Failing to post the federal Family and Medical Leave Act (FMLA) notice risks Department of Labor (DOL) penalties, which can be levied without an employee complaint and include fines for each violation. This is a mandatory workplace poster, enforced by the U.S. Department of Labor Wage and Hour Division, that must be displayed prominently for your Aurora employees. Key facts:
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The Family and Medical Leave Act (FMLA) Poster, also required under the Fair Labor Standards Act (FLSA), is a federal workplace posting mandate. The U.S. Department of Labor's Wage and Hour Division enforces this requirement for all covered employers, which includes most Aurora restaurants with 50 or more employees within a 75-mile radius. The poster informs employees of their rights to unpaid, job-protected leave for specified family and medical reasons. While Aurora, Illinois, does not impose additional local posting ordinances, failing to display this specific federal poster constitutes a direct violation of 29 CFR § 825.300, the FMLA's posting regulation, and can trigger broader FLSA non-compliance investigations.
For restaurant owners, neglecting to post the official FMLA notice invites significant financial and operational penalties during a routine or complaint-driven DOL inspection. Consequences include:
Legal code: Fair Labor Standards Act (FLSA), Family and Medical Leave Act (FMLA), Davis-Bacon Act, Service Contract Act
Recent update: The 2026 version of the FMLA Poster incorporates updated contact information for the Wage and Hour Division and reflects current regulatory language; using an outdated poster from prior years is a common compliance mistake.
| Type | Required | Notes |
|---|---|---|
| Restaurant (Full-Service) | Required | Required if the restaurant employs 50 or more people within 75 miles of the Aurora location, as mandated by federal law 29 CFR § 825.300(a)(1). |
| Bar / Nightclub | Required | Required if the establishment meets the 50-employee, 75-mile threshold, as it is a covered employer under the Fair Labor Standards Act (FLSA). |
| Food Truck | Not Required | Typically exempt unless part of a fleet or company with 50+ total employees, as individual trucks rarely meet the 50-employee coverage threshold. |
| Coffee Shop / Café | Required | Required if it is part of a corporate chain with 50+ total employees; a single, independently owned shop is often exempt from the posting requirement. |
See which restaurant types need this requirement — and which don't.
See Full Requirements →Enter the total number of employees, both full-time and part-time, that were on your payroll during 20 or more workweeks in the current or preceding calendar year—this determines FMLA coverage requirements per 29 CFR § 825.104.
COMMON MISTAKE: Entering the number of employees at a single location or counting only full-time workers, which leads to an inaccurate determination of whether you are a covered employer under FMLA.
Confirm you understand that, as a covered employer (50+ employees), you are legally required by the U.S. Department of Labor (DOL) to display the most recent FMLA poster in a conspicuous place.
COMMON MISTAKE: Selecting 'no' due to misunderstanding, which may indicate non-compliance but does not directly cause a rejection on this internal checklist.
Confirm you have downloaded the official, updated FMLA poster (publication WHD 1420) directly from the DOL website or another authorized source to ensure it's the correct version.
COMMON MISTAKE: Using an outdated poster (e.g., 2023 or earlier version) which does not reflect current law and is a direct violation, leading to DOL citations.
Select where you obtained the poster, such as 'DOL.gov website,' 'State labor agency,' or 'Commercial poster service,' to verify the source is official and reliable.
COMMON MISTAKE: Selecting an unofficial source like a generic HR blog or using a poster from a prior owner, which often provides an incorrect or non-compliant document.
Describe the specific, conspicuous place where the poster is displayed (e.g., 'Break room bulletin board,' 'Near time clock'), as required by DOL regulations for easy employee access.
COMMON MISTAKE: Listing an inaccessible location like a manager's private office or a back storage room, which violates the 'conspicuous place' rule and can trigger a DOL fine.
Indicate if your business operates from more than one physical site, as this triggers the requirement to display the poster at each location where you have 50 or more employees within 75 miles.
COMMON MISTAKE: Selecting 'no' when you have multiple sites, leading to incomplete compliance and leaving other locations vulnerable to inspection and penalties.
If you have multiple locations, enter the total count of all sites to help audit that the poster requirement is being met at each covered establishment.
COMMON MISTAKE: Leaving this field blank when 'has_multiple_locations' is true, creating an inconsistency in your compliance record.
Certify that the official FMLA poster is physically posted and visible to all employees, completing the core compliance action required by the DOL.
COMMON MISTAKE: Selecting 'yes' without a physical verification, which creates a false record and offers no defense during a DOL audit or employee complaint.
Confirm you have a process to ensure the poster remains undamaged, unobstructed, and legible, as a torn, faded, or covered poster is non-compliant.
COMMON MISTAKE: Selecting 'no,' indicating a reactive approach that often leads to an unnoticed violation, such as the poster being covered by another notice.
Confirm you are aware that the DOL can update the poster and that you have a plan to check for and post new versions, as using an outdated poster is a violation.
COMMON MISTAKE: Selecting 'no,' which is a common oversight that results in businesses displaying obsolete posters for years, incurring risk without knowing.
Posting the Department of Labor's 2024 or earlier general FMLA poster, instead of the current 2026 version, is a common violation. The Wage and Hour Division (WHD) updates the poster every few years to reflect regulatory changes. This mistake typically results in a 'failure to post' violation during a WHD inspection, which can trigger compliance investigations into your other labor practices. Always verify you are using the most current poster from the official DOL website before printing and displaying.
Placing the poster in a manager's office, a back-of-house break room, or any area not frequented by all employees fails the 'conspicuous place' requirement under 29 CFR § 825.300(a). For example, if delivery drivers or part-time kitchen staff never see the poster, your business is not in compliance. This location error can lead to employee complaints to the DOL and subsequent fines, as it denies workers knowledge of their rights. The poster must be displayed where all employees can see it, such as next to the time clock or on a main employee bulletin board.
In Aurora, Illinois, employers covered by the FMLA are also subject to the Illinois Family Military Leave Act (IFMLA) and must display the Illinois Department of Labor's (IDOL) IFMLA notice alongside the federal FMLA poster. Relying solely on the federal poster and failing to include the state-specific notice violates Illinois law (820 ILCS 151/). This omission can result in separate penalties from the IDOL. To avoid this, download and post the 'Notice of Employee Rights Under the Illinois Family Military Leave Act' from the IDOL website next to your FMLA poster.
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| City | Fee Range | Timeline |
|---|---|---|
| Aurora | ||
| Chicago | ||
| Rockford |
Obtain the official, current FMLA poster from the U.S. Department of Labor's Wage and Hour Division. The 2026 version is available as a free PDF download from the DOL website, or you can order a printed copy at no cost through the DOL's publication service. You must use the federal version; using outdated posters or generic templates from other sources is a common compliance mistake. The poster is available in both English and Spanish.
Identify a prominent, conspicuous location in your workplace where all employees can easily see it, such as a break room, near a time clock, or with other employee notices. Ensure the surface is clean and the poster is protected. The DOL requires the poster be displayed at all worksites, even if you have no eligible employees. If you have a remote or hybrid workforce, you must also electronically post the notice on an internal company website or intranet.
Print the downloaded PDF on 11"x17" paper or larger for clarity, or mount the ordered copy. Post it in the chosen location. It's a best practice to take a timestamped photo of the displayed poster and keep it in your compliance records. Failing to display the poster prominently is the primary reason for citations during a DOL audit. Federal law does not require you to file an application or receive approval for the poster itself.
This is one of 13 requirements for opening a restaurant in Illinois.
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local
state
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See all co-required forms and how they connect to your compliance dossier.
See All RequirementsThere is no formal application or approval period for this federally mandated notice. Once you obtain the current 2026 version of the FMLA poster from the U.S. Department of Labor, you must post it immediately in your Aurora restaurant. While the city does not issue the poster, compliance with federal posting rules, as enforced by the DOL, begins the moment you are covered as an employer.
The required government-issued FMLA poster is free. You can download it at no cost from the U.S. Department of Labor's website. Be aware that businesses sometimes pay third-party services for printing or for all-in-one City Business License/Registration compliance posters, but the official federal form itself has a government filing fee of $0. Not legal advice — verify with the U.S. DOL.
The poster itself is not a transferable permit. It is a federal notice that must be physically posted at each of your business locations where you have covered employees. If you open a second location in Aurora, you must post a separate, current FMLA poster there. This requirement exists independently of location-specific permits like a Certificate of Occupancy.
You do not renew the poster, but you must replace it with an updated version when the U.S. Department of Labor releases a new one, which can happen due to statutory changes. The current mandatory version is dated 2026. The city of Aurora does not send renewal notices for this federal requirement; it is your responsibility to monitor the DOL website for updates to stay in compliance.
There is no specific 'inspection' for the FMLA poster conducted by the city of Aurora. However, a U.S. Department of Labor Wage and Hour Division investigator may check for its proper posting during a routine or complaint-based workplace audit. They will verify the poster is the current version, displayed in a conspicuous place where employees can see it, similar to how other mandatory federal posters like those for E-Verify Enrollment are 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 Illinois specifically, we have analyzed compliance dossiers for 3 cities (Aurora, Chicago, Rockford), 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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