Family and Medical Leave Act (FMLA) Poster in Jersey City, New Jersey (2026)
State and federal labor inspectors can issue fines and enforce corrective action against your restaurant for failing to display the federally-mandated Family and Medical Leave Act notice to employees. This federal poster, required by the U.S. Department of Labor's Wage and Hour Division (WHD), must be physically posted in a conspicuous location for all employees to see. This poster is also called the FMLA workplace notice or WHD Publication 1420. Key facts:
- 10 fields — ApronPrep auto-fills 8
- $0–$0 government filing fees — the poster itself is provided free by the Department of Labor
- Varies timeline — there is no application or processing time; the requirement is ongoing
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 must post a Family and Medical Leave Act (FMLA) poster because it's a federal requirement enforced by the U.S. Department of Labor. The primary statutes are the Family and Medical Leave Act of 1993 and the Fair Labor Standards Act (FLSA). The DOL's Wage and Hour Division, which enforces these laws, requires all covered employers (those with 50 or more employees within 75 miles) to prominently display this notice. This is not a local Jersey City ordinance but a federal mandate that applies to employers nationwide, including in New Jersey. Failure to display the official poster is considered a violation of the FMLA's notice requirements.
Not posting the required FMLA notice carries concrete financial and operational risks. The Department of Labor can assess penalties and back wages during an investigation, even if no employee has requested FMLA leave. Consequences include:
- Civil money penalties for willful violations of posting requirements under related laws like the FLSA.
- Liquidated damages equal to the amount of back wages owed if an employee's FMLA rights were violated and proper notice was not provided.
- Increased liability in employee disputes. Courts may view a missing poster as evidence you failed to inform employees of their rights, weakening your defense in FMLA interference or retaliation claims.
- Compliance audit trigger. A missing poster is a visible red flag that can prompt a broader DOL investigation into wage, hour, and leave practices.
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 'Employee Rights Under the FMLA' poster; employers should ensure they are displaying this current version.
Who Needs a Family and Medical Leave Act (FMLA) Poster?
| Type | Required | Notes |
|---|---|---|
| Restaurant (Full-Service) | Required | Required if the restaurant employs 50 or more people within a 75-mile radius, as mandated by the federal FMLA statute 29 U.S.C. § 2611(2)(B). |
| Bar / Nightclub | Required | Required for establishments with 50 or more employees, as FMLA posting requirements apply to all covered employers regardless of industry, per 29 C.F.R. § 825.300(a). |
| Food Truck | Not Required | Typically exempt unless part of a larger multi-unit operation with 50+ total employees, as individual mobile units rarely meet the employee-count threshold. |
| Coffee Shop / Café | Required | Required if the location or company meets the 50-employee threshold, as there is no industry exemption for food service in the FMLA regulations. |
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 your total headcount, including all full-time, part-time, temporary, and seasonal workers on your payroll; this single number determines if you are covered under the FMLA (generally 50+ employees within a 75-mile radius).
COMMON MISTAKE: Only counting full-time or W-2 employees, which leads to an undercount and a false sense of non-compliance; you must include all individuals on your payroll, regardless of hours worked.
Understanding of FMLA Poster Requirement
booleanSelect 'Yes' to confirm you understand that the FMLA poster is a mandatory workplace notice for covered employers, required by the U.S. Department of Labor regardless of local variations.
COMMON MISTAKE: Selecting 'No' or leaving this blank, which indicates to an auditor that compliance is not understood, raising immediate red flags for a potential violation.
FMLA Poster Downloaded
booleanSelect 'Yes' only after you have successfully acquired the official, current version of the 'Family and Medical Leave Act' poster (Publication 1420) from the DOL Wage and Hour Division website.
COMMON MISTAKE: Selecting 'Yes' after downloading an outdated or third-party poster, which does not satisfy the legal requirement for the current official notice.
Poster Acquisition Method
selectSelect how you obtained the poster, typically 'Downloaded from DOL.gov' for the free official PDF; using any other source risks having an incorrect or non-compliant version.
COMMON MISTAKE: Selecting 'Purchased from vendor' without verifying the poster is the exact, unaltered DOL version, which can be a violation if the vendor's version omits or modifies required text.
Poster Display Location
textDescribe the specific, conspicuous place where the poster is posted, such as 'Employee break room bulletin board' or 'Next to time clock'; vague answers like 'office' are insufficient.
COMMON MISTAKE: Providing a vague location (e.g., 'in back') or a location not frequented by all employees, which fails the DOL's 'conspicuous place' requirement and is a common citation.
Business Has Multiple Locations
booleanSelect 'Yes' if you operate more than one distinct worksite; this triggers the requirement to confirm posters are displayed at all covered locations.
COMMON MISTAKE: Incorrectly selecting 'No' when you have a separate warehouse or satellite office, leading to a compliance gap at the undisclosed location.
Number of Business Locations
numberEnter the total count of all your business premises, offices, or worksites where employees report; this ensures you account for poster needs at every site.
Poster Display Confirmed
booleanSelect 'Yes' only after you have physically verified the poster is posted correctly at the location entered above; this is your attestation of compliance.
COMMON MISTAKE: Selecting 'Yes' presumptively before actually posting the notice, which constitutes a false attestation and undermines your defense in an audit.
Poster Maintenance Plan
booleanSelect 'Yes' to confirm you have a process (e.g., quarterly checks) to ensure the poster remains posted, legible, and undefaced, as required by 29 CFR § 825.300.
Monitoring for Poster Updates
booleanSelect 'Yes' to attest you are aware the DOL can update the poster and you have a method to monitor for changes (e.g., DOL newsletter subscription); using an outdated poster is a violation.
Top 5 Family and Medical Leave Act (FMLA) Poster Mistakes
1. Posting an Outdated Version of the Poster
Posting the 2023 or earlier version of the WH-1422 poster, which does not reflect the 2026 updates, including the most current Wage and Hour Division contact information and regulatory references. Using an old poster is a common violation identified during DOL investigations because it provides employees with incorrect or incomplete information. To avoid this, download the official 2026 'Employee Rights under the Family and Medical Leave Act' poster (WH-1422) directly from the U.S. Department of Labor website and verify the publication date.
2. Displaying the Poster in an Inaccessible Location
Placing the poster in a back office, break room, or online-only portal, failing to meet the DOL's requirement for it to be 'conspicuously posted' where all employees and applicants can see it. In Jersey City, where inspections can be triggered by employee complaints, this mistake is a primary cause of citations. To comply, post the FMLA notice in a high-traffic common area like the main employee entrance, near time clocks, or alongside other legally-required postings like the OSHA and NJ Wage & Hour notices.
3. Failing to Provide the Notice to Remote or Hybrid Employees
Assuming physical posting is sufficient for all staff, which ignores the requirement to provide the notice to employees who work remotely or do not regularly visit the worksite. This can lead to a failure to inform eligible employees of their rights, a common oversight for Jersey City restaurants with delivery drivers or administrative staff working from home. To avoid this, distribute the poster electronically (e.g., via company email, intranet, or HR portal) and obtain acknowledgment of receipt from all remote workers.
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Family and Medical Leave Act (FMLA) Poster by City in New Jersey
| City | Fee Range | Timeline |
|---|---|---|
| Jersey City | ||
| Newark | ||
| Paterson |
Timeline: Obtaining the FMLA Poster (Varies)
Download the Federal Poster
Retrieve the official 'Family and Medical Leave Act (FMLA) - Employee Rights' poster from the U.S. Department of Labor's website (dol.gov/whd/fmla). This step requires no application and is instant. Ensure you are downloading the 2026 version, as the DOL periodically updates the poster with new contact information or guidance. You must have it displayed in your workplace before any covered employee needs to take FMLA leave.
Determine NJ State Poster Requirements
Verify if New Jersey's Family Leave Act (NJFLA) or Earned Sick Leave law requires an additional or separate state-specific poster. New Jersey often has more expansive leave rights than federal law, and employers may need to display multiple notices. Check the New Jersey Department of Labor and Workforce Development (NJDOL) website for the latest mandatory workplace posters. Failure to post state-required notices can result in separate penalties.
Acquire and Combine Required Posters
Download any required state posters from the NJDOL site. Prepare to display both the federal FMLA poster and any required New Jersey notices. The law requires them to be displayed in a conspicuous place where employees can easily read them, such as a break room or near time clocks. For businesses with remote workers, you must also distribute the posters electronically (e.g., via company email or intranet) or mail paper copies. Missing the electronic distribution is a common compliance oversight.
Other Requirements You'll Need
This is one of 13 requirements for opening a restaurant in New Jersey.
ADA Compliance Self-Certification
federal
Alarm System Permit/Registration
local
Annual Report Filing
state
Application for Employer Identification Number
federal
See all co-required forms and how they connect to your compliance dossier.
See All RequirementsThe timeline is immediate. The FMLA Poster is a federal form you download and print; no approval or processing time from Jersey City or New Jersey is required. Once you have the correct poster version, you can post it in your workplace right away.
There are $0 government filing fees for the FMLA Poster, per the U.S. Department of Labor's wage and hour division. You can download the official poster for free from their website. Not legal advice — verify that you are using the current version.
Yes, the poster itself is transferable as it is a federal notification. However, you must ensure it is posted conspicuously at all your worksites, including any new location. This requirement is separate from local business registrations like a City Business License/Registration, which is location-specific and non-transferable.
You do not renew a physical poster. You must repost it whenever the official notice is updated by the U.S. Department of Labor. Check their website annually for updates to ensure compliance, which is a similar maintenance step to filing an Annual Report Filing with the state.
There is no dedicated 'inspection' for the FMLA poster. A U.S. Department of Labor Wage and Hour Division investigator may check for its proper posting during a routine compliance audit or investigation of a complaint. They will verify the current version is displayed in a place where employees can easily see it, similar to how other required labor law notices are reviewed.
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 New Jersey specifically, we have analyzed compliance dossiers for 3 cities (Jersey City, Newark, Paterson), 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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