Your restaurant risks federal penalties of up to $226 per violation if you fail to display the federal Family and Medical Leave Act (FMLA) workplace poster, also known as the Notice of Employee Rights. This is a mandatory Department of Labor (DOL) requirement for all covered employers in Tacoma, Washington. Key facts:
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The federal Family and Medical Leave Act (FMLA) requires covered employers to provide a specific, mandatory notice to employees explaining their rights. As a Tacoma restaurant owner, you are subject to enforcement by the U.S. Department of Labor’s Wage and Hour Division (WHD). The primary legal basis for this poster is the FMLA itself (29 U.S.C. §§ 2601-2654), and failure to display it violates WHD regulations (29 C.F.R. § 825.300). While Tacoma and Washington State have their own paid family and medical leave laws, the federal FMLA poster is a separate, non-negotiable requirement for any employer with 50 or more employees within a 75-mile radius.
Not having the current, officially mandated poster visibly displayed in your workplace carries concrete penalties. The Department of Labor treats this as a violation of the FMLA's posting requirements, which can trigger investigations and lead to broader audits of your wage and hour practices. 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 Department of Labor released a revised FMLA poster in February 2024; while no further federal changes are mandated for 2026, Washington State's Paid Family and Medical Leave program updates its materials annually, and employers must ensure both federal and state notices are correctly posted.
| Type | Required | Notes |
|---|---|---|
| Restaurant (Full-Service) | Required | Required if you employ 50 or more people within a 75-mile radius, as per the federal FMLA (29 U.S.C. § 2611(2)(B)). |
| Bar / Nightclub | Required | Required if you employ 50 or more people within a 75-mile radius, as per the federal FMLA (29 U.S.C. § 2611(2)(B)). |
| Food Truck | Not Required | Likely exempt; a single truck rarely employs the 50+ people required by the federal FMLA coverage threshold. |
| Coffee Shop / Café | Required | Required if you employ 50 or more people within a 75-mile radius, as per the federal FMLA (29 U.S.C. § 2611(2)(B)). |
See which restaurant types need this requirement — and which don't.
See Full Requirements →Enter the total number of employees on your payroll at all worksites within a 75-mile radius, including part-time, full-time, and temporary workers, which determines your business's coverage under the FMLA.
COMMON MISTAKE: Entering the number of employees at a single location only, which can incorrectly lead an employer to believe they are not covered by the FMLA's 50-employee threshold, triggering non-compliance and potential penalties.
Confirm your understanding that the FMLA's Employee Rights poster must be physically displayed if your business employs 50 or more workers.
COMMON MISTAKE: Selecting 'false' or not understanding that the requirement is based on total employee count across a 75-mile radius, not just a single Tacoma location, leading to a failure to post.
Confirm you have downloaded or otherwise obtained the official 'Your Rights Under the FMLA' poster from the U.S. Department of Labor (WHD publication 1420).
COMMON MISTAKE: Downloading an outdated or unofficial version of the poster, which does not satisfy the legal posting requirement and can result in a citation.
Select the method used to obtain the official FMLA poster (e.g., download from DOL website, order from DOL, receive from a compliance service).
COMMON MISTAKE: Selecting an unverifiable source, as employers must be able to prove they obtained the poster from an official DOL source in the event of a Wage and Hour Division audit.
Describe the specific, conspicuous place where the FMLA poster is displayed, such as 'Employee break room bulletin board' or 'Next to time clock in main hallway'.
COMMON MISTAKE: Vaguely stating 'in the office' or choosing a location not frequented by all employees, which violates the DOL's requirement for a conspicuous place.
Indicate whether your business operates more than one worksite within a 75-mile radius.
COMMON MISTAKE: Incorrectly answering 'false' if you have satellite locations or worksites, which triggers the requirement to post at each location where you have 50+ total employees.
If you have multiple locations, enter the total number of distinct worksites or places of employment your business operates.
COMMON MISTAKE: Under-counting locations like remote warehouses, small sales offices, or separate storefronts, which can lead to incomplete posting and DOL penalties for each missing poster.
Affirm that the official FMLA poster is currently posted in the required conspicuous location(s) and has been for the duration of your coverage.
COMMON MISTAKE: Confirming display without a recent physical verification, as a DOL inspector may find the poster missing, damaged, or outdated, resulting in immediate fines.
Confirm you have a process to ensure the posted notice remains unobstructed, legible, and in good physical condition.
COMMON MISTAKE: Failing to maintain the poster, allowing it to be covered by other notices or damaged, which is a common violation found during DOL audits.
Confirm you have a system to monitor for official updates or revisions to the FMLA poster issued by the U.S. Department of Labor.
COMMON MISTAKE: Assuming the poster never changes; the DOL can revise the notice, and failure to post the current version is a violation.
Posting the 2020 or earlier version of the WH-1423 poster, which does not reflect 2024 updates from the U.S. Department of Labor (DOL) regarding military family leave. Using an outdated version fails to meet the federal 'conspicuous posting' requirement. Always download the current 'Employee Rights under the Family and Medical Leave Act' poster directly from the DOL Wage and Hour Division website to avoid this violation.
Placing the poster in a break room, manager's office, or other area not frequented by all employees and applicants. The law requires it be posted where it can be readily seen by employees and applicants for employment (e.g., next to state labor law posters in a common area). This mistake is a common citation during DOL investigations. Ensure the poster is in a central, well-lit location like a main hallway or near time clocks.
Only displaying the English version when a significant portion of your workforce is not proficient in English. If 10% or more of your workforce at a location speaks a language other than English, the DOL requires you to provide the poster in that language. For example, in a Tacoma restaurant with a significant Spanish-speaking staff, you must also display the Spanish 'Derechos de los empleados según la Ley de Licencia Familiar y Médica' poster. Check DOL resources for translated versions.
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| City | Fee Range | Timeline |
|---|---|---|
| Seattle | ||
| Spokane | ||
| Tacoma |
Visit the DOL's Wage and Hour Division website to download the current 'Your Rights Under the Family and Medical Leave Act' poster. You need the version updated for 2026, not older versions, as the content must reflect the latest regulations. Save the PDF file to a known location on your computer or network for easy future access and reprinting. Using a third-party site risks downloading outdated or incorrect versions, which could fail a compliance check.
Print the downloaded PDF on a color or black-and-white printer. The DOL requires the poster to be large enough to be easily read and displayed in a conspicuous place. The typical standard is printing on 11" x 17" paper (or larger), or on two standard 8.5" x 11" sheets taped together. Ensure the print quality is clear and all text is legible. Have your printer ink/toner and appropriate paper stocked before starting this step.
Display the printed poster where employees and applicants can readily see it. The required locations are all places where official employment notices are customarily posted, such as a break room, kitchen, near time clocks, or on a central employee bulletin board. For businesses with remote workers, the DOL requires electronic posting on an internal website or intranet. A common mistake is posting it in a back office or low-traffic area, which does not satisfy the 'conspicuous' requirement and could lead to penalties.
This is one of 13 requirements for opening a restaurant in Washington.
federal
local
state
federal
See all co-required forms and how they connect to your compliance dossier.
See All RequirementsThere is no application or wait time to obtain a Family and Medical Leave Act (FMLA) poster, as this is a required federal notice you must post. You can download the official 2026 poster from the U.S. Department of Labor's Wage and Hour Division website immediately. Posting this notice is an ongoing legal obligation that begins from the first day you have an employee, not from a specific approval date.
The official 2026 FMLA poster has a government filing fee of $0. The U.S. Department of Labor provides the downloadable PDF at no cost. However, penalties for not posting it can include significant fines, so while the poster itself is free, non-compliance is costly. Not legal advice — verify with the U.S. Department of Labor.
No. The FMLA poster is not a transferable permit or license; it is a federal notice you must display wherever you have covered employees. If you move your business to a new physical location, you must download and post a current poster at the new site as a routine business setup task, similar to obtaining a new City Business License/Registration for that address.
You do not renew the FMLA poster. You must display the most current version as issued by the federal government. The DOL updates the poster when regulations change; you must replace outdated posters. It’s a best practice to check the DOL website annually, just as you would check deadlines for your Annual Report Filing, to ensure your posted notices are current.
There is no formal inspection for the FMLA poster. However, a U.S. Department of Labor Wage and Hour Division investigator will check for its conspicuous posting during any routine workplace investigation or complaint audit. Failure to display it is a direct violation of 29 CFR § 825.300 and can trigger further scrutiny of your payroll and leave records, leading to fines. Contact the DOL to confirm current enforcement practices.
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 Washington specifically, we have analyzed compliance dossiers for 3 cities (Seattle, Spokane, Tacoma), 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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