Employee Polygraph Protection Act (EPPA) Poster in Memphis, Tennessee (2026)
Failure to conspicuously post the Employee Polygraph Protection Act (EPPA) Poster can trigger a Department of Labor investigation, leading to civil penalties of up to $12,000 per violation. This federal notice, required nationwide including for Memphis, Tennessee employers, must be displayed where all employees can see it. Key facts:
- 12 fields — ApronPrep auto-fills 10 with your business data
- $0–$0 government filing fee (the poster is free to download)
- Varies for display and potential inspection timelines
Most applicants complete this in under 15 minutes with ApronPrep, which auto-fills 10 of 12 fields.
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 mandated by federal law, specifically the Employee Polygraph Protection Act of 1988 (29 U.S.C. §§ 2001-2009). While a federal requirement, its enforcement in Memphis, Tennessee, is typically carried out by the Wage and Hour Division (WHD) of the U.S. Department of Labor (DOL). This specific poster informs employees of their right to refuse a lie detector test and prohibits most private employers from requiring or requesting such tests. In Memphis, this poster must be displayed alongside other federally required workplace notices, such as those for the Fair Labor Standards Act (FLSA), Family and Medical Leave Act (FMLA), Davis-Bacon Act, and Service Contract Act, as referenced in your local requirements.
Failure to conspicuously post this notice can trigger investigations and significant penalties under DOL jurisdiction. The consequences of non-compliance are not abstract; they are specific and costly. The DOL can assess civil money penalties for each violation. More critically, a missing poster can be used as evidence in a broader employee lawsuit alleging a violation of the EPPA itself, which can lead to far greater liability. Common penalties and practical consequences include:
- Civil Money Penalties: The DOL can impose fines for each instance of failing to post required notices. While the EPPA does not specify its own penalty amount for posting violations, the DOL uses its authority under other statutes, and violations are often cited in conjunction with other wage law investigations.
- Legal Action & Liability An employee who is subjected to a prohibited polygraph test can sue for legal and equitable relief, including employment reinstatement, promotion, and payment of lost wages and benefits.
- Increased Scrutiny: The absence of mandatory posters is a red flag for DOL investigators, potentially triggering a full audit of your pay practices, overtime calculations, and child labor compliance, where penalties can be severe (e.g., up to $2,374 per violation for child labor).
- Business Operational Risk: Lease agreements often require compliance with all federal laws. A significant DOL fine or lawsuit could jeopardize your standing with a landlord or lender. Furthermore, your business insurance provider may question your risk management practices if you are found negligent in posting basic federal labor notices.
Legal code: Fair Labor Standards Act (FLSA), Family and Medical Leave Act (FMLA), Davis-Bacon Act, Service Contract Act
Recent update: The mandatory Federal minimum wage poster, which is typically displayed alongside the EPPA poster, was last updated by the DOL in January 2025; while the EPPA poster content itself has not changed, it is a best practice to ensure all your displayed labor law posters are the current versions.
Who Needs a Employee Polygraph Protection Act (EPPA) Poster?
| Type | Required | Notes |
|---|---|---|
| Restaurant (Full-Service) | Required | Required, as the EPPA applies to all employers engaged in commerce affecting interstate commerce under 29 U.S.C. § 2002, which includes almost all restaurants. |
| Bar / Nightclub | Required | Required, as businesses selling alcohol for on-premises consumption are typically considered employers subject to the federal EPPA's posting rules. |
| Food Truck | Required | Required; mobile food vendors with employees are covered employers under the EPPA and must display the poster. |
| Coffee Shop / Café | Required | Required; any establishment with employees engaged in interstate commerce, such as purchasing supplies across state lines, must post the EPPA notice. |
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 you employ one or more individuals at any point in the year; the EPPA posting requirement applies to all employers with workers, not just full-time staff.
COMMON MISTAKE: Owners selecting 'No' because they are the sole operator, but the law still applies if they have any hired help, contractors paid via W-2, or part-time staff, leading to a compliance gap.
Number of Employees
numberEnter the total number of individuals you currently employ, including part-time, full-time, and seasonal workers; this figure determines your recordkeeping obligations under the FLSA, which the EPPA poster is a part of.
COMMON MISTAKE: Entering an incorrect or estimated count instead of the exact current headcount, which can trigger discrepancies during a DOL audit and complicate other federal poster requirements.
Primary Workplace Address
addressProvide the complete street address, city, state, and ZIP code where your employees primarily report for work and where the EPPA poster must be physically displayed.
COMMON MISTAKE: Using a P.O. Box, a home office address for an owner who works remotely, or an incorrect suite number, which fails to specify the actual employee worksite required for compliance verification.
Has Multiple Work Locations
booleanSelect 'Yes' if you operate more than one physical site where employees work, such as a separate kitchen, storage facility, or additional restaurant location.
COMMON MISTAKE: Selecting 'No' when you have a secondary location like a commissary or catering base, which creates a violation as the EPPA poster must be displayed at all worksites where employees can see it.
Poster Display Location Description
textDescribe the specific, conspicuous place where the poster is/will be posted, e.g., 'Employee break room bulletin board next to time clock' or 'Kitchen entrance near safety notices'.
COMMON MISTAKE: Vague entries like 'in the back' or 'on a wall,' which do not demonstrate compliance with the DOL's requirement for a prominent location readily visible to all employees.
Currently Has EPPA Poster Displayed
booleanSelect 'Yes' only if the official 2026 version of the 'Employee Polygraph Protection Act' poster from the U.S. Department of Labor is currently posted at your workplace.
COMMON MISTAKE: Selecting 'Yes' when displaying an outdated poster (e.g., from before 2026), a state-specific poster, or a generic labor law poster that doesn't include the specific federal EPPA notice.
Current Poster Is Official DOL Version
booleanConfirm your displayed poster is the official version by checking for the DOL logo, publication date of 2026, and the exact title 'Employee Polygraph Protection Act'.
COMMON MISTAKE: Assuming a poster purchased from a third-party vendor or downloaded from a non-.gov website is compliant without verifying it matches the current DOL template, which is the only acceptable version.
Poster Download Date
dateEnter the date you downloaded the official EPPA poster PDF from the U.S. Department of Labor's website (dol.gov), which serves as a record of obtaining the current version.
COMMON MISTAKE: Entering the date you printed the poster or an arbitrary date; the download date is critical proof you accessed the current version after any regulatory updates.
Poster Display Date
dateProvide the date you physically posted the 2026 EPPA notice at your workplace, which should be on or after the download date and as soon as possible after hiring your first employee.
COMMON MISTAKE: Leaving this blank or entering a future date; the display date must be a past date to prove timely compliance, as violations can be cited from the first day of operation without the poster.
Confirms Understanding of Display Requirements
booleanSelect 'Yes' to affirm you understand the poster must be displayed in a conspicuous place, in English, and be readable by all employees at all times.
COMMON MISTAKE: Selecting 'Yes' without reading the DOL's specific rules, leading to improper placement (e.g., in a manager's office or a locked cabinet) that would not satisfy the 'conspicuous' requirement.
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. Posting an Outdated or Unapproved Version
Displaying an old poster or a version downloaded from an unofficial source is the most common violation. The Department of Labor updates the poster periodically, and only the official version from their website is compliant. In Memphis, using an outdated poster can result in a citation during a Wage and Hour Division audit, requiring you to cease the violation immediately and correct it. To avoid this, download the current 'Employee Polygraph Protection Act' poster directly from the Tennessee Department of Labor & Workforce Development website or the federal DOL website, and verify the revision date.
2. Failing to Post in a Conspicuous Location
Tucking the poster in a back office, break room cabinet, or an employee-only area with limited access does not meet the 'conspicuous' requirement. The law mandates it be placed where employees and applicants can readily see it. In Memphis, this typically means a common area like a bulletin board in the break room, near the time clock, or adjacent to other required labor law postings. Failure to do so can be deemed a willful violation if an investigation finds it was hidden, potentially leading to fines. Always post it at eye level in a high-traffic, well-lit employee area.
3. Not Posting It at All (Assuming It Doesn't Apply)
Some restaurant owners mistakenly believe the EPPA only applies to industries that use lie detectors, so they don't post it. The EPPA poster is required for almost all private employers, including restaurants, regardless of whether you use polygraphs. Based on ApronPrep's analysis of compliance checks, this omission is a frequent finding in Memphis hospitality. The consequence is a direct violation notice from the DOL, which can trigger a broader investigation into other posting requirements. To avoid this, treat the EPPA poster as a mandatory part of your federal and state labor law posting set, which must be displayed by all covered employers.
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Employee Polygraph Protection Act (EPPA) Poster by City in Tennessee
| City | Fee Range | Timeline |
|---|---|---|
| Knoxville | ||
| Memphis | ||
| Nashville |
Timeline: Varies
Download the Required Poster
Visit the U.S. Department of Labor's (DOL) website to download the official "Employee Polygraph Protection Act" poster (Form WH-1462). This is the only legally required version. You must have internet access and a printer capable of printing on letter-sized (8.5" x 11") paper. The DOL does not charge a fee for the poster file. Common errors include downloading outdated versions or using posters from commercial vendors that are not DOL-approved.
Print and Post the Notice
Print the poster on durable paper. Post it immediately in a conspicuous place where all employees and job applicants can see it, such as a common break area or near other required labor law notices (e.g., minimum wage, OSHA). The law requires this posting for all employers engaged in interstate commerce. The most frequent compliance failure is posting it in an office or area not accessible to all employees, like a manager-only space.
Maintain Compliance Records
Keep a dated record of when and where you posted the EPPA notice. This is not a formal filing but a critical internal record. If the DOL conducts an investigation, they can request proof of compliance. You need a simple log or a dated photo of the posted notice. Lacking documentation can result in penalties even if the poster was physically displayed.
Other Requirements You'll Need
This is one of 13 requirements for opening a restaurant in Tennessee.
ADA Compliance Self-Certification
federal
Alarm System Permit/Registration
local
Alcohol Server Training Certification
state
Annual Report Filing
state
See all co-required forms and how they connect to your compliance dossier.
See All RequirementsThis is a federal requirement with no application timeline — you are obligated to display the poster immediately upon hiring employees. The Department of Labor (DOL) provides the official poster file for download and printing. Processing time, per the DOL website, is listed as 'Varies' because your responsibility is to post it, not wait for approval.
The official government filing fee is $0–$0. The federal DOL does not charge for the poster file. Your costs involve printing the downloaded PDF, which you must do to comply. Like the separate Application for Employer Identification Number, this is a federally mandated display with no local fee.
No, the poster itself is not 'transferred.' The legal requirement is for every covered workplace to display it. If you move your restaurant, you must print and post a new copy at the new address. This is distinct from permits like a City Business License/Registration, which may need formal amendment for a new location.
You do not renew the poster itself. You must ensure the displayed version is the current one issued by the DOL. The DOL occasionally updates the poster design or language; you are responsible for replacing outdated versions. Check the DOL website annually for updates, similar to verifying your state's labor law posters.
There is no specific 'EPPA poster inspection.' However, a DOL Wage and Hour Division investigator conducting a routine audit will check for its display alongside other required postings like minimum wage and OSHA notices. Failure to display it can trigger penalties independent of the audit's original purpose. Not legal advice — contact the DOL to confirm current enforcement practices.
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 Tennessee specifically, we have analyzed compliance dossiers for 3 cities (Knoxville, Memphis, Nashville), 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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