Opening your Springfield restaurant without the mandatory federal Employee Rights Under the Fair Labor Standards Act (FLSA) Poster displayed puts you at immediate risk of Department of Labor (DOL) fines and employee complaints. This federal requirement, also called the Federal Minimum Wage Poster, must be posted by all employers covered by the FLSA, including most restaurants. 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 posting required for all covered employers under the Fair Labor Standards Act. While federal law sets the requirement, enforcement in Springfield, Massachusetts, is managed by the U.S. Department of Labor's Wage and Hour Division (WHD). The poster consolidates notices for several federal statutes, including the Fair Labor Standards Act (FLSA) itself, which mandates minimum wage, overtime pay, and youth employment standards; the Family and Medical Leave Act (FMLA); the Davis-Bacon Act; and the Service Contract Act. There is no state-level replacement for this poster in Massachusetts; the federal version is the one you must display.
Failure to conspicuously post this notice where employees can readily see it can lead to significant penalties during a WHD investigation, regardless of whether other wage violations are found. Consequences include:
Legal code: Fair Labor Standards Act (FLSA), Family and Medical Leave Act (FMLA), Davis-Bacon Act, Service Contract Act
Recent update: In 2024, the U.S. Department of Labor updated the FLSA poster to revise certain employer reporting requirements related to the Employee Polygraph Protection Act (EPPA) section of the notice.
| Type | Required | Notes |
|---|---|---|
| Restaurant (Full-Service) | Required | Required because FLSA coverage applies to enterprises with annual gross sales of at least $500,000, a threshold virtually all full-service restaurants meet. |
| Bar / Nightclub | Required | Required as establishments serving alcohol for on-premises consumption are explicitly covered under FLSA's 'enterprise' coverage rules per 29 CFR § 779.238. |
| Food Truck | Required | Required because food trucks typically engage in interstate commerce (supply sourcing, potential travel), bringing them under FLSA coverage regardless of annual sales volume. |
| Coffee Shop / Café | Required | Required as retail or service establishments with annual gross sales exceeding $500,000 are covered enterprises under FLSA § 3(s)(1)(A)(ii). |
See which restaurant types need this requirement — and which don't.
See Full Requirements →Enter 'Yes' if you have any employees, including full-time, part-time, or temporary workers, as the FLSA posting requirement only applies to businesses with employees, not to sole proprietorships with no staff.
COMMON MISTAKE: Selecting 'No' when you have even one part-time employee, which is a common error for new restaurant owners who may not consider family members or occasional helpers as 'employees,' leading to non-compliance.
Enter the exact number of individuals you employ at your Springfield location(s), as this number determines your coverage under both federal and Massachusetts wage laws, including the state's $15 minimum wage.
COMMON MISTAKE: Under-counting by excluding tipped staff, dishwashers, or delivery drivers, which can misrepresent your business size and lead to penalties if an audit finds you failed to post for all covered employees.
Enter the number of distinct physical premises you operate in Massachusetts, as the U.S. Department of Labor requires a poster at each establishment where employees report for work.
COMMON MISTAKE: Counting only a primary restaurant while omitting a separate prep kitchen or catering facility, which is a separate 'location' requiring its own poster under DOL interpretation.
Select 'Yes' only if every single employee can read and understand English; if any worker primarily uses another language, you must select 'No' and acquire the corresponding translated poster.
COMMON MISTAKE: Selecting 'Yes' because most staff speak English, while one or two kitchen workers do not—this violates the DOL's 'primary language' rule and is a top citation reason during investigations.
List the primary languages other than English spoken by your employees (e.g., 'Spanish, Portuguese, Haitian Creole') to determine which translated FLSA posters you are legally required to display alongside the English version.
COMMON MISTAKE: Leaving this blank when 'All English Speakers' is marked 'No,' or listing dialects instead of the official DOL-available languages (like 'Spanglish'), which does not fulfill the legal requirement.
Select 'Yes' if any employees perform work from a home office or other remote location, as the DOL requires these workers to have electronic access to the poster or a hard copy mailed to them.
COMMON MISTAKE: Assuming remote posting rules don't apply to occasional teleworkers or delivery drivers, which can result in a violation; the rule applies to any employee not regularly at a physical workplace.
List the full street addresses of all locations where employees work, as each requires a physically posted notice in a conspicuous area frequented by employees, like a break room or time clock.
COMMON MISTAKE: Providing only a P.O. Box or corporate office address instead of the actual restaurant kitchen and dining area addresses where staff work, which does not satisfy the 'place of work' posting requirement.
Confirm you have downloaded the official 'Employee Rights Under the FLSA' poster (WH Publication 1088) from the U.S. Department of Labor website—using outdated or third-party versions can lead to fines.
COMMON MISTAKE: Downloading an expired poster (check for the current revision date) or using a state-only notice, which does not satisfy the federal requirement; the federal poster must be displayed even if a state poster is also used.
Confirm you have downloaded the required translated versions from the DOL website for each language listed in 'Additional Languages,' as displaying only the English version for a multilingual workforce is a violation.
COMMON MISTAKE: Assuming employees will 'figure it out' or using machine-translated posters instead of the official DOL translations, which are the only versions accepted as compliant during an investigation.
Confirm the official poster(s) have been printed legibly at 11x17 inches or larger and are ready for posting; the DOL requires them to be easily readable from a normal viewing distance.
COMMON MISTAKE: Printing at letter size (8.5x11) or in low-resolution format, making text illegible, which is treated as equivalent to not posting at all and can trigger a fine on first inspection.
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Posting a downloaded poster from an unofficial source or an outdated version (e.g., not the current "Rev. June 2023") is a common violation. The DOL updates the poster for legal changes; an old version may omit required information. Always download the current English and Spanish versions directly from the Massachusetts Department of Labor Standards or the federal Wage and Hour Division website to avoid citations.
Tucking the poster in a back office, break room cabinet, or a low-traffic area fails the "conspicuous place" requirement. It must be where all employees can readily see it, like near the time clock or main employee entrance. Inspectors specifically check visibility; improper placement can result in fines even if the poster is physically on-site.
In Springfield, where a significant portion of the workforce may speak Spanish, posting only the English version is insufficient if you have Spanish-speaking employees. Federal and state guidance requires providing the poster in languages spoken by a substantial number of employees. Not doing so can lead to complaints and penalties for failing to inform workers of their rights.
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| City | Fee Range | Timeline |
|---|---|---|
| Boston | ||
| Springfield | ||
| Worcester |
Determine exactly which federally required workplace posters apply to your Springfield restaurant by checking the U.S. Department of Labor's (DOL) 'FirstStep Poster Advisor' tool on their website. You will need your NAICS code (722511 for Full-Service Restaurants or 722513 for Limited-Service) and number of employees. This step is critical because the required FLSA poster (WH Publication 1088) is often bundled with other mandatory federal and Massachusetts notices, like the Massachusetts Minimum Fair Wage law poster.
Obtain your posters directly from the issuing agencies to ensure they are current and legally compliant. The federal FLSA poster (WH-1088) is available as a free PDF download from the DOL's Wage and Hour Division website. You must also download the required Massachusetts Minimum Fair Wage poster from the Massachusetts Attorney General's Office website. Never rely on posters from unofficial commercial websites, as they may be outdated or missing critical state-specific language, which is a common compliance failure.
Print the downloaded PDFs on durable paper (at least 8.5" x 11") and post them in a conspicuous place where employees can readily see them, such as a break room, near time clocks, or next to employee schedules. Federal and state law requires them to be displayed at all times. Laminating them is a best practice to prevent damage. For businesses with remote employees, electronic posting on a shared company intranet or portal is also required by DOL guidance.
This is one of 13 requirements for opening a restaurant in Massachusetts.
federal
local
local
state
See all co-required forms and how they connect to your compliance dossier.
See All RequirementsTiming varies, as the FLSA poster is a federal document you must display immediately upon hiring employees. You can download and print it from the U.S. Department of Labor's website instantly; there is no government processing time. This contrasts with permits like a Building Permit, which has a defined review timeline.
Government filing fees for the federal FLSA poster are $0–$0, as the U.S. Department of Labor provides it free of charge. You may incur minimal costs for printing and laminating it for display. This is different from local permits like an Alarm System Permit/Registration, which has a separate fee schedule. Not legal advice — verify with the DOL.
No, the poster itself is not transferable as a permit. The requirement is tied to your business and its workforce, not a specific license number. When you move locations, you simply need to ensure a current FLSA poster is displayed at the new premises, as compliance is required at every worksite where covered employees are present.
You do not renew the poster on a set schedule. The requirement is continuous—you must display it as long as you have employees covered by the FLSA. However, you are responsible for replacing it with an updated version if the federal government revises the poster; this happens infrequently, so check the DOL website annually for updates.
A federal or state wage-hour investigator, or sometimes a local health inspector, will check for the poster's presence during a compliance visit. They verify it's the current version, posted conspicuously where all employees can see it (e.g., a break room). Failure to display it can trigger a formal investigation into other wage and hour practices, leading to penalties.
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 Massachusetts specifically, we have analyzed compliance dossiers for 3 cities (Boston, Springfield, Worcester), 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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