Federal labor inspectors can fine your Salem restaurant thousands per violation if the mandatory wage and hour notice isn't posted. This requirement is the Employee Rights Under the Fair Labor Standards Act (FLSA) Poster, issued by the U.S. Department of Labor (Wage and Hour Division) and enforced locally. Key facts:
Analyzed from Employee Rights Under the Fair Labor Standards Act (FLSA) Poster
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Posting the Employee Rights Under the Fair Labor Standards Act (FLSA) Poster is a federal mandate under the Fair Labor Standards Act, applicable to nearly all employers in Salem, Oregon. While the FLSA is the core federal statute (29 U.S.C. §§ 201-219), several related federal laws like the Family and Medical Leave Act (FMLA), the Davis-Bacon Act, and the Service Contract Act also require specific workplace notices, often consolidated into this single mandatory poster. The U.S. Department of Labor's Wage and Hour Division (WHD) is the primary federal enforcement authority. Oregon employers must also comply with state-specific posting rules from the Bureau of Labor and Industries (BOLI), which mandates its own poster covering state minimum wage, overtime, and leave laws, typically displayed alongside the federal poster.
Failure to properly display this poster can trigger significant legal and financial consequences. If an employee files a wage claim or an investigation is initiated, the lack of a poster can be used as evidence of a willful violation, potentially increasing penalties. Consequences include:
Legal code: Fair Labor Standards Act (FLSA), Family and Medical Leave Act (FMLA), Davis-Bacon Act, Service Contract Act
Recent update: In January 2025, the U.S. Department of Labor increased the maximum civil money penalty for child labor violations to $2,374 per violation, up from $2,300, as part of an annual inflation adjustment.
| Type | Required | Notes |
|---|---|---|
| Restaurant (Full-Service) | Required | Required because restaurants employing any workers covered by the Fair Labor Standards Act must display the poster, which is virtually all employees in food service. |
| Bar / Nightclub | Required | Required as establishments with employees engaged in interstate commerce or producing goods for it, which includes serving alcohol and food, are covered by the FLSA. |
| Food Truck | Required | Required because mobile food vendors with annual gross sales of at least $500,000, or engaged in interstate commerce, are subject to FLSA posting rules. |
| Coffee Shop / Café | Required | Required as enterprises with annual gross volume of sales of at least $500,000 are covered, a threshold most operating coffee shops meet. |
See which restaurant types need this requirement — and which don't.
See Full Requirements →Select "True" if your business currently employs any individual, including part-time, full-time, or seasonal workers, as the FLSA posting requirement only applies to employers.
COMMON MISTAKE: Selecting "False" while having employees can lead to non-compliance findings during a Department of Labor audit, as the law mandates the poster be displayed.
Enter the exact count of all individuals on your payroll, as this determines the scale of your posting obligation and may be requested for verification.
COMMON MISTAKE: Entering "0" or leaving blank when you have employees, which creates a contradictory record if you answered "True" to having employees.
Enter the number of distinct physical sites where employees work, as a poster must be displayed at each establishment in a conspicuous place.
COMMON MISTAKE: Omitting secondary locations like separate kitchens, storage facilities, or offices where employees report, which violates the requirement for each workplace.
Select "True" only if every single employee can read and understand English; if even one employee primarily speaks another language, select "False."
COMMON MISTAKE: Incorrectly selecting "True" to simplify the process, which can lead to violations if non-English speaking employees cannot access the required poster information.
List all languages other than English that are the primary language of any employee, as this triggers the requirement to obtain and display the official DOL translated poster.
COMMON MISTAKE: Omitting languages or using informal names (e.g., "Indian" instead of "Hindi"), which can result in displaying an incorrect or non-compliant translated version.
Select "True" if you employ any staff who work primarily from a home office or other non-centralized location.
COMMON MISTAKE: Selecting "False" with remote workers, missing the obligation to provide the poster electronically or by mail, as required by DOL guidance for remote staff.
List the full street addresses (including city, state, ZIP) for every site counted in "Number of Business Locations" where the poster must be physically posted.
COMMON MISTAKE: Providing P.O. Boxes or corporate mailing addresses instead of the actual physical work location, which does not satisfy the "conspicuous place" posting requirement.
Select "True" only after you have successfully downloaded the official "Employee Rights Under the Fair Labor Standards Act" poster from the U.S. Department of Labor website.
COMMON MISTAKE: Selecting "True" after downloading from a third-party vendor selling outdated or non-compliant versions, which do not satisfy the legal requirement.
Select "True" if you have downloaded the official DOL translated posters for every language listed in "Other Languages Spoken by Workforce."
COMMON MISTAKE: Downloading unofficial translations or selecting "True" without verifying the DOL offers the specific language, leading to a non-compliant poster being displayed.
Select "True" once the official English poster (and any required translated posters) are printed at the correct size (typically 11x17 inches) for physical display.
COMMON MISTAKE: Selecting "True" after printing a reduced-size copy that is illegible, which violates the DOL's requirement for the poster to be easily readable.
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Posting an old FLSA poster that doesn't reflect current federal minimum wage ($7.25) or updated Department of Labor (DOL) contact information is a common violation. The DOL periodically updates the poster; using a version from before the last update (even by a year) is non-compliant. How to avoid: Only download the poster directly from the DOL’s Wage and Hour Division website and check the revision date; the current version is always free and available there.
Tucking the poster in a back office, a locked break room, or an employee bulletin board that is rarely visited fails the 'conspicuous place' requirement. The poster must be easily visible to all employees where they frequent for work-related information. How to avoid: Place it next to time clocks, in main break rooms, or near other mandatory federal postings (like OSHA). In Salem, inspectors specifically check for accessibility to all shifts.
If a significant portion of your workforce in Salem does not read English proficiently, federal guidance requires you to provide the poster in a language they understand. Assuming the English-only federal poster is sufficient can lead to violations, especially in industries with multilingual staff. How to avoid: Assess your workforce; the DOL provides official Spanish translations, and you may need to obtain other language versions to ensure effective communication.
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| City | Fee Range | Timeline |
|---|---|---|
| Eugene | ||
| Portland | ||
| Salem |
Go to the U.S. Department of Labor (DOL) website's 'Poster Advisor' tool (dol.gov/poster) or directly to the Wage and Hour Division (WHD) downloads page to get the official, current federal FLSA poster (Form WH-1088). You will also need the Oregon Bureau of Labor and Industries (BOLI) state-specific poster, which is mandatory alongside the federal one. Print both in color on standard letter-size paper. Ensure your printer can produce legible copies—smudged or faded posters are a common compliance oversight.
Post the FLSA and Oregon BOLI notices in a conspicuous place where all employees can readily see them, such as a break room, near time clocks, or a main hallway. They must be physically posted; a digital copy on a shared drive is not sufficient. For remote workers, you must electronically distribute the posters via email or a company portal, as required by both federal and state rules. Document your posting and distribution with a timestamped photo or email receipt.
Keep a dated copy of the downloaded poster files and a record of your posting/distribution. The DOL and Oregon BOLI update posters periodically (e.g., for minimum wage changes). You are responsible for replacing outdated posters. Subscribe to DOL and Oregon BOLI email updates to be notified of changes. Failure to display the most current version can result in penalties, even if you had the previous version posted.
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 federal FLSA poster is not fixed. You must download and print the official poster from the U.S. Department of Labor (DOL) Wage and Hour Division website. Once printed, you must display it immediately, as compliance is required upon hiring your first employee.
The government filing fee for the required federal FLSA poster is $0. The poster itself is available for free download from the U.S. DOL. While the poster itself costs nothing, ensure you also meet state posting requirements, which may involve other items like the City Business License/Registration. Not legal advice — verify with the Oregon Bureau of Labor and Industries.
No. The federal FLSA poster is a federal notice requirement that applies to each worksite. If you move your restaurant to a new physical address in Salem, you must print and display a fresh copy at the new location. This is separate from local operational permits like a Certificate of Occupancy, which you must also obtain for the new space.
You do not renew the FLSA poster. However, you must replace it whenever the U.S. Department of Labor publishes an updated version, which happens periodically when laws change. Check the DOL's website annually for updates and reprint as needed. Keeping it current is required to avoid penalties for displaying outdated information.
During a federal or state wage-and-hour inspection, an investigator will verify the FLSA poster is displayed in a conspicuous area where employees can readily see it. They will check it's the most current version and note any violations. A missing or outdated poster can be cited as a violation, potentially leading to fines, even if other wage issues like overtime are also being reviewed.
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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