this required federal poster can trigger significant consequences during a DOL wage and hour investigation. While there is no direct fine assessed just for a missing poster, investigators use non-compliance as a leading indicator of broader wage and hour violations, which carry severe penalties. The most common direct consequences include:
- Civil Money Penalties (CMPs): During an audit, a missing EPPA poster is often cited alongside other violations. For willful or repeated violations of the Fair Labor Standards Act (FLSA) found in the same investigation, CMPs can be up to $2,374 per violation for child labor issues and over $1,000 for other willful FLSA breaches.
- Increased Scrutiny & Audit Risk: A missing mandatory poster signals poor compliance practices to a DOL investigator. This can lead to a more thorough, prolonged, and costly audit of your payroll records, overtime calculations, and employee classifications.
- Lease and Insurance Implications: Commercial leases often require tenants to maintain all necessary licenses and comply with all laws. A documented DOL violation for non-compliance could be a breach of lease terms. Similarly, liability insurers may scrutinize your risk management practices if you face a DOL action.
Legal code: Fair Labor Standards Act (FLSA), Family and Medical Leave Act (FMLA), Davis-Bacon Act, Service Contract Act
Recent update: The DOL's 2026 poster updates primarily relate to minimum wage rates under the FLSA and FMLA notice requirements; the EPPA poster language and mandate have not changed, but employers must ensure they are displaying the current, all-in-one version that incorporates these updated figures.
Who Needs a Employee Polygraph Protection Act (EPPA) Poster?
| Type | Required | Notes |
|---|---|---|
| Restaurant (Full-Service) | Required | Required because the federal Employee Polygraph Protection Act (29 U.S.C. §§ 2001-2009) covers all private employers engaged in interstate commerce with no employee count threshold, and all employees are protected from polygraph testing. |
| Bar / Nightclub | Required | Required, as the EPPA applies to all businesses with employees; specific industries like security or pharmaceuticals have limited exceptions for pre-employment screening, but these do not apply to bars. |
| Food Truck | Required | Required if the food truck has employees; the EPPA poster must be displayed in a conspicuous place where employment notices are customarily posted, which can be a challenge in a mobile setting. |
| Coffee Shop / Café | Required | Required for all locations with one or more employees, as the business is engaged in interstate commerce (purchasing supplies across state lines) and is subject to the federal EPPA. |
See which restaurant types need this requirement — and which don't.
See Full Requirements →Field-by-Field Guide (12 Fields)
10 of 12 auto-filledBusiness Has Employees
booleanSelect 'Yes' if your business has any employees, including full-time, part-time, or temporary workers, as the EPPA poster is specifically required for businesses with staff, but select 'No' if you are a sole proprietor or business owner with no other personnel.
COMMON MISTAKE: Owners incorrectly assuming they are 'employees' for EPPA purposes, or forgetting that part-time staff count—if you have any staff, this must be 'Yes' to trigger the posting requirement.
Number of Employees
numberEnter the total count of current employees at your restaurant, including all staff actively on payroll; this figure is used to confirm you fall under the EPPA's coverage, which applies to virtually all private-sector employers regardless of size.
COMMON MISTAKE: Entering a number that does not match your most recent payroll records or quarterly tax filings, or including independent contractors who are not legally employees.
Primary Workplace Address
addressEnter the physical address of your restaurant where employees report for work; use the official street address, city, state, and ZIP code, as this is where the poster must be displayed in a conspicuous location.
COMMON MISTAKE: Providing a P.O. Box, corporate office, or home address instead of the actual worksite address—the poster must be placed where employees can see it.
Has Multiple Work Locations
booleanSelect 'Yes' if your business operates more than one physical location where employees work (e.g., a separate catering kitchen or satellite pick-up counter), as each distinct worksite generally requires its own EPPA poster.
COMMON MISTAKE: Overlooking separate, smaller work locations like prep kitchens or off-site storage facilities with staff, which are still covered worksites under DOL regulations.
Poster Display Location Description
textDescribe the exact spot where the poster is or will be posted, such as 'on the break room bulletin board next to the time clock' or 'in the employee hallway near the manager's office'; the location must be easily accessible to all employees.
COMMON MISTAKE: Vague descriptions like 'in the back' or failing to specify a permanent, common area—inspectors need to verify it's in a place employees frequent.
Currently Has EPPA Poster Displayed
booleanSelect 'Yes' only if the official 2026 version of the DOL's EPPA poster is physically posted in your workplace right now; if you have an outdated poster or none at all, select 'No'.
COMMON MISTAKE: Selecting 'Yes' when you have an old poster from a prior year, which is non-compliant—the poster must be the current version mandated by the DOL.
Current Poster Is Official DOL Version
booleanConfirm that the poster on display is the official, free version from the U.S. Department of Labor (DOL) website, not a commercially sold or outdated version; it must include the current revision date and DOL seal.
COMMON MISTAKE: Using a poster from a third-party vendor that lacks the official DOL header or revision date, which can lead to citations during a wage-and-hour audit.
Poster Download Date
dateEnter the date you downloaded or obtained the official 2026 EPPA poster from the DOL website, which serves as proof you accessed the current version; use MM/DD/YYYY format.
COMMON MISTAKE: Entering a date from a previous year's download, which suggests you may be using an obsolete poster, or leaving the field blank, which can raise compliance questions.
Poster Display Date
dateEnter the date you physically posted the EPPA poster in your workplace; this should be on or after your download date and reflects your actual compliance start date, in MM/DD/YYYY format.
COMMON MISTAKE: Entering a future date or a date that precedes the download date, creating an illogical timeline that could be flagged in an audit.
Confirms Understanding of Display Requirements
booleanBy selecting 'Yes', you affirm that you understand the poster must be displayed in a conspicuous place where employees can readily see it, and that it must remain posted without alteration or obstruction.
COMMON MISTAKE: Selecting 'Yes' without verifying the poster is actually visible and unobstructed, or misunderstanding that 'conspicuous' means in a common area, not a locked office.
ApronPrep auto-fills 10 of 12 fields from a single compliance interview — no re-typing, no guessing what the government expects.
Top 5 Employee Polygraph Protection Act (EPPA) Poster Mistakes
1. Displaying an outdated poster
Using a poster from a previous year. The U.S. Department of Labor (DOL) updates the poster periodically, and displaying an obsolete version is a violation, even if the core rules haven't changed. This can result in citations during a DOL Wage and Hour Division inspection. Always download the current version directly from the DOL's website; the 2026 poster is the legally required version for this year.
2. Posting in an inaccessible location
Placing the poster in a break room, manager's office, or other low-traffic area where employees don't regularly see it. The EPPA requires the poster to be placed "where notices to employees and applicants for employment are customarily posted." Common areas like near time clocks, in the main kitchen, or by employee entrances are compliant; a locked back office is not. An inaccessible posting fails the legal requirement and offers no protection.
3. Using a poster with poor readability
Displaying a faded, crumpled, or too-small copy of the poster. The law requires it to be posted "conspicuously." A poster printed on standard letter paper (8.5" x 11") is the minimum acceptable size; anything smaller or illegible due to poor print quality is non-compliant. Laminating the poster or using a clear protective sleeve ensures it remains readable and intact in a restaurant environment.
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Employee Polygraph Protection Act (EPPA) Poster by City in California
| City | Fee Range | Timeline |
|---|---|---|
| Los Angeles | ||
| San Diego | ||
| San Jose |
Timeline: Obtaining Your Federal EPPA Poster (San Jose)
Confirm Required Poster and Version Year
First, verify you need the EPPA poster — it's required for any employer covered by the Fair Labor Standards Act, with few exceptions. Ensure you obtain the most current version; as of 2026, the Wage and Hour Division (WHD) enforces the 2014 edition. Obtaining or displaying an outdated poster can result in a compliance failure and penalties, even if the information hasn't changed.
Download or Order from Official Source
Access the free, downloadable PDF from the U.S. Department of Labor's website (dol.gov/whd/regs/compliance/posters/eppa.htm). For a physical copy, you can print it yourself or order one from the DOL's approved private suppliers, which typically charge $15–$30 for laminated versions. Avoid third-party sites that charge unnecessary fees for the download. This step requires no application form or submission to a local agency in San Jose.
Prepare and Post in Conspicuous Location
Print the poster on standard letter-size (8.5" x 11") paper in color or black and white. It must be displayed in a conspicuous place where employees and applicants can readily see it, such as a break room or near time clocks. For businesses with remote workers, you must provide electronic access, such as on a company intranet. Posting it in a back office or filing it away does not satisfy the law.
Other Requirements You'll Need
This is one of 13 requirements for opening a restaurant in California.
ABC Local Control Application
local
ADA Compliance Self-Certification
federal
Alarm System Permit/Registration
local
Alcohol Server Training Certification (RBS)
state
See all co-required forms and how they connect to your compliance dossier.
See All RequirementsThere is no processing timeline, as you don't "get" a physical permit. The federal Employee Polygraph Protection Act (EPPA) simply requires employers to display the official poster where employees can see it. You can download and print it instantly from the U.S. Department of Labor website; your main compliance action is ensuring it's posted alongside other required notices like the California Employer Registration for Unemployment Insurance posting.
The government filing fee is $0. The official poster is provided free of charge by the U.S. Department of Labor. Your only cost is for printing the downloaded PDF. This differs from other local permits that involve fees, such as a Building Permit. Always verify with the issuing authority for the most current information.
No, because it's not a site-specific permit or license. The EPPA poster is a federal notice you must display at each of your work sites. When you open a new location, you must obtain and post a fresh copy there. This is a standard requirement separate from transferring operational licenses, like an California Liquor License (On-Premises).
There is no formal renewal process. You must display the current version of the poster at all times. The U.S. Department of Labor updates the poster if the law changes; it is your responsibility to check their website periodically and replace any outdated notices. This is a common maintenance task for all mandatory labor law postings.
There is no scheduled inspection specifically for the EPPA poster. However, during a general workplace investigation by the Wage and Hour Division (WHD) of the U.S. Department of Labor, an investigator will check for the correct posting of all required federal notices, including the EPPA poster. Failure to display it can result in citations and penalties, independent of any state or local permit violations.
About This Data
This guide is generated from ApronPrep's compliance dossier system, which uses 53 parallel AI authority experts to discover requirements, then downloads actual forms and generates field-level intelligence for each one.
For California specifically, we have analyzed compliance dossiers for 3 cities (Los Angeles, San Diego, San Jose), generating Rich FILs (Form Intelligence Layers) with 12 form fields analyzed for this requirement. Fee data is sourced from actual county department fee schedules, not estimates.
Our data is verified against official government sources and updated when regulatory changes are detected. If you find an error, please report it — accuracy is our core commitment.
Sources
- Fair Labor Standards Act (FLSA), Family and Medical Leave Act (FMLA), Davis-Bacon Act, Service Contract Act
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