Your Portland restaurant risks U.S. Department of Labor (DOL) fines and employee lawsuits if you fail to post the federally-required Family and Medical Leave Act (FMLA) Poster. Also known as the "Your Rights Under FMLA" poster, this document is mandated by federal law for all covered employers, including those in Oregon. Key facts:
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Displaying the Family and Medical Leave Act (FMLA) poster is a federal requirement mandated by the U.S. Department of Labor’s Wage and Hour Division for all covered employers. While FMLA is federal law (29 U.S.C. § 2601 et seq.), Oregon employers must also comply with the Oregon Family Leave Act (OFLA), administered by the Oregon Bureau of Labor and Industries (BOLI). For Portland restaurants with 50 or more employees within a 75-mile radius, you are a covered employer under FMLA. In Portland, you are required to display both the federal FMLA poster and the Oregon-specific OFLA poster side-by-side in a conspicuous place where employees can see it. This dual-posting requirement stems from OFLA’s broader coverage (applying to employers with 25+ employees) and its unique provisions, meaning a federal-only poster is non-compliant for most Portland food service establishments.
Failing to display the correct, current posters exposes your business to direct penalties and operational risks. Violations are typically discovered during a Wage and Hour Division investigation, which can be triggered by a single employee complaint about unpaid wages or workplace rights. Common consequences include:
Legal code: Fair Labor Standards Act (FLSA), Family and Medical Leave Act (FMLA), Davis-Bacon Act, Service Contract Act
Recent update: The U.S. Department of Labor updated the official FMLA poster in 2023 to reflect regulatory changes; the Oregon BOLI updated its OFLA poster in 2025 to incorporate Paid Leave Oregon program references, requiring Portland employers to obtain and display the 2025 version.
| Type | Required | Notes |
|---|---|---|
| Restaurant (Full-Service) | Required | Required for employers with 50+ employees under the federal FMLA (29 U.S.C. § 2611). |
| Bar / Nightclub | Required | Required if the establishment meets the 50-employee threshold within a 75-mile radius (29 CFR § 825.111). |
| Food Truck | Not Required | Often exempt unless the food truck operation is part of a larger entity employing 50+ across multiple units or staff. |
| Coffee Shop / Café | Not Required | Typically exempt as most single-location coffee shops employ fewer than the 50-employee federal FMLA threshold. |
See which restaurant types need this requirement — and which don't.
See Full Requirements →Enter the total number of individuals on your payroll during 20 or more weeks in the current or preceding year, including all full-time, part-time, temporary, and seasonal workers, based on your records.
COMMON MISTAKE: Entering only current or full-time employees, which may lead to a false determination that you are not a covered employer; always count all employees on your payroll for the required weeks.
Confirm that you understand the federal FMLA poster is mandatory for employers with 50 or more employees, regardless of whether you have eligible employees, as it informs all workers of their potential rights.
COMMON MISTAKE: Selecting 'No' or leaving blank, which indicates a lack of compliance awareness; this is a foundational step and must be acknowledged.
Indicate whether you have obtained the official, current FMLA poster from the U.S. Department of Labor’s Wage and Hour Division website or another authorized source.
COMMON MISTAKE: Using an outdated poster (e.g., from before 2026) or a non-official version, which does not satisfy the legal requirement and can lead to fines.
Select how you obtained the poster (e.g., 'Downloaded from DOL.gov', 'Received from ApronPrep', 'Ordered from a poster service') to document your compliance sourcing.
COMMON MISTAKE: Selecting 'Other' without specifying a verifiable source, which makes it difficult to prove you have the correct, mandated version.
Provide the specific, conspicuous place where the poster is displayed, such as 'Employee break room bulletin board' or 'Next to the time clock', as required by 29 CFR § 825.300.
COMMON MISTAKE: Vague descriptions like 'in the office' or listing an area not frequented by all employees, which fails the 'conspicuous place' standard and is a common audit finding.
Answer 'Yes' if you operate more than one worksite where employees report, as this triggers the requirement to display the poster at each location.
COMMON MISTAKE: Answering 'No' when you have satellite offices or separate worksites within 75 miles, which is a frequent compliance oversight that can lead to penalties per location.
If you have multiple locations, enter the total count of distinct worksites where the FMLA poster must be displayed to ensure full coverage.
COMMON MISTAKE: Under-counting by omitting small satellite offices, remote worksites, or warehouses, which creates a compliance gap at those locations.
Confirm that the official FMLA poster is physically posted in the required conspicuous location(s) and is not obscured, damaged, or outdated.
COMMON MISTAKE: Selecting 'Yes' without a recent physical verification, which leaves you vulnerable if an inspection finds the poster missing or unreadable.
Indicate whether you have a process (e.g., monthly manager checks) to ensure the poster remains posted, legible, and in good condition, as required for ongoing compliance.
COMMON MISTAKE: Lacking a documented plan, which is a common weakness during DOL investigations; routine checks are a best practice to avoid 'failure to post' citations.
Confirm you are aware that the DOL can update the poster and that you have a method to monitor for changes (e.g., subscribing to DOL updates) to replace it promptly.
COMMON MISTAKE: Assuming the poster never changes; using an outdated poster after a regulatory update is a direct violation, even if it was once correct.
Using the federal DOL WH-1420 poster from a prior year, which lacks the current mandatory Oregon Family Leave Act (OFLA) addendum notice. Portland-area employees are entitled to protections under both federal and state law, and posting only the federal poster fails to provide legally required information on OFLA eligibility (e.g., leave for a domestic partner's serious health condition). This oversight can trigger a Wage and Hour Division investigation and fines of up to $204 per violation, adding significant regulatory risk and potential litigation.
Placing the poster in a back office, break room, or online-only portal where employees and applicants cannot readily see it. The law requires it to be displayed in a conspicuous place where it can be seen by employees and applicants for employment. Burying it in an employee handbook portal or a low-traffic area is a common citation. Correct placement is in a common area like next to time clocks, in the main kitchen (if a restaurant), or alongside other required labor law posters.
Posting a faded, small-font, or low-resolution print that makes the text and contact information unreadable. The poster must be large enough to be easily read and contain all information. A common mistake is shrinking the 11x17 inch federal poster to fit an 8.5x11 page, rendering phone numbers and web addresses for the DOL and Oregon Bureau of Labor and Industries (BOLI) illegible. This can be cited as a failure to properly notify employees of their rights.
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| City | Fee Range | Timeline |
|---|---|---|
| Eugene | ||
| Portland | ||
| Salem |
Go to the U.S. Department of Labor's (DOL) FMLA Poster webpage to download the official "Employee Rights Under the Family and Medical Leave Act" poster (WH Publication 1420). You must use the latest version issued by the DOL; using an outdated poster is a common compliance violation. Ensure you have access to a printer capable of producing a legible 11" x 17" color printout, as this is the required size.
Print the poster on 11" x 17" paper. Post it in a prominent place where all employees can easily see it, such as on a common-area bulletin board next to other required labor law posters (like Oregon's mandatory posters). Locations near time clocks, break rooms, or the HR office are typical. The most frequent mistake is posting in an area not frequented by all employees (e.g., a manager's office), which can lead to non-compliance penalties.
In Portland, Oregon, you are required to display several state-specific posters alongside the federal FMLA poster. These include Oregon's Minimum Wage, Paid Leave Oregon, Safety and Health on the Job, and Anti-Discrimination notices. Review the Oregon Bureau of Labor and Industries (BOLI) website for the current list and downloadable files. Missing a single required state poster can trigger penalties during a state audit.
This is one of 13 requirements for opening a restaurant in Oregon.
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local
federal
state
See all co-required forms and how they connect to your compliance dossier.
See All RequirementsThere is no official application or processing timeline for obtaining the federal FMLA poster, as it is not an application-based permit. You are required to display it immediately upon hiring your first employee. The poster is a downloadable document from the U.S. Department of Labor (DOL) website, and the requirement is part of your Application for Employer Identification Number setup. Contact the DOL Wage and Hour Division to confirm current requirements.
The official government filing fee for the FMLA poster is $0–$0, per the U.S. Department of Labor's requirements. The poster itself is a free download from the DOL website, and you are responsible for printing and posting it. Not legal advice — verify with the U.S. Department of Labor.
No, the FMLA poster is not a transferable permit tied to a location; it is a federal labor law notice required for any business with 50 or more employees. When you move or open a new location, you must display a current poster at each worksite. This requirement is separate from local permits like a Certificate of Occupancy, which is specific to the building itself.
There is no formal renewal process. You must ensure you are displaying the most current version of the poster, as the DOL updates it when laws change. It is your responsibility to check the DOL website periodically for updates. Typically, restaurants should verify their poster is current during annual compliance reviews.
There is no scheduled inspection for the FMLA poster. Compliance is typically checked during a broader federal wage and hour audit or investigation triggered by an employee complaint. An investigator will verify the poster is the official, current version from the DOL and is displayed prominently where employees can see it, such as with other required labor law notices.
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 Oregon specifically, we have analyzed compliance dossiers for 3 cities (Eugene, Portland, Salem), 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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