Employee Rights Under the National Labor Relations Act Poster in San Jose, California (2026)
Federal labor investigators can impose daily fines of up to $13,260 per violation if you fail to display the required Employee Rights Under the National Labor Relations Act Poster, often called the "NLRA Rights Notice" or "Section 7 poster." This federal mandate, enforced by the National Labor Relations Board (NLRB) for all San Jose, California employers, requires a specific notice in your workplace. Key facts:
- 13 fields to confirm — ApronPrep auto-fills 11
- $0–$0 government filing fees (the poster itself is free from the NLRB)
- Varies timeline — immediate posting after download
Analyzed from Employee Rights Under the National Labor Relations Act Poster
85% from one compliance interview
Manual entry or document upload required
Why You Need a Employee Rights Under the National Labor Relations Act Poster
The Employee Rights Under the National Labor Relations Act Poster is a federal requirement mandated by the National Labor Relations Board (NLRB), which is the primary federal authority in this area. The requirement originates from the National Labor Relations Act (NLRA), specifically enforced under Section 8(a)(1) for employer violations. This applies uniformly across jurisdictions, including San Jose, California. The NLRB asserts that employers covered by the Act must post this notice to inform employees of their rights to organize, bargain collectively, and engage in other concerted activities for mutual aid or protection. There is no local ordinance from the City of San Jose that creates a separate poster requirement for private-sector employees; compliance is governed solely by this federal statute.
Failing to display this poster can lead to significant penalties if an employee files an unfair labor practice charge for another reason and the NLRB finds the posting violation. The NLRB considers the absence of the poster to be an independent violation of the Act. Consequences are not monetary fines but remedial orders that directly impact business operations and finances. Common penalties include:
- Cease and desist orders requiring the employer to stop the unlawful conduct and post a remedial notice for 60 days.
- Reinstatement with back pay for employees who were unlawfully discharged, which can amount to tens of thousands of dollars in calculated wages and benefits.
- Mandatory notice posting requirements as part of a settlement or Board order, which can include language admitting to the violation, a commitment to comply, and contact information for the NLRB.
Legal code: National Labor Relations Act (NLRA)
Recent update: As of 2023, the NLRB has reaffirmed its stance that the failure to post the notice is a standalone unfair labor practice, extending the statute of limitations for such violations to six months from the date an employee learns of their rights through other means.
Who Needs a Employee Rights Under the National Labor Relations Act Poster?
| Type | Required | Notes |
|---|---|---|
| Restaurant (Full-Service) | Required | Required if the restaurant is subject to the National Labor Relations Act (NLRA) by engaging in interstate commerce, which is presumed for nearly all restaurants handling goods or credit card transactions across state lines. |
| Bar / Nightclub | Required | Required for establishments with employees, as bars and nightclubs are generally considered employers engaged in commerce under the NLRA's broad jurisdictional standards. |
| Food Truck | Required | Required for any food truck business with employees, as the NLRA applies to employers whose business affects interstate commerce, which includes most mobile food operations. |
| Coffee Shop / Café | Required | Required if the shop has any non-supervisory employees, as the NLRA's poster requirement applies to virtually all private sector employers whose operations touch interstate commerce. |
See which restaurant types need this requirement — and which don't.
See Full Requirements →Field-by-Field Guide (13 Fields)
11 of 13 auto-filledBusiness Has Employees
booleanSelect 'Yes' if your business has any paid employees (including part-time or seasonal), which triggers the mandatory NLRB posting requirement under the National Labor Relations Act.
COMMON MISTAKE: Selecting 'No' when you have employees, as employers without a workforce are generally exempt from this specific poster requirement.
Type of Employer
selectChoose the employer category that matches your business (e.g., private-sector employer, federal contractor, labor union, U.S. Postal Service), as different versions of the notice may apply.
COMMON MISTAKE: Incorrectly selecting 'Federal Contractor' when you are not a contractor for the federal government, which uses a different poster.
Poster Downloaded
booleanConfirm you have downloaded the official 'Employee Rights Under the NLRA' poster from the National Labor Relations Board (NLRB) website or a certified provider.
COMMON MISTAKE: Using an outdated or unofficial poster template, as the NLRB has released updated versions (most recently in 2024).
Poster Format/Size
selectSelect the correct physical poster size (typically 11x17 inches) as specified by the NLRB for proper workplace display; digital copies must be the full, legible version.
COMMON MISTAKE: Choosing '11x14' or an incorrect size, as the NLRB standard is 11x17 inches for the physical poster.
Poster Language(s)
selectIf a 'significant portion' of your workforce is not proficient in English, you must also post the notice in the language(s) those employees understand.
COMMON MISTAKE: Only selecting 'English' when you have a Spanish-speaking workforce that constitutes a 'significant portion' (often interpreted as 20% or more).
Has Physical Workplace Location
booleanIndicate 'Yes' if your business operates from a physical location like an office, kitchen, or storefront where employees report for work.
COMMON MISTAKE: Incorrectly selecting 'No' if you have any brick-and-mortar facility, which requires a physical posting in a conspicuous area.
Specific Posting Locations
textList the exact physical locations where the poster is displayed (e.g., 'employee break room bulletin board,' 'time clock area,' 'kitchen entrance'), as required to be in a conspicuous place.
COMMON MISTAKE: Entering vague descriptions like 'break room' instead of specific, verifiable locations like 'south wall of the break room next to the California wage notice'.
Has Remote/Off-site Employees
booleanSelect 'Yes' if any employees work exclusively or regularly from home or another location not visited by other staff, which triggers an electronic posting requirement.
COMMON MISTAKE: Selecting 'No' when you have telecommuters, failing to meet the NLRB's electronic notice distribution requirement for remote workers.
Electronic Distribution Method
textDescribe how you provided the poster to remote employees (e.g., 'posted on company intranet under Policies,' 'email attachment to all staff,' 'shared via HR portal').
COMMON MISTAKE: Entering 'emailed link' without specifying the internal location, as the NLRB requires it to be posted on an internal site customarily used for HR notices.
Poster Physically Posted
booleanConfirm the official NLRB poster is currently displayed in all required physical workplace locations, as compliance is an ongoing obligation, not a one-time filing.
COMMON MISTAKE: Selecting 'Yes' before the poster is actually posted, as this field is a verification of current compliance status.
ApronPrep auto-fills 11 of 13 fields from a single compliance interview — no re-typing, no guessing what the government expects.
Top 5 Employee Rights Under the National Labor Relations Act Poster Mistakes
1. Posting an Outdated Poster Version
Displaying a poster with an outdated revision date, such as a version from before 2022, violates the NLRB's mandatory content requirements. The National Labor Relations Board (NLRB) updates the poster periodically, and displaying an old version is considered non-compliance. This can lead to a formal complaint and a compliance order, requiring you to re-post and potentially delaying resolution of any related employee charges. Always download the current poster directly from the NLRB.gov website's 'Posters' page to ensure you have the correct version.
2. Posting in a Low-Traffic or Inaccessible Area
Placing the poster in a back office, a locked bulletin board, or a location not frequented by all employees (like a manager-only break room) fails the 'conspicuous place' requirement. The NLRB requires the poster be placed where it can be readily seen by all employees, including those who do not use a computer. This mistake is a common basis for unfair labor practice charges. The poster must be in a common area such as a main break room, near time clocks, or alongside other legally required postings like wage notices.
3. Not Posting for Remote or Hybrid Employees
Failing to provide the poster to employees who work entirely remotely or on a hybrid schedule. For these workers, a physical poster in a central office is not accessible. The NLRB has clarified that employers must take steps to ensure all employees receive the notice, which for remote workers typically means distributing it electronically. An example of compliance is posting the notice on an internal company intranet or shared drive that all employees are required to access, or emailing a direct link to the NLRB's official poster PDF.
Skip the Paperwork on Your Employee Rights Under the National Labor Relations Act Poster
ApronPrep auto-fills 11 of 13 fields from one compliance interview.
No credit card required
Employee Rights Under the National Labor Relations Act Poster by City in California
| City | Fee Range | Timeline |
|---|---|---|
| Los Angeles | ||
| San Diego | ||
| San Jose |
Timeline: 1-2 Days for Download and Posting
1. Identify Your Workplace Coverage
Confirm your business is covered by the National Labor Relations Act (NLRA). The NLRA covers most private-sector employers whose business affects interstate commerce, including restaurants and retail stores. You can verify coverage by reviewing the NLRB's jurisdictional standards or consulting with an HR professional. Non-profits, religious schools, and government entities are generally excluded, so knowing your status prevents unnecessary effort.
2. Download the Official Poster
Obtain the correct version of the "Employee Rights Under the National Labor Relations Act" poster (NLRB Form 1465) from the National Labor Relations Board's official website (nlrb.gov). The poster is free to download and print. Ensure you have the most current version; as of 2025, the poster was last updated in 2021. Using outdated or non-official versions can lead to compliance issues. The download requires a standard PDF reader and printer access.
3. Print and Post in Conspicuous Location
Print the poster on 11x17-inch paper for optimal readability. Post it in a conspicuous place where all employees can easily see it, such as a break room, near time clocks, or alongside other required labor law posters (like those for wage and OSHA). The location must be where you customarily post notices to employees. Failure to post can be considered an unfair labor practice. For remote or hybrid workers, you must also distribute the poster electronically via email, company intranet, or other effective digital means.
Other Requirements You'll Need
This is one of 13 requirements for opening a restaurant in California.
ABC Local Control Application
local
ADA Compliance Self-Certification
federal
Alarm System Permit/Registration
local
Alcohol Server Training Certification (RBS)
state
See all co-required forms and how they connect to your compliance dossier.
See All RequirementsThe timeline to obtain and display the official poster is minimal. You can download and print the federal NLRA 'Employee Rights' poster directly from the National Labor Relations Board website immediately. Since this is a federally mandated posting requirement, there is no local San Jose or California processing time. The key step is ensuring it is displayed prominently in your workplace alongside other required postings like the California Employer Registration for Unemployment Insurance notice.
There are no government filing fees ($0) for the NLRA poster itself. The official version is provided free of charge by the National Labor Relations Board for download and printing. You may incur minimal costs for paper and laminating if you choose to protect the poster. Not legal advice — verify with the NLRB.
No, the poster itself is not a transferable permit. The requirement is tied to each physical workplace where employees report. If you move your restaurant to a new address in San Jose, you must download and post a new copy of the official federal poster at that location. This is distinct from registrations tied to your business entity, such as an California Employer Withholding Tax Registration. Ensure all required postings are current after any move.
There is no formal renewal process or expiration date for the federal NLRA poster. However, you are required to replace the poster if it becomes defaced, damaged, or illegible. It is also your responsibility to monitor for any updates to the poster's design or content issued by the National Labor Relations Board. Keeping this notice current is a routine part of compliance, similar to maintaining your California Liquor License (On-Premises) with its annual renewal cycle.
There is no routine government inspection specifically for the NLRA poster. Compliance is typically verified during broader workplace investigations initiated by an employee complaint to the NLRB or during audits by other agencies. An investigator will check for the poster's presence in a conspicuous location where employees can readily see it. Failure to display it can result in a formal order to post it and may be used as evidence of anti-union animus in unfair labor practice cases.
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 California specifically, we have analyzed compliance dossiers for 3 cities (Los Angeles, San Diego, San Jose), generating Rich FILs (Form Intelligence Layers) with 13 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
- National Labor Relations Act (NLRA)
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