Employee Rights Under the Fair Labor Standards Act (FLSA) Poster in Memphis, Tennessee (2026)
Your restaurant can be cited and fined if you fail to display the Employee Rights Under the Fair Labor Standards Act (FLSA) Poster. This mandatory federal notice, also referred to as the Minimum Wage Poster, must be visibly posted in your Memphis establishment. The U.S. Department of Labor Wage and Hour Division requires it, and there is no government filing fee. Most applicants complete this in under 15 minutes with ApronPrep, which auto-fills 15 of 18 fields.
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Why You Need a Employee Rights Under the Fair Labor Standards Act (FLSA) Poster
In Memphis, displaying the Employee Rights Under the Fair Labor Standards Act (FLSA) Poster is a federal requirement mandated by the U.S. Department of Labor. This consolidated notice must be posted in a conspicuous place at your restaurant or establishment. It fulfills posting requirements under several federal laws, primarily the Fair Labor Standards Act (FLSA), which sets minimum wage, overtime pay, and child labor standards. The notice also typically includes information required by the Family and Medical Leave Act (FMLA), the Davis-Bacon Act, and the Service Contract Act. The requirement applies regardless of state or local law because it is enforced by the federal Wage and Hour Division, which has jurisdiction over Memphis-area businesses.
Failing to post this notice correctly can trigger federal investigations and significant penalties, even if you are otherwise compliant with wage and hour rules. The Department of Labor treats the lack of a visible poster as a violation itself, which can lead to deeper scrutiny of your payroll records. Common consequences include:
- Civil money penalties: Fines of up to $2,374 per violation for child labor violations and over $1,000 for willful or repeated FLSA violations.
- Back wages and liquidated damages: If an investigation uncovers unpaid wages, you may owe back pay plus an equal amount in liquidated damages, effectively doubling the amount owed.
- Increased audit risk: The absence of the poster is a visible red flag that can prompt a full-scale Wage and Hour Division audit of your timekeeping and pay practices.
- Lease and insurance complications Some commercial leases and business insurance policies require proof of compliance with federal labor laws. A citation for failure to post can be used as evidence of non-compliance in related disputes.
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 FLSA violations, including failure to post, are adjusted annually for inflation; the $2,374 figure for child labor violations is effective for penalties assessed on or after January 16, 2023, per the Federal Civil Penalties Inflation Adjustment Act.
Who Needs a Employee Rights Under the Fair Labor Standards Act (FLSA) Poster?
| Type | Required | Notes |
|---|---|---|
| Restaurant (Full-Service) | Required | Required, as it employs at least two people and engages in interstate commerce (e.g., purchasing supplies from out of state). |
| Bar / Nightclub | Required | Required, due to employing more than one person and having annual sales of at least $500,000, bringing it under FLSA 'enterprise coverage.' |
| Food Truck | Required | Required if the business engages in interstate commerce, which is typical for most food trucks purchasing supplies across state lines. |
| Coffee Shop / Café | Required | Required, as these establishments typically meet the $500,000 annual revenue threshold for enterprise coverage under the FLSA. |
See which restaurant types need this requirement — and which don't.
See Full Requirements →Field-by-Field Guide (18 Fields)
15 of 18 auto-filledBusiness Has Employees
booleanSelect 'Yes' if you employ anyone other than the business owner; this determines your obligation to post the FLSA notice, as businesses with no employees are generally exempt from this specific requirement.
COMMON MISTAKE: Selecting 'No' if you have even one part-time or temporary worker, which is incorrect and can be cited in a compliance inspection as a failure to provide required workplace notices.
Total Number of Employees
numberEnter the total number of individuals employed at your business location(s) in Memphis, including all full-time, part-time, temporary, and seasonal workers.
COMMON MISTAKE: Including only full-time W-2 employees or excluding owners who perform work, leading to an undercount that may not trigger required protections like FMLA eligibility notices for larger employers.
Number of Business Locations
numberEnter the number of distinct physical establishments or work sites you operate within Memphis where employees report for work, as you need a separate, posted notice at each location.
COMMON MISTAKE: Counting a single building with multiple suites as one location when different business entities or divisions operate there, each requiring its own posted notice.
All Employees Speak English
booleanSelect 'Yes' only if every single employee can read and understand English proficiently; if any employee's primary language is not English, you must answer 'No' and provide translated posters.
COMMON MISTAKE: Assuming bilingual employees don't need translated materials, but U.S. Department of Labor guidance requires posters in a language an employee "primarily" uses, which can lead to citations.
Other Languages Spoken by Workforce
textList the primary non-English languages spoken by your workforce (e.g., 'Spanish, Arabic') to identify which translated versions of the FLSA poster you must download and post alongside the English version.
COMMON MISTAKE: Listing languages like 'Spanglish' or colloquial terms instead of official language names (e.g., 'Spanish'), which can delay finding the correct government-issued translated poster.
Has Remote Workers
booleanSelect 'Yes' if you have any employees who regularly work from a home office or other remote location not under your direct physical supervision.
COMMON MISTAKE: Failing to provide the electronic poster or a hard copy to fully remote workers, as DOL rules require employers to ensure all employees have access to the notice, which can be a compliance violation.
Physical Workplace Addresses
textList the full street addresses for all locations where employees work, as each physical site requires a posted notice in a conspicuous place frequented by employees.
COMMON MISTAKE: Omitting satellite locations, warehouses, or separate kitchen facilities that share an employer identification number but are at different addresses, each of which needs its own poster.
FLSA Poster Downloaded
booleanConfirm you have downloaded the current, official 'Employee Rights Under the Fair Labor Standards Act' poster (WH Publication 1088) from the U.S. Department of Labor's website or a verified source.
COMMON MISTAKE: Downloading an outdated poster or one from a non-governmental commercial site that may lack required updates, such as the current federal minimum wage, which is a direct compliance failure.
Translated Posters Downloaded
booleanConfirm you have downloaded the official DOL-translated versions for each language listed in 'Other Languages Spoken by Workforce' and that they match the current revision date of the English poster.
COMMON MISTAKE: Using machine-translated versions or posters from state agencies instead of the federal DOL's official translations, which do not satisfy the federal posting requirement and can result in penalties.
Poster Printed
booleanConfirm you have printed the downloaded poster(s) on legible paper (typically 11" x 17" recommended) and that text is clear and unabridged, ready for posting.
COMMON MISTAKE: Printing the poster at a reduced size where text is illegible or printing in black and white if the official version uses color for critical headers, which may not meet the 'conspicuous' posting standard.
ApronPrep auto-fills 15 of 18 fields from a single compliance interview — no re-typing, no guessing what the government expects.
Top 5 Employee Rights Under the Fair Labor Standards Act (FLSA) Poster Mistakes
1. Failing to Post the Updated Federal Minimum Wage Poster
Displaying an outdated poster with the old federal minimum wage violates Department of Labor (DOL) regulations. This mistake is common because Tennessee's state minimum wage is $7.25, matching the current federal rate, making the update seem unnecessary. However, the DOL periodically updates the official poster, and using an expired version can trigger fines. To avoid this, only download and post the "Employee Rights Under the Fair Labor Standards Act" poster directly from the DOL's Wage and Hour Division website. Verify the publication date on the poster itself.
2. Posting Only in an Inaccessible or Non-Central Employee Area
Hiding the poster in a manager's office, break room cabinet, or a rarely visited hallway violates the 'conspicuous place' requirement. Inspectors and employees must be able to see it readily. A common example is posting it on a cluttered bulletin board in a back office instead of near time clocks or in a main break area. This oversight can lead to a citation during a DOL audit. Post it where all employees frequent, such as next to mandatory Tennessee-specific postings or where work schedules are posted.
3. Assuming Tennessee-Specific Posters Replace the Federal FLSA Poster
Relying solely on the "Tennessee Minimum Wage Act" poster or a combined state/federal poster not issued by the DOL is insufficient. The federal FLSA poster is a separate, mandatory requirement. In Memphis, some restaurants purchase generic 'all-in-one' labor law posters from commercial vendors that may not contain the official, current DOL language. This mistake risks non-compliance. Ensure you have the specific poster from dol.gov posted alongside, and physically verify, any required Tennessee labor notices.
Skip the Paperwork on Your Employee Rights Under the Fair Labor Standards Act (FLSA) Poster
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Employee Rights Under the Fair Labor Standards Act (FLSA) Poster by City in Tennessee
| City | Fee Range | Timeline |
|---|---|---|
| Knoxville | ||
| Memphis | ||
| Nashville |
Timeline: 1-3 Days for Preparation and Display
Confirm Your FLSA Poster Coverage
Verify your restaurant is covered under the Fair Labor Standards Act, which applies to most enterprises with annual gross sales of at least $500,000 or businesses engaged in interstate commerce (like handling out-of-state ingredients). There is no application, fee, or approval process—your only requirement is to obtain the poster and display it. This step prevents confusion about whether you need the poster, as all covered employers must comply regardless of industry.
Download the Federal and Tennessee-Specific Posters
Download the official 'Employee Rights Under the FLSA' poster (Form WH-1428) for free from the U.S. Department of Labor's Wage and Hour Division website (dol.gov/agencies/whd/posters). You must also download and display Tennessee's required 'Minimum Wage Act' poster from the Tennessee Department of Labor & Workforce Development website. These are the two mandatory, up-to-date posters. Ensure you are downloading from the government’s .gov site, as third-party sellers may charge for posters or provide outdated versions.
Post in a Conspicuous Location
Print the posters in a size large enough for employees to read (at least 11x17 inches is recommended). Post them in a conspicuous place where all employees can easily see them, such as a break room, near time clocks, or an employee bulletin board. The U.S. Department of Labor requires that posters be placed where employees "readily tend to gather." Failure to post can result in fines; inspections can be triggered by employee complaints or routine investigations.
Other Requirements You'll Need
This is one of 13 requirements for opening a restaurant in Tennessee.
ADA Compliance Self-Certification
federal
Alarm System Permit/Registration
local
Alcohol Server Training Certification
state
Annual Report Filing
state
See all co-required forms and how they connect to your compliance dossier.
See All RequirementsThe timeline varies and is effectively instantaneous. The FLSA poster is a federal document, not issued or processed by Memphis or Tennessee authorities. You can download and print it for free from the U.S. Department of Labor's Wage and Hour Division website. Most restaurant owners handle this as part of a broader posting checklist, which often includes items like an Alcohol Server Training Certification.
The government filing fee for the FLSA poster is $0–$0. The U.S. Department of Labor provides the official poster free of charge for download and printing. You may incur minimal costs for printing materials, but there is no payment to any local or state agency for the poster itself. Not legal advice — verify requirements with the U.S. DOL.
No, because the poster is not a permit tied to a specific address. The federal FLSA poster is a required notice that must be physically displayed at each establishment you operate. If you open a new restaurant location, you must post a new copy of the FLSA poster there. This differs from localized permits, such as an City Business License/Registration, which are specific to a single address.
You do not renew the poster, but you must ensure you are displaying the current version. The U.S. Department of Labor updates the poster content when federal law changes, which happens irregularly. You are responsible for monitoring for updates and replacing outdated posters. Contact the DOL or check their website annually to confirm you have the correct version.
A U.S. Department of Labor Wage and Hour Division investigator, or occasionally a state agency representative, will check for its proper display during a compliance audit. They will verify the poster is the current version, is not damaged, and is posted in a conspicuous place where employees can easily read it. This inspection is often part of a broader review of employment records, which can include verifying compliance with minimum wage and overtime rules under the FLSA.
About This Data
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.
Sources
- Fair Labor Standards Act (FLSA), Family and Medical Leave Act (FMLA), Davis-Bacon Act, Service Contract Act
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