General information about wages, hours and dismissals and the rights that workers have in the workplace regarding those topics can be found using the links on this portion of the Department of Labor web site.
- Minimum Wage
For detailed information about the minimum wage and minimum wage complaints visit the Minimum Wage website.
- Prevailing Wage
For detailed information about the prevailing wage on public works projects and prevailing wage complaints visit the Prevailing Wage website.
- Reducing/Deducting and Employee's Wages
Reduction
An employer may reduce an employee’s wages, providing the employee is given a 30-day advance written notice of a reduction in wages. This notice requirement does not apply if an employee is asked to work fewer hours or changes to a different position with different duties. Any company or corporation violating this requirement shall pay each affected person $50, which can be recovered through court action.
Deduction
An employer may deduct funds from an employee’s wages for cash register shortages, damage to equipment, or for similar reasons. Deductions can be made from an employee’s wages as long as the deductions do not take the employee’s wages below the required minimum hourly wage rate.
- Owed Wages
Division Responsibilities
The Division of Labor Standards (DLS) investigates all wage complaints received. However, the division does not have the legal authority to require employers to pay employees the wages owed.
Examples of Our Authority
- Even if an employee expected to be paid at a rate higher than the minimum wage rate, DLS can only determine back wages due to the employee based on the difference between the wages actually received and the statutorily required minimum wage rate.
- If the Prevailing Wage Law applies, then DLS can only calculate the wages due based on the difference between the wages actually received and the applicable prevailing wage rate.
- For example, suppose an employee expected to receive $500 for 40 hours of work, but was paid only $250 for that 40 hours of work. When DLS determines the back wages due to the employee, it may only calculate the back wages due based on the difference between the minimum wage rate and the wage rate actually paid. The employee may still have a basis, such as an employment contract requiring payment at the higher wage rate, to pursue a private legal remedy on his/her own with regard to the remaining wages.
Employees' Rights
DLS encourages workers who feel they have not been properly compensated to file a wage complaint. It is the employees’ right to take legal action and seek relief through the courts.
If the amount due in back wages is less than $5,000, workers may file their claim in Small Claims Court, where costs are less and it is easier to proceed without hiring private legal counsel. Individuals attempting to recover amounts above $5,000 should pursue a private right of action in circuit court.
- Work Hours, Travel, and Overtime Pay
Work Hours
There is no minimum or maximum number of hours an employee may be scheduled or asked to work. This is in accordance with the Fair Labor Standards Act. Missouri labor laws also require most employers to pay or compensate their employees for the number of actual hours worked.
Travel Time
Generally, time spent commuting from home to the workplace is not work time. But time spent traveling during normal work hours as part of the job is considered work time and employees are entitled to be paid for this travel time. Such travel time will be taken into account as work time in determining whether employees have been paid the minimum wage.
Overtime Pay
Employers must pay at least one and one-half times the employee’s regular rate of pay once overtime pay is in effect. Overtime pay begins once an employee works more than 40 hours in a work week rather than more than 8 hours in a work day. State and federal law does not allow employees to voluntarily waive their rights to overtime pay and accept straight time instead. Any employer that asks an employee to do so violates the law and employees should file a wage complaint.
- Vacation Pay and Sick Leave
Employers are not required to provide vacation pay, holiday pay, or severance pay — these are benefits given at an employer’s discretion. The exception would be instances where an employer has entered into a contract where certain benefits are established by agreement.
Employers are not required to offer paid sick leave or any other type of paid fringe benefit; this is left up to the employer’s discretion, or to any contract the employer may have with its employees. Likewise, an employer may provide sick and vacation benefits to one group of employees, but not to others, as long as the employer does not discriminate based upon age, race, sex, religion, national origin, etc.
If an employee feels he/she is not offered certain benefits based on discrimination, he/she should file a complaint with the Missouri Commission on Human Rights.
Request Assistance or Ask Questions about Employer's Health or Retirement Plan
- Breaks, Lunches, Personal Time Off
Missouri law does not require employers to provide employees a break of any kind, including a lunch hour. These provisions are either left up to the discretion of the employer, can be agreed upon by the employer and employee, or may be addressed by company policy or contract.
Breaks and Lunch for Youth Workers- under the age of 16
Missouri law does not require employers to provide employees, including youth workers, a break of any kind, including a lunch hour. These provisions are either left up to the discretion of the employer, can be agreed upon by the employer and employee, or may be addressed by company policy or contract.
The entertainment industry, however, DOES require breaks and rest periods for youth workers. A youth cannot work more than five and one-half hours without a meal break. Additionally, a 15-minute rest period (which counts as work time) is required after each two hours of continuous work for youth in the entertainment industry.
- Illness and FMLA
Illness
If an employee missed work due to their own illness, the employee may qualify for job protections under the Family and Medical Leave Act (FMLA), which is a federal law administered by the U.S. Department of Labor. Under state law, no such protections exist.
Federal Law Eligibility
Under federal law, covered employers must grant an eligible employee up to a total of 12 workweeks of unpaid leave during any 12-month period for one or more of the following reasons:
- for the birth and care of the newborn child of the employee;
- for placement with the employee of a son or daughter for adoption or foster care;
- to care for an immediate family member (spouse, child, or parent) with a serious health condition; or
- to take medical leave when the employee is unable to work because of a serious health condition.
For more information on FMLA, visit http://www.dol.gov/whd/fmla/index.htm
- Termination/Final Wages
Missouri follows the Employment-At-Will doctrine. This means that both the employer and employee can terminate the employment relationship at any time and for any reason, as long as there is:
- No employment contract being broken
- No discrimination under civil rights laws (based on race, color, age, national origin, religion, ancestry, sex, or physical/mental disability)
- No merit laws apply, or
- The state’s limited public policy exception does not apply.
Employer Requirements
Employers are required to pay a discharged employee all wages due at the time of dismissal. If not paid at that time, the employee should contact his or her former employer by certified mail return receipt requested, requesting wages that are due. The employer has seven days to respond to the written request. If the employer does not pay the wages due within the seven days, it will be liable for additional wages to the employee until he or she is finally paid for up to sixty days.
Employers must notify the Family Support Division within 10 days of terminating an employee under wage withholdings.
Employee Options
The employee may bring a private legal action to collect the wages due. (Under the law establishing this procedure, the state of Missouri does not have authority to collect wages for the employee.) If the amount due in back wages is less than $5,000, workers may file their claims in small claims court, where costs are less and it is easier to proceed without hiring private legal counsel. Individuals attempting to recover amounts above $5,000 should pursue a private right of action in circuit court.
If you feel you have been discriminated against while on a job or while applying for a job, you have the right to file a complaint with the Missouri Commission on Human Rights.
- Wage and Hour Notices
- General Wage Order No. 68 is final and in effect as of July 1, 2024. View here.
- Annual Wage Order No. 31 is final and in effect and can be viewed here.
- The state minimum wage for 2024 is $12.30/hr. Click here for more information.