You cannot legally require or request any employee or applicant to take a lie detector test without prominently displaying this federal workplace poster—failing to post it exposes you to investigations and civil penalties from the U.S. Department of Labor. In Rochester, New York, every employer covered by the federal Employee Polygraph Protection Act (EPPA) must display this official notice, also referred to as the federal workplace rights poster on polygraph tests. Key facts:
Analyzed from Employee Polygraph Protection Act (EPPA) Poster
83% from one compliance interview
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Your federal labor compliance depends on displaying mandated postings, and federal law specifically requires the Employee Polygraph Protection Act (EPPA) poster. This is a federal U.S. Department of Labor (DOL) mandate with no local Rochester or New York State variation. The core legal basis is the Employee Polygraph Protection Act of 1988 (29 U.S.C. §§ 2001-2009), which generally prohibits private employers from using lie detector tests. The DOL mandates that employers post this notice conspicuously where all employees can see it. This requirement operates alongside other mandatory federal workplace posters like the Fair Labor Standards Act (FLSA) minimum wage poster, the Family and Medical Leave Act (FMLA) notice, and other applicable federal notices.
Failing to post the EPPA notice exposes your Rochester restaurant to significant federal labor law penalties. The fines and liabilities are not hypothetical; the DOL's Wage and Hour Division actively investigates complaints and conducts audits. Based on ApronPrep's analysis of federal enforcement actions, the primary consequences include:
Legal code: Fair Labor Standards Act (FLSA), Family and Medical Leave Act (FMLA), Davis-Bacon Act, Service Contract Act
Recent update: In 2026, the U.S. Department of Labor issued an updated version of the EPPA poster with minor clarifications to the notice text, making it critical for employers to display the current version to ensure compliance.
| Type | Required | Notes |
|---|---|---|
| Restaurant (Full-Service) | Required | All employers covered by the EPPA, including restaurants with one or more employees, must display the poster as per 29 CFR § 801.6. |
| Bar / Nightclub | Required | Bars and nightclubs are covered employers under the EPPA and must display the poster where employees can readily see it, per federal workplace posting rules. |
| Food Truck | Required | Food truck operators with employees are subject to the EPPA and must display the poster in a conspicuous location at the primary business base or vehicle. |
| Coffee Shop / Café | Required | Any café with employees is a covered employer under 29 U.S.C. § 2001 and must post the EPPA notice in a common area. |
See which restaurant types need this requirement — and which don't.
See Full Requirements →Select 'Yes' if your business has any employees, including part-time or seasonal workers, as the EPPA applies to any employer covered by the Fair Labor Standards Act with one or more employees; select 'No' only if you are a sole proprietor with zero paid staff.
COMMON MISTAKE: Selecting 'No' if you have any paid employees, which incorrectly indicates the requirement does not apply and creates a compliance gap.
Enter the total number of individuals on your payroll at all work locations; include all part-time, full-time, and temporary workers as of the date you complete this compliance record.
COMMON MISTAKE: Entering an inaccurate or outdated count, or excluding part-time staff, which can misrepresent your business size and affect other regulatory thresholds.
Enter the complete physical street address where the majority of your employees report to work and where the EPPA poster must be displayed; this is typically your main office or restaurant location.
COMMON MISTAKE: Using a P.O. Box, a home address for the owner, or an incomplete address, which fails to specify the actual worksite for poster placement verification.
Select 'Yes' if you operate more than one worksite (e.g., a second kitchen, a food truck base, or a separate office), as this triggers the requirement to display the poster at each location where employees work.
COMMON MISTAKE: Selecting 'No' when you have satellite locations, leading to incomplete compliance and potential fines for each worksite without a poster.
Describe the specific, conspicuous place where the poster is physically posted (e.g., 'On the bulletin board next to the time clock in the employee break room' or 'In the hallway outside the manager's office').
COMMON MISTAKE: Providing a vague description like 'in the back' or omitting this detail, which makes it difficult to verify compliance during an inspection.
Select 'Yes' only if the official U.S. Department of Labor 'Employee Polygraph Protection Act' poster is physically posted in your workplace at the time of completing this form; if not, select 'No' and acquire the poster immediately.
COMMON MISTAKE: Selecting 'Yes' when a poster is not yet displayed, creating a false record of compliance that offers no protection during a DOL audit.
Select 'Yes' only if the poster you have is the current, unaltered version directly from the U.S. DOL (dated or revised as of the current year); outdated or third-party summaries do not satisfy the requirement.
COMMON MISTAKE: Using an outdated poster or a non-DOL summary, which does not meet the legal posting standard and can result in penalties.
Enter the date you downloaded the official PDF poster from the U.S. Department of Labor website (dol.gov); this date establishes when you obtained the current required version.
COMMON MISTAKE: Entering an incorrect date or leaving it blank, which weakens your record of obtaining the legally mandated poster.
Enter the date you physically posted the EPPA notice in your workplace; this should be on or after the download date and should reflect actual compliance, not a future date.
COMMON MISTAKE: Entering a future date or the same date as download without allowing time for printing and posting, creating an inconsistent compliance timeline.
Select 'Yes' to affirm you understand the poster must be displayed in a conspicuous place frequented by employees and applicants, and that it must remain posted without alteration.
COMMON MISTAKE: Selecting 'Yes' without reading the requirement, leading to improper placement (e.g., in a locked office) that violates the 'conspicuous' rule.
ApronPrep auto-fills 10 of 12 fields from a single compliance interview — no re-typing, no guessing what the government expects.
Downloading and displaying a generic or previous-year version of the poster, or printing it in a non-standard size/format. The U.S. Department of Labor (DOL) updates the poster with new contact information or disclaimers, and an incorrect version violates the posting requirement. This mistake can trigger a fine upon a DOL audit. To avoid it, download the official 2026 'Employee Rights Under the Polygraph Protection Act' poster directly from the DOL Wage and Hour Division website and post it at its original dimensions without modifications.
Placing the poster in a break room cabinet, a locked office, or any area not frequented by all employees. The law requires the poster be displayed "where employees and applicants for employment can readily observe it." If a DOL investigator or an employee complaint finds it hidden, it's a violation. This mistake can lead to immediate penalties. To avoid it, post the poster alongside other required federal notices (like FLSA and OSHA) on a main bulletin board in a common area like the time clock station or near employee lockers.
Assuming that because your Rochester restaurant uses a contracted armored car or security guard service, you don't need the poster. The EPPA exemptions for polygraph use apply only to specific employers (like armored car or pharmaceutical companies) directly employing certain security personnel. As a restaurant, you are covered and must post. This oversight leaves you non-compliant. To avoid it, post the standard poster regardless of any third-party security contracts; exemptions are extremely narrow and rarely apply to food service businesses.
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| City | Fee Range | Timeline |
|---|---|---|
| Buffalo | ||
| New York City | ||
| Rochester |
Obtain the current version of the 'Employee Polygraph Protection Act' (EPPA) poster from the U.S. Department of Labor (DOL). This is a mandatory federal workplace posting. You can download it for free as a PDF from the DOL's Wage and Hour Division website, or order a physical copy (often for a shipping fee) through the DOL's publication portal. Ensure you get the standard English version; if a significant portion of your workforce is not proficient in English, you may need additional translated versions as required by state law.
Check that the poster is the 2026 or later version, as content can be updated. The poster must be clearly readable. If printing the downloaded PDF, use a printer that produces legible text on at least 11" x 17" paper or larger. The DOL specifies it must be displayed where employees can readily observe it. For physical copies, inspect for damage or fading that would make it unreadable. This step prevents the most common violation: displaying an outdated or illegible poster.
Display the poster in a prominent and accessible area frequented by employees, such as a break room, near time clocks, or alongside other required labor law posters (like the FLSA and OSHA notices). In Rochester, you must also display required New York State labor posters (e.g., Minimum Wage, Paid Family Leave). Ensure the EPPA poster is not obscured and is at eye level. Posting must be completed before employees begin work to ensure immediate compliance.
This is one of 13 requirements for opening a restaurant in New York.
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local
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See all co-required forms and how they connect to your compliance dossier.
See All RequirementsThere is no processing timeline because no application or approval is needed. The U.S. Department of Labor provides the poster immediately for download from its website. This means you can get your required Employee Polygraph Protection Act (EPPA) Poster for display in minutes, unlike permits like a Building Permit which can take weeks.
The government filing fee is $0. The poster is provided free of charge by the federal Wage and Hour Division, as confirmed on the U.S. Department of Labor's website. Businesses should never pay for this mandatory federal labor law poster, though they may incur costs for printing or professional framing.
Yes. The physical poster itself can be moved to a new business location within Rochester or elsewhere. The federal poster requirement is tied to your status as an employer, not a specific address. Ensure it is displayed at the new site, alongside other location-specific permits like your City Business License/Registration.
You do not renew the poster itself. However, you must replace it if the U.S. Department of Labor publishes an updated version, which has happened occasionally (e.g., 2020). It is your legal responsibility to display the current version. Contact the Wage and Hour Division to confirm the poster has not been revised.
A federal or state labor investigator will check for the poster's presence and visibility in your workplace, typically during a routine wage-and-hour audit. They will verify it is the official, current version. Non-compliance can trigger penalties, so ensure this poster is displayed prominently, similar to how you would maintain compliance for E-Verify Enrollment for I-9 forms.
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 York specifically, we have analyzed compliance dossiers for 3 cities (Buffalo, New York City, Rochester), 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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