Missouri Labor Law (2024 Guide)

Wage and Hour Laws

Minimum Wage

As of January 1, 2024, Missouri’s minimum wage is $12.30 an hour. The minimum wage is adjusted each year according to the Consumer Price Index. 

Missouri’s minimum wage applies to most employers. The exceptions are retail or service businesses that generate a gross annual income of less than $500,000. These employers can choose what they pay their employees. 

However, the federal Fair Labor Standards Act (FLSA) may apply to these employers, requiring them to pay the federal minimum wage (currently $7.25 an hour). 

A proposal to raise Missouri’s minimum wage is expected to make the November ballot. If passed, the minimum wage would increase to $13.75 an hour in 2025 and $15.00 an hour in 2026. 

Tipped Minimum Wage

The minimum wage for tipped employees is $6.15 an hour. Employers can pay workers $6.15 an hour as long as their wages plus tips equals $12.30 an hour. 

Overtime Laws

In Missouri, overtime is paid at 1.5 times an employee’s regular rate of pay for any hours over 40 in a workweek. 

Missouri’s overtime laws apply to any employee covered by the FLSA’s overtime provisions. Employees exempt from these include:

• Executive, administrative, and professional employees earning at least $844 a week.
• Computer professionals who earn at least $27.63 an hour.
• Farmworkers employed by small farms.

Meal and Rest Breaks

Missouri doesn’t have any laws regarding general meal and rest breaks. 

Where employers provide breaks, the relevant FLSA provisions generally apply. These require employers to pay employees for shorter breaks, i.e., those under 30 minutes. 

Missouri law requires employers in the entertainment industry to give employees under 16 a meal break every 5.5 hours and a 15-minute rest break for every 2 hours of consecutive work. 

Wage reductions

Employers can reduce employee wages by giving them 30 days’ written notice. 

Recordkeeping

Missouri employers must keep specific employee and payroll records for at least 3 years. These include employees’:

• Names and addresses.
• Job descriptions.
• Pay rates.
• Total pay for each pay period.
• Total daily and weekly hours worked.

Employee Scheduling Laws

Missouri doesn’t have any state-wide or local predictive scheduling laws. 

Employee Compensation and Benefits

Reporting Time Pay

Missouri doesn’t have a reporting time law. Employers are required to pay employees only for time actually worked. 

Payday Frequency and Method

As a general rule, employers must pay employees their wages at least twice a month within 16 days of the end of each pay period. 

However, employers can pay administrative, professional, and executive employees and commission-based workers monthly. 

Employees can be paid by cash, check, or direct deposit.

Paystub Requirements

Employers must provide employees with a statement of wage deductions at least once a month. 

Wage Deductions and Garnishments

Employers are allowed to deduct wages as long as employees continue to be paid at least the applicable minimum hourly rate. 

These deductions can include cash register shortages, uniforms, and damages caused by the employee. Employers must provide employees with a statement showing any deductions for each pay period.  

Missouri limits garnishments by judgment creditors to:

• 10% of an employee’s weekly disposable earnings if they’re the head of the family and a Missouri resident.
• 25% of an employee’s weekly disposable earnings in all other cases.
• The amount by which an employee’s weekly disposable earnings exceed 30 times the federal hourly minimum wage (whichever is less).

Federal limits apply to garnishments relating to child support, federal student loans, and federal taxes. 

Missouri employers are prohibited from terminating an employee based on one wage garnishment. 

Final Paycheck Laws

Employers must pay employees their final paycheck on the date of their discharge. If not, employees can request them in writing, and employers have 7 days from the time of this request to make payment. 

If an employer fails to give an employee their final paycheck within 7 days of a request, their wages accrue up to 60 days. 

Workers’ Compensation

All employers in the construction industry and employers with 5 or more employees in other industries must have workers’ compensation insurance. Employers can get insurance via an insurance carrier or apply to the Division of Workers’ Compensation to become self-insured. 

Under the Department of Labor, the Division of Workers’ Compensation oversees Missouri’s workers’ compensation law. With workers’ compensation insurance, employees who suffer a workplace injury or illness may be eligible for benefits for:

• Medical costs.
• Lost wages, including for temporary total disability, permanent partial disability, and permanent total disability.
• Funeral costs.

Injured employees don’t receive compensation for the first 3 days they can’t work; employees only receive compensation for these first 3 days if they can’t work for more than 14 days. 

Employees must notify their employers in writing within 30 days of any workplace illness or injury, providing details such as the date, time, and nature of the injury.  

Employers must then report the illness or injury to their insurer within 5 days of the injury or receiving the employee’s notice, whichever is later. The insurer has 30 days to file a Report of First Injury to the Division of Workers’ Compensation. 

Employees who disagree with an insurer’s decision can seek informal or formal mediation with the Division. Alternatively, they can request a conference before an administrative law judge to attempt to settle the case. 

Employees who dispute the benefits they receive can also file a Claim for Compensation. The case will then proceed through a series of different hearings before an administrative law judge to resolve it. 

Unemployment Insurance

Most Missouri employers must declare employee wages to the Division of Employment Security (DES) and pay unemployment tax. These taxes go to the Unemployment Compensation Fund, which pays for unemployment benefits. 

Employers pay different rates of unemployment tax. For example, tax rates for new employers (in their first 2 to 3 years) currently range between 1% and 2.376%. 

Workers may be eligible for unemployment benefits if:

• They lost their job or had their hours reduced through no fault of their own, or they had good cause to quit.
• They earned at least $2,250 from an employer with unemployment insurance during their base period (the first 4 of the last 5 calendar quarters before the claim).
• Their total base period wages add up to at least 1.5 times their wages in their highest quarter, or they earn at least 1.5 times the taxable wage base in 2 of the 4 base period quarters.

To continue claiming unemployment benefits, workers must be able and available for work. 

Eligible workers may receive benefits up to $320 a week for up to 20 weeks a year. 

Workers can file a claim for unemployment benefits via Missouri’s Online Unemployment System. If their benefit claim is denied, individuals can appeal to the DES within 30 days of the decision’s date. 

Workplace Rights and Protections

Discrimination and Harassment

The Missouri Human Rights Act (MHRA) prohibits employers with 6 or more employees from discriminating against candidates or employees based on:

• Race.
• Color.
• National origin.
• Ancestry.
• Religion.
• Sex.
• Age (40 to 69 years old).
• Disability.

The MHRA also protects employees from harassment based on these characteristics and retaliation for exercising their rights under the MHRA. 

Missouri also has an equal pay law that requires employers to pay female and male employees the same for equal work. 

Employees who believe they have been discriminated against can file a complaint with the Missouri Commission on Human Rights (MCHR) within 180 days of the alleged discrimination. The MCHR facilitates mediation and settlement of complaints and investigates them. 

The complainant can also request a Notice of Right to Sue, which allows them to start a lawsuit against the employer within 90 days. If the parties cannot resolve the matter, it may proceed to an MCHR hearing. Parties can appeal MCHR decisions to circuit court.

The MCHR has a work-sharing agreement with the federal Equal Employment Opportunity Commission (EEOC). As a result, filing a complaint with one organization automatically files it with the other. Complainants have 300 days to file a complaint with the EEOC. However, if they don’t file within 180 days, their complaint cannot be considered under state law. 

Leave Laws

𐄂 Family and Medical Leave	Missouri doesn’t have a state family and medical leave law.  The federal Family and Medical Leave Act applies to private employers with 50 or more employees. Under the federal FMLA, eligible employees are entitled to up to 12 weeks of unpaid leave during 12 months: • For their own serious health condition. • To care for an immediate family member with a serious health condition. • For the birth or adoption of a child. • For reasons relating to a family member’s military service (employees are eligible for up to 26 weeks unpaid FMLA leave if they’re caring for a military family member with a serious illness or injury). To be eligible for federal FMLA, employees must have: • Worked for their employer for at least 12 months. • Worked at least 1,250 hours in the last year. • Work at a location with 50 or more employees within 75 miles.
𐄂 Paid Sick Leave	Private employers in Missouri aren’t required to provide paid sick leave to employees.  However, there’s a proposal for employers to provide employees with 1 hour of paid sick leave for every 30 hours worked. This is expected to make the November ballot and be considered alongside the proposed increase to the minimum wage.
𐄂 Paid Family Leave	There’s no paid family leave law in Missouri.
𐄂 Pregnancy and Parental Leave	Missouri doesn’t have specific laws requiring employers to provide pregnancy or parental leave. Instead, employees may be eligible for unpaid leave under the federal FMLA.  Under the Missouri Human Rights Act, the Commission on Human Rights has issued guidance requiring employers with 6 or more employees to treat pregnancy-related disabilities as temporary disabilities, applying the same health plans and benefits, including leave.
𐄂 Vacation and Personal Leave	Vacation or personal leave isn’t mandatory in Missouri.

Military, Jury Duty, and Other Mandatory Leave

There are several other types of compulsory leave in Missouri:

Military Leave	No state law requires private employers to provide employees with military leave.  However, the federal Uniformed Services Employment and Reemployment Rights Act (USERRA) applies to Missouri employers.
Jury Duty Leave	Employers cannot take adverse employment action against employees who attend jury duty.  Employers also can’t require employees to use other types of leave, including vacation or sick leave, to attend jury duty.  If an employee who works for an employer with 5 or fewer employees is called to jury duty and another employee has already been called to serve at the same time, the court must reschedule the other employee.
Voting Leave	Employers must give employees up to 3 hours of voting leave if the polls aren’t open for 3 consecutive hours outside employees’ work hours. Employers can choose when the employee takes these 3 hours. As long as the employee provides 1 day’s notice, employers can’t deduct an employee’s wages for using voting leave.
Domestic or Sexual Violence Leave	The Victim’s Economic Safety and Security Act requires certain employers to provide unpaid, job-protected leave to employees who are victims of domestic or sexual violence or whose family members are victims of domestic or sexual abuse: • 1 workweek each year (employers with 20 to 49 employees). • 2 workweeks each year (employers with 50 or more employees). Employees must provide at least 48 hours’ notice to access this leave unless it’s impossible. Employers can ask employees for documentation to access this leave.  Employers with at least 20 employees must also make reasonable safety accommodations for employees eligible for this leave, such as work schedule changes or transfer to another location.
Victims of Crime Leave	Employers cannot penalize employees for taking leave to testify, attend, or participate in a criminal proceeding. They cannot require them to use vacation, personal, or sick leave for these reasons.

Child Labor Laws

The minimum age for employment in Missouri is 14. There are some exceptions to this, for example:

• The child works for a parent or guardian.
• The child is at least 12 years old and works as a babysitter, newspaper deliverer, youth sports referee, coach, or does occasional yard or farm work with parental consent.

14- and 15-year-olds require work certificates before they can be employed. These are completed by the child’s parents or guardians, the employer, and a school representative. 

Employers with employees under 16 must keep records of the minor’s name, address, age, daily work times and hours, and work certificate for 2 years. They must also post a list of employees under 16 in the workplace. 

Failure to follow these child labor laws can result in a Class C misdemeanor, punishable by up to 15 days in jail and a $750 fine.  

	14- and 15-year-olds	16- and 17-year-olds
When school is in session	• Between 7am and 7pm, not during school hours. • Up to a maximum of 3 hours on school days. • Up to a maximum of 8 hours a day on non-school days. • No more than 6 days or 40 hours in a week.	No limits under Missouri state law.
When school isn’t in session	• Between 7am and 9pm (between June 1 and Labor Day). • Up to a maximum of 8 hours a day and 6 days/40 hours a week.
Limits on types of work	Minors under 16 are prohibited from working in various industries or situations, including: • Door-to-door sales. • Using power-driven machinery. • Using ladders or scaffolding. • Operating motor vehicles. • Sawmills. For more information, view the complete list of prohibitions.	No restrictions under Missouri state law.

Workplace Safety and Health

The federal Occupational Safety and Health (OSH) Act and regulations cover private employers in Missouri. 

Under the OSH Act, employers have various obligations, including to:

• Maintain a workplace free of serious hazards.
• Provide employees with the necessary tools and equipment to safely do their job.
• Notify employees and visitors of potential hazards using signs, labels, and posters.
• Deliver safety training to employees in a language they understand.
• Post an Occupational Safety and Health Administration (OSHA) poster in the workplace.
• Report any workplace deaths to OSHA within 8 hours and any work-related hospitalizations, amputations, and eye losses within 24 hours.

Employees also have certain rights, such as the right to:

• Make a complaint to OSHA to conduct a workplace inspection.
• Obtain copies of records of workplace injuries and illnesses.
• Assist OSHA inspections.

There are various workplace safety and health resources available to Missouri employers, including:

• Safe at Work: A website that publishes workplace safety and health statistics, sample OSHA programs, and other resources for employers and employees
• Workers’ Safety Program: Workplace health safety assistance for employers through their workers’ compensation insurer, independent certified consultants, and the program. 
• On-Site Safety and Health Consultation Program: Available to small employers (with fewer than 250 employees on-site) in high-hazard industries. It’s a free service that conducts mock OSHA inspections to help workplaces identify and address hazards. 

Labor Union Regulations

Missouri is a right-to-work state. Employees cannot be required to join a union or pay union fees as a condition of employment. 

The National Labor Relations Board hears most labor disputes involving private employers and employees. 

Employment Contracts and Severance

Employment Contract Laws

In the absence of a contract, the presumption of at-will employment applies in Missouri. Either the employer or employee can terminate the employment for any lawful reason or no reason at all.

Unlawful reasons for terminating an employment relationship include:

• It violates an employment contract.
• It amounts to discrimination.
• It breaches public policy.
• It violates Missouri’s Whistleblower Protection Law.

Non-compete agreements* are generally allowed under state law if they meet specific criteria, including:

• They’re reasonably necessary to protect an employer’s trade secrets or customer contacts.
• They aren’t overly restrictive in scope, duration, or geography.
• They don’t exceed 1 year.

Non-solicitation agreements must also be reasonable in scope, duration, and geography.  

*On May 7, 2024, the Federal Trade Commission (FTC) issued a final rule prohibiting non-compete agreements. This rule is set to take effect on September 4, 2024; however, several legal challenges could stop it. It will apply to most employers and employees across the US, with a few exceptions, such as senior executives already having non-compete agreements. 

Severance Pay

Severance pay is at the employer’s discretion in Missouri. Where they offer it, employers should follow the relevant terms of the employment contract or collective bargaining agreement.

Additional Laws That Might Apply to You

Whistleblower Protection Act	Missouri’s Whistleblower Protection Act applies to employers with 6 or more employees. It makes it unlawful for these employers to terminate a worker for: • Reporting unlawful acts by the employer to the authorities. • Reporting serious misconduct to the employer. • Refusing to follow the employer’s order because it breaks the law.
Alcohol and tobacco consumption	Employers cannot discriminate against employees who consume alcohol or tobacco outside of work hours unless this use interferes with the employee’s job performance.
Concealed firearms	Employers can prohibit employees from carrying concealed firearms in the workplace, even if they have a permit to do so.
Mini-COBRA	The federal Consolidated Omnibus Budget Reconciliation Act (COBRA) allows employees to continue their health insurance after a change in circumstances, such as losing their job or having their hours reduced. Federal COBRA applies to employers with 20 or more employees.  Missouri’s mini-COBRA law applies to employers with 2 to 19 employees and offers the continuation of health coverage for eligible workers.
Ban the box laws (St Louis, Columbia, and Kansas)	St Louis employers with 10 or more employees can’t ask about a candidate’s criminal history until they’ve been interviewed and found qualified for the role. Columbia’s Fair Chance Hiring Law bans all employers from inquiring about applicants’ criminal histories until after making a conditional job offer. Kansas employers with 6 or more employees cannot ask about applicants’ criminal histories until they’ve been interviewed and form part of the final selection pool.

COVID-19-Related Laws and Regulations

Currently, no employment laws specifically related to COVID-19 apply to private employers. 

Navigating Legal Issues and Resources

Various resources are available online for employers and employees who want to learn more about Missouri’s labor laws and their rights and responsibilities. 

Visit the Department of Labor’s website for general information about employment laws, including wage and hour laws, workers’ compensation, unemployment insurance, and discrimination. The Department also has a helpful resource guide for employers.  

Employees seeking free employment law advice can visit:

• Missouri Free Legal Answers, an American Bar Association project.
• Missouri Legal Services, which includes links to the 4 legal aid programs in Missouri.

Disclaimer

The information presented on this website about labor laws in Missouri is a summary for informational purposes only and is not intended as legal advice. However, laws and regulations regularly change and may vary depending on individual circumstances. While we have made every effort to ensure the information provided is up-to-date and reliable, we cannot guarantee its completeness,  accuracy, or applicability to your specific situation. Therefore, we strongly recommend that readers seek guidance from their legal department or a qualified attorney to ensure compliance with applicable laws and regulations. Please note that we cannot be held liable for any actions taken or not taken based on the information presented on this website.