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Filing a Wage and Hour Claim - Missouri

Does Missouri have state overtime laws that are different from federal law? 

Under Missouri law, employers must pay employees at a rate of at least one and one-half the employee's regular hourly wage for working more than forty hours in one week. This is the same rate as federal overtime  laws mandate.

Some employees are exempt from the overtime requirement. Exempt employees include those engaged in administrative, professional, executive, agricultural, motor carrier, or outsides sales activities.

Does Missouri have a minimum wage that is different from federal law?

The current minimum wage in Missouri  is $8.60 per hour, which is higher than the federal minimum wage of $7.25 per hour. Employers can use tips and gratuities to reduce the minimum wage required to $4.30 per hour.

Generally, employers can use other costs of employment to decrease the minimum wage required. Employers can credit tips and gratuities towards up to 50% of the minimum wage. Additionally, employers can decrease the minimum wage by compensation received in the form of goods and services such as meals and lodging.

After approval of the director of the Division of Labor Standards and a public hearing, employers can pay the following employees at a rate below the minimum wage:

  • Workers whose earning capacity is impaired by physical or mental deficiencies
  • Learners and apprentices

 

Do any cities or counties in Missouri have a minimum wage that is different from state or federal law? 

No city or county in Missouri has a minimum wage higher than Missouri’s minimum wage of $8.60 per hour. In 2017, the state passed a law that prevents cities from implementing minimum wages that are higher than the state’s.

Does Missouri have meal and rest break requirements, unlike federal law?

Missouri does not have any meal or rest break requirements.

How do I file a wage/hour or labor standards claim in Missouri?

Missouri has separate forms for filing a minimum wage claim  and filing an unpaid wages claim.

What are my time deadlines?

If you have a wage/hour claim, do not delay in contacting an attorney to file a private lawsuit. There are strict time limits in which wage claims must be filed. In order to recover under state law in Missouri, you must file a lawsuit within two years from the date that the claim arose. As you might have other legal claims with shorter deadlines, do not wait to file your claim until your time limit is close to expiring.

How can I or my attorney pursue a claim in court in Missouri?

In Missouri, employees can file a private lawsuit to recover unpaid wages plus reasonable attorney's fees and costs.

Division of Labor Standards

3315 West Truman Boulevard, Room 205
Jefferson City, MO 65102-0449
Phone: (573) 751-3403
Fax: (573) 751-3721
Email: LaborStandards@labor.mo.gov

Terry A. Venneberg Weekly Weekly

Topic of the Week

Workplace Bullying

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Blog of the Week

Overcoming Inequality in Unemployment Benefit Access and Utilization

Black workers are not only more likely to be unemployed during the pandemic but much less likely to receive UI. Law, policy, and practice may be the problems, but the solution begins with mobilization.

Thought for the Week

"It really is very damaging. It creates a place where you're just always afraid and you can't be yourself. People are angry and confused and they're concerned about their job all day every day—is today the day I'm going to be fired? That's just no way to live"

–Catherine Mattice Zundel | CEO of Civility Partners

List of the Week

from Workplace Bullying Institute

  • 19% of adults said they’d personally been bullied at work, while another 19% said they’d seen it happen to someone else.
  • Being bullied at work can harm both your mental and your physical health—with potential effects including major stress, anxiety, depression, trauma, high blood pressure, gastrointestinal issues, and more.
  • Workplace bullying goes far beyond a minor disruption or small annoyance. Rather, it creates a psychological power imbalance between the person doing the bullying and their target or targets to a point where that person at the receiving end develops [a] feeling of helplessness.

Top Five News Headlines

  1. The New Normal: When work-from-home means the boss is watching
  2. What Counts as Race Discrimination? A Suit Against JPMorgan Is a Test
  3. Most Americans believe LGBTQ people are legally protected from discrimination. They're not.
  4. Reddit announces permanent work from home, eliminates cost-of-living pay compensation
  5. Stuck-At-Home Moms: The Pandemic's Devastating Toll On Women