Labor law inspectors can issue citations starting at $187 for each willful violation if they visit your Salem restaurant and do not see the federally required Family and Medical Leave Act (FMLA) Poster visibly displayed. You must post this notice, issued by the U.S. Department of Labor (DOL), to inform eligible employees of their rights to job-protected, unpaid leave. This is also known as the DOL Wage and Hour Division's "Employee Rights Under the Family and Medical Leave Act" poster. Key facts:
Analyzed from Family and Medical Leave Act (FMLA) Poster
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In Salem, your business is required to post the Family and Medical Leave Act (FMLA) Poster by federal law. This is mandated by the U.S. Department of Labor under the Fair Labor Standards Act (FLSA) and the Family and Medical Leave Act (FMLA). Specifically, the Davis-Bacon Act and Service Contract Act posting requirements also apply to many contractors, meaning most Salem businesses with employees must display this notice. It must be posted prominently where all employees can see it, such as a break room or common area, to inform them of their rights to job-protected leave for certain family and medical reasons.
Failure to post this required notice can trigger immediate enforcement actions from the Wage and Hour Division. The practical consequences are significant and costly:
Legal code: Fair Labor Standards Act (FLSA), Family and Medical Leave Act (FMLA), Davis-Bacon Act, Service Contract Act
Recent update: The DOL's FMLA poster was updated in 2024 to reflect new guidance on military family leave and qualifying exigencies; ensure you are displaying the current version.
| 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 (29 U.S.C. § 2611). |
| Bar / Nightclub | Not Required | Typically exempt unless the establishment is part of a chain or employs 50+ workers within a 75-mile radius, a rare threshold for a single location. |
| Food Truck | Not Required | Virtually always exempt; a single truck employs far fewer than the 50-worker threshold, and multi-unit operators rarely meet the 75-mile radius test. |
| Coffee Shop / Café | Not Required | Exempt unless part of a corporate chain with 50+ local employees; independent shops almost never reach the FMLA coverage threshold. |
See which restaurant types need this requirement — and which don't.
See Full Requirements →Enter the total number of employees at your Salem, Oregon business, which determines your coverage requirement; this includes all full-time and part-time workers on your payroll.
COMMON MISTAKE: Miscounting by excluding part-time, temporary, or seasonal staff, which can lead to a false determination of non-coverage and subsequent failure to post, a primary cause of citations.
Select 'Yes' to confirm you know that if you have 50 or more employees within 75 miles, you are federally mandated under 29 CFR § 825.300 to display the official FMLA poster.
COMMON MISTAKE: Selecting 'Yes' without first verifying your employee count against the 50-employee/75-mile threshold, leading to a false confirmation of compliance or unnecessary obligation.
Select 'Yes' only after you have successfully obtained the official "Employee Rights and Responsibilities Under the Family and Medical Leave Act" poster from the U.S. Department of Labor website.
COMMON MISTAKE: Downloading an outdated or unofficial poster from a third-party site, which does not fulfill the legal requirement and can result in a compliance violation during a DOL audit.
Select how you obtained the poster, typically 'DOL Website Download' to demonstrate you sourced the current, legally-required version from the authoritative government source.
COMMON MISTAKE: Selecting a method like 'Purchased' or 'Other' without verifying the poster is the exact, unaltered version published by the Wage and Hour Division, which is not compliant.
Describe the exact physical location where the poster is displayed, such as 'employee break room bulletin board' or 'next to the time clock,' ensuring it's a conspicuous place accessible to all employees.
COMMON MISTAKE: Vague descriptions like 'in the office' or placing it in a manager's office or low-traffic area, which fails the 'conspicuous' standard and is a common finding in DOL inspections.
Select 'Yes' if your business operates out of more than one physical workplace in Oregon, as this triggers a requirement to post at each location where you have covered employees.
COMMON MISTAKE: Incorrectly answering 'No' for businesses with a main office and a separate warehouse or satellite site, leading to missing posters at secondary locations and non-compliance.
If you have multiple locations, enter the total count of all workplaces to ensure you account for the correct number of required posters.
COMMON MISTAKE: Forgetting to include small satellite offices, remote worksites, or newly opened locations in the count, resulting in an undercount and insufficient posters displayed.
Select 'Yes' only after you have physically verified the poster is posted at the described location(s); this is your final attestation of compliance.
COMMON MISTAKE: Attesting 'Yes' prematurely before the poster is actually mounted or assuming someone else did it, which creates a false record and offers no defense in an audit.
Select 'Yes' to confirm you have a process (e.g., monthly checks) to ensure the poster remains legible, unobstructed, and in good condition at all times.
COMMON MISTAKE: Neglecting this, allowing the poster to become faded, torn, or covered by other notices, which renders it non-compliant and can lead to fines even if originally posted correctly.
Select 'Yes' to attest you will monitor for official updates from the DOL, as using an outdated poster after a regulatory change is a violation.
COMMON MISTAKE: Failing to monitor, then displaying a poster that is years out of date after FMLA regulations have been amended, which is a direct violation of 29 CFR § 825.300.
Displaying the federal FMLA poster or a generic version without Oregon's specific leave laws integrated. The Oregon Family Leave Act (OFLA) expands coverage beyond the federal FMLA, and posters must reflect state-specific provisions like reasons for leave, employee eligibility, and employer notice requirements. Using the wrong version is a common citation during Oregon Bureau of Labor and Industries (BOLI) audits. To avoid this, ensure you are displaying the official, joint "Oregon Family Leave Act / Federal Family and Medical Leave Act" poster available directly from Oregon BOLI's website.
Hanging the poster in a back office, break room, or other area not frequented by all employees. Federal and Oregon law require the poster to be displayed in a conspicuous place where employees and applicants can readily see it, such as where other employment notices are posted. Hiding it in a manager's office or a rarely-used hallway can lead to penalties, as it fails to provide the required notice. Place it in a common area like a time-clock station, kitchen, or main employee bulletin board. Based on ApronPrep's analysis of employer audits, improper placement is a frequent, avoidable violation.
Keeping the same poster up for years without checking for mandatory updates. Oregon BOLI periodically updates the required poster language to reflect changes in law, such as expansions to covered family members or adjustments to eligibility criteria. Using a poster with outdated information, even if it was once correct, does not satisfy the legal posting requirement and creates liability. Employers must verify they have the current version at least annually. A lapse here can invalidate your compliance during a dispute or investigation, adding significant time and cost to resolution.
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| City | Fee Range | Timeline |
|---|---|---|
| Eugene | ||
| Portland | ||
| Salem |
First, confirm your business is a 'covered employer' under the federal FMLA. If you have 50 or more employees within 75 miles of your Salem worksite, you are required to post the notice. Access the official 'FMLA: Your Rights and Responsibilities' poster (Form WH Publication 1420) for download directly from the U.S. Department of Labor's Wage and Hour Division website (www.dol.gov/whd). Many businesses incorrectly use outdated or state-specific posters, which do not satisfy the federal requirement.
Print the downloaded PDF on a durable material like cardstock or laminate it. The poster must be a minimum of 8.5 x 11 inches. Ensure the text is clearly legible. While there is no required 'application,' this step is critical for compliance. Failing to display a poster of sufficient size and legibility is a common basis for inspection citations.
Post the FMLA notice in a prominent place where all employees and applicants for employment can easily see it. In a restaurant, this is typically the break room, near time clocks, or next to other required labor law posters. If you have a significant number of employees who do not read English, you must also obtain and display the FMLA poster in their language. This must be completed before your first employee starts work.
This is one of 13 requirements for opening a restaurant in Oregon.
federal
local
federal
state
See all co-required forms and how they connect to your compliance dossier.
See All RequirementsThe process timeline varies for this federal requirement. Obtaining the official poster from the U.S. Department of Labor's Wage and Hour Division is immediate, but your overall compliance timeline depends on how you obtain it and where you post it. Most of your time will be spent preparing the physical display and coordinating with other startup tasks, such as applying for your federal Employer Identification Number (EIN). Contact the DOL for the most current processing information.
The government filing fee for the required federal FMLA poster is $0–$0. The U.S. Department of Labor provides the poster for free download and printing from their official website. You may incur minor costs for printing or laminating the physical poster to meet display durability standards. Not legal advice — verify with the U.S. Department of Labor.
No, you cannot 'transfer' a physical poster. The FMLA notice is a display requirement tied to your specific worksite. If you move your business to a new location within Salem, you must download a new, current version of the federal poster and display it conspicuously at the new address. This is separate from local permitting changes, which you can manage through processes like a Salem City Business License/Registration update.
There is no formal 'renewal.' You must always display the most current version of the federal FMLA poster. The U.S. Department of Labor updates the poster when laws change, so you are responsible for checking for updates and replacing outdated versions. The Oregon Bureau of Labor and Industries (BOLI) recommends checking for poster updates at least annually. Failure to display the current poster can result in penalties.
There is no scheduled 'inspection' for the FMLA poster alone. Compliance is typically verified during a broader investigation triggered by a complaint or during other regulatory visits, such as a wage-and-hour audit by the DOL. An investigator will check that the current poster is displayed in a conspicuous place where employees and applicants can see it. Your failure to display it can lead to citations and fines, independent of other permits like a Salem Certificate of Occupancy.
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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