Most small business owners know they should have a poster hanging in the break room. Fewer know which ones are legally required, whether a small team is exempt, or what to do when half the staff works from home.
This post covers the federal posters most U.S. employers must display, who has to post each one, how state and local rules add to the list, and where to get every poster for free. It takes about ten minutes to check your own workplace against it.
Missing posters are easy to spot and easy to fix, which makes them worth handling before an investigator asks (see our DOL audit checklist for small business owners for the other common triggers).
The federal posters most small businesses need
Six federal posters cover most small businesses, and two of them depend on how many people you employ.
Poster | What it covers | Who must post it | Worth knowing |
|---|---|---|---|
Employee Rights Under the Fair Labor Standards Act (FLSA) | Minimum wage, overtime, child labor, and break time to pump at work | Employers covered by the FLSA, which is most businesses | Use the current Department of Labor version. The older 2016 version no longer satisfies the requirement. |
Job Safety and Health: It's the Law (OSHA) | Workers' safety rights and how to report hazards | Most private-sector employers | States with their own OSHA-approved plan may require a state version. OSHA updates this poster from time to time. |
Know Your Rights: Workplace Discrimination is Illegal (EEOC) | Protection from discrimination, harassment and retaliation, and how to file a charge | Employers with 15 or more employees | It replaced the older "EEO is the Law" poster. Posting it online is encouraged, and may be required if staff are fully remote. |
Employee Rights and Responsibilities Under the FMLA | Unpaid, job-protected family and medical leave | Employers with 50 or more employees | Electronic posting is allowed if it meets all the posting requirements. |
Employee Polygraph Protection Act (EPPA) | Limits on lie-detector tests in employment | Most private employers | Easy to overlook. |
USERRA (Uniformed Services Employment and Reemployment Rights) | Job protections for employees in military service | All employers | You can give employees the full notice by other means, such as email, as long as it includes the full text. |
Two more apply to some businesses. E-Verify has its own poster if you take part in the program, or if your state or a federal contract requires it. The Department of Labor also lists notices for migrant and seasonal agricultural work, for workers paid special minimum wages under a disability program, and for federal contractors, who have additional posting requirements.
State and local posters are on top of the federal ones
Federal posters are the minimum. Most states require their own notices as well, and some cities and counties add more.
Common state notices include:
Minimum wage
Workers' compensation
Unemployment insurance
Paid sick leave or paid family leave, in states that have it
Anti-discrimination and harassment
If you have employees in more than one state, you need the posters for each location where people work. Some states also require translated versions when part of your workforce reads another language.
The reliable way to find your list is to search for your state's labor department and look for its page on required workplace posters. Use the official .gov site. Then check whether your city or county has its own rules, such as a local minimum wage or sick leave ordinance.
Where and how to post them
Post them in a place every employee, and any job applicant who visits, can easily see: the break room, near the time clock, or by the main entrance. A poster in a back office or a filing cabinet does not count.
If you have more than one location, each one needs its own set.
Remote and hybrid teams. If some or all of your staff never visit a physical workplace, a wall poster does not reach them. The EEOC encourages employers to put its Know Your Rights notice online as well, and for fully remote staff an electronic copy may be required. The FMLA and USERRA notices can also be delivered electronically if they meet the posting requirements. A simple approach is to keep every poster on your employee portal or shared drive and send the set to each new hire.
Whatever you use, make sure electronic copies are easy to open and readable for people who use assistive tools such as screen readers.
What happens if you skip them
There is no single federal penalty for a missing poster. What you face depends on the poster, the agency and your state.
The bigger risk is often indirect. A missing notice is easy for an investigator to see during any inspection, and it can invite closer questions about your other compliance steps. In a discrimination claim, the EEOC has said that failing to display its notice could be treated as a sign of bad faith, and it could extend the time an employee has to file. Your state may also have its own penalties for missing state notices.
The posters themselves cost nothing. Fixing this takes an hour, and it is one of the few compliance gaps that can be closed completely.
Where to get the posters for free
Every required federal poster is free from the agency that issues it:
U.S. Department of Labor (dol.gov): the FLSA, FMLA, EPPA and USERRA posters
OSHA (osha.gov): Job Safety and Health: It's the Law
EEOC (eeoc.gov): Know Your Rights: Workplace Discrimination is Illegal
Your state labor department: your state's required notices
The Department of Labor also points employers to a free tool, the elaws Poster Advisor, to work out which of its posters apply to your business. Private companies also sell all-in-one posters and subscription services that update automatically. They are a convenience, not a requirement. If you buy one, check that it includes your state's notices and that it is current, because a federal-only poster will not cover you.
A five-point poster checklist
Do you have the current federal posters that apply to your headcount: FLSA, OSHA, USERRA and EPPA, plus the EEOC notice at 15 or more employees and the FMLA notice at 50 or more?
Do you have every notice your state requires, and any that your city or county adds?
Are they in a place where employees and applicants will see them, at every location?
Do remote and hybrid employees have electronic copies they can easily open?
Have you checked that they are current, at least once a year?
The best time to do this is before anyone asks, and a single walk through your workplace is usually enough.
Staying current
Poster requirements change when laws change, and your state's list can grow without much notice. The Compliance Brief explains these updates every week, in plain English, for small business owners who don't have time to track federal and state labor law themselves.
For a quick reference you can keep, grab the free 2026 HR Compliance Cheat Sheet when you subscribe at thecompliancebriefhq.com.
This article is for informational purposes only and does not constitute legal advice. Employment laws vary by state and change frequently. Consult a qualified employment attorney for guidance specific to your business.