Family and Medical Leave Act (FMLA) Poster in Houston, Texas (2026)
Your restaurant opens to a Department of Labor (DOL) audit and faces fines for not displaying the mandatory FMLA notice. This poster, also called the 'Employee Rights Under the Family and Medical Leave Act' notice, is required by the U.S. Department of Labor for all covered employers in Houston. Key facts:
- 10 fields — ApronPrep auto-fills 8
- $0 government filing fee — the poster itself is free from the DOL
- Varies timeline — must be posted before you hire your first employee
Analyzed from Family and Medical Leave Act (FMLA) Poster
80% from one compliance interview
Manual entry or document upload required
Why You Need a Family and Medical Leave Act (FMLA) Poster
Your Texas restaurant is required by federal law to display the U.S. Department of Labor’s Family and Medical Leave Act (FMLA) poster. The requirement originates from the federal FMLA of 1993, which is enforced by the U.S. Department of Labor’s Wage and Hour Division. All employers with 50 or more employees within a 75-mile radius—which applies to most restaurants of scale in Houston—must comply. The poster must be displayed conspicuously where employees can see it, typically in a break room or near other legally required notices. This is not a city of Houston or Texas-specific poster, but a mandatory federal labor law notice.
Failing to post this notice can trigger a Wage and Hour Division investigation and lead to significant penalties, even if no employee has requested FMLA leave. Consequences for non-compliance include:
- Civil Money Penalties: While not a 'fine' for the poster alone, its absence is often cited as part of a broader investigation into wage and hour practices, which can lead to penalties.
- Increased Liability: In an employee lawsuit or DOL audit, the lack of a posted notice can be used as evidence of a willful violation of labor laws, potentially doubling the amount of back wages owed (liquidated damages).
- Operational Disruption and Reputational Damage: A DOL investigation can involve interviews, record reviews, and on-site visits that disrupt your daily operations and employee morale.
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 has not issued a new mandatory FMLA poster; the current version is the 'Employee Rights Under the Family and Medical Leave Act' poster, last revised in 2020.
Who Needs a Family and Medical Leave Act (FMLA) Poster?
| Type | Required | Notes |
|---|---|---|
| Restaurant (Full-Service) | Required | Required under federal law if the restaurant employs 50 or more employees within a 75-mile radius of the Houston worksite. |
| Bar / Nightclub | Required | Required under federal law if the establishment employs 50 or more employees within a 75-mile radius of the Houston worksite. |
| Food Truck | Not Required | Typically exempt as most food truck operations employ fewer than 50 total employees, failing the FMLA's 50-employee coverage threshold. |
| Coffee Shop / Café | Required | Required under federal law if the coffee shop employs 50 or more employees within a 75-mile radius of the Houston worksite. |
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 the total number of employees you have on payroll at all locations within 75 miles of your Houston worksite, including part-time and temporary staff, as this determines your federal FMLA coverage obligation under 29 U.S.C. § 2611(4)(A)(i).
COMMON MISTAKE: Counting only full-time employees or excluding locations beyond your immediate Houston address, which can incorrectly suggest you are not a covered employer.
Understanding of FMLA Poster Requirement
booleanConfirm that you understand the mandatory federal posting requirement for all covered employers, regardless of Texas or Houston-specific local laws.
COMMON MISTAKE: Assuming that because Texas has no state-mandated paid family leave, the federal FMLA poster is optional, which is a compliance violation.
FMLA Poster Downloaded
booleanConfirm you have obtained the official 'Employee Rights Under the Family and Medical Leave Act' poster (Form WHD 1420) from the U.S. Department of Labor's website or an authorized source.
COMMON MISTAKE: Downloading an outdated poster (pre-2024 revision) or a poster from a non-official third-party site that may lack current regulatory text.
Poster Acquisition Method
selectSelect how you obtained the poster (e.g., DOL website, ApronPrep library, printed service) to document your compliance sourcing.
COMMON MISTAKE: Leaving this blank or selecting 'Other' without specifying, which can complicate proof of using the legally required version during an audit.
Poster Display Location
textDescribe the specific, conspicuous place where the poster is displayed for all employees, such as 'break room bulletin board' or 'HR office entrance', per 29 CFR § 825.300(a).
COMMON MISTAKE: Vague entries like 'in the office' or placing it in a manager-only area, which fails the 'conspicuous' requirement and is a common DOL citation.
Business Has Multiple Locations
booleanIndicate if you operate more than one worksite in or around Houston, as this triggers the need for posters at each location where employees report.
COMMON MISTAKE: Answering 'No' when you have separate storage, administrative, or satellite sites within 75 miles, leading to incomplete posting coverage.
Number of Business Locations
numberIf you have multiple locations, enter the count of all distinct Houston-area worksites where employees physically work or report.
COMMON MISTAKE: Under-counting by excluding locations with few employees or remote reporting sites, creating a compliance gap.
Poster Display Confirmed
booleanAffirm that the official poster is currently posted and visible to employees, completing the initial compliance step.
COMMON MISTAKE: Confirming display before the poster is physically posted, leaving no audit trail for the actual compliance date.
Poster Maintenance Plan
booleanConfirm you have a process to ensure the poster remains unobstructed, undamaged, and legible, as required for ongoing compliance.
COMMON MISTAKE: Assuming a one-time posting is sufficient, leading to faded, torn, or covered posters that fail a DOL inspection.
Monitoring for Poster Updates
booleanConfirm you monitor for mandatory updates from the DOL, as the poster content is revised periodically (last major update was 2024).
COMMON MISTAKE: Using a poster from when you opened, unaware that 2024 updates changed critical notice information, resulting in an outdated posting.
Top 5 Family and Medical Leave Act (FMLA) Poster Mistakes
1. Posting an Outdated Version
Displaying a poster from before 2023, which lacks the current Department of Labor (DOL) poster number (WH Publication 1420) and updated contact information. The U.S. Department of Labor Wage and Hour Division can cite you for non-compliance during an audit. Always download the poster directly from the DOL website, as the mandatory language changes periodically.
2. Incorrect Placement
Tucking the poster in a back office or break room where employees don't regularly see it. The FMLA requires the notice to be posted in a conspicuous place where applicants and employees can see it, like alongside other mandatory labor law posters. This mistake is the most common cause of compliance failures identified in audits. Post it in a high-traffic area like the time clock, kitchen, or main employee bulletin board.
3. Using a Non-Compliant, Modified Poster
Printing a condensed version or one with altered text to save space. The DOL mandates the poster contain the exact text and format specified in their official file. Modifications can invalidate the posting. Use the official PDF without edits; the poster must be legible and at least 8.5 x 11 inches in size.
Skip the Paperwork on Your Family and Medical Leave Act (FMLA) Poster
ApronPrep auto-fills 8 of 10 fields from one compliance interview.
No credit card required
Family and Medical Leave Act (FMLA) Poster by City in Texas
| City | Fee Range | Timeline |
|---|---|---|
| Dallas | ||
| Houston | ||
| San Antonio |
Timeline: Obtain and Post the FMLA Poster
Locate the Official DOL Poster
Download the current 'Employee Rights Under the Family and Medical Leave Act' poster (WH Publication 1420) from the U.S. Department of Labor (DOL) Wage and Hour Division website. Ensure you have the 2026 version, as the content is updated periodically. Using an outdated poster is a common compliance violation.
Prepare for Posting
Print the poster on an 11x17 inch sheet of paper, as per DOL specifications, to ensure all text is legible. Identify a conspicuous location in your workplace where all employees and applicants can see it, such as a break room, near time clocks, or an employee bulletin board. You need a printer capable of handling the size and your business address for verification if inspected.
Post the Notice
Physically post the printed poster in the designated prominent location. If you have a remote workforce, you must also electronically post the notice on an internal company website or portal, or distribute it via email. Failing to provide electronic notice to remote workers is a frequent oversight for restaurants with off-site managers or corporate staff.
Other Requirements You'll Need
This is one of 13 requirements for opening a restaurant in Texas.
ADA Compliance Self-Certification
federal
Alarm System Permit/Registration
local
Application for Employer Identification Number
federal
Articles of Organization (LLC) or Articles of Incorporation (Corporation)
state
See all co-required forms and how they connect to your compliance dossier.
See All RequirementsThe process does not have a formal issuance timeline, as the FMLA poster is a free, downloadable document. You can obtain and print it immediately from the U.S. Department of Labor's website. There is no government processing period—the 'timeline' refers to the posting requirement taking effect as soon as you hire your first employee, making it a prerequisite for opening similar to a City Business License/Registration.
There are no government filing fees for the FMLA poster itself. The official cost is $0, as the poster is provided at no charge by the U.S. Department of Labor, per their Wage and Hour Division website. However, you must incur the cost of printing it and ensuring it is posted in a conspicuous place, which is a compliance cost, not a fee paid to any agency.
No, the poster itself is not a transferable permit; it is a federal notice. If you relocate your restaurant, you must simply download and post a new copy of the current FMLA notice at the new location. This requirement is distinct from local permits like a Alarm System Permit/Registration, which often require formal amendments. Ensure the poster is displayed at every worksite where you have 50 or more employees within a 75-mile radius.
You do not 'renew' the poster, but you must ensure you are displaying the most current version. The U.S. Department of Labor updates the poster when laws change; the last significant update was in 2020. You should check the DOL website annually for any revisions, as posting an outdated notice can be a violation. This is a maintenance task similar to ensuring other federal notices, like those for E-Verify, are current.
There is no scheduled inspection, but a U.S. Department of Labor Wage and Hour Division investigator can check for the poster during a compliance audit or in response to a complaint. They will verify the current poster is displayed in a conspicuous place where employees can see it, such as a break room or near time clocks. Failure to post can result in civil monetary penalties, currently up to $204 per violation, as stated in DOL regulations. Not legal advice — verify with the 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 Texas specifically, we have analyzed compliance dossiers for 3 cities (Dallas, Houston, San Antonio), 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
This Form Is One of 60+ Requirements.
ApronPrep discovers every permit your city requires — including the ones generic checklists miss. Pick your city for the complete package.