Federal and state labor inspectors can fine your restaurant up to $15,138 per violation for failing to display the Employee Rights Under the Fair Labor Standards Act (FLSA) poster, also called the Federal Minimum Wage Poster. The U.S. Department of Labor (Wage and Hour Division) mandates this notice for all non-exempt employees. 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 federal Fair Labor Standards Act (FLSA) of 1938 mandates that every employer covered under the Act must display a poster informing employees of their rights concerning minimum wage, overtime pay, recordkeeping, and youth employment. In Knoxville, Tennessee, restaurants and other businesses must comply with this federal law, as there is no separate, superseding local ordinance. The posting requirement is enforced by the U.S. Department of Labor Wage and Hour Division. Additionally, the required poster often consolidates information from related laws like the Family and Medical Leave Act (FMLA), Davis-Bacon Act, and Service Contract Act, meaning one poster satisfies multiple federal disclosure obligations.
Failure to post the required notice can trigger significant penalties during a Wage and Hour Division investigation, even if no underlying 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: The civil money penalty amounts for child labor violations were adjusted for inflation and increased to the current $2,374 per violation effective January 2025, as published by the Department of Labor.
| Type | Required | Notes |
|---|---|---|
| Restaurant (Full-Service) | Required | Required because you have employees engaged in interstate commerce or producing goods for commerce, meeting the FLSA’s enterprise coverage test with annual gross volume of sales of at least $500,000. |
| Bar / Nightclub | Required | Required as an establishment with employees, typically meeting the enterprise coverage threshold or engaging in activities that constitute interstate commerce under the FLSA. |
| Food Truck | Required | Required because food trucks engage in interstate commerce (e.g., purchasing supplies across state lines) and have employees, triggering FLSA coverage. |
| Coffee Shop / Café | Required | Required if you have employees and annual gross sales exceed $500,000, or if individual employees handle goods that have moved in interstate commerce. |
See which restaurant types need this requirement — and which don't.
See Full Requirements →Select 'Yes' if you have at least one employee, including part-time, seasonal, or family members who work for pay; select 'No' only if you are a sole proprietor with no hired labor.
COMMON MISTAKE: Entering 'No' when you have any hired help—this triggers incorrect compliance checks for federal wage and hour law applicability.
Enter the total headcount of all employees who perform work for your business, including part-time and seasonal staff, at the time of filing.
COMMON MISTAKE: Omitting part-time or temporary workers—this number determines FLSA coverage thresholds and correct poster dissemination requirements.
Enter the count of all distinct physical addresses where employees report for work or where business operations are conducted.
COMMON MISTAKE: Only counting the main office and omitting satellite sites, kitchens, or remote work hubs—this undercounts required poster display locations.
Select 'Yes' only if every employee can read and understand English proficiently; if any worker primarily uses another language, select 'No'.
COMMON MISTAKE: Selecting 'Yes' based on assumptions rather than verified language proficiency—this leads to failure to provide required translated posters.
List any non-English languages spoken by a significant portion of your workforce (e.g., Spanish, Arabic, Chinese), separated by commas.
COMMON MISTAKE: Leaving blank when non-English languages are used—this omission can result in wage and hour violations for inadequate notice.
Select 'Yes' if any employees regularly work from a home office or other location not controlled by the employer.
COMMON MISTAKE: Selecting 'No' for hybrid workers—this misses the requirement to distribute poster content electronically to remote staff.
Enter the full street addresses of all premises where employees work, separated by semicolons; use the exact format from your lease or property deed.
COMMON MISTAKE: Providing incomplete addresses (missing suite numbers or ZIP codes) or using P.O. boxes—this complicates labor department verification.
Select 'Yes' after you have obtained the current federal 'Employee Rights Under the FLSA' poster (Publication 1088) from the U.S. Department of Labor website.
COMMON MISTAKE: Selecting 'Yes' without downloading the official 2024 version—using outdated posters from commercial sites can be non-compliant.
Select 'Yes' if you downloaded the DOL's official translated versions for each language listed in the 'additional_languages' field.
COMMON MISTAKE: Selecting 'No' when non-English speaking employees are present—this is a direct violation of 29 CFR § 516.4 posting requirements.
Select 'Yes' once you have physically printed the English (and any required translated) posters at the required 11x17 inch size or larger.
COMMON MISTAKE: Selecting 'Yes' after printing at letter size (8.5x11)—posters smaller than 11x17 inches fail the DOL's readability standard.
ApronPrep auto-fills 15 of 18 fields from a single compliance interview — no re-typing, no guessing what the government expects.
Hanging a non-current version of the federal WHD poster or one with any modifications (e.g., adding logos, shrinking text size) violates the U.S. Department of Labor’s (DOL) posting regulations. The DOL requires the most current, unaltered official version. This mistake is a primary focus during investigations and can result in citations and back-wage assessments. Avoid it by downloading the free, official "Employee Rights Under the Fair Labor Standards Act" poster directly from the DOL’s Wage and Hour Division website, never from a third-party vendor selling outdated versions.
In Tennessee, the FLSA poster must be displayed alongside mandatory state notices, including the Tennessee Department of Labor & Workforce Development’s "Tennessee Minimum Wage Act" poster and the "Unemployment Insurance" notice. Knoxville employers who display only the federal poster are non-compliant with state law. This oversight is common and can trigger fines during a state labor audit. To avoid it, create a dedicated labor law poster area that includes all required federal and Tennessee-specific postings in a conspicuous location.
Tucking the poster in a break room cabinet, a manager’s office, or an employee-only area that is not frequented by all staff (like a kitchen) fails the "conspicuous place" requirement. The DOL mandates that it be posted where all employees can readily see it. During a visit, an investigator will check for immediate visibility. To comply, post it in a high-traffic common area such as near time clocks, in main hallways, or beside other legally required notices. Remote employees must also receive a digital copy.
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| City | Fee Range | Timeline |
|---|---|---|
| Knoxville | ||
| Memphis | ||
| Nashville |
Determine that you must display the FLSA poster. All employers engaged in interstate commerce with at least $500,000 in annual business or with employees handling goods or services that cross state lines must comply. For most restaurants, this applies. This is a federal requirement from the U.S. Department of Labor (DOL), so Knoxville or Tennessee do not add extra steps for this specific poster. No application is needed, just acquisition and posting.
Obtain the current 'Employee Rights Under the Fair Labor Standards Act' poster. You have three main options: 1) Download and print it free from the DOL's Wage and Hour Division website (the most common method), 2) Order a free physical copy by mail from the DOL, or 3) Purchase a laminated, all-in-one labor law poster from a commercial vendor that includes state-specific Tennessee postings. If downloading, ensure you have a reliable printer and paper. The poster is typically a single 11"x17" page or two 8.5"x11" pages.
Print the poster on durable paper or unpack the received copy. Post it in a conspicuous place where employees can readily see it, such as a break room, near time clocks, or an employee bulletin board. The location must be accessible to all employees. For restaurants, common areas away from public view but frequented by staff are best. Ensure it is not defaced or covered. If you have remote employees, you must also provide the notice electronically (e.g., via email or company intranet).
This is one of 13 requirements for opening a restaurant in Tennessee.
federal
local
state
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See all co-required forms and how they connect to your compliance dossier.
See All RequirementsThere is no processing timeline as this is not an application you submit for approval. The required federal Employee Rights Under the Fair Labor Standards Act (FLSA) poster must be displayed immediately upon hiring employees. The poster is available for free download from the U.S. Department of Labor (DOL) website, which you must do as part of setting up your business. Completing your City Business License/Registration typically requires confirming you have this poster in place.
The government filing fee is $0. The U.S. Department of Labor provides the official poster for free download and printing from their website. While there is no charge for the poster itself, failing to display it can result in penalties, so ensuring compliance is critical when you obtain other permits like an Certificate of Occupancy. Not legal advice — verify with the DOL.
Yes, the physical poster itself can be moved to a new business location. The FLSA poster is a federal requirement for all employers, not a location-specific permit. However, if you are relocating your restaurant, you must ensure the poster is prominently displayed at the new address as part of your general compliance setup, which should be coordinated with your new local permits. Contact the DOL to confirm any specific display rules.
You do not renew this poster on a set schedule. However, you are responsible for displaying the current, legally-required version. The DOL occasionally updates the poster; when a new version is issued, you must replace the old one immediately. You should check the DOL website periodically for updates, a process separate from renewing permits like your Alarm System Permit/Registration.
There is no dedicated 'inspection' for the FLSA poster. Compliance is typically verified during other regulatory visits. For example, a Tennessee Department of Labor & Workforce Development wage-and-hour investigator, or a local health department inspector checking for your ADA Compliance Self-Certification, may note if the poster is not displayed. Violations can lead to fines, so the poster must be in a conspicuous place where employees can see it.
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 Tennessee specifically, we have analyzed compliance dossiers for 3 cities (Knoxville, Memphis, Nashville), 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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