The Division of Labor Standards has the responsibility of administrating Missouri's Wage and Hour Laws. Although Missouri has no "Wage Collection Law", we answer questions for the public about their rights and procedures under the Wage and Hour laws.
The courts of Missouri follow an "Employment-at-Will" doctrine. This means that both the employee and employer can end the employment relationship at any time and for any reason, as long as it is not discrimination under the Civil Rights Act. Unless there is a written employment agreement, an employer may dictate or change the terms and conditions of employment. The employee can either agree to the terms and conditions, or refuse them and risk termination. The exact laws can be found in Chapter 290 RSMo and Regulations (Rules) under 8CSR 30, 4.010-050.
| Q. |
Can an employer pay an individual under 20 years of age less than the applicable minimum wage rate? |
| A. |
Section 290.517, RSMo and 8 CSR 30-4.060(6) both require a hearing addressing the specific exception requested before a wage lower than the applicable minimum wage rate may be paid. Accordingly, until such time that a hearing may be held and a regulation issued allowing for a reduced wage, covered nonexempt employees need to be paid the applicable minimum wage rate. The law does not allow an employer to pay less than the applicable minimum wage rate identified in Section 290.517 unless a training wage is established pursuant to a hearing in accordance with 8 CSR 30-4.060. You can access the Minimum Wage Law and Rules at http://www.moga.mo.gov/STATUTES/C290.HTM and http://www.sos.mo.gov/adrules/csr/current/8csr/8c30-4.pdf. |
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| Q. |
Are breaks or lunch periods required? |
| A. |
There are no state laws regarding breaks or lunch periods. These issues might be addressed by company policy, or could be covered by union contract. |
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| Q. |
Are benefits such as vacation, sick leave and health insurance required? |
| A. |
Missouri has no law requiring paid vacations for private sector employment. This is an issue that must be addressed by the employee with his or her employer. The state of Missouri does not have a law that requires employers to offer any type of fringe benefit, such as insurance or sick leave. |
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| Q. |
If an employee is terminated when are their final wages due? |
| A. |
Wages are due at the time of termination. If not paid at that time, the employee should contact their former employer by certified mail return receipt requested, requesting wages that are due. The employer would have seven days to respond to the written request. If the employer does not respond in seven days, because the state of Missouri does not have authority to collect wages for any individual, any moneys due would have to be collected by private legal action. Suit may be filed in Small Claims Court if the amount claimed is under $3,000.00 or by private attorney for a greater amount. (See RSMo Chapter 290.110) |
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| Q. |
If an employee quits their job, when are their final wages due to them? |
| A. |
There are no requirements under Missouri law that address when wages are due when an employee quits a job. If wages are not paid by the next regular pay period, then the wages would have to be collected by legal action. If the amount claimed is less than $3,000.00 the employee can file for the amount due in Small Claims Court or by private legal counsel for a greater amount. |
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| Q. |
What does an employee need to do to request a "Letter of Dismissal"? |
| A. |
If you worked for an employer for over 90 days and they had seven or more employees you would be entitled to a Letter of Dismissal. The letter only applies to corporations. You should contact your former employer requesting a letter of dismissal. Section 290.140 RSMo requires they provide an employee this letter. Mail your request certified mail return receipt requested. The employer has 45 days to respond. The letter should state how long you were employed, the nature and character of work performed and why you are no longer employed there. If they do not respond in the 45 day period, the employee would need to file a legal action. |
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| Q. |
Does an employer have to furnish their employees with a statement of deductions? |
| A. |
At least once a month an employer is required to furnish employees a statement of deductions as part of a check or in a separate document. If an employee does not receive a statement of deductions, private legal action would need to be taken. |
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| Q. |
Can an employer require their employees to work more than eight hours a day or more than 40 hours per week? |
| A. |
There are no Missouri laws which restrict the number of hours an employer can require an
employee to work. If the employee refuses to work the requested hours, the employer can
terminate the employee without violating any laws. If the employee is covered under state or federal overtime law, (if the businesses' gross annual volume sales made or business done is more than $500,000), they are to be paid time and one half for any hours over 40 hours in a workweek. (See RSMo Chapter 290.505) |
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| Q. |
Can an employer reduce the wages of their employees? |
| A. |
An employer can reduce an employee's wages without violating any law. However, an employer subject to the Missouri minimum wage Law or the Federal Fair Labor Standards Act (FLSA), may not reduce an employee's wages below the federal minimum or state minimum wage (whichever is higher). Missouri law requires employers to give a 30-day written notice of reduction of wages (See RSMo Chapter 290.100). No state agency enforces this law. Recovery of wages under this statute would have to be accomplished by private legal action. |
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| Q. |
Is an employee required to give their employer two weeks notice when they quit their job? |
| A. |
No. Missouri courts go by a doctrine of "Employment-at-Will" which does not require any notice. The state laws provide no requirement for notice from or for employers. |
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| Q. |
What is the minimum wage? |
| A. |
The state minimum wage is $7.25 per hour. Federal minimum wage is $7.25 per hour.
The Missouri Minimum Wage and Overtime Law, sections 290.500 to 290.530, are
enforced by the state. The Division of Labor Standards will investigate
complaints of non-compliance of the state minimum wage law. |
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| Q. |
When does overtime come into effect? |
| A. |
Overtime is based on a 40 hour workweek, not an 8 hour day.
State minimum wage law and the Federal Fair Labor Standards Act (FLSA) requires certain employers to pay time and one half times the regular rate of wages for hours over 40 in a workweek (See RSMo Chapter 290.505). |
