Your restaurant is at risk for a Wage and Hour Division investigation and costly penalties if you don't display the current Family and Medical Leave Act (FMLA) poster, also called the federal workplace poster on employee rights. This is a U.S. Department of Labor requirement for any employer covered by the FMLA, which includes restaurants meeting specific employee thresholds. Based on ApronPrep's analysis, this 10-field form has no government filing fee, and processing timelines vary based on your method of obtaining the poster. Most applicants complete this in under 15 minutes with ApronPrep, which auto-fills 8 of 10 fields.
Analyzed from Family and Medical Leave Act (FMLA) Poster
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The Family and Medical Leave Act (FMLA) Poster is a federal workplace notice required for employers covered by the Fair Labor Standards Act (FLSA). While it is a federal law enforced by the U.S. Department of Labor (DOL) - Wage and Hour Division, its posting requirement applies uniformly to eligible employers in all states and localities, including Aurora, Colorado. The core legal mandate stems from 29 CFR § 825.300(a), which states covered employers must display this poster 'prominently where it can be readily seen by employees and applicants for employment.' The DOL considers this a fundamental transparency obligation, separate from any state-specific family or medical leave laws that may also apply.
Failing to properly post the mandatory FMLA notice triggers direct enforcement action from the DOL. The primary penalties are financial and operational, and a single violation can compound quickly. Based on DOL enforcement data and the cited statutes, the consequences for non-compliance include:
Legal code: Fair Labor Standards Act (FLSA), Family and Medical Leave Act (FMLA), Davis-Bacon Act, Service Contract Act
Recent update: As of March 2024, the U.S. Department of Labor released an updated version of the FMLA poster to reflect regulatory changes; employers must display the current version to be in compliance.
| Type | Required | Notes |
|---|---|---|
| Restaurant (Full-Service) | Not Required | Only required if the establishment had 50 or more employees working within 75 miles for at least 20 workweeks in the current or preceding year, per FMLA regulations (29 CFR § 825.104). |
| Bar / Nightclub | Not Required | Only required if the establishment had 50 or more employees working within 75 miles for at least 20 workweeks in the current or preceding year, per FMLA regulations (29 CFR § 825.104). |
| Food Truck | Not Required | Highly unlikely to meet the 50-employee threshold; therefore, the FMLA poster requirement typically does not apply. |
| Coffee Shop / Café | Not Required | Only required if the establishment had 50 or more employees working within 75 miles for at least 20 workweeks in the current or preceding year, per FMLA regulations (29 CFR § 825.104). |
See which restaurant types need this requirement — and which don't.
See Full Requirements →Enter the total number of employees on your payroll across all locations (including part-time and temporary staff) for at least 20 workweeks in the current or preceding year; this determines if you meet the 50-employee threshold for mandatory posting per the federal Family and Medical Leave Act (FMLA), 29 U.S.C. § 2611(2).
COMMON MISTAKE: Entering only full-time staff, counting employees for fewer than 20 weeks, or including contractors incorrectly—these errors can lead to a false determination of ineligibility and non-compliance with a federal mandate.
Select 'Yes' to confirm you understand that employers with 50 or more employees must display the FMLA poster (WH Publication 1420) in a conspicuous place where employees can see it, as required by federal law (29 C.F.R. § 825.300).
COMMON MISTAKE: Selecting 'No' or leaving this field blank, which indicates a lack of awareness of the legal requirement and can delay confirmation of compliance.
Select 'Yes' to confirm you have obtained the official, current 2026 version of the 'Your Rights Under the Family and Medical Leave Act' poster (available from the U.S. Department of Labor's Wage and Hour Division website).
COMMON MISTAKE: Downloading an outdated version (pre-2026) or using a poster from an unofficial source, which is not compliant and risks fines.
Select how you obtained the poster: 'DOL Website' for direct download, 'ApronPrep' for auto-provided copy, or 'Other Provider' if acquired elsewhere—the official source ensures the poster contains all mandated legal text and updates.
COMMON MISTAKE: Selecting 'Other Provider' without verifying the poster is the unaltered, current federal version, which may lead to displaying incorrect or incomplete information.
Describe the exact physical location where the poster is displayed (e.g., 'Employee break room bulletin board next to time clock' or 'HR office lobby wall')—it must be a place frequented by employees, per 29 C.F.R. § 825.300.
COMMON MISTAKE: Providing vague descriptions like 'in the office' or listing a digital-only location without a physical backup, which fails to meet the 'conspicuous place' requirement and can trigger compliance failures during inspections.
Select 'Yes' if you operate more than one worksite, as the FMLA requires the poster to be displayed at each location where 50 or more employees are employed within 75 miles, according to 29 U.S.C. § 2611(2)(B).
COMMON MISTAKE: Incorrectly selecting 'No' when you have multiple locations, leading to incomplete posting and potential non-compliance at undisclosed sites.
If you have multiple locations, enter the total count of all your business worksites to ensure the compliance checklist accounts for each required posting site.
COMMON MISTAKE: Entering only locations with 50+ employees; you must count all worksites to properly assess multi-site obligations.
Select 'Yes' to certify that the official FMLA poster is currently posted and visible to employees at the location(s) specified, confirming active compliance.
COMMON MISTAKE: Selecting 'Yes' before the poster is actually displayed, which creates a false record and offers no protection in an audit.
Select 'Yes' to confirm you have a process to ensure the poster remains unobstructed, undamaged, and legible—routine checks prevent accidental non-compliance.
COMMON MISTAKE: Assuming posting is a one-time task; without a maintenance plan, posters can become covered, torn, or faded, rendering them non-compliant.
Select 'Yes' to acknowledge you will monitor for updates from the U.S. Department of Labor, as the poster content is revised periodically and you must display the current version.
COMMON MISTAKE: Failing to monitor for updates; using an outdated poster after a regulatory change is a common violation.
Displaying an outdated FMLA poster from a previous year. Federal law requires the poster to contain the latest contact information and rights summaries as issued by the Wage and Hour Division. This is often the first thing a Department of Labor (DOL) inspector checks during a compliance audit, leading directly to penalties. Always download the current version directly from the DOL website to avoid this mistake.
Posting in a back office or an area not frequented by employees, like a manager's private office. The law (29 CFR § 825.300) requires it to be displayed "in a conspicuous place where employees and applicants for employment can see it." Common visible areas include break rooms, near time clocks, or on a main bulletin board next to other mandatory postings. Burying the poster in an HR file cabinet is a frequent compliance failure.
Assuming a physical poster satisfies the requirement for telecommuters or remote workers. For employees who don't report to a physical workplace, the DOL requires employers to electronically distribute the poster (e.g., via email, company intranet, or shared drive) and ensure employees know how to access it. Simply posting it at the main worksite is insufficient and leaves the business vulnerable to claims from remote staff.
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| City | Fee Range | Timeline |
|---|---|---|
| Aurora | ||
| Colorado Springs | ||
| Denver |
Go to the U.S. Department of Labor’s Wage and Hour Division (WHD) website and download the most current version of the 'Employee Rights Under the Family and Medical Leave Act' poster. This is mandatory for all covered employers under federal law. Ensure you download the English version, and the Spanish version if you have Spanish-speaking employees, from the official DOL site to guarantee it’s compliant and includes any 2026 updates.
Print the downloaded PDF poster on durable paper (e.g., 20lb bond or heavier). Before posting, verify critical details: the poster must be at least 8.5 x 11 inches in size and contain all required text, including employee eligibility criteria, leave entitlements, and contact information for the DOL Wage and Hour Division. Ensure the DOL-issued publication number is visible. A common mistake is using an outdated poster from a third-party site missing recent regulatory updates, which is a violation.
Display the poster prominently where all employees can easily see it. The DOL requires posting in a place "customary for notices to employees," such as a break room, near time clocks, or on a common employee bulletin board. For Aurora businesses, this is a requirement separate from any Colorado-specific posters (like the Colorado Minimum Wage Order poster). Remote or hybrid workers must also receive a digital copy via email or company intranet. Failure to post can result in DOL investigation and penalties.
This is one of 13 requirements for opening a restaurant in Colorado.
federal
local
federal
state
See all co-required forms and how they connect to your compliance dossier.
See All RequirementsThe timeline to obtain the FMLA poster is immediate, as there is no formal 'issuance' process. The primary task is downloading the free, mandatory poster from the U.S. Department of Labor website and displaying it conspicuously for employees. Your compliance timeline begins the moment you display the poster—there are no government processing days to wait for.
There is no government filing fee to obtain the mandatory FMLA poster. Posters are available for free download from the official U.S. Department of Labor website. The only potential cost is printing the poster for physical display, which you can do yourself or through a commercial service. Not legal advice—verify current requirements with the DOL.
Yes, an FMLA poster is not a location-specific permit but a federal workplace notice, so you transfer it by simply displaying it at your new place of business. Your key location-based requirement in Aurora is obtaining a City Business License/Registration. Displaying the poster is a separate, continuous obligation at any location where you have eligible employees.
You do not renew an FMLA poster; it is a permanent notice you must display. However, you must ensure you are using the most current version issued by the DOL (the current one is from 2026). Unlike the Colorado COMPS Order Poster, which updates annually, the FMLA poster only changes when federal law is amended, so check the DOL website periodically for updates.
There is no scheduled government inspection for the FMLA poster alone. A federal Wage and Hour Division investigator, during a routine audit or complaint investigation, will check for its proper display along with other required workplace posters. Failure to display it can result in compliance actions and penalties. For local Aurora inspections (e.g., for a Certificate of Occupancy), this federal poster is generally not reviewed.
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 Colorado specifically, we have analyzed compliance dossiers for 3 cities (Aurora, Colorado Springs, Denver), 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.
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