You risk Department of Labor penalties if your Detroit restaurant doesn't display the official 2026 Family and Medical Leave Act poster—also called the federal workplace poster—where employees can see it. This federal requirement is enforced by the U.S. Department of Labor's Wage and Hour Division, and Michigan follows the same mandatory posting rules. Key facts:
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The requirement to display the federal Family and Medical Leave Act (FMLA) poster is mandated by the U.S. Department of Labor's Wage and Hour Division (WHD) under 29 CFR 825.300. This is a federal regulation, and in Detroit, Michigan, you are also required by state law to display the Michigan Paid Medical Leave Act (PMLA) notice for eligible employees. For Detroit businesses, compliance means posting both the federal Family and Medical Leave Act (FMLA) Poster and the state notice. The authority to enforce these posting requirements lies with the federal WHD and the Michigan Department of Labor and Economic Opportunity (LEO).
Failure to display the correct posters in a conspicuous place where all employees can see them triggers significant penalties. For federal FMLA violations, the WHD can investigate and impose fines. Michigan's LEO enforces state posting requirements. Common consequences include:
Legal code: Fair Labor Standards Act (FLSA), Family and Medical Leave Act (FMLA), Davis-Bacon Act, Service Contract Act
Recent update: As of 2026, the U.S. Department of Labor has not announced changes to the mandatory FMLA poster language, but employers must always use the most current version issued by the WHD.
| Type | Required | Notes |
|---|---|---|
| Restaurant (Full-Service) | Required | Required if you employ 50 or more people within a 75-mile radius for at least 20 workweeks in the current or preceding year, per the FMLA's coverage thresholds. |
| Bar / Nightclub | Required | Required if you meet the FMLA's 50-employee, 20-workweek threshold; check your staffing levels across all your Michigan locations. |
| Food Truck | Not Required | Typically exempt because most food truck operations employ fewer than 50 people; the requirement is triggered by headcount, not business type. |
| Coffee Shop / Café | Not Required | Likely exempt; single-location coffee shops rarely employ 50+ people. The poster is only mandatory for covered employers. |
See which restaurant types need this requirement — and which don't.
See Full Requirements →Enter the total number of employees on your payroll for the entire company, including full-time, part-time, and remote workers, across all locations you operate.
COMMON MISTAKE: Counting only full-time staff or employees at a single location can incorrectly make your business seem ineligible for FMLA obligations.
Indicate 'Yes' if you understand that federal FMLA regulations require covered employers to display the official notice in a conspicuous workplace location.
Indicate 'Yes' only after you have successfully downloaded the 2026 'Your Rights Under the Family and Medical Leave Act' poster from the official U.S. Department of Labor website.
COMMON MISTAKE: Using an outdated poster from a third-party vendor or an incorrect state-specific poster, which does not satisfy the federal requirement and can lead to non-compliance penalties.
Select how you obtained the poster, such as 'DOL Website Download' or 'Purchased from Reputable Vendor'; accurate selection helps document your compliance process.
Describe the specific, conspicuous place where you will post the notice, such as 'Employee break room bulletin board' or 'Next to the time clock in the kitchen.'
COMMON MISTAKE: Providing a vague location like 'office' or a location employees rarely visit, which fails the 'conspicuous' standard and is a frequent cause of citation during DOL audits.
Answer 'Yes' if your business operates out of more than one physical workplace address, as this triggers a requirement to post the notice at all locations where eligible employees work.
If you have multiple locations, enter the total number of distinct physical workplace addresses where you have employees; this number determines the scale of your posting obligation.
Indicate 'Yes' only after the official 2026 FMLA poster has been physically posted in all required conspicuous locations; this is your final compliance confirmation.
COMMON MISTAKE: Confirming 'Yes' before the poster is actually displayed, which creates a false record and undermines your defense in case of an audit or employee complaint.
Indicate 'Yes' if you have a plan to check the poster(s) quarterly to ensure they remain clearly visible, are not damaged, and have not been covered or removed.
Indicate 'Yes' if you have a system to monitor for official updates from the U.S. Department of Labor, as the poster is updated periodically and employers must display the current version.
COMMON MISTAKE: Failing to monitor for updates and displaying an outdated poster, which is a common violation that can result in fines even if the old poster was once correctly displayed.
Using a poster from before 2025, which lacks the current required text and formatting, violates Department of Labor (DOL) regulations. The consequence is a potential Department of Labor inspection fine, which starts at $171 per poster violation and adds immediate compliance risk. To avoid this, only download and post the 'FMLA Fact Sheet #99' poster directly from the Michigan Department of Labor and Economic Opportunity (LEO) or U.S. DOL website, and verify its publication date.
Placing the poster in a breakroom, office, or other low-traffic area where employees cannot readily see it fails the 'conspicuous place' requirement. This mistake can lead to a DOL citation during an investigation, as the poster must be where all employees, including part-time and remote workers who report onsite, can view it. Based on ApronPrep's analysis, the most common cause for a citation is posting it in a manager's office instead of a common area like the timeclock station or kitchen entrance.
Posting only the federal FMLA poster and not the required Michigan Paid Medical Leave Act (PMLA) Rights poster for Detroit employers. Michigan's Paid Medical Leave Act (2018 PA 338) requires a separate, specific notice poster. The consequence is non-compliance with state law, which carries its own penalties and adds complexity for employees understanding their rights. Always post both the federal FMLA poster and the Michigan LEO's 'Paid Medical Leave Act' poster side-by-side in the same location.
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| City | Fee Range | Timeline |
|---|---|---|
| Detroit | ||
| Grand Rapids | ||
| Warren |
Download the mandatory 'Employee Rights Under the Family and Medical Leave Act' poster from the U.S. Department of Labor's (DOL) Wage and Hour Division website. This is the only official version. You can also request a printed copy by calling 1-866-4-US-WAGE. Do not use outdated posters from other sources, as the DOL updated the notice in 2026 to reflect current regulations.
Confirm you are a covered employer under FMLA. You must post this notice if you employ 50 or more employees within a 75-mile radius of the Detroit worksite. Have your employee count and payroll records ready for this review. Even if you're not covered, posting it is a recommended best practice to demonstrate compliance awareness.
Print the poster on legal-size (8.5” x 14”) paper or larger so it's easily readable. You must display it in a conspicuous place where employees and applicants can see it, such as a break room, near time clocks, or with other required labor law posters. For remote workers, you must also distribute the poster electronically (e.g., via email or company intranet). The #1 mistake is placing it in a manager's office or a low-traffic area.
This is one of 13 requirements for opening a restaurant in Michigan.
federal
local
state
federal
See all co-required forms and how they connect to your compliance dossier.
See All RequirementsThe FMLA poster is a federal compliance item, not a permit with an approval timeline. You can download and print the official poster from the U.S. Department of Labor website immediately at no cost. For other local permits that do have processing times, like the Business License (Restaurant), processing can take 2–8 weeks, per the Detroit Business License Center.
There are no government filing fees for obtaining the official FMLA poster. You can download it for free from the Wage and Hour Division website. This differs from many local requirements, such as the Alarm System Permit/Registration, which has a fee schedule posted by Detroit's Buildings, Safety Engineering, and Environmental Department.
No, the FMLA poster is not a transferable permit. It is a federal notice that must be displayed wherever you have employees. If you move your business, you simply need to display the poster at the new location. Moving a business within Detroit triggers other location-specific requirements, like a new Certificate of Occupancy, which requires a new application and fee.
You do not renew the FMLA poster itself. You are required to keep the most current version displayed. The U.S. Department of Labor updates the poster as laws change; you must replace your old poster when a new version is issued. In contrast, many local registrations, like your City Business License/Registration, require annual renewal with the City of Detroit.
There is no specific 'inspection' for the FMLA poster. A U.S. Department of Labor Wage and Hour investigator may check for its proper display during a broader compliance audit. They will verify the official poster is posted in a conspicuous place where employees can see it. Failure to display it can result in citations, similar to violations found during other compliance checks. Not legal advice — verify requirements with the U.S. Department of Labor.
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 Michigan specifically, we have analyzed compliance dossiers for 3 cities (Detroit, Grand Rapids, Warren), 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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