Federal labor law violations carry penalties up to $1,100 per violation, making a missing or outdated mandatory wage and hour poster a direct risk for a restaurant owner. You are required by the U.S. Department of Labor to display the Employee Rights Under the Fair Labor Standards Act (FLSA) Poster, also called the minimum wage poster, visibly in your Aurora establishment. Key facts:
Analyzed from Employee Rights Under the Fair Labor Standards Act (FLSA) Poster
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The Employee Rights Under the Fair Labor Standards Act (FLSA) Poster is a mandatory federal workplace notice required by the U.S. Department of Labor’s Wage and Hour Division. In Aurora, Colorado, as in all U.S. cities, your restaurant or business is governed by federal statutes including the Fair Labor Standards Act (FLSA) and the Family and Medical Leave Act (FMLA). The federal Fair Labor Standards Act provides the foundational authority (29 U.S.C. § 201 et seq.), mandating that all covered employers display a poster informing employees of their rights to minimum wage, overtime, and other protections. This is not a local Aurora ordinance, but a federal requirement that applies to virtually every business with employees, and it's one of the first things a DOL investigator will check during a visit.
Failing to display the correct, up-to-date poster can be a standalone violation that triggers penalties, even if no underlying wage violation is found. Consequences for non-compliance are significant and can include:
Legal code: Fair Labor Standards Act (FLSA), Family and Medical Leave Act (FMLA), Davis-Bacon Act, Service Contract Act
Recent update: In 2025, the U.S. Department of Labor issued an updated version of the FLSA poster to reflect new FMLA military leave provisions and the most current minimum wage information, making any poster printed before this date non-compliant.
| Type | Required | Notes |
|---|---|---|
| Restaurant (Full-Service) | Required | Required under 29 CFR § 516.4; engages in interstate commerce with annual gross sales exceeding $500,000 and employs hourly staff subject to FLSA minimum wage and overtime rules. |
| Bar / Nightclub | Required | Required under 29 U.S.C. § 211; considered an enterprise engaged in commerce with employees handling goods or providing services across state lines, exceeding the FLSA's enterprise coverage threshold. |
| Food Truck | Required | Required under 29 CFR § 516.4; typically engages in interstate commerce through supply purchases or sales, and its individual employees are covered by FLSA's individual coverage provisions. |
| Coffee Shop / Café | Required | Required under 29 CFR § 516.4; if enterprise gross sales exceed $500,000 annually or individual employees handle goods in interstate commerce, triggering FLSA enterprise or individual coverage. |
See which restaurant types need this requirement — and which don't.
See Full Requirements →Select 'Yes' if your business currently has or will have at least one employee, including part-time, full-time, or family members; select 'No' only if your business operates entirely with independent contractors and you have no paid employees.
COMMON MISTAKE: Mistaking independent contractors for employees; businesses with even one paid employee must select 'Yes' to remain in compliance and trigger the FLSA poster requirement.
Enter the total count of all employees working for your business, including part-time, full-time, seasonal, and temporary workers; use your current or projected headcount at the time of display.
COMMON MISTAKE: Forgetting to include part-time workers or seasonal staff, which can misrepresent your coverage under FLSA and related state notice requirements.
Enter the total number of distinct physical worksites or business addresses you operate where employees report for work, as each location typically requires its own poster.
COMMON MISTAKE: Counting a corporate office separately from a retail storefront when they are at the same address, or failing to list a secondary warehouse or kitchen.
Select 'Yes' only if every single employee in your workforce can read and understand English proficiently; if any employee primarily uses another language, select 'No'.
COMMON MISTAKE: Assuming that because a manager speaks English, all employees do; this mistake can lead to non-compliance with Department of Labor rules requiring translated posters for non-English speaking workers.
List all languages, other than English, that are spoken by any of your employees as their primary or preferred language for reading workplace notices (e.g., 'Spanish, Chinese-Mandarin').
COMMON MISTAKE: Listing only the most common secondary language and missing others, which can result in failing to provide legally required translated posters for all affected employees.
Select 'Yes' if you employ any workers who perform their duties primarily from a home office or other location not under your direct physical control.
COMMON MISTAKE: Not considering hybrid workers or field sales staff as 'remote,' which can lead to incomplete poster distribution and violation of FLSA posting rules for all work sites.
Enter the complete street addresses for all your business locations where employees physically report for work, separated by commas or semicolons.
COMMON MISTAKE: Using P.O. Boxes instead of street addresses, or omitting satellite locations, which are required for verifying poster placement compliance during inspections.
Select 'Yes' once you have successfully downloaded the official, current version of the 'Employee Rights Under the FLSA' poster from the U.S. Department of Labor website or a verified source.
COMMON MISTAKE: Downloading an outdated poster or one from a non-governmental third-party site that may contain incorrect or missing information, invalidating compliance.
Select 'Yes' if you have downloaded the required FLSA posters translated into all the languages listed in the 'Additional Languages' field from the Department of Labor's official translation library.
COMMON MISTAKE: Assuming translated posters are optional or downloading unofficial translations, which do not satisfy the legal requirement and can result in fines per non-English speaking employee.
Select 'Yes' after you have physically printed the official FLSA poster(s) at a readable size (typically 11x17 inches or larger) on durable paper for display in each workplace.
COMMON MISTAKE: Displaying a poster on a computer monitor or digital screen only, which is not compliant for most non-remote workplaces; physical posting is required in a conspicuous area.
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Displaying a poster from before April 2024 that does not reflect current federal minimum wage ($7.25) or overtime rules. Federal and state enforcement inspections classify this as a violation, potentially resulting in fines per employee and undermining legal defensibility. Always download the current "Employee Rights Under the FLSA" poster directly from the U.S. Department of Labor's Wage and Hour Division website to ensure compliance.
Placing the poster in a back office, break room that is rarely used, or another area not frequented by all employees. The Fair Labor Standards Act requires the poster be displayed where all employees can readily see it. A common example that leads to citations is posting it only in a manager's office—this fails the 'readily seen' test and can be flagged during a routine DOL investigation.
Posting only the English version when a significant portion of your workforce primarily speaks another language. While federal law does not mandate specific languages, DOL guidance and Colorado state practice advise that if a substantial number of employees are not proficient in English, providing the poster in their language is necessary for effective notice. In Aurora, neglecting this for a Spanish-speaking crew can be seen as a failure to inform employees of their rights.
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| City | Fee Range | Timeline |
|---|---|---|
| Aurora | ||
| Colorado Springs | ||
| Denver |
For an Aurora restaurant, you are required to display both the federal 'Employee Rights Under the Fair Labor Standards Act (FLSA)' poster and the Colorado 'Wage and Hour / Minimum Wage' poster. The FLSA poster is mandated by the U.S. Department of Labor (DOL), and the Colorado poster by the Colorado Department of Labor and Employment (CDLE). Obtain and cross-reference the latest versions from both agencies—mixing up older versions is a common compliance error during inspections.
Download the federal FLSA poster (Form WH-1088) for free from the DOL's Wage and Hour Division website. Simultaneously, download the required Colorado poster from the CDLE's website. You can also order physical copies by mail from these agencies, though delivery times vary. The key is to acquire them directly from the .gov source; using third-party vendors risks outdated or non-compliant versions, which do not satisfy the legal posting requirement.
Print the downloaded posters on durable paper (at least 11x17 inches for readability). You must display them in a conspicuous place where all employees can readily see them, such as a break room, time clock area, or near employee lockers. In Colorado, you must also post the 'Notice to Employees' (Workers' Compensation) poster alongside these. Laminating the posters is recommended for protection. Failure to post in an area frequented by all employees is the most common reason for citation.
This is one of 13 requirements for opening a restaurant in Colorado.
federal
local
federal
state
See all co-required forms and how they connect to your compliance dossier.
See All RequirementsThe timeline is immediate. The U.S. Department of Labor (DOL) provides the required FLSA poster for free download and printing directly from their website, so you can obtain it as soon as you need it for your establishment. While physical posting takes no time to arrange, you must also secure other local employment notices, such as the Colorado COMPS Order Poster, which has its own display requirements per Colorado law.
The government filing fee is $0. The U.S. DOL does not charge for the official FLSA poster, which you can download and print yourself. However, if you choose to purchase a laminated or combined poster set from a commercial vendor, those are private costs and not a government fee. Not legal advice—verify poster requirements with the U.S. Department of Labor.
Yes, the physical poster itself is transferable if it remains in good, legible condition. The FLSA posting requirement is tied to your status as a covered employer, not to a specific address. When you move, you must ensure the poster is displayed at the new worksite; this is separate from location-specific permits like an City Business License/Registration, which must be updated with the City of Aurora.
You do not renew the poster on a set schedule, but you must replace it whenever the DOL publishes an updated version. The DOL will announce updates on its website; it is the employer's responsibility to obtain and post the current version. There is no renewal fee, but failure to display the most current poster can result in compliance penalties during an investigation.
A DOL Wage and Hour Division investigator will check for the poster's presence and currency in a conspicuous place where employees can readily see it. The inspection is typically part of a broader audit of pay records and practices, not just a poster check. If the poster is missing or outdated, it can be cited as a violation, potentially leading to fines and triggering a deeper review of your wage and hour compliance.
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 Colorado specifically, we have analyzed compliance dossiers for 3 cities (Aurora, Colorado Springs, Denver), generating Rich FILs (Form Intelligence Layers) with 18 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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