Employee Rights Under the National Labor Relations Act Poster (2026)
Failure to post the Employee Rights Under the National Labor Relations Act Poster exposes your restaurant to federal investigation, unfair labor practice complaints, and citations from the National Labor Relations Board (NLRB) — the federal agency that enforces labor rights in private-sector workplaces. This NLRB-mandated poster, also called the Employee Rights Notice or Section 7 Rights Poster, must be visibly displayed where all employees can read it. Key facts:
- No application or fields to complete — ApronPrep provides the official poster text and printing requirements
- $0 government filing fees — the poster is free from the NLRB
- Display deadline: Immediate upon hiring your first employee
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Why You Need a Employee Rights Under the National Labor Relations Act Poster
The Employee Rights Under the National Labor Relations Act Poster is a federally mandated workplace notice required under the National Labor Relations Act (NLRA), 29 U.S.C. § 151 et seq. The National Labor Relations Board (NLRB) enforces this posting requirement for most private-sector employers engaged in interstate commerce — which includes the vast majority of restaurant and food service operations. The poster must be displayed in a conspicuous place where employees can readily see it, such as a break room, time clock area, or employee entrance. Failure to post is treated as an unfair labor practice under NLRA § 8, giving the NLRB direct authority to investigate and act against your business.
Operating without the required poster exposes your restaurant to a range of enforcement consequences. The NLRB does not charge a government filing fee for the poster itself — it is available as a free download or print from the NLRB's official website — but non-compliance can trigger costly enforcement actions, including:
- Cease-and-desist orders requiring immediate corrective action and proof of compliance
- Reinstatement orders with back pay if the posting failure is linked to a broader unfair labor practice finding against an employee
- Mandatory notice posting requirements — additional remedial notices posted at your expense for a specified period, typically up to 60 days
- Extended statute of limitations — the NLRB may toll the 6-month filing window for employee unfair labor practice charges if the employer failed to post, meaning older complaints can be revived against you
- Insurance and lease complications — some commercial landlords and business insurers require documented regulatory compliance; an open NLRB enforcement action can trigger lease review clauses or affect coverage determinations
Legal code: National Labor Relations Act (NLRA)
Recent update: As of 2023, the NLRB reissued an updated version of the required poster reflecting expanded interpretations of protected concerted activity under the NLRA — employers must replace any older version of the poster with the current revision, available directly on the NLRB's official website at nlrb.gov.
Who Needs a Employee Rights Under the National Labor Relations Act Poster?
| Type | Required | Notes |
|---|---|---|
| Restaurant (Full-Service) | Required | Full-service restaurants are covered employers under the National Labor Relations Act (29 U.S.C. § 151 et seq.) if they meet the NLRB's commerce threshold (annual gross volume of $500,000 or more), and must post the NLRA Employee Rights notice in a conspicuous place accessible to all employees. |
| Bar / Nightclub | Required | Bars and nightclubs meeting the NLRB's $500,000 annual gross volume jurisdictional threshold are covered employers under the NLRA and must display the employee rights poster in a location visible to all staff. |
| Food Truck | Not Required | Most food trucks operate below the NLRB's $500,000 annual gross volume threshold and therefore fall outside the Board's jurisdiction, making the NLRA poster posting requirement inapplicable — however, trucks that do meet or exceed this threshold are covered and must post; contact the NLRB Regional Office to confirm your jurisdictional status. |
| Coffee Shop / Café | Required | Coffee shops and cafés that meet the NLRB's $500,000 annual gross revenue jurisdictional standard are covered employers under the NLRA and must post the employee rights notice where employees can readily see it. |
See which restaurant types need this requirement — and which don't.
See Full Requirements →Field-by-Field Guide (0 Fields)
Business Has Employees
booleanSelect 'Yes' if your restaurant currently has any W-2 employees on payroll — even part-time, seasonal, or tipped workers count toward NLRA posting obligations.
COMMON MISTAKE: Restaurant owners sometimes select 'No' because they misclassify tipped servers or part-time dishwashers as contractors — if you issue W-2s, you have employees and the posting requirement applies.
Type of Employer
selectSelect the category that best describes your restaurant's legal operating structure (e.g., private employer, LLC, corporation, sole proprietorship) — the NLRA covers most private-sector employers, so nearly all restaurant operators will select 'Private Employer.'
COMMON MISTAKE: Selecting 'Government' or 'Non-Profit Exempt' by mistake — restaurants operated as non-profits (e.g., some food co-ops) are still covered by the NLRA unless they meet narrow statutory exemptions; when in doubt, select 'Private Employer' and confirm with the NLRB.
Poster Downloaded
booleanConfirm 'Yes' only after you have successfully downloaded the official NLRA 'Employee Rights' poster (Form NLRB-0001) directly from the NLRB's website at nlrb.gov — third-party versions may be outdated or non-compliant.
COMMON MISTAKE: Marking 'Yes' based on a poster downloaded from a third-party compliance vendor without verifying it matches the current NLRB-issued version — the NLRB updated the poster design and content, and older versions do not satisfy the posting requirement.
Poster Format/Size
selectSelect the format you are using: the NLRB requires the poster to be printed at a minimum size of 11" x 17" — if you select a smaller print format, you must confirm the text remains clearly legible at that size.
COMMON MISTAKE: Selecting the standard 8.5" x 11" letter-size format and printing the poster at that size — text printed below the NLRB's recommended 11" x 17" dimensions may be considered non-compliant during an inspection.
Poster Language(s)
selectSelect all languages spoken by a significant portion of your workforce — the NLRB requires posting in English and in any other language spoken by a substantial number of employees who are not proficient in English, and the NLRB provides free translations for many languages on its website.
COMMON MISTAKE: Selecting only English when the kitchen staff primarily speaks Spanish — if a significant portion of your workforce is not English-proficient, posting only the English version does not satisfy the NLRA's effective-notice requirement.
Has Physical Workplace Location
booleanSelect 'Yes' if your restaurant has any brick-and-mortar location where employees report to work — this triggers the requirement to post the physical poster in a conspicuous place accessible to all employees.
COMMON MISTAKE: Selecting 'No' for ghost kitchen or delivery-only operations where staff still physically report to a prep kitchen — any location where employees perform work in person is a covered physical workplace.
Specific Posting Locations
textEnter the exact physical location(s) where the poster is displayed (e.g., 'employee break room bulletin board, rear kitchen entrance wall') — the NLRB requires placement in a conspicuous location where employees can readily observe it during the normal workday.
COMMON MISTAKE: Listing a manager's office or back-office storage area as the posting location — the poster must be in an area employees routinely access, such as a break room, time-clock area, or main entrance hallway, not a restricted management space.
Has Remote/Off-site Employees
booleanSelect 'Yes' if any of your employees work off-site or remotely (e.g., delivery drivers who never report to the restaurant, remote bookkeepers) — this triggers the additional obligation to provide electronic or mailed notice of the poster to those employees.
COMMON MISTAKE: Selecting 'No' because delivery drivers 'mostly' work from the restaurant — if any employee regularly works without physically visiting a posting location, they are considered off-site and must receive alternative electronic notification.
Electronic Distribution Method
textIf you have remote or off-site employees, describe how you will deliver the poster electronically (e.g., 'emailed PDF link to all remote staff on hire date,' 'posted on internal HR portal accessible via employee login') — the NLRB accepts email distribution or intranet posting as supplemental methods for employees who lack regular access to a physical posting.
COMMON MISTAKE: Leaving this field blank when 'Has Remote/Off-site Employees' is marked 'Yes' — failing to document an electronic distribution method for remote workers leaves a compliance gap that can result in an unfair labor practice finding during an NLRB investigation.
Poster Physically Posted
booleanMark 'Yes' only after the printed poster has been physically affixed in the required conspicuous location(s) at your restaurant — this field serves as your compliance confirmation and should not be checked until posting is complete.
COMMON MISTAKE: Marking 'Yes' because you downloaded and printed the poster but have not yet mounted it — downloading the file does not satisfy the NLRA posting requirement; the poster must be physically displayed where employees can read it.
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Top 5 Employee Rights Under the National Labor Relations Act Poster Mistakes
1. Posting in a Location Employees Don't Actually See
The most common violation is hanging the NLRA poster in a back office, manager's break room, or storage area rather than a conspicuous location accessible to all employees. The NLRB requires the poster to be placed where employees can readily observe it during the normal workday — a back-of-house hallway or time clock wall qualifies, but a locked manager's office does not. If your restaurant has multiple floors or separate prep kitchens, each distinct work area may require its own posted copy; posting once at the front host stand and assuming coverage for a downstairs prep crew is the exact scenario that generates NLRB complaints.
2. Using an Outdated Version of the Poster
The NLRB periodically updates the official poster text, and displaying a superseded version is treated the same as not posting at all. Restaurants that printed or laminated the poster years ago and never replaced it are frequently cited during compliance reviews — the current required version includes specific language about the right to strike and refrain from union activity that older versions omit or phrase differently. Always download the poster directly from the NLRB's official website (nlrb.gov) to confirm you have the current revision; do not rely on third-party labor law poster vendors without verifying the NLRB revision date on the document itself.
3. Posting Only an English-Language Version in a Non-English-Speaking Workforce
If a significant portion of your employees are not proficient in English, the NLRB requires you to post the notice in the language(s) spoken by those employees — posting English-only in a kitchen where the majority of staff speak Spanish is a recognized violation. The NLRB provides translated versions of the poster in over a dozen languages at no cost on its website, and failing to use them when applicable exposes the employer to unfair labor practice charges. Conduct a straightforward assessment of your team's primary languages and download the corresponding translated poster(s) to display alongside the English version.
Timeline: Varies
Understand Posting Requirements
Review the National Labor Relations Act (NLRA) Section 8(a)(1) and 29 CFR § 104.4 to confirm you are a covered employer. The NLRB requires employers with one or more employees to post the Employee Rights poster. Determine if your business is subject to NLRA jurisdiction — most private-sector employers are covered, but certain agricultural and domestic workers may be excluded.
Obtain the Official NLRB Poster
Download the free Employee Rights Under the National Labor Relations Act poster (Form WH-381) directly from the NLRB website at nlrb.gov or request a printed copy by mail from the NLRB regional office serving your location. The poster is available in English and 11 other languages. No filing fee or application is required — the poster is a mandatory notice, not a permit.
Post the Poster in a Visible Location
Display the poster in a prominent location where employees can easily read it — typically near time clocks, break rooms, or employee entrances. The poster must remain posted continuously and be maintained in legible condition. Use a poster frame or laminate to protect it from damage. Failure to post results in potential unfair labor practice charges and NLRB enforcement action.
Other Requirements You'll Need
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 NLRB poster itself is available immediately — you can download and print it from the National Labor Relations Board website at no cost. However, the requirement to display it takes effect as soon as you have employees, so there is no processing timeline; compliance begins immediately upon hiring. Contact the NLRB or your regional office to confirm current posting requirements for your specific business size.
There are no government filing fees to obtain or display the NLRB poster — it is a free requirement from the National Labor Relations Board. You may incur printing and framing costs at your own expense, but the federal requirement itself carries zero filing fees. Not legal advice — verify current fee status with the NLRB directly.
Yes — the poster itself is portable and can be displayed at multiple locations if you operate multiple restaurants or facilities. Each physical workplace where you have employees must display a current copy of the poster, per NLRB guidelines. If you also maintain an E-Verify Enrollment, verify that your new location is registered under the same federal account to maintain compliance across all sites.
The NLRB poster does not expire and does not require renewal — once you print and display a current version, it remains in effect as long as you have employees. However, the NLRB periodically updates the poster language to reflect legal changes; you should check the NLRB website annually to confirm you are displaying the most current version. Contact the National Labor Relations Board to confirm if any updates have been issued to the poster text.
Failure to display the required NLRB poster can result in unfair labor practice charges and potential penalties from the National Labor Relations Board, including fines and corrective action orders. The poster is a federally mandated disclosure that informs employees of their rights to organize and engage in protected concerted activity. If you operate a restaurant with contractors or temporary staff, ensure that EFTPS Enrollment (Electronic Federal Tax Payment System) and all other employment compliance requirements are also current to avoid compounding violations.
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.
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
- National Labor Relations Act (NLRA)
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