Failing to conspicuously post federal labor law notifications leaves your Memphis business vulnerable to unfair labor practice charges and mandatory backpay awards from the National Labor Relations Board (NLRB). This Employee Rights Under the National Labor Relations Act Poster is a mandatory federal notice, also called the NLRB Poster or Section 7 Rights poster, enforced by the National Labor Relations Board. 13 fields are required for compliance documentation, with no government filing fee. ApronPrep auto-fills 11 of the 13 fields, and most restaurant owners complete this in under 15 minutes.
Analyzed from Employee Rights Under the National Labor Relations Act Poster
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Your requirement to post the Employee Rights Under the National Labor Relations Act Poster stems directly from the federal National Labor Relations Act (NLRA), administered by the National Labor Relations Board (NLRB). The NLRA applies to nearly all private sector employers, including restaurants, across the United States, and mandates that employers post an official notice (NLRA Poster) informing employees of their rights to organize, bargain collectively, and engage in other protected concerted activities. The NLRB has enforcement authority for this federal mandate in all 50 states, meaning your Memphis restaurant must comply regardless of Tennessee state law. Failure to display the poster can be considered an unfair labor practice, which the NLRB investigates and adjudicates.
While this is a federal poster without a direct local Memphis ordinance, non-compliance carries significant practical and financial consequences for your business. Based on NLRB case data, the primary penalties for violations include:
Legal code: National Labor Relations Act (NLRA)
Recent update: In August 2023, the NLRB issued its final rule on the standard for determining joint-employer status under the NLRA (29 CFR §103.40), which could affect which entities are responsible for posting the notice in franchise or management company scenarios.
| Type | Required | Notes |
|---|---|---|
| Restaurant (Full-Service) | Required | Required under NLRA § 151 if the business engages in interstate commerce and has annual gross revenue over $500,000, which most established full-service restaurants meet. |
| Bar / Nightclub | Required | Required if the business engages in interstate commerce (e.g., purchases goods from out-of-state) and meets the NLRB's jurisdictional standards, which most bars do. |
| Food Truck | Required | Required because food trucks typically operate across state lines (interstate commerce) and purchase supplies from out-of-state distributors, placing them under NLRA jurisdiction. |
| Coffee Shop / Café | Required | Required if the café engages in interstate commerce, which is almost certain due to sourcing coffee, supplies, or credit card transactions from out-of-state entities. |
See which restaurant types need this requirement — and which don't.
See Full Requirements →Select 'Yes' if your business has any employees, as the National Labor Relations Act (NLRA) posting requirement applies to all non-exempt employers with a workforce; if you are a sole proprietor with no staff, select 'No.'
COMMON MISTAKE: Incorrectly selecting 'No' if you have any paid employees, even part-time or seasonal, which misstates your legal obligation under the NLRA and can lead to non-compliance.
Select your business's classification, such as private-sector employer, union, or agricultural employer, as coverage under the NLRA and specific posting rules depend on this classification per the National Labor Relations Board (NLRB).
COMMON MISTAKE: Choosing an incorrect classification (e.g., selecting 'private employer' if you are a railway/airline carrier, which is generally excluded), which can invalidate the posting requirement assessment.
Confirm that you have downloaded the official 'Employee Rights Under the National Labor Relations Act' poster from the NLRB website or another authorized source, as using unofficial or outdated versions is non-compliant.
COMMON MISTAKE: Selecting 'Yes' after downloading an outdated poster (the NLRB updates it periodically) or from a non-official third-party site, which does not meet the legal requirement.
Select the physical poster size you will use (e.g., 11x17 inches is the standard NLRB-recommended size) or indicate if you are using an electronic-only format, as the poster must be readily visible and legible.
COMMON MISTAKE: Selecting a format that is too small (e.g., letter size 8.5x11) when a larger size is needed for visibility, which may not satisfy the 'conspicuous place' posting rule.
Select the language(s) of the poster you will display, such as English or Spanish; if a significant portion of your workforce is not proficient in English, you may need bilingual or translated versions to ensure effective notice.
COMMON MISTAKE: Only selecting English when a substantial number of employees primarily speak another language, failing the NLRB's requirement that notices be understood by employees.
Select 'Yes' if your business operates from a physical location like a restaurant, office, or warehouse where employees report to work, as this triggers the requirement to post the notice in a conspicuous place at that site.
COMMON MISTAKE: Selecting 'No' when you have a physical premises, incorrectly assuming remote-only operations, which omits the mandatory in-person posting requirement.
List the exact physical locations where the poster will be placed, such as 'employee break room bulletin board,' 'time clock area,' or 'main entrance hallway,' to document compliance with the 'conspicuous place' rule.
COMMON MISTAKE: Vaguely describing locations like 'somewhere in the back' or omitting areas where all employees are likely to see it, which does not demonstrate adequate posting per NLRB guidance.
Select 'Yes' if you employ any workers who do not regularly report to a physical workplace, such as remote or telecommuting staff, as this may require electronic distribution of the poster via email, intranet, or company website.
COMMON MISTAKE: Selecting 'No' when you have remote staff, failing to implement the electronic posting requirement and leaving a segment of the workforce without proper notice.
Describe how you will distribute the poster electronically to remote employees, such as 'company intranet HR page,' 'all-staff email with PDF attachment,' or 'dedicated compliance portal,' as required by NLRB rules for workplaces with off-site staff.
COMMON MISTAKE: Listing an ineffective method (e.g., 'available upon request') or failing to specify a method that ensures all remote employees receive it, which does not meet the affirmative distribution standard.
Select 'Yes' only after you have actually printed and posted the official NLRB poster in all required physical locations, as this confirms active compliance; selecting 'Yes' prematurely is a common audit failure.
COMMON MISTAKE: Selecting 'Yes' before the poster is actually displayed, which misrepresents your compliance status and can lead to penalties if inspected.
ApronPrep auto-fills 11 of 13 fields from a single compliance interview — no re-typing, no guessing what the government expects.
Using an older poster that omits updates, such as the NLRB's current contact information for the regional office, can be cited as non-compliance. Based on ApronPrep's analysis, this is the most common oversight. Always download the official 'Employee Rights Under the NLRA' poster (NLRB Form 1400) directly from the NLRB.gov website to ensure you have the most recent version with the correct Memphis Region 26 office details.
If a significant portion of your employees are not proficient in English, you must also post the notice in the language they speak. In Memphis, Spanish is a common second language. Posting only in English can result in a failure-to-post violation if challenged. The NLRB provides official Spanish and other language versions; use them alongside the English poster.
Hiding the poster in a break room corner, a locked office, or among a clutter of other notices means employees may not see it, which violates the 'conspicuous place' requirement. Consequences include potential unfair labor practice charges. The poster must be in a location where all employees routinely gather, such as near time clocks, main entrances, or standard bulletin boards used for employment notices.
ApronPrep auto-fills 11 of 13 fields from one compliance interview.
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| City | Fee Range | Timeline |
|---|---|---|
| Knoxville | ||
| Memphis | ||
| Nashville |
Determine if your business is covered by the NLRA, which applies to most private-sector employers. The National Labor Relations Board (NLRB) provides a jurisdiction guide on its website. If you are unsure, you can contact the NLRB's regional office for clarification. This step is crucial, as failure to post if required can lead to unfair labor practice charges.
Obtain the official 'Employee Rights Under the National Labor Relations Act' poster (NLRB Form 14729A). It's available as a free PDF download from the NLRB website (nlrb.gov) or you can order a single, free printed copy by mail. Ensure you have the correct, most recent version. Do not use posters from third-party vendors unless you verify they match the current NLRB version exactly.
Print the downloaded poster on 11"x17" paper or display the mailed copy. Post it in a prominent area where employees regularly gather or see notices, such as a break room or next to other required labor law posters. Federal contractors have additional posting requirements. Taking a dated photo of the posted notice is a recommended practice for your records.
This is one of 13 requirements for opening a restaurant in Tennessee.
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See all co-required forms and how they connect to your compliance dossier.
See All RequirementsThe timeline for posting is immediate. The National Labor Relations Board (NLRB) does not have an approval process; you must obtain and post the required notice right away. While obtaining the poster itself is instantaneous, completing related foundational steps like your Application for Employer Identification Number often takes longer and must be done first.
There is no government filing fee for the poster itself. The NLRB provides the official "Employee Rights Under the National Labor Relations Act" poster as a free download. While the poster is free, other required postings for your business, such as an ADA Compliance Self-Certification notice, may have associated costs.
No, the notice is not transferable. The federal posting requirement is specific to each worksite. If you move your restaurant or open a new location, you must post a new notice in that new workplace. It is your responsibility to ensure the poster is displayed wherever employees work, per the National Labor Relations Act.
You do not renew this poster. It is a one-time posting requirement, but it must be continuously displayed. You only need to replace the poster if the NLRB updates the official notice, which has happened twice since 2010. You must always display the most current version.
The NLRB does not conduct routine compliance inspections. However, the poster's presence can be checked during a federal labor investigation triggered by an employee complaint. Investigators will verify the poster is displayed prominently where employees can see it, similar to how a City Business License/Registration might be checked in a local inspection. Not having it posted can be used as evidence of an unfair labor practice.
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 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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