Failing to display the correct USERRA notice leaves you vulnerable to federal investigations and penalties from the U.S. Department of Labor (DOL) for violating employee posting requirements, even in San Antonio. All private and public employers must post this notice (also known as the "Your USERRA Rights" poster) in a conspicuous place. Key facts:
Analyzed from Your Rights Under the Uniformed Services Employment and Reemployment Rights Act (USERRA) Poster
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The USERRA (Uniformed Services Employment and Reemployment Rights Act) Poster is a mandatory federal workplace notice for all employers. It is required under the federal law of the same name, codified at 38 U.S.C. § 4301-4335. In Texas and San Antonio, there is no separate state or local posting statute, but the federal law is enforced by the U.S. Department of Labor's Veterans' Employment and Training Service (VETS). This requirement applies to all employers regardless of size, including restaurants. The poster details the rights, benefits, and obligations of employees who serve in the uniformed services (including the National Guard and Reserves) and their employers concerning leave, reemployment, and non-discrimination.
Failing to properly display the official USERRA poster in a conspicuous place where all employees can see it can lead to significant consequences. While there is no direct monetary fine for the simple act of not posting, the underlying USERRA violations the poster informs against carry severe penalties and operational risks. Based on enforcement actions and case law, the primary consequences for non-compliance include:
Legal code: Uniformed Services Employment and Reemployment Rights Act (USERRA)
Recent update: The mandatory poster content and design are updated by the U.S. Department of Labor; the current version (Revised September 2023) must be used, replacing any older versions.
| Type | Required | Notes |
|---|---|---|
| Restaurant (Full-Service) | Required | Required for all employers, per federal USERRA law § 20 CFR Part 1002, regardless of industry, if you have any employees. |
| Bar / Nightclub | Required | Required, as it is an employer subject to federal employment laws under USERRA § 20 CFR Part 1002. |
| Food Truck | Required | Required if the food truck operation hires employees; USERRA applies to all employers with employees, as defined in § 20 CFR Part 1002. |
| Coffee Shop / Café | Required | Required for any coffee shop that employs staff, mandated by federal USERRA regulations § 20 CFR Part 1002. |
See which restaurant types need this requirement — and which don't.
See Full Requirements →Answer 'Yes' if your business employs at least one worker subject to the Fair Labor Standards Act (FLSA), including part-time, full-time, or seasonal staff, even if that person is the owner acting as an employee; answer 'No' only if you operate as a sole proprietor with absolutely no hired labor.
COMMON MISTAKE: Selecting 'No' because you consider yourself an 'owner-operator' or have family members working without formal payroll—if any individual performs work for the business and receives compensation, you likely have employees under USERRA and FLSA definitions.
Enter the total number of individuals you employ, counting all part-time, full-time, and seasonal workers on your payroll as of the date you are completing this requirement; if you have zero employees, enter '0'.
COMMON MISTAKE: Entering an incorrect count by excluding part-time staff, owners who take a salary, or contractors—the U.S. Department of Labor's Wage and Hour Division defines an 'employee' broadly, and an undercount can trigger a compliance audit.
Answer 'Yes' if you have successfully obtained the official 'Your Rights Under USERRA' poster (WH-1051) from the U.S. Department of Labor's website or another verified source; 'No' if you have not yet acquired it.
COMMON MISTAKE: Selecting 'Yes' after downloading an outdated, unofficial, or state-specific poster—the federal USERRA poster (WH-1051) is the only version that satisfies this requirement, and using an incorrect template is a common violation.
Indicate 'Yes' if you require technical or procedural help accessing the official poster file from dol.gov; 'No' if you can download it independently.
Confirm 'Yes' once you have produced a physical, legible copy of the USERRA poster on paper, ensuring all text is readable; 'No' if it remains only as a digital file.
COMMON MISTAKE: Answering 'Yes' after printing a poster that is blurry, scaled down, or missing sections—the poster must be printed in its entirety on at least 8.5 x 11 inch paper with no alterations to the official content.
Select how the poster was physically produced (e.g., 'In-house printer,' 'Commercial print shop,' 'Other') to document your compliance method.
Answer 'Yes' if you have chosen a conspicuous place where employees routinely congregate or view notices (e.g., break room, time clock area, near employee entrance); 'No' if a location is not yet selected.
COMMON MISTAKE: Selecting 'Yes' for a location that is not genuinely accessible to all employees, such as a manager's office or a locked bulletin board—this violates the 'conspicuous place' standard under 20 CFR 1002.33.
Provide a specific, plain-language description of where the poster is or will be posted, e.g., 'On the bulletin board next to the time clock in the employee break room' or 'On the wall beside the kitchen entrance.'
COMMON MISTAKE: Writing a vague description like 'in the back' or 'on a wall'—inspectors need a clear, verifiable location to assess compliance, and ambiguity can lead to a citation during a Wage and Hour Division audit.
Answer 'Yes' only when the physical poster is actually affixed in the identified conspicuous location; 'No' if it is still in your possession or not yet displayed.
COMMON MISTAKE: Marking 'Yes' prematurely before the poster is securely posted—merely having the poster on-site but not displayed is a violation of 38 U.S.C. 4334 and can result in penalties.
Enter the exact calendar date when you physically posted the USERRA poster in its conspicuous location, using MM/DD/YYYY format; this establishes your compliance timeline.
COMMON MISTAKE: Entering an incorrect or future date—the date must be the actual day of posting, as falsifying this record can be considered evidence of willful non-compliance in an investigation.
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Using a generic 'federal labor law' poster or an outdated USERRA poster that does not include current contact information for the Veterans' Employment and Training Service (VETS). The consequence is a non-compliance citation from the U.S. Department of Labor during an audit, which can result in corrective orders and reputational damage. To avoid, download the official 'Your Rights Under USERRA' poster directly from the VETS website (dol.gov/vets), ensuring it's the most recent version, and post it immediately in a common area like the employee break room.
Placing the poster in a manager's office, a locked cabinet, or a low-traffic area where employees cannot easily see it. This mistake effectively nullifies the posting requirement and can be cited as a violation if an employee complaint triggers an investigation, adding 2–3 weeks to a resolution timeline as you correct the posting and provide proof. Avoid this by posting it alongside your other required federal and Texas labor law notices (like the FLSA and OSHA posters) on a main bulletin board in a common area frequented by all staff.
Assuming that because you have only a few employees, you are exempt from the USERRA posting requirement. USERRA applies to all U.S. employers, regardless of size. The consequence is being unprepared for an employee's military leave request and facing potential reemployment rights violations, which carry significant liability. To avoid, post the notice as soon as you hire your first employee. Verify coverage with the VETS hotline if unsure, but err on the side of compliance.
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| City | Fee Range | Timeline |
|---|---|---|
| Dallas | ||
| Houston | ||
| San Antonio |
Download the official "Your Rights Under USERRA" poster (WH-1421) from the U.S. Department of Labor's website or order a physical copy. Ensure you have the most recent version, as requirements can be updated. Using an outdated poster is the most common compliance mistake.
Print the poster and display it in a prominent area where all employees can easily see it, such as a break room, near time clocks, or with other required labor law notices (like the minimum wage poster). You must ensure it is accessible to all employees, including those without regular computer access.
Keep a record of your poster's placement date and the version displayed. This is critical for demonstrating compliance during a potential investigation by the Veterans' Employment and Training Service (VETS). Take a dated photo of the posted notice as part of your documentation.
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 Texas.
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See All RequirementsThe timeline varies because this is a federal posting requirement with no application process. You can obtain the official poster directly from the U.S. Department of Labor website and print it immediately. Unlike local permits such as a City Business License/Registration, there is no government approval period.
Government filing fees are $0–$0 for the USERRA poster itself, per the federal mandate. The official downloadable PDF is free from the Department of Labor. You may incur your own costs for printing and laminating the poster, but no fee is paid to any government authority.
Yes, the USERRA poster itself is not location-specific. You must simply re-post it at your new business address where employees can see it. This differs from location-tied permits like an Alarm System Permit/Registration, which require a new application and fee for a new premises.
There is no formal renewal process. The poster must be displayed as long as you have employees. You should check the U.S. Department of Labor website annually for any updated poster versions, as the law or its interpretation can change.
There is no scheduled inspection specifically for the USERRA poster. A federal Wage and Hour Division investigator may check for its proper display during a broader compliance audit or investigation of a complaint. The poster must be posted in a conspicuous place where employees routinely gather, similar to other required workplace notices.
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 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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