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Missouri is home to a unique set of regulations governing its workforce, balancing the rights of employees with the interests of employers.
As part of our 50-state series focusing on labor laws across the US, this guide will walk you through the intricacies of Missouri labor laws, all to help employers and employees stay on the right side of the law.
Meals and Breaks in Missouri
Missouri law does not mandate employers to provide their employees breaks during the workday. This also applies to longer shifts of up to eight hours. That said, some employers choose to offer breaks per their written policies.
Meal Breaks
There is no legal mandate for meal breaks in Missouri. This means meal breaks are solely regulated by individual companies and agreed upon between employers and employees.
Missouri law requires workers to be paid for every hour of work. Therefore, it is common to see employers giving five to 20-minute breaks without impacting the employees’ pay.
Also, while Missouri law may not require lunch and meal breaks, employees have the right to petition and address corporate policy to seek changes to the terms.
Meal Break Duration
While Missouri law doesn’t require employers to provide breaks, it’s common practice to offer various breaks at their discretion, which employees must agree to before taking the job.
Despite the lack of detail around Missouri break and meal laws, there are nonetheless some exceptions revolving around youth in the entertainment industry – any worker under 16 is not allowed to work more than five and a half hours without a proper meal break. Minors under 16 are also entitled to a 15-minute break after every two continuous hours of work.
Leave and Paid Time Off (PTO) in Missouri
Missouri law requires employers to provide employees with state-mandated leaves, such as holiday leave, sick leave, donor leave, etc. Beyond that, employers can implement whichever leave or PTO policies they see fit.
Most employers provide leave and PTO benefits as an attractive perk to recruit and retain employees. However, if employers choose to provide paid or unpaid time off for their employees, they must comply with established workplace policies, all applicable laws, and/or the employee’s employment contract.
These regulations depend on the type of leave or paid time off provided to employees.
Break or Leave Type in Missouri
Missouri Sick Days
Employees who work full time are eligible for a sick leave of up to 10 hours per month. Part-time employees’ sick leave is awarded on a ratio basis, usually determined by the number of hours they’ve worked.
Missouri Vacation Time
No requirements
Missouri Holiday Leave
No requirements
Missouri Family and Medical Leave
The FMLA requires employers to provide employees with at least 12 weeks of unpaid family leave in a year. The leave can be used for various reasons, such as caring for a sick family member or adopting a child.
Missouri Bereavement Leave
No requirements
Missouri Military Leave
Employees in Missouri are entitled to take some time off work to take on military training or duties without losing their jobs.
Missouri Voting Leave
No requirements
Missouri Jury Duty Leave
No requirements
Overtime Regulations in Missouri
According to Missouri law, any worker who exceeds 40 hours a week of work should be paid 1.5 times their regular pay for every extra hour of work.
For instance, since the state’s minimum wage is $12, Missouri’s overtime minimum wage is $12 times 1.5, or $18.
Unlike most states with a daily overtime threshold, Missouri workers can work as long as they want in a single day and get overtime pay.
However, Missouri’s overtime regulations don’t apply to all professions. For instance, recreational business and amusement park workers are only entitled to overtime pay after working more than 52 hours a week.
Overtime Exemptions
Like most states, Missouri has a few exemptions for overtime pay. For instance, specific job categories, including administrative employees, professionals, and executives, are exempt from overtime depending on their salary and job description.
The Fair Labor Standards Act (FLSA) also dictates the following occupations are exempt from overtime pay:
- Computing employees
- Outside sales employees
- Camp workers
- Volunteers at educational, religious, or non-governmental organizations
- Foster parents
- Students who don't pay education or tuition fees
- Nonviolent criminal offenders in detention facilities
- Employees working in a private residence for at least six hours a shift
Wages and Benefits in Missouri
Missouri labor laws guarantee the safety and reasonable compensation of employees. Workers are entitled to equal pay and a minimum wage of $12. Certain businesses are exempt from this requirement, which allows them to pay sub-minimum wages.
For instance, retail and service businesses with gross incomes of less than $500,000 and positions receiving regular tips and gratuities are exempt from the minimum wage requirement. Employers can use gratuities and other non-employer compensation to reduce the minimum wage paid to their employees to $5.575.
Frequency of Pay
Under Missouri law, employees are entitled to fair compensation, which should be paid out at least twice a month. The law also mandates employees provide these wages within 16 days of each payroll period. Any employer violating these laws risks severe penalties.
Mandatory and Optional Benefits
Both federal and Missouri state laws require most businesses to provide certain minimum benefits
Mandatory Benefits in Missouri
Health Insurance
Employers must offer health benefits to full-time employees. Coverage standards must meet stipulations in health insurance law. Employees have the right to accept or decline coverage.
Workers Compensation
If a worker sustains an injury at work, they are entitled to workers’ compensation to safeguard their finances and help them recover.
Overtime Pay
Missouri workers are entitled to overtime pay for any extra hour of work performed longer than 40 hours a week. The minimum duration for overtime may vary according to the worker’s profession.
Optional Benefits
Besides the mandatory benefits mentioned above, employers may also choose to offer other benefits, including:
- Dental insurance
- Paid holidays
- Tuition reimbursement for continuing education
- Paid maternity and paternity leave
- Club memberships for gyms or health spas
- Commuter reimbursements
- Many others
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Prevailing Wages in Missouri
Prevailing wage laws are designed to prevent exploitation of employees on public works projects. Missouri labor laws on prevailing wages establish a minimum wage rate for all public works projects valued over $75,000.
Public works projects can include everything from roads and bridges to government buildings. Essentially, the law applies to any public works project being constructed for or on behalf of local and/or state entities.
According to Missouri law, the wage minimum rate must be stipulated in contract specifications for all public works jobs. Employees have a right to bargain for a higher pay rate, and employers are free to pay a higher rate.
The Division of Labor Standards releases its wage order by July 1st every year. This gives a breakdown of the prevailing wages in each county for the applicable categories for the next year. The DLS calculates this order based on information obtained from contractor wage surveys.
You can learn more about the current prevailing wages in Missouri at the Department of Labor and Industrial Relations website.
Hiring Practices in Missouri
Missouri, like most states, has strict hiring practices employers must follow to prevent discrimination and enhance fairness. The laws dictate everything from how employers make job postings to the interview process and hiring decisions.
These regulations include:
Job Postings
All job postings should be made in accordance with Missouri labor laws and adhere to the federal Equal Employment Opportunity Commission (EEOC) and Fair Credit Reporting Act (FCRA) laws. This means they shouldn’t discriminate based on color, race, religion, sex, age, disability, or origin.
The postings should also accurately reflect the essential functions of the job and any special skills or qualifications required.
Interviews
Interviewers are discouraged from asking questions that pry into an interviewee’s personal life and have nothing to do with the job. They must also provide necessary accommodations for disabled interviewees and ask similar questions across the board to ensure fairness and objectivity.
Hiring Decisions
Hiring decisions should be made solely on merit. Federal law makes it illegal to discriminate against potential employees based on their race, color, origin, gender, gender identity, physical or mental disability, genetic information, and nation of origin.
The law also prohibits discrimination based on the use of lawful tobacco and alcohol products off the premises and outside work hours.
Background Checks
Employers in Missouri can perform background checks on potential candidates, but only in the latter stages of the hiring process. The EEOC provides guidelines on how employers can use criminal records throughout the hiring process.
For instance, employers must review every applicant or employee who may be disqualified based on their criminal record. Employers are also required to provide a background check disclosure in writing to candidates, including a clause stating that the results could impact their employment.
Drug Testing
Missouri law does not mandate or restrict private employers from implementing drug testing policies. However, employers are encouraged to follow federal guidelines and best practices to ensure fairness and legality throughout the process.
For instance, drug testing should be done consistently for all applicants within a particular category. Employers should also notify candidates of their drug testing policies in writing and obtain written consent from the employee before conducting drug testing.
Health and Safety Standards in Missouri
The Occupational Safety and Health Administration (OSHA) oversees the provision of safe working environments by all employers. This also includes providing necessary training and safety equipment appropriate to the work or industry.
Employees can request an OSHA inspection if they believe their employer has committed any health and safety violations. Employers and employees can report unsafe working conditions by contacting OSHA directly to the Kansas City office at 816-483-9531, or to the St. Louis office at 314-425-4249.
The law also protects these whistleblowing employees from harassment or discrimination, making it illegal for employers to retaliate against employees for reporting health and safety issues.
Most Missouri employers also provide worker’s compensation insurance to cover any employee who may sustain injuries while on the job. The compensation is typically paid at a percentage of the employee’s earnings and covers necessary healthcare, including vocational rehabilitation.
Employee Termination and Resignation in Missouri
Missouri is an at-will employment state. This means employees can resign from their positions at any time, for any reason. Similarly, employers can terminate working relationships with any employee for any reason, provided it is not discriminatory. The law also prohibits employers from firing employees for:
- Filing OSHA complaints
- Raising discrimination concerns
- Making wage claims against their employer
Final Paychecks and Severance Pay
Missouri law does not mandate severance pay. However, some employers may choose to offer it as part of their benefits and incentive packages.
Employees are entitled to receive their final payment upon termination of employment, whether voluntary or involuntary. As such, employers must pay the employee’s wages upon request.
If the employer doesn’t pay the employee’s accumulated wages on time, the employee can request their wages via a certified mail receipt. After receiving this request, the employer has seven days to pay the wages. Failure to pay on time may lead to additional wages awarded to the employee or legal action against the employer.
Right to Work
Missouri follows a strict right-to-work doctrine, stipulated by SB 54. According to this law, employers can’t require employees to either be part of or refrain from being part of a labor organization. Beyond this, employers may not require employees to pay fees required of labor organization members as a condition for employment.
Unemployment Benefits in Missouri
Unemployment benefits provide temporary financial assistance to Missouri employees who lose their jobs through no fault of their own. Eligible workers can receive up to 20 weeks of unemployment insurance benefits through the state.
To be eligible for Missouri unemployment benefits, you must:
- Lose your job through no fault of your own or resign for good cause related to the work or employer.
- Have earned at least $2,250 within 12 months of employment in the state. This should come in the form of at least $1,500 during one of the calendar quarters and another $750 during the remainder of the base period. You must have also worked for an insured employer during the base period.
- Your base wages must be at least 1.5 times your highest quarter wages or make at least 1.5 the taxable tax wage base during two of the four base quarters.
Employers should also strive to understand their role in the unemployment benefits process in the state to comply with regulations and contribute to the wellness of the workforce. Various resources where employers can get more information about their role in the unemployment benefits process include:
- The Missouri Department of Labor and Industrial Relations (DOLIR) Website
- Missouri Employer Handbook
- DORIL Online Employer Services
Penalties for Noncompliance in Missouri
Failure to comply with Missouri labor laws can lead to dire consequences, including the risk of penalties and fines. Some of the most common noncompliance issues in the state include:
- Wage and hour violations
- Child labor violations
- Discrimination violations
- Occupational safety and health violations
These violations are typically reported to the relevant governing body during audits and inspections. DORIL is the primary state agency responsible for enforcing these regulations. If any violations are found, DORIL typically assesses the fines and penalties based on the severity of the violation.
Other Essential Information About Labor Laws in Missouri
Right to Collective Bargaining
Article 1, section 29 in the Missouri Bill of Rights states employees have the right to organize and bargain collectively through representatives of their choosing. Employees also have a right to join or leave a labor organization without fear of retaliation from their employer.
Recordkeeping laws
Missouri also has strict recordkeeping laws requiring each employer to maintain the following records of their employees:
- Name
- Address
- Rate of pay
- Occupation
- Hours worked each day and week
- Amount paid each period
- Any goods or services provided to the employee by the employer
Whistleblower Protection Laws
The Whistleblower Protection Act of Missouri prohibits employers from taking any adverse action against a protected person. If a protected person sufferers an undeserved disciplinary action as a result of blowing the whistle, they can file a case and obtain:
- Back pay
- Double the amount of foregoing remedies, and/or
- Reimbursement of medical bills
Missouri whistleblower protection laws apply to all employers with more than six employees, except for:
- The state of Missouri or its agencies
- Higher education institutions
- Religious or sectarian organizations
- Political subdivisions
- State-owned corporations
The Bottom Line on Missouri Labor Laws
Labor laws aren’t just meant to protect employee rights to fair wages and treatment; they also help employers protect their interests. Everything from minimum wage laws to benefits and hiring practices is meant to promote a healthy workforce.
Failure to comply with these regulations may attract steep penalties, including fines and the risk of litigation.
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