An unposted or outdated minimum wage poster is one of the most common triggers for a New York Department of Labor inspection, risking daily fines for every day the correct notice isn't displayed. You must post the New York Minimum Wage Poster (also called the Labor Law notice) for Rochester, as required by the state's Department of Labor. Key facts:
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In Rochester, your restaurant is legally required to post official New York state labor law notices where all employees can see them. This requirement comes from the New York Labor Law § 195 (posting requirements) and is enforced by the New York State Department of Labor. The mandatory posters include the Minimum Wage poster, the Paid Sick Leave poster (Article 196-B), and, if applicable, notices related to Tips and Gratuities (Article 196-D) and Prevailing Wage rates for public works contracts. These statutes are binding statewide, meaning Monroe County and the City of Rochester enforce the same state-mandated poster requirements as every other municipality in New York.
Failure to conspicuously post these state-mandated notices can trigger significant penalties and operational headaches. Consequences include:
Legal code: State minimum wage law, earned sick time law, tip law, workplace poster statutes, prevailing wage law
Recent update: In January 2026, the minimum wage for Upstate New York, which includes Rochester, increased to $15.00 per hour, and the Paid Sick Leave poster was updated to reflect new accrual and use provisions; posters must be updated to the current versions.
| Type | Required | Notes |
|---|---|---|
| Restaurant (Full-Service) | Required | Required for all employees, as it is a workplace under New York State Labor Law § 195. |
| Bar / Nightclub | Required | Required as an employer under NYS Labor Law, regardless of tip credit provisions, which are detailed on the poster. |
| Food Truck | Required | Required because it is a mobile place of employment with paid employees, covered under state wage law. |
| Coffee Shop / Café | Required | Required as a business with hourly or salaried employees, mandated by New York Labor Law Article 19. |
See which restaurant types need this requirement — and which don't.
See Full Requirements →Enter the exact legal name of your restaurant business as it is registered with the New York State Department of State, which is typically found on your Articles of Incorporation, Organization, or DBA filing.
COMMON MISTAKE: Using a trade name or 'doing business as' name instead of the registered legal entity name can cause confusion and is a frequent clerical error in official correspondence.
Select 'Yes' if your business has any individuals performing work in New York for which you are required to withhold taxes, including full-time, part-time, and temporary staff.
COMMON MISTAKE: Incorrectly selecting 'No' if you have any staff, as the requirement to post wage notices applies to all employers with employees in New York, not just those above a certain size.
Enter the total number of individuals you employ in New York State, counting all staff across all shifts and locations as of the date you complete this assessment.
COMMON MISTAKE: Forgetting to include part-time, seasonal, or temporary kitchen or service staff in the total count, which can underreport your workforce.
Enter the count of distinct physical premises in New York State where your business operates and has employees, as you need one poster displayed at each worksite.
COMMON MISTAKE: Only counting the primary restaurant address and forgetting a separate catering kitchen, office, or secondary service location, which is a common oversight.
Select 'Yes' only if you have the official New York State Minimum Wage poster (form LS 223) physically posted in an employee common area right now.
COMMON MISTAKE: Selecting 'Yes' based on having an old poster from a prior year or a generic labor law poster that does not include the specific, current minimum wage rates.
Select 'Yes' only if your displayed poster explicitly lists the minimum wage rates effective for the current calendar year as published by the New York State Department of Labor.
COMMON MISTAKE: This is the most frequent error: assuming an old poster is still valid after annual wage increases; for example, using a 2025 poster in 2026 when rates have changed.
Confirm you have downloaded the free, official 'Minimum Wage' poster (LS 223) directly from the New York State Department of Labor website, not from a third-party vendor.
COMMON MISTAKE: Downloading an outdated version from a cached webpage or using a paid service to obtain the poster, which is unnecessary as the government provides it at no cost.
Confirm you have produced a physical, legible print of the downloaded poster, as the law requires a hard copy to be displayed, not just a digital file on a manager's computer.
COMMON MISTAKE: Failing to print the poster in its required 11" x 17" size or in black and white on poor-quality paper, making it difficult for employees to read.
Select 'Yes' if your business operates from more than one physical location in New York, as the New York Labor Law § 195 requires a poster at each separate worksite.
COMMON MISTAKE: Printing only one copy for a multi-location restaurant group, which leaves secondary sites out of compliance and vulnerable to fines during an inspection.
Describe the exact, conspicuous place where the poster is or will be displayed, such as 'employee break room bulletin board,' 'kitchen time clock area,' or 'next to the schedule in the back office.'
COMMON MISTAKE: Vaguely stating 'in the back' or posting it in a manager's office or storage area not frequented by all employees, which does not satisfy the 'conspicuous place' requirement.
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Posting an outdated poster or the statewide generic poster without the correct Upstate New York/Rochester wage rate. As of 2026, the minimum wage for Upstate New York is different from NYC and Long Island. Posting the wrong rate can trigger a New York Department of Labor (NY DOL) violation notice, which typically gives you 3 business days to correct it before fines accrue. Always download the latest "Minimum Wage Rates for New York State" poster directly from the NY DOL website, ensuring it lists the correct rate for the 'Upstate New York' region.
Placing the poster in a back office, break room, or other area not frequented by all employees. The law requires it to be in a conspicuous place accessible to all employees, such as near time clocks, in a main hallway, or in the employee entrance. Failure to do so makes the posting non-compliant, and inspectors will note the violation immediately during a routine visit, often resulting in a written warning and a follow-up inspection that adds administrative hassle and 1-2 weeks of compliance monitoring.
Only posting the Minimum Wage poster but missing other mandatory notices like "Your Rights Under the Paid Family Leave Law," "Unemployment Insurance," and "Workers' Compensation." NY DOL requires a group of posters to be displayed. An incomplete posting cluster is a common citation. To avoid this, use the NY DOL's "Poster Requirement Checklist" for your industry and create a single, dedicated employee notice board where all required state and federal posters are displayed together and are clearly readable.
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| City | Fee Range | Timeline |
|---|---|---|
| Buffalo | ||
| New York City | ||
| Rochester |
Visit the New York State Department of Labor (NYSDOL) website to confirm the current minimum wage rate and all required poster formats for Rochester, New York. As of 2026, the minimum wage in upstate New York is $16.50 per hour. You must download the specific ‘Minimum Wage Rate Poster’ (NYS Form LS 62) and the ‘Deductions from Wages’ poster (Form LS 64). The #1 mistake is posting an outdated wage rate, which violates Article 19 of the New York Labor Law and can result in fines.
Download the official PDF files for the required labor law posters from the NYSDOL’s official poster page. You are responsible for printing the posters at the correct size—they must be at least 11 x 17 inches, in English and Spanish, and the print quality must be legible. Using commercial printing services or ordering from approved vendors can ensure compliance. Many applicants are rejected for using low-quality prints or incorrect poster sizes.
Physically post the printed posters in a conspicuous place accessible to all employees, such as a break room, kitchen bulletin board, or near time clocks. The posters must be displayed at all times. For remote workers, you must also distribute the posters electronically via email or a company intranet. Document this posting step by taking a date-stamped photo for your records, as this proof is required during a NYSDOL inspection.
Applications go to the New York department of labor. Local procedures and fees may vary — select your city below.
This is one of 13 requirements for opening a restaurant in New York.
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local
federal
state
See all co-required forms and how they connect to your compliance dossier.
See All RequirementsThe process time varies. You must obtain and post it immediately. There is no government application to process; you are responsible for downloading the current poster from the New York State Department of Labor website and displaying it. Contact the Department to confirm the most current version is posted.
There are $0–$0 government filing fees for the poster itself, per the New York State Department of Labor. The required poster is available for free download from their official website. Some commercial compliance vendors may charge for printing or framing services, but this is not a government fee.
No, a physical poster cannot be transferred. You must post the current, official notice at each separate establishment you operate. This is similar to other location-specific postings like the ADA Compliance Self-Certification form, which is also tied to a specific premises. You can download a new copy for the new location.
You must update the poster whenever the state revises its minimum wage laws or poster design. The rates are often adjusted annually. Unlike a City Business License/Registration, which has a fixed renewal period, you are responsible for monitoring for updates from the New York State Department of Labor.
A New York State Department of Labor inspector will check for the poster's presence and that it is the current, official version. It must be posted conspicuously where employees can easily see it. Failure to post the correct notice can result in fines. Not legal advice — verify posting requirements with the Department of Labor.
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 New York specifically, we have analyzed compliance dossiers for 3 cities (Buffalo, New York City, Rochester), generating Rich FILs (Form Intelligence Layers) with 14 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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