Your restaurant opens, but without the Employee Rights Under the Fair Labor Standards Act (FLSA) Poster visibly posted, you risk immediate Department of Labor (DOL) penalties and employee disputes over wage and hour rights. This federal notice, also called the Minimum Wage and Overtime Poster, must be displayed by all employers in Oklahoma City and is enforced by the U.S. Department of Labor's Wage and Hour Division. Key facts:
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The requirement to conspicuously display the Employee Rights Under the Fair Labor Standards Act (FLSA) Poster is a direct mandate from the U.S. Department of Labor's Wage and Hour Division. There is no separate Oklahoma City or state-specific ordinance for this posting; federal law preempts local regulations for these covered employers. The mandate stems from the core federal statutes themselves, including the Fair Labor Standards Act (FLSA) (29 U.S.C. § 211), the Family and Medical Leave Act (FMLA), and related acts like the Davis-Bacon and Service Contract Acts. All covered employers—which includes most restaurants with employees engaged in interstate commerce or producing goods for it—must post the notice where employees can readily see it.
Failure to post this required notice is a violation that can trigger significant penalties during a Wage and Hour Division investigation, even if no other wage violations are found. The consequences are not limited to a simple warning and can compound with other violations:
Legal code: Fair Labor Standards Act (FLSA), Family and Medical Leave Act (FMLA), Davis-Bacon Act, Service Contract Act
Recent update: The DOL revised the mandatory FLSA poster in August 2024 to include new information on nursing mothers' pump-at-work rights under the PUMP Act; using an outdated poster is a compliance violation.
| Type | Required | Notes |
|---|---|---|
| Restaurant (Full-Service) | Required | Required under federal FLSA § 516.4 for any employer with employees engaged in interstate commerce or producing goods for it, which includes virtually all food service. |
| Bar / Nightclub | Required | Required because the FLSA enterprise coverage typically applies if the business has annual gross sales of at least $500,000, which most bars exceed. |
| Food Truck | Required | Required as the FLSA's individual coverage applies if employees are engaged in interstate commerce (e.g., handling goods from out-of-state suppliers). |
| Coffee Shop / Café | Required | Required; even smaller shops handling items like coffee beans shipped across state lines meet the FLSA's definition of interstate commerce. |
See which restaurant types need this requirement — and which don't.
See Full Requirements →Enter 'Yes' if any individual, including full-time, part-time, or seasonal workers, performs services for your restaurant and you control what will be done and how it will be done; enter 'No' only if you are a sole proprietor with zero hired help.
COMMON MISTAKE: Owners mistakenly entering 'No' when they have hired staff, which misrepresents the business and can lead to a citation for failure to post required notices.
Enter the precise headcount of all individuals on payroll, including part-time and seasonal staff, as of the date you are posting the notice; this number determines your obligations under various federal employment laws.
COMMON MISTAKE: Forgetting to include part-time or seasonal employees, which results in an undercount and non-compliance with posting requirements for businesses of a certain size.
Enter the total number of distinct physical premises where your business operates, as the FLSA poster must be displayed at each establishment where employees report for work.
COMMON MISTAKE: Only counting the main office or kitchen and neglecting separate dining rooms, bars, or remote satellite locations where employees work.
Select 'Yes' only if you are certain every single employee can read and understand English fluently; if even one employee's primary language is not English, you must select 'No' to trigger requirements for translated posters.
COMMON MISTAKE: Assuming all staff are fluent in English without verification, which violates U.S. Department of Labor guidelines and can result in fines for inadequate notice.
List the primary languages other than English spoken by your employees (e.g., 'Spanish, Vietnamese') to identify which translated FLSA posters you are legally required to display alongside the English version.
COMMON MISTAKE: Leaving this field blank when 'All English Speakers' is marked 'No,' causing a failure to order the correct translated posters and creating a compliance gap.
Select 'Yes' if you employ any workers who do not report to a physical business location, such as delivery drivers, off-site bookkeepers, or managers working from home, as this triggers specific electronic posting requirements.
COMMON MISTAKE: Overlooking delivery drivers or administrative staff who work off-site, which leads to non-compliance with the FLSA's requirement to provide notice to all employees.
List the full street addresses of every location where employees physically report for work, as the FLSA poster must be conspicuously posted in each break room or common area.
COMMON MISTAKE: Providing incomplete addresses (e.g., missing suite numbers) or listing only the corporate mailing address instead of all employee worksites.
Confirm you have downloaded the official 'Employee Rights Under the Fair Labor Standards Act' poster (Publication 1088) from the U.S. Department of Labor's website or another authorized source.
COMMON MISTAKE: Downloading an outdated or non-official version from a third-party site, which may not contain current minimum wage or overtime information and is not compliant.
Confirm you have downloaded the official DOL-translated versions for each language listed in 'Other Languages Spoken by Workforce' if you answered 'No' to 'All Employees Speak English.'
COMMON MISTAKE: Downloading posters translated by a software tool or unverified source instead of the official DOL versions, which may contain inaccuracies and lead to non-compliance.
Confirm you have physically printed the official English (and any required translated) FLSA posters to the required size (typically 11x17 inches) for display in employee common areas.
COMMON MISTAKE: Printing the poster at a reduced size (e.g., 8.5x11 inches) or in low-resolution format, making it illegible and non-compliant with DOL readability standards.
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Using a poster downloaded before April 2024 that lacks the most recent revisions, such as the updated minimum wage section or clarification on break periods. This is the leading compliance violation found during audits by the Oklahoma Department of Labor. To avoid, download the official “Employee Rights Under the FLSA” poster directly from the U.S. Department of Labor’s Wage and Hour Division website every year, as it is the sole approved version. Using any other source risks missing critical, legally-required updates.
Tacking the poster to a bulletin board in a locked manager’s office or a non-employee area like the customer restroom. The Fair Labor Standards Act requires it be posted in a conspicuous place where all employees can readily see it. A non-compliant location can lead to a citation and fines during a routine inspection. To avoid, post it in a central, high-traffic employee area, such as next to the time clock, in the kitchen break room, or by the employee entrance.
Only posting the federal FLSA poster while missing Oklahoma’s mandated workplace notices, such as the Oklahoma Minimum Wage Act poster and the Workers’ Compensation notice. Oklahoma City restaurants must display a combination of both federal and state postings. Missing required state posters is a common and separate violation that can trigger penalties from the Oklahoma Department of Labor. To avoid, obtain and post the complete Oklahoma City-specific poster set, which typically includes 5-7 separate required notices.
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| City | Fee Range | Timeline |
|---|---|---|
| Norman | ||
| Oklahoma City | ||
| Tulsa |
Download the 'Employee Rights Under the Fair Labor Standards Act' poster (Form WH-1088) directly from the U.S. Department of Labor's Wage and Hour Division website at dol.gov. It is free of charge. You must ensure you have the most current version; posters are updated periodically, and displaying an outdated poster is a compliance violation. Bookmark the DOL's posters page for easy future reference.
Print the downloaded PDF poster on letter-sized paper (8.5" x 11") in color or black and white—the DOL only requires it to be legible. Alternatively, order a professionally printed, laminated poster from an authorized commercial supplier for durability, which typically costs $10–$20. You will need access to a printer or a supplier's website. Having multiple copies is advised if you have several break rooms or locations.
Physically post the FLSA poster in a prominent area where employees can easily read it, such as a break room, near time clocks, or alongside other required labor law notices. In Oklahoma City, this satisfies the federal posting requirement. For employees who telework or do not visit the worksite, the DOL requires you to provide the poster electronically (e.g., via company intranet or email). Failing to post in a conspicuous location is a common citation during investigations.
This is one of 13 requirements for opening a restaurant in Oklahoma.
federal
local
federal
state
See all co-required forms and how they connect to your compliance dossier.
See All RequirementsProcessing time varies significantly, as obtaining the poster itself is instantaneous from the U.S. Department of Labor website. The key timeline is for printing and posting it, which should be done before your first employee starts work. Contact the U.S. DOL Wage and Hour Division to confirm any shipping times for physical copies, which are free.
The government filing fee for the FLSA poster is $0–$0. The required poster is provided free of charge by the U.S. Department of Labor. You are responsible for printing or display costs if you obtain it digitally, which is the most common method. Not legal advice — verify with the DOL.
Yes, the poster itself is not location-specific; it is a federal requirement. You must post a current version at each of your business establishments where employees work. If you move your business, you need to post a new one at the new address, similar to updating your Employer Identification Number records.
You do not renew a poster, but you must ensure your displayed poster is the current version. The DOL updates the poster when minimum wage or other information changes, as noted in the Contractor Payment and Tax Reporting Forms guidance. It's your responsibility to check the DOL website periodically and replace outdated posters immediately.
A DOL Wage and Hour Division investigator will check if the official poster is displayed prominently where all employees can readily see it, typically in a break room or common area. They will verify it's the most recent version and note any violations, which can lead to citations. No physical inspection of the premises beyond verifying the poster's presence is typically conducted for this specific requirement.
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 Oklahoma specifically, we have analyzed compliance dossiers for 3 cities (Norman, Oklahoma City, Tulsa), 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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