Operating without the required Employee Rights Under the Fair Labor Standards Act (FLSA) Poster, also known as the Federal Minimum Wage poster, exposes your Portland restaurant to Department of Labor (DOL) investigations and penalties. This is a federal mandate, but the DOL enforces it locally for all Oregon employers.
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 federal workplace posting mandated by the U.S. Department of Labor (Wage and Hour Division). The requirement is rooted in the Fair Labor Standards Act (FLSA) itself, which sets standards for minimum wage, overtime pay, recordkeeping, and youth employment. Related federal acts like the Family and Medical Leave Act (FMLA), Davis-Bacon Act, and Service Contract Act also require their specific notices to be displayed. While Portland, Oregon, has its own state-specific labor posters (covering Oregon minimum wage, paid leave, and safe workplace laws), the federal FLSA poster is a separate, non-negotiable requirement for virtually all employers with covered employees. It is often referred to as the "federal labor law poster" or "minimum wage and overtime poster." Displaying this notice is a basic recordkeeping obligation under 29 CFR Part 516.
Failure to conspicuously post this required notice can trigger enforcement actions and financial penalties during a Department of Labor audit or employee complaint investigation. The practical consequences are significant:
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 updated the official FLSA poster to reflect the new federal minimum wage of $10.50 per hour, which took effect July 30, 2025; employers must display this current version.
| Type | Required | Notes |
|---|---|---|
| Restaurant (Full-Service) | Required | Required, as the FLSA covers enterprises with annual gross sales of at least $500,000, which almost all full-service restaurants meet, and they have employees engaged in interstate commerce. |
| Bar / Nightclub | Required | Required under the FLSA's enterprise coverage for businesses with gross annual sales over $500,000, and because employees handle goods or services moving in interstate commerce (e.g., credit card transactions, alcohol distribution). |
| Food Truck | Required | Required, as food trucks typically engage in interstate commerce through supply chains and transactions, and most meet the FLSA's $500,000 enterprise coverage threshold or engage in individual coverage activities. |
| Coffee Shop / Café | Required | Required; even smaller cafes are almost always covered by the FLSA's individual coverage because employees regularly handle or work on goods that have moved in interstate commerce (e.g., coffee beans, supplies, credit card payments). |
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 or family members, as the FLSA poster requirement applies to virtually all employers with workers.
COMMON MISTAKE: Selecting 'No' to avoid the requirement, which is a direct violation; all businesses with employees must post the FLSA notice.
Enter the total count of all individuals on your payroll, including part-time, temporary, and seasonal workers, as this determines compliance scope.
COMMON MISTAKE: Entering '0' or '1' inaccurately; underreporting employee count can lead to audits for willful non-compliance.
Enter the number of distinct physical sites where employees work, as a poster is required at each establishment.
COMMON MISTAKE: Only counting the main office; failing to include satellite kitchens, food trucks, or remote pick-up points where employees report.
Select 'Yes' only if every employee can read and understand English proficiently; if not, you must also post the official translated version.
COMMON MISTAKE: Assuming employees understand English; if any worker does not, and only the English poster is displayed, it's considered non-compliant.
List the primary non-English languages spoken by your workforce (e.g., 'Spanish, Vietnamese') to identify which official translated posters you must download.
COMMON MISTAKE: Leaving blank when 'All Employees Speak English' is 'No'; this omission can delay acquiring the correct translated posters.
Select 'Yes' if you have any employees who work exclusively from a home office or other remote location.
COMMON MISTAKE: Not considering delivery drivers or off-site catering staff as remote workers, which are covered under FLSA posting rules.
List the full street addresses of all locations where employees work, which is used to verify poster placement requirements per site.
COMMON MISTAKE: Only listing the corporate mailing address; inspectors need the specific employee worksite addresses for compliance checks.
Confirm you have downloaded the current 'Employee Rights Under the Fair Labor Standards Act' poster from the U.S. Department of Labor's website.
COMMON MISTAKE: Downloading an outdated poster or one from a third-party vendor that isn't the official DOL version, which is not compliant.
Confirm you have downloaded the official DOL-translated posters for each language identified as needed for your workforce.
COMMON MISTAKE: Using Google-translated or commercially altered versions instead of the official DOL Spanish, Chinese, or other language posters.
Confirm the official poster(s) have been printed and are ready for physical display in a conspicuous area at each workplace.
COMMON MISTAKE: Assuming digital display on an intranet is sufficient; the FLSA requires a physical poster in a common area where employees can see it.
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Using a poster from the Department of Labor (DOL) that does not reflect current federal minimum wage ($7.25) or Oregon's higher state minimum wage ($15.45 in Portland as of July 2024) is a common error. This creates dual compliance failure: you violate federal posting requirements and Oregon's mandate to display the correct state wage. Always download the current "Employee Rights Under the Fair Labor Standards Act" poster directly from Oregon Bureau of Labor and Industries (BOLI) or the federal DOL website, verifying the wage figures match current law.
Placing the poster in a manager's office, a locked break room, or a dimly lit corner fails the FLSA requirement that it be displayed "where employees can readily see it." In Portland, this mistake often triggers a BOLI inspection penalty. The poster must be in a common area frequented by all employees, like near time clocks or in the main kitchen. Failure to do so can lead to fines and adds administrative hassle if you must rectify it during an audit.
The federal FLSA poster alone is insufficient in Portland. Oregon BOLI requires additional postings, including the "Notice to Employees About Earned Sick Time" and the "Workers' Compensation Notice." Missing these state-specific posters is a frequent oversight that leaves you non-compliant with multiple Oregon regulations. You must obtain and display the full suite from BOLI's website alongside the federal poster. This mistake is the top cause of multi-violation citations during routine inspections.
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| City | Fee Range | Timeline |
|---|---|---|
| Eugene | ||
| Portland | ||
| Salem |
Visit the U.S. Department of Labor's (DOL) Wage and Hour Division website to download the official 'Employee Rights Under the Fair Labor Standards Act (FLSA)' poster. Confirm which version you need, as the DOL updates the poster when minimum wage or other provisions change. Oregon employers must also verify if additional state-specific notices are required. Having the wrong or outdated version is the most common compliance mistake.
Obtain the poster from an approved source. You can download and print the PDF for free from DOL.gov, or order a printed copy (for a fee) from the DOL or a reputable labor law poster service. Ensure any printed copy is legible and meets the DOL's size and formatting standards. Ordering a physical copy can add 5-10 business days for shipping.
Post the FLSA notice in a conspicuous place where all employees can readily see it, such as a break room or near time clocks. Federal law requires it to be posted at all your establishments. For remote workers, you must provide the notice electronically or by mail. Failure to post can result in penalties from DOL investigations.
This is one of 13 requirements for opening a restaurant in Oregon.
federal
local
federal
state
See all co-required forms and how they connect to your compliance dossier.
See All RequirementsThe timeline for obtaining the physical poster varies. Since there is no formal application or approval process with a Portland-specific authority, it's about ordering from a supplier or downloading it from the U.S. Department of Labor (DOL) website. ApronPrep recommends displaying the poster immediately upon hiring your first employee to comply with the law, regardless of processing time from a commercial vendor. Contact the DOL to confirm the most current version is displayed.
Government filing fees for this federal compliance item are $0–$0. You can download the official poster for free from the Wage and Hour Division of the U.S. Department of Labor. Costs only arise if you purchase a laminated or combined poster set from a commercial vendor. This is a separate requirement from local permits like the City Business License/Registration, which does involve fees. Not legal advice — verify with the DOL.
Yes, the physical poster itself is fully transferable between locations. It is a federal informational notice, not a license tied to a specific address. You simply need to ensure it is posted conspicuously at the new worksite where all employees can see it. This differs from location-specific permits like an Building Permit. If you move, just re-hang the poster; no need to notify the DOL or obtain a new one.
You do not 'renew' the poster on a set schedule. Your obligation is to ensure the poster on your wall is the current, legally-required version. The DOL updates it when laws change, so you must replace your poster whenever a new version is issued. The DOL announces updates on its website. Unlike an annual City Business License/Registration, there is no recurring filing fee or renewal form.
A DOL Wage and Hour investigator will check for the poster's presence, prominence, and version during a compliance investigation, which is typically triggered by a complaint about wages or hours. The inspector will note if the poster is missing, outdated, or hidden. Failure to post can result in citations and fines, independent of any other wage violations found. There is no scheduled or routine 'inspection' for the poster alone; it is examined as part of a broader audit.
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 Oregon specifically, we have analyzed compliance dossiers for 3 cities (Eugene, Portland, Salem), 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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