Your Henderson restaurant can be fined up to $198 per violation by the U.S. Department of Labor if it lacks the federally-mandated Family and Medical Leave Act (FMLA) Poster. This federal requirement, issued by the Wage and Hour Division (WHD) of the U.S. Department of Labor, must be displayed in a conspicuous workplace location; it's also known as the WHD 1420 notice. Key facts:
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The requirement to display the Family and Medical Leave Act (FMLA) Poster is mandated by federal law under the Family and Medical Leave Act (FMLA) of 1993. The specific regulation is enforced by the U.S. Department of Labor's Wage and Hour Division (WHD). All covered employers, which include private-sector employers with 50 or more employees, are required to post this notice “prominently” where employees and applicants can readily see it. It is one of the federal employment law posters every restaurant owner must have. This requirement works in conjunction with other mandatory postings, like those for the Fair Labor Standards Act (FLSA). Failing to display the FMLA poster is considered a direct violation of DOL regulations.
If your restaurant is inspected by the DOL's Wage and Hour Division or faces a complaint, not having this poster prominently displayed can lead to significant consequences.
Legal code: Fair Labor Standards Act (FLSA), Family and Medical Leave Act (FMLA), Davis-Bacon Act, Service Contract Act
Recent update: The DOL updated the official FMLA poster in 2026 to include new contact information and clarify certain employee rights, so restaurants must ensure they display the current version, not an outdated one from previous years.
| Type | Required | Notes |
|---|---|---|
| Restaurant (Full-Service) | Required | Required because the FMLA applies to all public agencies and private employers with 50 or more employees within 75 miles (29 CFR § 825.104(a)), which a typical full-service restaurant with a staff of this size must comply with. |
| Bar / Nightclub | Required | Required for bars and nightclubs with 50 or more employees, as they are private employers covered under the FMLA's employer thresholds (29 U.S.C. § 2611(4)(A)(i)). |
| Food Truck | Not Required | Exempt unless operating as part of a multi-unit enterprise with 50+ total employees, as individual food trucks are unlikely to meet the 50-employee threshold for a single worksite. |
| Coffee Shop / Café | Not Required | Likely exempt, as most independent coffee shops have fewer than 50 employees; the requirement applies only to employers meeting the 50-employee/75-mile threshold (29 CFR § 825.105(a)). |
See which restaurant types need this requirement — and which don't.
See Full Requirements →Enter the total number of employees across all your worksites within a 75-mile radius, which determines if your company is a 'covered employer' subject to the federal FMLA poster requirement.
COMMON MISTAKE: Using only the Henderson location's headcount instead of the total across all linked worksites, which can cause non-compliance if you mistakenly believe you are exempt.
Confirm you understand that, if you have 50+ employees, you are federally required to display the most recent FMLA poster in a conspicuous workplace location.
COMMON MISTAKE: Marking 'no' or leaving this unchecked, indicating a lack of awareness of the mandatory posting rule, which is a primary audit trigger.
Confirm you have obtained the official 2026 'Your Rights Under the Family and Medical Leave Act' poster from the U.S. Department of Labor's Wage and Hour Division website.
COMMON MISTAKE: Using an outdated poster (e.g., 2023 or earlier version) or one from a third-party vendor that is not the current official DOL version.
Select how you obtained the poster (e.g., 'Direct DOL Website Download', 'Print Supplier', 'HR Service Provider') to document your sourcing for compliance records.
COMMON MISTAKE: Selecting an unofficial source or failing to document the source, which complicates proving you have the legally mandated version during an inspection.
Describe the exact physical location where the poster is displayed (e.g., 'Employee break room bulletin board', 'Next to time clock in main kitchen'), which must be visible to all employees.
COMMON MISTAKE: Vague descriptions like 'in the office' or placing it in a manager-only area, which violates the 'conspicuous place' requirement and is a common DOL citation.
Indicate if your business operates more than one worksite, as this triggers the requirement to display the poster at each location where you have 50+ total employees within 75 miles.
COMMON MISTAKE: Incorrectly answering 'no' when you have satellite kitchens or catering facilities, leading to missing posters at required secondary sites.
If you have multiple locations, enter the total count to ensure you plan for and confirm poster display compliance at each required site.
COMMON MISTAKE: Under-counting locations like food trucks, separate storage facilities with staff, or administrative offices, creating gaps in your compliance coverage.
Affirm that you have physically verified the poster is currently posted at the required location(s) and is not obscured, damaged, or outdated.
COMMON MISTAKE: Marking this as 'yes' without a recent visual check; a DOL inspector can issue a fine even if the poster is in a drawer or filed away.
Confirm you have a process to check the poster quarterly for physical condition (e.g., not faded, torn, or covered by other notices) to maintain valid display.
COMMON MISTAKE: Assuming 'set it and forget it'; posters behind menus or stained by kitchen grease are not considered properly displayed and are a compliance failure.
Confirm you monitor for official updates from the DOL, as the poster is periodically revised, and you must replace it with the current version upon release.
COMMON MISTAKE: Relying on an old poster indefinitely; using a superseded version after a DOL update can result in penalties, as the 2026 version is current.
Displaying an old FMLA poster from the Department of Labor (DOL) that does not include the current contact information for the Wage and Hour Division or reflect any recent technical updates. The DOL updates the poster periodically, and using an outdated version is a direct violation. This mistake can lead to a compliance failure citation and fines during a DOL investigation. Always download the latest 'Employee Rights Under the Family and Medical Leave Act' poster directly from the DOL's official website before posting.
Placing the poster in a back office, break room cabinet, or an area not frequently visited by all employees. The law requires it to be posted where it can be readily seen by employees and applicants for employment, such as a common area like a break room bulletin board or near time clocks. An inconspicuous placement is treated as a failure to post, which negates your compliance defense and can result in penalties if an employee claims they were unaware of their rights.
Assuming the physical poster satisfies the requirement for employees who work entirely remotely. For remote or teleworking employees, employers must electronically post the notice on an internal or external website, or distribute it via email. Failing to provide the notice to remote workers is a common oversight that creates a compliance gap. To avoid this, integrate the electronic poster link into your employee onboarding portal and company handbook.
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| City | Fee Range | Timeline |
|---|---|---|
| Henderson | ||
| Las Vegas | ||
| Reno |
Navigate to the U.S. Department of Labor’s (DOL) Wage and Hour Division (WHD) website. Search for "FMLA poster" to locate the most current version of the 'Employee Rights under the Family and Medical Leave Act' poster (WH Publication 1420). Ensure you download the standard English version or the Spanish version if required for your workforce. Using outdated posters is the #1 compliance mistake.
Print the downloaded PDF poster on standard letter-size (8.5” x 11”) paper. Use a color printer if possible for better visibility, as the DOL design includes color elements, but black and white is acceptable. You must ensure the text is clear, legible, and the poster is not altered in any way. Have your mounting supplies (tape, push pins, poster frame) ready for the next step.
Physically post the FMLA notice in a location where it can be easily seen by employees and applicants, such as on a common area bulletin board, in a break room, or near time clocks. For establishments with remote employees, you must also distribute the poster electronically via email or post it on an internal company website. Federal regulations (29 CFR § 825.300(a)) require posting; failure can trigger DOL investigations.
This is one of 13 requirements for opening a restaurant in Nevada.
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local
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See all co-required forms and how they connect to your compliance dossier.
See All RequirementsThe process is immediate. Since the FMLA poster is a federal notice you must download and print, there is no government processing timeline—you can acquire and display it as soon as you obtain it. For other local permits with variable processing times, like your City Business License/Registration, you should plan for the stated review period.
There is no government filing fee for the FMLA poster itself; you can download it for free from the U.S. Department of Labor's website. Your only costs are for printing and materials. Not legal advice—verify poster requirements with the Wage and Hour Division.
No, you cannot 'transfer' this poster. The federal FMLA notice must be displayed at each of your business locations where you have eligible employees. If you open a new location, you must obtain and post a new copy there, similar to requirements for location-specific permits like an Alarm System Permit/Registration.
You do not renew the poster on a schedule. You must replace it only when the U.S. Department of Labor publishes an updated version, which happens irregularly based on regulatory changes. It is your responsibility to monitor for updates, unlike annual renewals such as your Annual Business License Renewal. Contact the DOL to confirm the current version is posted.
A federal or state labor investigator will check for the poster's presence and version during a routine compliance audit or investigation. They verify it is displayed in a conspicuous place where employees can see it, often alongside other required notices like your E-Verify Enrollment poster. Failure to display the current poster can result in citations and fines per the Fair Labor Standards Act.
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 Nevada specifically, we have analyzed compliance dossiers for 3 cities (Henderson, Las Vegas, Reno), 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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