Your business faces a daily $483 civil penalty and a potential unfair labor practice charge if you do not display the federal Employee Rights Under the National Labor Relations Act Poster. This mandatory workplace notice is enforced by the National Labor Relations Board (NLRB) in Rochester, New York. Key facts:
Analyzed from Employee Rights Under the National Labor Relations Act Poster
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The display of the Employee Rights Under the National Labor Relations Act Poster is a federal requirement mandated by the National Labor Relations Board (NLRB) under authority of the National Labor Relations Act (NLRA). It is not a local Rochester or New York State-specific ordinance, but a nationwide rule enforced uniformly. The NLRB issued a final rule requiring all covered employers to post this specific notice, which outlines employees' rights to organize and bargain collectively, protected concerted activity, and how to file charges with the NLRB. Failure to comply constitutes an unfair labor practice under the Act.
Consequences for non-compliance can be significant, especially if a charge is filed against your business. The NLRB does not assess monetary fines for a simple failure to post the notice. However, if the failure to post is linked to another unfair labor practice (like interfering with employee rights), the standard remedies include:
Legal code: National Labor Relations Act (NLRA)
Recent update: As of May 2024, the NLRB has maintained the current version of the poster, with no recent changes to the content or posting requirement; however, employers should monitor the NLRB's official website for any updates to the mandated notice.
| Type | Required | Notes |
|---|---|---|
| Restaurant (Full-Service) | Required | Required under NLRA § 8(a)(1) if engaged in interstate commerce, which nearly all restaurants are, as they use supplies from out-of-state and serve the public. |
| Bar / Nightclub | Required | Required under NLRA § 8(a)(1) as most bars and nightclubs have employees and are subject to NLRB jurisdiction due to their impact on interstate commerce. |
| Food Truck | Required | Required if annual gross revenue exceeds $500,000, which most established food trucks meet, bringing them under NLRB jurisdiction per its discretionary monetary thresholds. |
| Coffee Shop / Café | Required | Required under the NLRA’s general posting rule, as these establishments typically have employees and use goods (coffee, pastries) originating from out of state. |
See which restaurant types need this requirement — and which don't.
See Full Requirements →Select 'Yes' if you currently have at least one employee (including part-time) or will at the start of business, as this triggers the federal NLRA posting requirement for most private-sector employers.
COMMON MISTAKE: Selecting 'No' when you have any employees, which is a primary eligibility mistake for this federal notice requirement and can lead to non-compliance findings.
Select the category that best describes your business, such as 'Private Employer', 'Agricultural Employer', 'Railway/Airline', or 'Federal Contractor', as NLRA coverage and specific poster requirements vary.
COMMON MISTAKE: Incorrectly selecting a category (e.g., 'Private Employer' instead of 'Federal Contractor') which may result in displaying the wrong version of the official poster.
Confirm you have obtained the official, current 'Employee Rights Under the National Labor Relations Act' poster from the National Labor Relations Board (NLRB) website or an approved source.
COMMON MISTAKE: Using an outdated poster or one from a non-official source, which does not fulfill the legal requirement.
Select the format of the poster you are using, such as '11x17 inches' (standard) or another approved size, as the NLRB specifies minimum size and readability standards.
COMMON MISTAKE: Selecting the wrong size or using a poster scaled down too small to be easily readable, which violates posting guidelines.
Select the language(s) of the poster displayed, typically 'English' or 'English and Spanish', based on the primary language of your workforce to ensure effective notice.
COMMON MISTAKE: Only posting in English if a significant portion of your workforce primarily reads another language, which may be deemed insufficient notice.
Select 'Yes' if your business operates from a physical office, store, or facility where employees report to work, as this determines if a physical poster is required.
List the specific, conspicuous places where the poster is physically posted, such as 'Break room bulletin board', 'Near time clock', or 'Main employee entrance', as required by NLRB rules.
COMMON MISTAKE: Listing inadequate or non-consipcuous locations (e.g., a back office) where employees are unlikely to see it, which is a common compliance failure.
Select 'Yes' if you employ any personnel who work primarily from a location other than your main physical workplace, as this triggers the need for electronic posting.
COMMON MISTAKE: Selecting 'No' when you have remote workers, which misses the mandatory requirement to also distribute the notice electronically.
Describe how the poster is provided to remote employees, such as 'Posted on company intranet', 'Included in onboarding email', or 'Available via shared HR drive', to satisfy the NLRB's electronic notice requirement.
COMMON MISTAKE: Providing vague methods (e.g., 'sent email') without a reliable, habitual means of access, or failing to do it at all if remote employees exist.
Confirm that the official NLRB poster is currently displayed in your workplace, as the requirement is for continuous, conspicuous posting.
COMMON MISTAKE: Selecting 'Yes' prematurely before the poster is actually displayed, or letting the poster become damaged/obscured over time.
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Displaying an old version of the NLRA poster, typically from before the National Labor Relations Board's (NLRB) last update in November 2024. This violates the requirement to post the most current notice of employee rights. The NLRB's website is the sole official source; using a cached or third-party PDF from a previous year is a common error. To avoid, always download the poster directly from the NLRB's 'Posters' page and check the revision date, which should read 'October 2024.'
Placing the poster in a breakroom cabinet, a locked office, or another low-traffic area where employees are unlikely to see it. The NLRB requires the poster be displayed 'conspicuously' in a place where employees customarily gather for work-related notices. For Rochester-area restaurants, this means the main kitchen bulletin board, near time clocks, or next to mandatory state postings like wage notices — not in the manager's office. A failure to post conspicuously can lead to an unfair labor practice charge.
Assuming only full-time, hourly kitchen staff need to see the poster and excluding areas used by delivery drivers, part-time servers, or contracted cleaners. The NLRA covers most private-sector employees, regardless of classification. If you have staff who report to a separate entrance or a detached prep kitchen, they need their own poster. Audit all employee entrances and common areas to ensure every worker cohort has access, which prevents violations and demonstrates good-faith compliance.
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| City | Fee Range | Timeline |
|---|---|---|
| Buffalo | ||
| New York City | ||
| Rochester |
Determine your obligation to post the notice by reviewing the NLRA's coverage rules. Most private sector employers, including restaurants, are covered. You must obtain the official poster (Form NLRB-1) or an exact duplicate. Decide where to post: in a conspicuous place where all employees, including applicants, can see it. Download the current poster directly from the NLRB website to ensure it hasn't been revised.
Download the official "Employee Rights Under the National Labor Relations Act" poster (NLRB-1) in PDF format from the National Labor Relations Board (NLRB) website. This poster is free and provided by the federal government. Print the poster on 11"x17" paper to ensure text is legible. You can also order a pre‑printed copy via the NLRB website, but delivery takes time. Do not create your own version; using the official poster avoids violations.
Physically post the notice in a conspicuous area where employees typically see employment‑related notices, such as a break room, near time clocks, or on a main bulletin board. Ensure it's posted at all your establishments or work sites. If you have a significant portion of non‑English‑speaking employees, you must also post the notice in the appropriate language(s) — the NLRB provides translations. Document your posting with a dated photograph for your records.
This is one of 13 requirements for opening a restaurant in New York.
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local
federal
state
See all co-required forms and how they connect to your compliance dossier.
See All RequirementsThere is no formal processing timeline for displaying this federally mandated poster. The requirement, issued by the National Labor Relations Board (NLRB), is effective immediately upon display; there is no approval or waiting period from any local Rochester authority. You are considered compliant as soon as you post the notice in your workplace.
The poster itself costs $0–$0 in government filing fees, per the NLRB. You can download and print the official poster at no cost from the NLRB website. However, ensure you also meet all local posting requirements, such as obtaining a City Business License/Registration, which may have its own associated fees.
The federal poster is not location-specific and does not require transfer. You must display it at any workplace covered by the National Labor Relations Act. However, if you relocate your business within Rochester, you must update your local registrations, such as your Building Permit or Certificate of Occupancy, with the appropriate city departments.
There is no renewal process for this federal notice. You must keep the current version posted at all times. The NLRB updates the poster content when the law changes, so you should periodically check their website to ensure your displayed notice is the most recent version. Contact the NLRB directly to confirm there have been no updates.
An NLRB agent or other federal compliance officer may visit to verify the poster is displayed prominently and accessibly in the workplace, as required by federal law. The inspection is typically unannounced and focuses solely on the poster's visibility and content, not on local Rochester permits. Non-compliance can result in federal enforcement actions, including orders to post the notice and potential unfair labor practice proceedings.
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 New York specifically, we have analyzed compliance dossiers for 3 cities (Buffalo, New York City, Rochester), 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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