Your restaurant's failure to post required federal labor law notices can lead to unfair labor practice charges and legal liability, even in Detroit. This is the mandatory Employee Rights Under the National Labor Relations Act Poster, issued by the National Labor Relations Board (NLRB), often called the NLRA Workplace Poster. Key facts:
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All employers subject to the National Labor Relations Act (NLRA) must post the Employee Rights Under the National Labor Relations Act Poster (Form NLRB-14153B) in a conspicuous place where employees can see it. This is a federal mandate enforced by the National Labor Relations Board (NLRB), and it applies to most private-sector employers in Detroit and across Michigan, regardless of whether their employees are unionized. The requirement is based on a final rule issued by the NLRB, designed to inform employees of their rights under Section 7 of the NLRA to organize, bargain collectively, and engage in other protected concerted activities. While Detroit does not have a separate local ordinance, the federal poster must be displayed in any workplace covered by the Act, making it a universal requirement for opening and operating a restaurant.
Failure to post this notice can be considered an unfair labor practice under the NLRA. The practical consequences are significant and can derail your business operations. Based on NLRB decisions and enforcement actions, common penalties and remedies include:
Legal code: National Labor Relations Act (NLRA)
Recent update: The NLRB poster content and design were last officially revised by the Board in 2023; ensure you are displaying the current version (NLRB-14153B) to avoid non-compliance based on outdated information.
| Type | Required | Notes |
|---|---|---|
| Restaurant (Full-Service) | Required | Required because the NLRA applies to nearly all private-sector employers, including restaurants, with a very minimal impact on interstate commerce threshold. |
| Bar / Nightclub | Required | Required as a private-sector employer; even if classified as a retail establishment, annual gross volume of business must exceed $500,000 to be exempt, a threshold most bars exceed. |
| Food Truck | Required | Required because a food truck is a private-sector employer whose operations affect interstate commerce (e.g., purchasing supplies across state lines), bringing it under NLRA jurisdiction. |
| Coffee Shop / Café | Required | Required as a private-sector employer; the NLRB's jurisdictional standards for non-retail businesses are extremely low (e.g., $50,000 annual inflow/outflow from other states), easily met. |
See which restaurant types need this requirement — and which don't.
See Full Requirements →Select 'Yes' if you have one or more employees—including part-time, temporary, or seasonal workers—as the NLRA generally applies to all private sector employers with employees engaged in interstate commerce, regardless of size.
COMMON MISTAKE: Selecting 'No' if you have any employees, which can lead to non-compliance penalties if the business is later found to be covered; even sole proprietors with W-2 employees are subject to the posting requirement.
Select the option that best describes your business structure from the provided list (e.g., 'Private Sector Employer,' 'Unionized Workplace,' 'Agricultural Employer,' 'Railway/Airline') to determine the correct NLRA applicability and poster version.
COMMON MISTAKE: Incorrectly selecting 'Agricultural Employer' or 'Railway/Airline' when the business is a standard private sector employer, as these categories have specific exemptions or are covered under different acts (the Railway Labor Act).
Confirm you have downloaded the official 'Employee Rights Under the NLRA' poster (Form NLRB-14058) from the National Labor Relations Board website or a verified source to ensure you have the legally mandated current version.
COMMON MISTAKE: Selecting 'Yes' after downloading an outdated poster or one from a non-official source; the NLRB updates the poster periodically, and using an old version does not satisfy the requirement.
Select the physical size of the poster you will display (typically '11x17 inches' is the standard) or indicate if you are using an electronic-only format, as the poster must be large enough to be easily readable.
COMMON MISTAKE: Selecting an incorrect size (e.g., 8.5x11) that does not meet the NLRB's readability standards; the agency specifies the poster must be of a size and format that is readily visible.
Select all languages in which you have downloaded and will post the notice, based on the primary languages spoken by your workforce; if 20% or more of employees are not proficient in English, a translated version is required.
COMMON MISTAKE: Only selecting 'English' when a significant portion of the workforce speaks another language; failure to provide the poster in a language employees understand can be cited as a violation in an NLRB investigation.
Select 'Yes' if your business operates from a physical location (e.g., a restaurant, office, warehouse) where employees report for work, which triggers the requirement to display the poster in a conspicuous place.
COMMON MISTAKE: Selecting 'No' when you have a physical location, which could indicate an intent not to post physically and lead to a compliance failure upon inspection.
List the exact, conspicuous places where the poster is or will be displayed (e.g., 'Employee break room bulletin board,' 'Next to time clock,' 'Main office entrance'), as required by NLRB rules to be where employees customarily gather.
COMMON MISTAKE: Vague entries like 'in the office' or failing to list all required locations; the poster must be in all locations where employment notices are typically posted, not just one.
Select 'Yes' if you employ any workers who do not regularly report to a physical workplace (e.g., telecommuters, delivery drivers, remote staff), which triggers the additional requirement to distribute the poster electronically.
COMMON MISTAKE: Selecting 'No' when you have remote workers, which omits the mandatory electronic posting requirement and is a common source of violations for modern workplaces.
If you have remote employees, describe how you will distribute the poster electronically (e.g., 'Posted on company intranet,' 'Sent via email to all staff,' 'Included in onboarding portal') to satisfy the NLRB's requirement for accessible electronic notice.
COMMON MISTAKE: Leaving blank or writing 'N/A' when remote employees exist, or specifying an ineffective method (e.g., 'available upon request'); the poster must be proactively distributed or posted where remote employees regularly access employment information.
Confirm that the official NLRB poster is currently displayed in all required physical locations; this is a declaration of compliance and should only be marked 'Yes' after actual posting.
COMMON MISTAKE: Marking 'Yes' prematurely before the poster is actually displayed, which misrepresents compliance status and offers no protection if an inspection or complaint occurs before posting.
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Posting an old or unofficial version of the employee rights notice is the most frequent compliance error. The NLRB periodically updates the mandatory poster language. Consequence: Failing to display the current notice, issued by the NLRB, can be cited as an unfair labor practice if a complaint is filed, potentially leading to fines and mandatory corrective actions. How to avoid: Download the official "Employee Rights Under the National Labor Relations Act" poster (NLRB Form NLRB‑14153B) directly from NLRB.gov. Verify the revision date; the current version was posted by the NLRB in May 2024.
Tucking the poster in a break room corner, a locked office, or an employee-only online portal violates the 'conspicuous place' requirement. Consequence: If the poster is not easily viewable by all employees during their workday, it fails the legal test. An NLRB agent conducting an investigation will note this non-compliance, which can extend a case timeline and lead to an order for re-posting with specific visibility requirements. How to avoid: Post the physical notice where other legally required workplace posters are displayed, such as near time clocks, main entrances, or in common areas. For remote workers, you must distribute it electronically via email or post it on a prominent company intranet page.
In Detroit, a significant portion of the workforce may have a primary language other than English. The NLRB requires employers to post the notice in the language spoken by a substantial proportion of employees who are not proficient in English. Consequence: If a substantial number of employees cannot read the English poster, the employer is not in compliance. This can be raised in an unfair labor practice charge, leading to orders for translation, re-posting, and potentially affecting the outcome of a union election petition. How to avoid: If 20% or more of your workforce speaks another language, you must obtain and post the official NLRB translation for that language (available in over 25 languages on NLRB.gov).
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| City | Fee Range | Timeline |
|---|---|---|
| Detroit | ||
| Grand Rapids | ||
| Warren |
Download the NLRB's mandatory 'Employee Rights Under the National Labor Relations Act' poster (Form NLRB-14274) directly from the National Labor Relations Board (NLRB) website (nlrb.gov). Ensure you have access to a printer capable of producing a standard 11x17-inch paper size, as this is the required format. While some states have specific posters, the federal poster from the NLRB is the only one required for compliance with the NLRA in Michigan.
Print the poster on 11x17-inch paper or larger. Check that the text is clear, the NLRB's contact information is fully visible, and nothing is cut off. You need a standard office printer and paper. A common mistake is shrinking the poster to fit an 8.5x11 page, which violates the 'conspicuous place' requirement as the text becomes too small for employees to read from a distance.
Display the poster in a prominent location where employees typically see notices, such as a break room, time clock area, or main office bulletin board. You need tape, tacks, or a poster frame. The key is posting it where hiring, work rules, and other employee notices are posted. Placing it in a back office or low-traffic area is a frequent compliance failure that can trigger enforcement action.
This is one of 13 requirements for opening a restaurant in Michigan.
federal
local
state
federal
See all co-required forms and how they connect to your compliance dossier.
See All RequirementsThe posting itself is not a permit you 'get'—it's a federal requirement to display a pre-made poster. Processing time is not applicable. However, acquiring the free poster from the National Labor Relations Board (NLRB) website is instant. For Michigan-specific business setups with associated timelines, refer to filing requirements like the Articles of Organization (LLC) or Articles of Incorporation (Corporation), which have defined state review periods.
Government filing fees for this federal compliance poster are $0. The NLRB provides the required poster free of charge for download or mail order. This differs from most local permits, such as a Business License (Restaurant) in Detroit, which carries a city-imposed fee. Not legal advice — verify poster requirements with the NLRB.
Yes. The poster itself is not location-specific and must be displayed at all workplaces where employees covered by the NLRA work. When you move or open a new location, you simply need to obtain and post a new copy at the new site. There is no formal transfer process, as it is a general notice requirement, unlike a Certificate of Occupancy, which is tied to a specific property and requires a new application.
You do not renew the poster. It is a permanent notice requirement. You must replace the poster only if it becomes defaced, damaged, or if the NLRB publishes an updated version. Contact the NLRB to confirm the current poster version is displayed, as non-compliance can lead to unfair labor practice charges.
There is no scheduled 'inspection' for this poster. Compliance is typically verified during an NLRB investigation, often triggered by an employee complaint. An agent will visit the workplace to check if the poster is prominently displayed where employees can readily see it. Failure to post can be used as evidence of anti-union animus in unfair labor practice cases, per NLRB rules.
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 Michigan specifically, we have analyzed compliance dossiers for 3 cities (Detroit, Grand Rapids, Warren), 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.
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