Labor Law Posters Required of All Restaurants, Regardless of State
Every restaurant, regardless of its location, must post certain labor law posters based on federal law. Here is a list of the required federal labor law posters for foodservice-related organizations, along with a brief description of each.
Fair Labor Standards Act (FLSA) and Federal Minimum Wage Law Poster
This poster sets forth information about the federal minimum wage, which is currently $7.25 per hour. It also explains that restaurants must pay tipped employees a cash wage of $2.13 per hour, with the tips making up the rest of their pay; if that amount doesn’t equal the minimum wage, employees must be paid the difference, so they are earning at least the federal minimum wage. It also explains that employees may be entitled to overtime pay of 1.5 times their regular hourly rate if they work more than 40 hours in a week. Keep in mind that laws governing the minimum wage in your state or locality may vary, and many states require an additional poster that sets forth their own minimum wage as well as other wage and hour issues, such as child labor laws.
Equal Employment Opportunity (EEO) Law Poster
This poster explains that restaurant employees are protected against discrimination in the workplace. The poster briefly reviews the laws it enforces, including the Civil Rights Act, the Americans With Disabilities Act, and the Age Discrimination in Employment Act. The required poster also details how employees can file a complaint if they feel they have been discriminated against.
Occupational Safety and Health Law Poster
All restaurants are required to post this poster, which informs employees that they are entitled to a safe, healthy work environment and informs employers that they must keep records of employee injuries and that they may be subject to compliance inspections.
Uniformed Services Employment and Reemployment Rights Act (USERRA) Poster
This poster explains that restaurants may be required to re-employ servicemembers after they finish a tour of duty. It also explains that the law prohibits employers from discriminating against both servicemembers and veterans.
Family and Medical Leave Act (FMLA) Poster
Restaurants that employ more than 50 people must offer up to 12 weeks of unpaid leave to their employees who have been employed for at least 12 months and who have worked at least 1,250 hours during the last 12 months. This poster explains that the leave can be for the birth and care of a newborn child of an employee, for the adoption or foster care placement of a child with an employee, to care for an employee’s immediate family member who has a serious health condition, or to take medical leave for an employee’s own serious health condition that renders her unable to work.
Employee Polygraph Protection Act Poster
This labor law poster explains that employees and job applicants cannot be forced to take a lie detector test and that restaurants may not discriminate or retaliate against employees who refuse to take a lie detector test.
Specific Restaurant-Focused Labor Law Posters
State and local laws may also require restaurants to display additional labor law posters. Typical posters may include the following:
- Handwashing: These posters, which are typically posted above every sink, explain that employees are required to wash their hands before preparing food and after any unhygienic act. Many, but not all, states require these posters.
- Accident prevention: This poster explains how employees can reduce their risk of injuries at work by lifting heavy items safely and by taking steps to avoid slips, trips, and falls.
- First aid: In some states, you must display a poster that explains the proper way to render first aid, including how to administer the Heimlich maneuver in the event a restaurant patron chokes on their food and how to handle other medical emergencies.
- Fire extinguisher poster: This poster explains what restaurant employees should do in the event of a fire, including when and how to use a fire extinguisher.
- Other posters: The Food and Drug Administration, United States Department of Agriculture, and other federal agencies offer additional food and allergy-related posters that are optional for posting. Visit those agency sites for more information. And some states require posters that explain various safety measures that restaurants should take to protect their guests, such as guidelines for alcohol sales, sanitization, food storage, and safe cooking temperatures.
How Restaurants Can Stay in Compliance
Poster Compliance Center offers a convenient bundle of the most common restaurant labor law posters, plus state-specific labor law posters, to ensure you meet your legal requirements. Check out our restaurant industry page for more details, or get in touch if you have any questions.