Family and Medical Leave Act (FMLA) Poster in Memphis, Tennessee (2026)
You risk civil penalties, lawsuits, and employee confusion if you don’t display the federally mandated Family and Medical Leave Act (FMLA) Poster (also called a 'DOL poster'). This is a U.S. Department of Labor requirement for all covered employers, including those in Memphis, Tennessee. There is no government filing fee for the poster itself, and processing time varies as it's a display requirement, not an application. Most applicants complete this in under 15 minutes with ApronPrep, which auto-fills 8 of 10 fields.
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Why You Need a Family and Medical Leave Act (FMLA) Poster
As a restaurant employer in Memphis, your primary legal basis for displaying the Family and Medical Leave Act (FMLA) poster is the federal FMLA statute, enforced by the U.S. Department of Labor (DOL), Wage and Hour Division. This requirement is a condition of engaging in interstate commerce, which virtually all businesses do. The DOL’s “All-In-One” Poster is the most common compliant version, as it includes the mandated FMLA notice alongside other required federal labor law postings, including the Fair Labor Standards Act (FLSA), Davis-Bacon Act, and Service Contract Act. While Tennessee or Memphis may not have a specific local ordinance mandating this poster, federal law preempts, and compliance is non-negotiable for covered employers—typically those with 50 or more employees within a 75-mile radius.
Failure to post the required FMLA notice in a conspicuous place for all employees can trigger significant consequences. Based on DOL enforcement data, the practical penalties include:
- Civil money penalties: The DOL can assess fines for willful violations of posting requirements. While the FMLA itself does not specify a fine amount for a missing poster, related willful violations of the FLSA can result in penalties of $1,000 or more per violation, and the DOL uses its discretion to penalize non-compliance across all mandated notices.
- Back wage and damage risks: An employee denied FMLA leave because they were unaware of their rights (due to a missing poster) could file a claim. If successful, you could be liable for lost wages, benefits, and potentially liquidated damages equal to the amount of owed wages, effectively doubling the cost.
- Operational and legal vulnerability The absence of required posters is a red flag during a DOL audit, increasing the likelihood of a full, time-consuming investigation into payroll, overtime, and child labor practices. It can also weaken your defense in employment lawsuits and may be cited in disputes with commercial landlords or insurers who expect basic regulatory compliance.
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 DOL’s primary poster update was in 2024; ensure your displayed poster is the current version, as using an outdated one carries the same compliance risk as having no poster at all.
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 Fair Labor Standards Act (FLSA) enforced by the U.S. Department of Labor. |
| Bar / Nightclub | Required | Required if the establishment employs 50 or more people within a 75-mile radius, as the FMLA applies to all private-sector employers meeting the employee count threshold, per 29 U.S.C. § 2611(4)(A)(i). |
| Food Truck | Not Required | Rarely required, as a single food truck or small fleet is unlikely to meet the FMLA's 50-employee threshold; however, if part of a larger corporate entity with 50+ total employees, the poster is required at the primary business address. |
| Coffee Shop / Café | Required | Required if the café employs 50 or more people within a 75-mile radius; smaller, independently-owned shops with fewer than 50 employees are exempt from the FMLA posting requirement. |
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 workforce count, including all part-time, full-time, and temporary employees on your payroll across all your company's worksites in a 75-mile radius, as you must post the FMLA notice if you have 50 or more employees for at least 20 workweeks in the current or preceding year.
COMMON MISTAKE: Counting only full-time employees or employees at a single location, which can lead to incorrectly believing you are exempt from the posting requirement.
Understanding of FMLA Poster Requirement
booleanConfirm you understand that the U.S. Department of Labor requires all covered employers to prominently display the 'Employee Rights Under the Family and Medical Leave Act' poster (WH Publication 1420).
COMMON MISTAKE: Confusing state-specific family leave laws with the federal FMLA, leading to non-compliance with the federal poster mandate.
FMLA Poster Downloaded
booleanConfirm you have obtained the official, current-year poster from the U.S. Department of Labor's Wage and Hour Division website or an authorized distributor.
COMMON MISTAKE: Downloading an outdated poster or one from a non-official source, which may contain incorrect information and fail compliance checks.
Poster Acquisition Method
selectSelect how you obtained the poster (e.g., directly from DOL.gov, from a commercial poster service, or via your HR/payroll provider).
COMMON MISTAKE: Selecting an incorrect source, which can indicate you lack a verifiable method for obtaining mandatory government updates.
Poster Display Location
textSpecify the exact physical location where the poster is displayed (e.g., 'Break room bulletin board next to time clock' or 'HR office entrance'), as it must be in a conspicuous place where employees and applicants can readily see it.
COMMON MISTAKE: Vague descriptions like 'in the office' or placing it in a low-traffic area like a locked manager's office, which does not meet the 'conspicuous' requirement.
Business Has Multiple Locations
booleanIndicate whether your business operates from more than one worksite, as separate postings are generally required at each location if they house 50 or more employees within a 75-mile radius.
COMMON MISTAKE: Incorrectly answering 'No' for businesses with several small sites that collectively employ 50+ people, leading to missing required postings.
Number of Business Locations
numberIf you have multiple locations, enter the total count of distinct worksites where employees report, to ensure a poster is deployed at each covered location.
COMMON MISTAKE: Only counting locations with large staff, omitting smaller sites that are part of the same covered employer entity.
Poster Display Confirmed
booleanAttest that the official FMLA poster is currently displayed in the stated location(s) and is unobstructed, legible, and in good condition.
COMMON MISTAKE: Confirming display without a recent physical verification, which can lead to false attestation if the poster has been removed or damaged.
Poster Maintenance Plan
booleanConfirm you have a process (e.g., quarterly checks) to ensure the poster remains posted, intact, and visible, as faded, torn, or covered posters are non-compliant.
COMMON MISTAKE: Lacking a formal plan, leading to deteriorated or missing posters that can trigger DOL penalties during an audit.
Monitoring for Poster Updates
booleanConfirm you monitor for updates from the DOL, as you are required to display the most current version of the poster; the 2026 version is current as of this writing.
COMMON MISTAKE: Assuming the poster never changes, which can result in displaying outdated information if the DOL revises the notice.
Top 5 Family and Medical Leave Act (FMLA) Poster Mistakes
1. Displaying an Outdated or Incorrect Federal Poster Version
Using the 2020 or earlier version of the FMLA poster instead of the updated '2026 Edition' released by the U.S. Department of Labor. An outdated poster fails to reflect current law and is a direct violation of the posting requirement. This can result in a compliance citation and fine during a U.S. Department of Labor Wage and Hour Division inspection. Always download the latest version directly from the DOL's website to avoid this mistake.
2. Failing to Post in a Conspicuous Place Where Employees Can See It
Placing the poster in a back office, break room, or other low-traffic area where employees are unlikely to see it regularly. The law requires it to be posted in a conspicuous place where applicants and employees can readily observe it. This mistake negates the purpose of the notice and can lead to employee claims of being unaware of their rights, complicating leave requests and potential disputes. Post it next to other mandatory federal and state workplace posters, like the Tennessee Unemployment and Workers' Compensation notices, in a common area.
3. Not Providing the Poster in Accessible Formats Upon Request
Assuming that simply posting the English-language version is sufficient for all employees. Federal regulations require employers to provide the FMLA notice in a format accessible to employees with disabilities and, in certain cases, in other languages if a significant portion of the workforce is not literate in English. Failing to provide accommodations upon request can be a violation of the law and lead to discrimination complaints. Have a process to provide large print, braille, or translated versions when needed.
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Family and Medical Leave Act (FMLA) Poster by City in Tennessee
| City | Fee Range | Timeline |
|---|---|---|
| Knoxville | ||
| Memphis | ||
| Nashville |
Timeline: Varies (Poster Acquisition Steps)
Download the Official FMLA Poster
Visit the U.S. Department of Labor's (DOL) Wage and Hour Division website (dol.gov/whd) and download the official 2026 version of the "Employee Rights Under the Family and Medical Leave Act" poster (Form WH-1420). You do not apply for this poster—it is a free, mandatory notice you must display. The only thing you need ready is an internet connection and a printer. The most common mistake is downloading an outdated version, which violates the requirement to display the most current notice.
Print the Poster to Specific Size Requirements
Print the downloaded PDF file. While the DOL does not mandate an exact paper size, the poster must be large enough to be easily readable and displayed in a conspicuous place. Most businesses print it on 11"x17" or larger paper. You must use a color printer or ensure text is legible in black and white. Have the correct paper size ready for your printer. Trips people up by printing it too small or with low ink quality, making it non-compliant.
Display the Poster in a Conspicuous Location
Post the printed notice in a prominent place where employees and applicants can readily see it, such as a break room, near time clocks, or on a company bulletin board. If you have a significant portion of your workforce that does not read English, you may need to provide the notice in other languages. You need tape or pins to secure the poster. A common cause of non-compliance is placing the poster in a manager's office or a low-traffic area where employees do not regularly see it.
Other Requirements You'll Need
This is one of 13 requirements for opening a restaurant in Tennessee.
ADA Compliance Self-Certification
federal
Alarm System Permit/Registration
local
Alcohol Server Training Certification
state
Annual Report Filing
state
See all co-required forms and how they connect to your compliance dossier.
See All RequirementsThere is no formal application or approval timeline, as the FMLA poster is not obtained or issued by a government agency in Memphis. The process involves downloading the official U.S. Department of Labor poster and posting it, which can be completed immediately. The variable timeline typically refers to the time you must allow for understanding the law's posting requirements and potential employer obligations, which are part of broader labor compliance like filing your Application for Employer Identification Number.
The required federal FMLA poster itself carries a $0 government filing fee, as confirmed by the U.S. Department of Labor's Wage and Hour Division. You can download and print it at no cost from the agency's official website. This differs from local permits that do have fees, such as the City Business License/Registration in Memphis.
No, the FMLA poster itself is not transferable because the legal requirement is to post it at each worksite where employees report. If you relocate your restaurant within Memphis, you must display a new poster at the new physical location. You should also update your address with other local authorities, a process required for permits like a Certificate of Occupancy.
You do not renew the FMLA poster on a scheduled basis. You are required to replace your posted notice only when the U.S. Department of Labor updates the official poster text, which is infrequent. It is your responsibility to monitor for such updates, unlike annual renewal requirements for local registrations such as your Annual Report Filing with the state.
There is no scheduled, formal inspection solely for the FMLA poster. A U.S. Department of Labor Wage and Hour investigator may check for its proper posting during a broader investigation of wage, hour, or leave practices, typically triggered by a complaint. The poster must be displayed in a conspicuous place where employees can see it, similar to other mandated postings. Not legal advice — verify posting requirements with the U.S. DOL.
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 Tennessee specifically, we have analyzed compliance dossiers for 3 cities (Knoxville, Memphis, Nashville), 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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