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 one and one-half the employee’s regular hourly wage for working more than forty hours in one week.
Some employees are exempt from the overtime requirement. Employees engaged in administrative, professional, executive, agricultural, motor carrier, or outsides sales activities are exempt from the overtime requirement
You can read more about federal overtime law at http://www.workplacefairness.org/overtime.
Does Missouri have a minimum wage that is different from federal law?
The current minimum wage in Missouri is $7.50, which is higher than the federal minimum wage of 7.25. Employers can use tips and gratuities to reduce the minimum wage required to $3.75.
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
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?
In Missouri, you must file a private lawsuit to enforce the state’s overtime and minimum wage laws.
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
This material was originally prepared by attorney Joseph Jaramillo and former law clerks Keia Cole and Adam Weiss of the law firm Goldstein, Demchak Baller Borgen and Dardarian, and was updated by Professor Douglas D. Scherer, of Touro College, Jacob D. Fuchsberg Law Center. Professor Scherer also serves as the Vice President of Workplace Fairness.
© 2015 Workplace Fairness