Without the required Employee Rights Under the Fair Labor Standards Act (FLSA) Poster—also known as the federal minimum wage poster—prominently displayed, your Miami restaurant faces an immediate and avoidable compliance risk. This federal requirement, enforced by the U.S. Department of Labor (DOL) in Florida, must be displayed to inform employees of their rights regarding minimum wage, overtime, and youth employment. Key facts:
Analyzed from Employee Rights Under the Fair Labor Standards Act (FLSA) Poster
83% from one compliance interview
Manual entry or document upload required
The requirement to display a workplace poster outlining Employee Rights Under the Fair Labor Standards Act (FLSA) is a federal mandate enforced by the U.S. Department of Labor Wage and Hour Division (WHD). All employers covered by the FLSA must prominently display this poster, which consolidates information from several key statutes including the Fair Labor Standards Act (FLSA), the Family and Medical Leave Act (FMLA), the Davis-Bacon Act, and the Service Contract Act. In Florida and Miami, there are no additional local ordinances requiring a different poster; compliance is based solely on these federal laws. The WHD provides specific approved versions of this "All-in-One" poster for industries covered by the Davis-Bacon and Service Contract Acts, and a general version for others.
Failure to post this mandatory notice can trigger significant enforcement actions and financial penalties from the WHD. Practical consequences include:
Legal code: Fair Labor Standards Act (FLSA), Family and Medical Leave Act (FMLA), Davis-Bacon Act, Service Contract Act
Recent update: The WHD updated the civil money penalty amounts for child labor violations in 2026, increasing the maximum to $2,374 per violation.
| Type | Required | Notes |
|---|---|---|
| Restaurant (Full-Service) | Required | The FLSA's general coverage and the Wage and Hour Division's enforcement position require any business with employees engaged in interstate commerce or producing goods for it to display the poster, which applies to virtually all restaurants. |
| Bar / Nightclub | Required | Bars and nightclubs with employees are covered enterprises under the FLSA, with annual gross sales typically exceeding the $500,000 threshold, making the poster mandatory. |
| Food Truck | Required | Food trucks with employees are engaged in interstate commerce (e.g., purchasing supplies across state lines), which triggers FLSA coverage and the poster requirement. |
| Coffee Shop / Café | Required | Coffee shops that have employees and engage in interstate commerce (e.g., using credit card transactions or purchasing goods from out of state) must post the FLSA notice. |
See which restaurant types need this requirement — and which don't.
See Full Requirements →Enter 'Yes' if your business has any employees, including part-time, full-time, or seasonal workers; enter 'No' only if you are a sole proprietor with no hired staff.
COMMON MISTAKE: Selecting 'No' when you have hired staff, which can lead to non-compliance penalties because the FLSA poster requirement applies to any employer with employees.
Enter the total number of individuals you employ at all locations, including remote workers, as of the date you acquire the poster.
COMMON MISTAKE: Entering an inaccurate or outdated count; this field is used by authorities to verify employer size thresholds for other labor law notices.
Enter the number of distinct physical establishments or workplaces where you have employees, including separate storefronts, kitchens, or offices.
COMMON MISTAKE: Counting only the primary office and omitting satellite locations, which could result in insufficient posters posted per the 'each workplace' requirement.
Select 'Yes' only if every employee in your workforce can read and understand the English-language FLSA poster; otherwise, select 'No'.
COMMON MISTAKE: Assuming bilingual employees count as 'English speakers' and selecting 'Yes,' which may violate the requirement to provide posters in a language employees understand.
List the primary languages other than English that your employees speak and read, such as 'Spanish' or 'Vietnamese,' to determine if translated posters are needed.
COMMON MISTAKE: Listing languages informally (e.g., 'Spanglish') or omitting a language, which can lead to failure to obtain the correct translated poster from the DOL.
Select 'Yes' if you employ any individuals who primarily work from a location other than your physical business address, such as from home.
List the full street addresses of all physical locations where employees work, used to confirm the number of posters required for compliance.
COMMON MISTAKE: Providing incomplete addresses (missing suite numbers) or only the main corporate address, which doesn't account for all posting locations.
Select 'Yes' after you have successfully downloaded the official 'Employee Rights Under the FLSA' poster from the U.S. Department of Labor website.
COMMON MISTAKE: Selecting 'Yes' after downloading a poster from a non-governmental source, which may be outdated or non-compliant.
Select 'Yes' only if you have downloaded the official DOL-translated version(s) for the languages listed in the 'additional_languages' field.
COMMON MISTAKE: Downloading unofficial translations or selecting 'Yes' when no translated posters are needed, creating confusion during compliance verification.
Select 'Yes' after you have physically printed the downloaded poster(s) on paper, ready for posting in the workplace.
ApronPrep auto-fills 15 of 18 fields from a single compliance interview — no re-typing, no guessing what the government expects.
Using the federal-only FLSA poster or a version that does not include the required Florida Minimum Wage notice. The FLSA poster you must display is the federal "Employee Rights Under the FLSA" poster, which has been updated to incorporate state-specific minimum wage information for Florida. Posting an old or generic version fails to comply with both federal law and Florida Statute § 448.110, which mandates the combined notice.
Placing the poster in a back office, break room only managers use, or a locked area. The U.S. Department of Labor requires it to be posted where employees can readily see it, typically in common areas like where other employment notices are posted. An inaccessible posting is treated as a failure to post, which can lead to penalties during a Wage and Hour Division investigation.
Posting only the English version when a significant portion of your staff primarily speaks Spanish or another language. While the DOL provides the official poster in multiple languages, the requirement is to ensure employees understand their rights. In areas like Miami with large non-English speaking populations, failing to provide accessible translations can be cited as a lack of compliance, putting you at risk during an audit or employee complaint.
ApronPrep auto-fills 15 of 18 fields from one compliance interview.
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| City | Fee Range | Timeline |
|---|---|---|
| Jacksonville | ||
| Miami | ||
| Tampa |
Access the federal Wage and Hour Division's website to obtain the most current "Employee Rights Under the Fair Labor Standards Act (FLSA)" poster in PDF format. Ensure you download the English version at minimum; download the Spanish version if any employees speak Spanish. Using outdated or non-official versions from third-party websites can result in non-compliance, as the DOL updates the poster content when regulations change. Verify the poster includes the current minimum wage of $7.25 per hour.
Print the downloaded PDF on 11" x 17" paper to ensure the text is clearly legible. The DOL requires the poster to be displayed "conspicuously," meaning in a place where employees can readily see it, such as a common area, break room, or near time clocks. Laminating the poster or placing it in a durable frame protects it from damage. A common oversight is printing it on standard 8.5" x 11" paper, which may not meet the conspicuous posting standard and could be cited during a DOL investigation.
Display the printed FLSA poster in your Miami restaurant alongside the Florida-specific required labor law posters. You must obtain and post separate Florida notices for minimum wage, unemployment compensation, and workers' compensation. Display all posters in the same prominent location. Failure to post the complete set of both federal and state notices is the most common citation for Florida businesses, as state inspectors and DOL investigators will check for all required postings during a visit.
This is one of 13 requirements for opening a restaurant in Florida.
federal
local
state
federal
See all co-required forms and how they connect to your compliance dossier.
See All RequirementsThe timeline for obtaining a compliant FLSA poster is immediate. You do not get the poster from a Miami authority; you acquire or download it directly from federal sources like the U.S. Department of Labor (DOL). Once you have the poster, placement is instant. Processing times vary for other compliance requirements, like a Building Permit, which can take weeks to months for review.
There are no government filing fees for obtaining the FLSA poster itself. The official fee range from Miami authorities is $0–$0, per the federal DOL regulations. You can download the poster free from the DOL website or purchase physical copies from private vendors. Note that other local permits, such as a City Business License/Registration, have distinct filing fees you must pay to the City of Miami.
No, a poster cannot be 'transferred.' The federal FLSA posting requirement applies independently to each covered workplace. If you open a new restaurant location, you must post a new, current FLSA poster there immediately. This is a separate requirement from a local permit transfer, which some local documents like a Certificate of Occupancy might require. Contact the DOL to confirm posting rules for multiple establishments.
You do not renew the poster itself; you must ensure the poster displayed is the current version issued by the U.S. Department of Labor. The DOL updates the poster content when federal minimum wage or other FLSA provisions change. You should check the DOL website annually for updates and replace outdated posters. This maintenance is similar to ensuring other federal requirements, like your EFTPS Enrollment, remain active and current.
During a federal or state labor inspection, agents will verify the FLSA poster is displayed in a conspicuous place where all employees can see it, typically in a common area like a break room. They check that it is the current, official version and is not damaged or obscured. Failure to display the correct poster can result in citations and penalties, independent of any local violations found during a separate inspection for permits like a Certificate of Occupancy. For specific inspection protocols, contact the DOL or Florida Department of Economic Opportunity.
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 Florida specifically, we have analyzed compliance dossiers for 3 cities (Jacksonville, Miami, Tampa), 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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