Family and Medical Leave Act (FMLA) Poster in San Jose, California (2026)
Your restaurant faces a $195 federal penalty for each violation if you fail to display the current Family and Medical Leave Act (FMLA) notice to employees. This federally-mandated labor law poster, also called the WH Publication 1420, must be posted by all covered employers in San Jose. The U.S. Department of Labor's Wage and Hour Division administers this rule, and while there is no filing fee, failure to post the correct notice can trigger immediate fines.
- 10 fields — ApronPrep auto-fills 8
- $0–$0 government filing fees
- Varies (posting requirement is continuous)
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Analyzed from Family and Medical Leave Act (FMLA) Poster
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Why You Need a Family and Medical Leave Act (FMLA) Poster
You are required by federal law to post the Family and Medical Leave Act (FMLA) poster in a conspicuous place where employees can easily see it. This federal mandate is governed by the U.S. Department of Labor's Wage and Hour Division (WHD) under the authority of the Family and Medical Leave Act of 1993 (29 U.S.C. §§ 2601-2654). The requirement applies broadly to all covered employers, which includes most restaurants in San Jose. Additionally, while California has its own paid leave laws, the federal FMLA poster is a separate, non-negotiable posting requirement. The poster outlines employees' rights to job-protected, unpaid leave for qualified medical and family reasons, and its display is a primary method of compliance.
Failure to display the required FMLA poster can trigger investigations and lead to significant penalties from the Department of Labor. Common consequences include:
- Civil money penalties for willful violations of posting requirements, which can be assessed per violation.
- Investigation triggers: A missing poster can prompt a broader Wage and Hour Division audit of your pay practices under the Fair Labor Standards Act (FLSA), potentially uncovering other violations.
- Increased legal risk: Employees denied leave may have stronger legal claims if they can prove they were unaware of their rights due to the missing poster, potentially leading to lawsuits for back pay, benefits reinstatement, and attorney's fees.
- Insurance and lease implications can arise if a lawsuit or government action results in a judgment, potentially affecting your business liability coverage or compliance with commercial lease terms.
Legal code: Fair Labor Standards Act (FLSA), Family and Medical Leave Act (FMLA), Davis-Bacon Act, Service Contract Act
Recent update: The most recent version of the FMLA poster (referred to as the 2026 version) was released by the U.S. Department of Labor to reflect updated contact information and minor clarifications in language.
Who Needs a Family and Medical Leave Act (FMLA) Poster?
| Type | Required | Notes |
|---|---|---|
| Restaurant (Full-Service) | Required | Required if the establishment employs 50 or more people within a 75-mile radius, as mandated by the federal FMLA of 1993 (29 U.S.C. § 2611(2)). |
| Bar / Nightclub | Required | Required if the business meets the 50-employee threshold; the FMLA applies to all private-sector employers in covered industries, including hospitality. |
| Food Truck | Not Required | Typically exempt due to the 50-employee threshold; most food truck operations are small businesses with fewer than 50 total staff across all locations/operations. |
| Coffee Shop / Café | Required | Required if the business, including any corporate-owned chain location, employs 50 or more people within a 75-mile radius. |
See which restaurant types need this requirement — and which don't.
See Full Requirements →Field-by-Field Guide (10 Fields)
8 of 10 auto-filledTotal Number of Employees
numberEnter the total number of employees across all your worksites within 75 miles; this determines if your business is covered by the FMLA (50+ employees).
COMMON MISTAKE: Counting only employees at the current worksite and missing employees at other company locations within the radius, which can lead to non-compliance if you incorrectly believe you are exempt.
Understanding of FMLA Poster Requirement
booleanConfirm you understand that posting the FMLA notice is a mandatory compliance step for covered employers, separate from other labor law posters.
COMMON MISTAKE: Assuming all labor posters are the same or that a general state poster fulfills the specific federal FMLA requirement.
FMLA Poster Downloaded
booleanConfirm you have obtained the official 'Your Rights Under the Family and Medical Leave Act' poster from the U.S. Department of Labor (Form WH-1420).
COMMON MISTAKE: Downloading an outdated poster or a non-official version from a third-party site, which may not contain the legally required text and contact information.
Poster Acquisition Method
selectIndicate how you obtained the poster, such as direct download from dol.gov, ordering a printed copy, or receiving it from a compliance service.
COMMON MISTAKE: Selecting an invalid source; the only acceptable official source is the U.S. Department of Labor (DOL).
Poster Display Location
textSpecify the exact, conspicuous place where the poster is displayed (e.g., 'Break room bulletin board next to time clock' or 'Employee entrance hallway').
COMMON MISTAKE: Vague descriptions like 'in the office' or placing it in a manager-only area, which fails the 'conspicuous place' requirement and can lead to citation.
Business Has Multiple Locations
booleanIndicate if your business operates from more than one worksite, as this triggers the requirement to post at each location.
COMMON MISTAKE: Answering 'No' when you have multiple sites within 75 miles of each other, creating a coverage gap and non-compliance at the unposted location.
Number of Business Locations
numberIf you have multiple locations, enter the total count to ensure a poster is accounted for at each covered worksite.
Poster Display Confirmed
booleanFinal confirmation that the official poster is currently displayed in a conspicuous place where employees and applicants can see it.
COMMON MISTAKE: Confirming display before the poster is physically posted, or confirming for only one location when multiple require posting.
Poster Maintenance Plan
booleanConfirm you have a plan to ensure the poster remains unobstructed, undamaged, and legible over time.
COMMON MISTAKE: No plan for periodic checks, leading to a faded, torn, or covered poster that is effectively not displayed.
Monitoring for Poster Updates
booleanConfirm you are aware the DOL can update the poster and that you will monitor for changes to maintain compliance.
Top 5 Family and Medical Leave Act (FMLA) Poster Mistakes
1. Displaying an Outdated or Generic Poster
Posting a poster from a non-official source or an outdated version (e.g., a 2024 or generic poster from an office supply store) fails the legal requirement. Consequences include a $189 federal fine per violation and a failure-to-comply notice from the Department of Labor's Wage and Hour Division, which adds 2-3 weeks to your compliance timeline as you must re-post and potentially document corrective action. Always download the official 'Employee Rights Under the Family and Medical Leave Act' poster directly from the U.S. Department of Labor's website, which is updated for 2026, and verify it includes the current contact information for the Wage and Hour Division.
2. Posting in an Inaccessible or Non-Conspicuous Location
Placing the poster in a break room that is rarely used, a locked manager's office, or a low-traffic area where employees cannot easily see it does not meet the 'conspicuous place' requirement. Based on ApronPrep's analysis, this is the most common cause of employee complaints leading to DOL inquiries. To avoid this, post it where all employees can see it for their daily work, such as next to time clocks, on a main bulletin board in a high-traffic hallway, or in common areas like the kitchen or near schedule postings.
3. Failing to Post for All Employee Types
Assuming only full-time employees are covered and not displaying the poster in areas accessible to part-time, seasonal, or temporary staff is a critical oversight. The FMLA applies to all eligible employees, and the poster must be visible to all. This mistake can lead to individual employee claims that they were unaware of their rights, complicating any future leave disputes. Ensure posters are displayed in all common work areas, including separate buildings or remote locations if you have them, to cover your entire workforce.
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Family and Medical Leave Act (FMLA) Poster by City in California
| City | Fee Range | Timeline |
|---|---|---|
| Los Angeles | ||
| San Diego | ||
| San Jose |
Timeline: Varies
Download the Official 2026 Poster from the DOL
Visit the U.S. Department of Labor's (DOL) Wage and Hour Division website to download the current, mandatory 'Employee Rights under the Family and Medical Leave Act' poster (Form WHD 1420). You must use the 2026 version; displaying an outdated poster is a compliance violation. This is a federal form, so there are no state-specific versions for California, but you must also comply with the California Family Rights Act (CFRA) posting requirements, which often involves displaying both notices.
Print and Prepare the Poster for Display
Print the downloaded PDF on durable paper (at least 8.5 x 11 inches, but 11 x 17 inches is recommended for readability). Ensure the print quality is clear and the text is legible. You must post it in a conspicuous place where employees and applicants can readily see it, such as a break room, near time clocks, or with other required labor law posters. For businesses with remote workers, the DOL requires electronic posting on an internal or external website.
Acquire and Post the Required California-Specific Notices
In addition to the federal FMLA poster, California employers in San Jose must also display the 'Your Rights Under the California Family Rights Act (CFRA)' notice from the California Civil Rights Department (CRD). Download and print this notice from the CRD website. You must display both posters side-by-side in the same location to cover all protected leave reasons (federal FMLA does not cover leave for registered domestic partners or certain serious health conditions of a designated person, which CFRA does).
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 RequirementsThere is no processing or approval time as no permit or license is issued. You must obtain and display the poster as soon as you have employees. The timeline for getting a physical copy from a vendor or printing it yourself is immediate. This is a mandatory workplace posting, similar to other requirements like a California Employer Registration for Unemployment Insurance.
The official government filing fee is $0. The U.S. Department of Labor (DOL) provides the poster for free download on its website. You may incur costs for printing, lamination, or a frame. Not legal advice — verify with the DOL.
Yes. The federal FMLA poster is not tied to a specific address. You can move your physical copy to a new restaurant location. You must ensure it is posted in a conspicuous place for employees at the new site, just as you would need to update location-specific permits like an Alarm System Permit/Registration.
You do not renew the poster. However, you are responsible for displaying the most current version as updated by the U.S. Department of Labor. Check the DOL website annually for revisions, especially after new federal legislation. Failure to post the current version can trigger penalties during a wage and hour inspection.
There is no formal 'inspection' for this poster alone. A DOL Wage and Hour Division investigator or a state labor agency official may check for its presence during a routine compliance audit. They will verify the poster is the current version and displayed in a prominent area where employees can see it, alongside other required postings. Contact the DOL to confirm specific compliance check procedures.
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 10 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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