In Jersey City, New Jersey, an employee complaint about your polygraph testing policy can trigger a federal audit and penalties starting at $24,471 per violation. You are required by federal law to display the current Employee Polygraph Protection Act (EPPA) Poster, issued by the U.S. Department of Labor’s Wage and Hour Division, also known as the WH-1462 poster. This federal workplace notice explains employee rights regarding lie detector tests and must be posted in a conspicuous area accessible to all employees. Key facts:
Analyzed from Employee Polygraph Protection Act (EPPA) Poster
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In Jersey City, and nationally, the Employee Polygraph Protection Act (EPPA) Poster is a mandatory federal workplace notice, not a local ordinance. The requirement stems from the federal Employee Polygraph Protection Act of 1988 (29 U.S.C. §§ 2001-2009). The law is enforced by the U.S. Department of Labor's Wage and Hour Division (WHD). This poster must be displayed in a conspicuous place where all employees and applicants for employment can readily see it to inform them of their rights under the Act. The core prohibition of the EPPA is that most private employers cannot require, request, suggest, or use any lie detector test for pre-employment screening or during employment.
Failure to display the required EPPA poster can trigger significant penalties during a federal investigation. While there is no specific fine for simply missing the poster, its absence is considered a violation of the notice requirement and can contribute to evidence of other violations, leading to substantial financial consequences:
Legal code: Fair Labor Standards Act (FLSA), Family and Medical Leave Act (FMLA), Davis-Bacon Act, Service Contract Act
Recent update: The civil monetary penalty amounts for EPPA violations are adjusted annually for inflation; the amount cited ($24,702 per violation) reflects the 2026 adjustment as published by the U.S. Department of Labor.
| Type | Required | Notes |
|---|---|---|
| Restaurant (Full-Service) | Required | The federal Employee Polygraph Protection Act (29 U.S.C. §§ 2001–2009) applies to almost all private employers, including full-service restaurants, and requires the official poster to be displayed in a conspicuous place. |
| Bar / Nightclub | Required | Bars and nightclubs are covered private employers under the EPPA; they must post the notice where employees can readily see it, per U.S. Department of Labor Wage and Hour Division regulations. |
| Food Truck | Required | Food trucks are private employers subject to the EPPA; the poster must be displayed in the truck where employees report for work or can easily see it, such as near timekeeping or scheduling information. |
| Coffee Shop / Café | Required | Coffee shops are private sector employers covered by the EPPA and must post the official notice to inform employees of their rights under the law. |
See which restaurant types need this requirement — and which don't.
See Full Requirements →Check 'Yes' if your restaurant has any employees other than yourself as the owner; this determines if the federal Employee Polygraph Protection Act (EPPA) poster requirement applies to your workplace.
COMMON MISTAKE: Selecting 'No' when you have employees, incorrectly believing sole proprietors or family members are exempt from federal poster rules, which is a common basis for non-compliance findings.
Enter the total number of individuals you employ, including part-time, full-time, and seasonal staff; this count is used to confirm your business size under Department of Labor regulations.
COMMON MISTAKE: Entering '0' or '1' (for the owner only) when you have other employees, or providing an approximate/incorrect count, which can lead to inaccuracies in your compliance record.
Provide the complete street address, city, state, and ZIP code of the restaurant where the EPPA poster must be physically displayed for employees to see.
COMMON MISTAKE: Using a P.O. Box, a corporate office address not accessible to staff, or a home address, which does not satisfy the requirement to post at the employees' primary work location.
Check 'Yes' if you operate more than one restaurant or business location; this indicates you need to acquire and display a poster at each separate worksite.
COMMON MISTAKE: Selecting 'No' when you have multiple locations, which can lead to a compliance violation at undisclosed sites and potential fines for each missing poster.
Describe the specific, conspicuous spot where the poster is or will be placed, such as 'employee break room bulletin board' or 'next to the time clock in the kitchen.'
COMMON MISTAKE: Providing vague descriptions like 'in the back' or 'somewhere visible,' which fail to demonstrate a good-faith effort to comply with the DOL's conspicuous placement rule.
Select 'Yes' only if the official U.S. Department of Labor EPPA poster is already physically posted in your workplace at the time of this confirmation.
COMMON MISTAKE: Selecting 'Yes' when using an outdated poster version, a state-specific poster, or a poster from a third-party vendor not approved by the DOL, which constitutes non-compliance.
Confirm you have verified that your displayed poster is the current, official version from the DOL website, identifiable by its publication date and 'WH-1462' form number.
COMMON MISTAKE: Assuming any 'federal labor law poster' includes the EPPA notice, or failing to check the form number, leading to display of an incorrect or outdated poster that does not satisfy the legal requirement.
Enter the date you downloaded the official PDF poster from the U.S. Department of Labor website, which helps establish your compliance timeline.
COMMON MISTAKE: Leaving this blank or entering an incorrect date far in the past, which can create discrepancies in your compliance records during an audit or investigation.
Enter the date you physically posted the EPPA notice in your workplace; if not yet posted, enter your planned display date after you obtain the poster.
COMMON MISTAKE: Entering a future date that has not yet occurred as the 'display date,' which inaccurately records compliance status and could be flagged in documentation.
Check 'Yes' to affirm you understand the poster must be displayed continuously in a conspicuous place where employees can readily see it, as required by 29 C.F.R. § 801.6.
COMMON MISTAKE: Checking 'Yes' without reading the requirement, leading to improper placement (e.g., in a manager's office or a locked cabinet) that would not meet the 'readily see' standard.
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Posting a version of the EPPA poster from before 2023 or one from a commercial HR website that omits required New Jersey-specific worker protections. The DOL Wage and Hour Division can cite your business for failing to display the legally current notice, which includes the most recent contact information for filing complaints. Always download the official "Employee Rights Under the Polygraph Protection Act" poster directly from the U.S. Department of Labor's website to ensure it's the mandatory version.
Placing the poster only in a break room or manager's office, not in a conspicuous place where all employees and applicants can see it, such as a common area where other workplace notices are posted. For Jersey City businesses with a multilingual workforce, posting only the English version violates New Jersey's language access expectations. Display the poster in the primary language(s) of your workforce alongside English in all common hiring and employee areas to ensure compliance.
Posting a faded, laminated copy, a low-resolution printout, or a version where the text size is too small to be easily read from a normal viewing distance. If an investigator cannot clearly read the poster's contents during a routine inspection, it may be treated as non-compliance. Print the poster on standard letter-sized paper (8.5" x 11") in high-resolution, ensure all text is clear, and check that it's posted at eye level without obstruction.
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| City | Fee Range | Timeline |
|---|---|---|
| Jersey City | ||
| Newark | ||
| Paterson |
First, confirm you are covered by the Employee Polygraph Protection Act (29 U.S.C. § 2001). All private employers in Jersey City are covered, with narrow exceptions for certain government contractors and security services. Have your business address and NAICS code ready to check specific applicability. Most restaurant owners are fully covered and must post the notice.
Download the free, mandatory "Employee Rights Under the Polygraph Protection Act" poster directly from the U.S. Department of Labor's Wage and Hour Division (WHD) website. You must ensure you have the 2026 version, as prior editions may not comply. This is a government filing fee of $0. Do not purchase this poster from a commercial vendor; the official version is free and immediately available for download and printing.
Print the downloaded poster on standard letter-size paper. You must display it in a prominent and accessible place where all employees and applicants can readily see it, such as a break room, kitchen bulletin board, or near time clocks. The poster must be placed alongside other required federal and New Jersey labor law posters. Failure to post can trigger a Department of Labor investigation, even without a specific employee complaint.
This is one of 13 requirements for opening a restaurant in New Jersey.
federal
local
state
federal
See all co-required forms and how they connect to your compliance dossier.
See All RequirementsThe timeline for obtaining and posting the federal EPPA notice is immediate. Since it’s a federal requirement, the approved poster is downloadable directly from the U.S. Department of Labor (DOL) website and must be posted as soon as you have employees. There is no processing or approval time required from any Jersey City authority.
The official government filing fee for the EPPA poster is $0–$0, as per the U.S. Department of Labor. The poster is provided free of charge for download and printing. However, costs may arise if you choose to print it professionally or use a service to manage multiple required postings, such as the ADA Compliance Self-Certification. Not legal advice — verify poster requirements with the DOL.
Yes, the EPPA poster is transferable. It is a single, standard federal notice that applies to all your business locations where you have employees. If you move your restaurant within Jersey City, you simply need to re-post the same notice in the new employee common area. This differs from location-specific permits like a Building Permit or Certificate of Occupancy.
There is no formal renewal process for the EPPA poster itself. You must ensure the poster is displayed for as long as you have employees. You should periodically check the U.S. DOL website for any updated versions of the poster; using an outdated version is a common compliance mistake. This is a one-time, ongoing obligation similar to other federal labor notices.
An inspection specifically for the EPPA poster is unlikely. Compliance is typically verified during broader federal or state labor inspections (e.g., by the DOL Wage and Hour Division). The inspector will check that the current, official poster is prominently displayed where employees can readily see it, such as a break room or near time clocks. Failure to post can result in fines per the Employee Polygraph Protection Act.
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 New Jersey specifically, we have analyzed compliance dossiers for 3 cities (Jersey City, Newark, Paterson), 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.
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