Without the legally required USERRA workplace poster displayed, you face U.S. Department of Labor investigations and penalties of over $1,000 per violation. This is the federally mandated notice, also known as the military service member reemployment rights poster, that you must physically post in Memphis. The U.S. Department of Labor’s Veterans' Employment and Training Service (VETS) enforces this requirement for all Memphis employers.
Analyzed from Your Rights Under the Uniformed Services Employment and Reemployment Rights Act (USERRA) Poster
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In Memphis, all employers, including restaurants, are required by federal law to post the official Your Rights Under USERRA notice. The mandate is established by the Uniformed Services Employment and Reemployment Rights Act of 1994 (38 U.S.C. § 4301-4335). This federal statute requires every employer in the United States, irrespective of size or location, to display the poster in a conspicuous place where employee notices are customarily posted. The U.S. Department of Labor (DOL) enforces this requirement, and there is no local Memphis or Tennessee ordinance that supersedes or alters this federal obligation. The purpose is to inform employees who are members of the National Guard and Reserves of their rights to job protection, reemployment, and benefits continuation during and after uniformed service.
Failing to post the USERRA notice does not carry a specific monetary fine per day, but it creates severe legal and financial vulnerabilities for your business. Non-compliance leaves you exposed to costly lawsuits from service-member employees whose rights you may have inadvertently violated. Based on enforcement actions analyzed by the DOL, the practical consequences of USERRA violations include:
Legal code: Uniformed Services Employment and Reemployment Rights Act (USERRA)
Recent update: The U.S. Department of Labor updated the mandatory USERRA poster in 2023 to clarify protections related to nondiscrimination and the application of the Act to all uniformed service, including voluntary service.
| Type | Required | Notes |
|---|---|---|
| Restaurant (Full-Service) | Required | USERRA applies to all public and private employers, regardless of size, as established by the federal act. |
| Bar / Nightclub | Required | Any business with one or more employees must comply with USERRA poster requirements under federal law. |
| Food Truck | Required | USERRA has no minimum employee threshold, so all food truck operators with employees must display the poster. |
| Coffee Shop / Café | Required | Federal law mandates display for all employers, including small coffee shops with part-time staff. |
See which restaurant types need this requirement — and which don't.
See Full Requirements →Select 'Yes' if you currently employ anyone at your Memphis restaurant, including part-time, seasonal, or family members, as USERRA requires the poster be displayed by all employers with one or more employees.
COMMON MISTAKE: Selecting 'No' because you are a sole proprietor or have only a few staff; this is incorrect and can be flagged during a federal or Tennessee Department of Labor audit as non-compliance.
Enter the exact total number of individuals on your payroll at this Memphis location, as of the date you are completing this form.
COMMON MISTAKE: Entering an inaccurate or estimated number; use precise payroll records to avoid discrepancies that can raise questions during an audit.
Select 'Yes' only after you have successfully saved the official 'Your Rights Under USERRA' poster (Form WH-1474) from the U.S. Department of Labor website to your computer.
COMMON MISTAKE: Selecting 'Yes' before the download is complete or saving an outdated or unofficial version of the poster, which does not satisfy the legal requirement.
Select 'Yes' only if you have attempted and failed to download the official poster from the DOL website and require technical or guidance support.
COMMON MISTAKE: Selecting 'Yes' as a default without first attempting the download, which can delay your compliance process unnecessarily.
Select 'Yes' after you have physically printed the downloaded poster, ensuring it is on standard letter-size (8.5" x 11") paper and is fully legible.
COMMON MISTAKE: Selecting 'Yes' when the poster is only saved digitally or printed in a reduced size, making it illegible and non-compliant with display rules.
Select the method used to produce the physical poster (e.g., 'In-house printer,' 'Commercial print shop,' 'Copied at library') for your own records.
COMMON MISTAKE: Leaving this field blank; while not a primary audit trigger, incomplete records can complicate demonstrating due diligence if questioned.
Select 'Yes' once you have chosen a specific, permanent location in your Memphis restaurant where all employees can easily see the poster, such as a break room or near time clocks.
COMMON MISTAKE: Selecting 'Yes' without having a concrete location selected, leading to last-minute scrambling and potential non-compliance if an inspector visits.
Describe the exact spot where the poster is or will be posted (e.g., 'On the bulletin board in the employee break room, next to the Tennessee OSHA poster').
COMMON MISTAKE: Using vague descriptions like 'in the back' or 'by the office'; be specific to create a verifiable record for your compliance file.
Select 'Yes' only after the physical poster is securely affixed (e.g., taped, tacked) in the identified location where employees routinely gather.
COMMON MISTAKE: Selecting 'Yes' prematurely when the poster is merely set aside or placed in a manager's office, which does not meet the 'conspicuous place' requirement under USERRA.
Enter the exact calendar date (MM/DD/YYYY) when you physically posted the USERRA poster in your restaurant.
COMMON MISTAKE: Entering an incorrect or future date; this date starts your compliance period and must be accurate for audit trails.
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The U.S. Department of Labor (DOL) periodically updates the official USERRA poster to reflect clarifications or new guidance. Displaying an old version can lead to confusion for employees and constitutes a failure to post the required legal notice. To avoid this, download the current "Your Rights Under USERRA" poster directly from the DOL's Veterans' Employment and Training Service (VETS) website, and verify the publication date is the most recent available. Consequences include potential fines and a failure to properly inform employees of their rights.
Tucking the USERRA poster in a back office or an area not frequented by all employees, like a manager's office, violates the requirement that it be posted where all employees can see it. This mistake can lead to complaints to the DOL and undermine an employee's ability to assert their rights. The poster must be displayed in a conspicuous place, such as a common break room, near time clocks, or on a main employee bulletin board alongside other required labor law notices like the Fair Labor Standards Act (FLSA) and OSHA posters.
The posting requirement is separate from the employer's obligation to provide the poster text to an employee upon request, as specified in 20 CFR 1002.32. Simply pointing to the wall poster is insufficient if an employee asks for a personal copy. This can be a violation of USERRA regulations. To avoid this, keep digital or printed copies readily available to provide immediately to any employee who asks. Failing to do so can be used as evidence of non-compliance in a claim.
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| City | Fee Range | Timeline |
|---|---|---|
| Knoxville | ||
| Memphis | ||
| Nashville |
Determine your legal obligation under USERRA and the Tennessee Service Member Employment Rights Act (T.C.A. § 8-36-101). As an employer with one or more employees, you must post the official USERRA notice where employees can readily see it. Gather your establishment's legal business name and address, which should be clearly identifiable on the premises where the poster is displayed. The most common oversight is assuming only federal contractors need to post it; in Memphis, this applies to nearly all employers.
Obtain the current "Your Rights Under USERRA" poster (Form WH-1422) directly from the U.S. Department of Labor's Veterans' Employment and Training Service (DOL-VETS) website. This is the only authorized source to ensure compliance. You will need a computer with internet access and a printer capable of producing an 11x17 inch color document. Using outdated posters or ones from commercial vendors risks displaying non-compliant information, as the DOL can update the poster without notice.
Print the downloaded poster on 11x17 inch paper. Immediately display it in a conspicuous place where you normally post employee notices, such as a break room or near time clocks. The poster must be in English; if a significant portion of your workforce is not proficient in English, you may need to provide additional assistance. The #1 cause of non-compliance is downloading the poster but failing to physically post it or placing it in an area employees rarely visit.
Department of Labor - Veterans' Employment and Training Service (DOL-VETS)
Department of Labor - Veterans' Employment and Training Service (DOL-VETS)
Department of Labor - Veterans' Employment and Training Service (DOL-VETS)
This is one of 13 requirements for opening a restaurant in Tennessee.
federal
local
state
state
See all co-required forms and how they connect to your compliance dossier.
See All RequirementsThe timeline varies. You don't 'get' a physical permit or certificate; compliance is achieved by displaying the federal USERRA poster. The poster can be downloaded instantly from the U.S. Department of Labor website. Your process for ordering or printing the poster, and ensuring it's posted before opening, may take a few days, which is a common step alongside securing your initial City Business License/Registration.
The official government filing fee for the USERRA poster itself is $0. The U.S. Department of Labor provides it free of charge for download and printing. You may incur incidental costs for printing or a frame, but there is no payment to the City of Memphis or the State of Tennessee for this federal posting requirement. Not legal advice — verify with the U.S. Department of Labor.
Yes, the physical poster can be moved to a new business location. The USERRA requirement is federal and applies to all covered employers, regardless of specific address. The poster itself is not location-specific, unlike a Certificate of Occupancy. You simply need to ensure it is displayed in a conspicuous place for all employees at the new premises.
The poster itself does not have a formal renewal or expiration date. However, you must ensure you display the current version issued by the U.S. Department of Labor. It is your responsibility to check for updated versions periodically, as the content could change with new legislation. This is a maintenance task similar to ensuring other postings, like labor law notices, are current.
There is no specific 'inspection' solely for the USERRA poster. Compliance may be checked during a broader review by a federal Wage and Hour Division investigator or potentially during a state or local audit. The investigator will verify the current poster is prominently displayed in an area frequented by employees, often alongside other required notices. Failure to display it can result in penalties under federal law, which is why this is a foundational requirement for opening.
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 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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