A comprehensive guide to Missouri labor laws: Covering key topics including minimum wage regulations, overtime provisions, mandated breaks, hiring and termination procedures and other miscellaneous employment laws.
Key Takeaways of Missouri Labor Laws
- Missouri’s minimum wage is $12.30 per hour, which is higher than the federal rate of $7.25.
- Missouri employers are not required to provide their employees with any rest or meal breaks.
- Nonexempt employees are entitled to 1.5 times their regular rate of pay for overtime at a minimum of $18.45 per hour for hours worked after the first 40 in 1 workweek.
- Missouri observes an at-will doctrine where both employers and employees in Missouri can terminate their employment relationship without cause.
- Missouri is not a right-to-work state.
Minimum Wage Regulations in Missouri
The minimum wage in Missouri is $12.30 per hour, which is $5.05 higher than the federal minimum wage.
[Source: FRED]
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Regular Employees
Regular employees are entitled to the current state minimum wage rate of $12.30 per hour in Missouri. This is set to increase or decrease with inflation or the consumer price index.
However, employees working for employers in the retail or service industry with an annual gross income of less than $500,000 can be paid a rate different from the state minimum wage.
[Source: FRED]
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Tipped Employees
Employees who receive tips in Missouri are entitled to be paid half of the state minimum wage, or $6.15 per hour.
However, if an employee’s earnings with tips do not meet the state minimum wage ($12.30 per hour), the employer should pay the difference.
To navigate wages more easily and get a full picture of your earnings, check out our Paycheck Calculator, which takes into account state taxes and other deductions.
Paycheck Calculator
Disclaimer: Please note that this paycheck calculator is designed to provide an estimate and should not be considered as professional tax advice. The actual withholding amounts and taxes owed may vary depending on individual circumstances and other factors. For accurate and personalized tax advice, we recommend consulting with a tax professional.
If your gross pay is $70,000.00 per year in the state of Missouri, your net pay (or take home pay) will be $53,126.17 after tax deductions of 24.11% (or $16,873.83). Deductions include a total of [1] 11.67% (or $8,168.10) for the federal income tax, [2] 4.79% (or $3,350.73) for the state income tax, [3] 6.20% (or $4,340.00) for the social security tax and [4] 1.45% (or $1,015.00) for Medicare.
The Federal Income Tax is collected by the government and is consistent across all U.S. regions. In contrast, the State Income Tax is levied by the state of residence and work, leading to substantial variations. The Social Security Tax is used to fund Social Security, which benefits retirees, persons with disabilities and survivors of deceased workers. Medicare involves a federal payroll tax designated for the Medicare insurance program. As of 2022, Alaska, Florida, Nevada, New Hampshire, South Dakota, Tennessee, Texas, Washington and Wyoming do not levy a state income tax.
Overtime Rules and Regulations in Missouri
Missouri follows federal regulations under the Fair Labor Standards Act (FLSA), wherein employees are entitled to time and a half, or 1.5 times their regular pay when their work hours exceed 40 in 1 workweek.
Nonexempt Employees
Missouri law does not have any state-specific laws for classifying nonexempt employees. Instead, the state follows FLSA regulations. Nonexempt employees in Missouri should be paid a minimum of $18.45 per hour or 1.5 times their regular rate of pay for hours worked over the first 40 in 1 workweek.
Nonexempt employees typically fall into technical, clerical, skilled crafts or service work.
To calculate your overtime pay, check out our time and a half pay calculator.
Exempt Employees
Exempt employees are paid on a salary basis and are not entitled to overtime pay. These employees typically have executive, managerial, administrative or other professional roles.
They are also commonly not required to keep a record of their hours per workweek but are still required to apply for leaves or report time away from work.
Stay up to date with the latest salary trends for hospitality roles
At-Will Employment in Missouri
Missouri is an at-will employment state, which means that, unless there is a specific contract in place, employers or employees can terminate their working relationship at any time with or without cause, except for reasons prohibited by law, such as discrimination or a violation of public policy.
[Source: Missouri Department of Labor]
No Right-To-Work Laws in Missouri
Missouri is not a right-to-work state, which means that employers cannot require employees to join or leave a labor union or pay labor organization charges as a condition of employment.
[Source: The Bureau of Labor Statistics]
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In 2022, about 9.6% of all wage and salary workers in Missouri are union members, which is an increase from 9% in 2021.
Rest and Meal Breaks in Missouri
Rest or meal breaks are up to the discretion of employers in Missouri, as there are no state laws requiring breaks of any kind.
Following federal law, any break that lasts between 5 and 20 minutes is part of the employee’s workday, and employees must thereby be paid for this time.
Family and Medical Leave Laws in Missouri
Employees in Missouri are solely protected by the Family and Medical Leave Act (FMLA), which provides them time off for family and medical purposes.
Family and Medical Leave Act
Employees in Missouri are entitled to time off under the federal FMLA for different reasons.
| Duration | Purpose |
|---|---|
| Up to 12 weeks of unpaid leave in a 12-month period | For individuals with serious health conditions (either their own or their family members) |
| Up to 12 weeks of unpaid qualifying exigency leave | For families of active-duty military members |
| Up to 26 weeks of unpaid Military Caregiver Leave | For those caring for a qualified military member or veteran |
| Up to 12 weeks of unpaid parental leave | For the birth of a child |
To be eligible for FMLA leave, you must meet the following conditions:
- Worked for the company for at least 12 months (1 year)
- Worked for at least 1,250 hours in the previous year
- Work at a site where there are a minimum of 50 employees within a 75-mile vicinity
Employers should comply with FLMA if they have a minimum of 50 employees for at least 20 weeks.
Other Leave Laws
Here is an overview of other types of leaves under Missouri labor laws:
- Jury duty: Employers are not allowed to penalize employees who receive a jury summons or force them to use their leave. If an employee is discharged due to jury duty, they can file a lawsuit within 90 days to seek compensation, reinstatement and attorney’s fees. Employers are not required to provide paid time off.
- Voting: Missouri labor laws grant employees a three-hour window to vote, provided they give prior notice.
- Donor: State employees are entitled to up to 5 days of paid leave as a bone marrow donor and up to 30 days as an organ donor.
- Bereavement: Missouri laws do not require employers to grant time off for bereavement.
Workplace Safety and Health Regulations in Missouri
Missouri follows federal Occupational Safety and Health Administration (OSHA) regulations in ensuring employee and workplace safety and does not have its own state-specific occupational health and safety regulatory program.
[Source: U.S. Bureau of Labor Statistics]
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Although the number of fatal occupational injuries in Missouri, which is 147 in 2021, is lower compared to other states in the U.S., it is still 44% higher than the average in the U.S. at 102 fatal work injuries.
[Source: U.S. Bureau of Labor Statistics]
This graph is interactive. Hover your mouse over different parts of the graph to see detailed data.
Missouri also has the Construction Safety Training Act, which requires training for on-site construction workers, those at nearby facilities, transport personnel and drivers aiding in loading/unloading materials or equipment.
Child Labor Laws in Missouri
Minor employees must be paid the state minimum wage of $12 per hour. Work permits are required for employees under 16.
Moreover, minors cannot work for more than three hours per day on a school day, and eight hours on a non-school day.
They also cannot work for more than 6 days or 40 hours in any week.
Minor employees cannot also work in many occupations, including those involving sales, heavy machinery, manufacturing, alcoholic beverage establishments, hazardous materials, woodworking and so on.
Antidiscrimination Laws in Missouri
As per the Missouri Human Rights Act, employers are prohibited from discriminating against any employee or potential employee based on age, ancestry, color, disability, national origin, race, religion and sex.
Any discrimination-related complaints must be filed with the Missouri Commission on Human Rights within 180 days.
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Independent Contractor Classification in Missouri
Employers in Missouri should properly classify whether a worker is an employee or an independent contractor so they can properly adhere to local tax and wage laws.
An employee is defined as an individual who works for an employer and is subject to their control and direction in performing their work. Employees often receive benefits such as workers’ compensation, minimum wage protection and eligibility for overtime pay following state regulations.
On the other hand, independent contractors are individuals who are “self-employed” or operate their own businesses or provide services to clients. They have a higher degree of independence and control over their work and are not typically eligible for employment benefits.
Official Holidays in Missouri
Employers in Missouri are not required to provide holiday pay to employees working on those days. Any premium wages for these holidays are at the employer’s discretion.
| Date | Holiday |
|---|---|
| January 1 | New Year’s Day |
| Third Monday in January | Martin Luther King, Jr.’s Birthday |
| February 12 | Lincoln’s Birthday |
| Third Monday in February | Washington’s Birthday |
| May 8 | Truman Day |
| Last Monday in May | Memorial Day |
| June 19 | Juneteenth |
| July 4 | Independence Day |
| First Monday in September | Labor Day |
| Second Monday in October | Columbus Day |
| November 11 | Veterans Day |
| Fourth Thursday in November | Thanksgiving Day |
| December 25 | Christmas Day |
[Source: Missouri Office of Administration]
Termination and Final Paychecks in Missouri
Employers in Missouri must pay all final wages following termination to their employees on the day of dismissal.
If all wages due are not given to the employee at the time of their dismissal, the employee should request in writing that all wages be paid. Employers have seven days to respond and pay all wages due.
Should payment not be made, the employee’s final wages will accrue until the employee is paid—for not more than 60 days.
All wages due generally do not include unused vacation pay or leave credits, unless outlined in the employer’s company policy.
Miscellaneous Missouri Labor Laws
Here are other Missouri labor laws in employment and labor relations.
Wage Payment
Employers should pay wages to employees at least on a semimonthly basis within 16 days of each regular payday. Pay statements or pay stubs should be provided to employees at least on a monthly basis. Noncompliance can result in penalties for employers.
Employers must keep payroll records for at least three calendar years.
Unemployment Insurance
Missouri has a state unemployment insurance system for which most employers are required to contribute. This is to provide unemployment insurance benefits for those who lost their job through no fault of their own, because of a natural disaster or other reasons.
Immigration Verification
State laws require employers to ensure that no unauthorized aliens are employed in Missouri. In addition, all public employers and any business entity with a contract or grant over $5,000 with the state are required to use E-Verify.
Drug Testing
Missouri does not have specific regulations governing drug and alcohol testing during employment. However, contractors and subcontracts working with public and charter elementary and secondary schools are required to undergo random drug and alcohol testing programs.
Smoking Laws
Missouri law prohibits employers from discriminating against individuals for legal off-premises use of tobacco or alcohol products, except when such use interferes with their job responsibilities or the employer’s operations.
Employers are also permitted to offer reduced health insurance benefits premiums to employees who do not use tobacco products, with some exceptions for certain organizations (religious, nonprofit, etc.).
Gun Laws
Missouri allows employers to set company policies related to guns in the workplace. A recent decision by the Supreme Court rejected an act aimed at curbing the authority of state and local law enforcement to enforce federal gun laws following the state’s high gun death rates.
Frequently Asked Questions About Missouri Labor Laws
Keep yourself updated on Missouri labor laws by checking out answers to some commonly asked questions by Missouri locals.
What is the legal working age in Missouri?
The legal working age in Missouri is 14 years old. Youth under 14 years old are only allowed to work casual jobs or in the agriculture or entertainment industry.
[Source: Missouri Department of Labor]
What is the minimum wage in Missouri?
The minimum wage in Missouri is $12.30 per hour. This is set to change depending on the inflation rate or consumer price index.
Can you be fired without cause in Missouri?
In general, yes. As long as the termination does not violate any legal statutes, employers in Missouri can fire employees for any reason and at any time. Employees also have the right to resign for any reason and at any time.
Is it illegal to work for eight hours without any breaks in Missouri?
In short, no. Missouri does not mandate employers to provide breaks even through an entire eight-hour shift. However, some employers do provide breaks for employees, so employees should ask about this during the hiring process.
Do Missouri-based employers provide holiday pay?
Employers in Missouri are not required to provide holiday pay, and getting higher daily earnings for holidays is up to employers’ discretion.
How much is overtime pay in Missouri?
Overtime pay in the state is set to time and a half or 1.5 times your regular rate of pay. This means that employers are required to pay eligible employees a minimum overtime pay rate of $18.45 ($12.30×1.5) per hour.
Disclaimer: This information serves as a concise summary and educational reference for Missouri labor laws. It does not constitute legal advice. For personalized legal guidance, it is recommended to consult with an attorney.
Labor Laws By State
- Alabama Labor Law Guide
- Alaska Labor Law Guide
- Arizona Labor Law Guide
- Arkansas Labor Law Guide
- California Labor Law Guide
- Colorado Labor Law Guide
- Connecticut Labor Law Guide
- Delaware Labor Law Guide
- District of Columbia Labor Law Guide
- Florida Labor Law Guide
- Georgia Labor Law Guide
- Hawaii Labor Law Guide
- Idaho Labor Law Guide
- Illinois Labor Law Guide
- Indiana Labor Law Guide
- Iowa Labor Law Guide
- Kansas Labor Law Guide
- Kentucky Labor Law Guide
- Louisiana Labor Law Guide
- Maine Labor Law Guide
- Maryland Labor Law Guide
- Massachusetts Labor Law Guide
- Michigan Labor Law Guide
- Minnesota Labor Law Guide
- Mississippi Labor Law Guide
- Missouri Labor Law Guide
- Montana Labor Law Guide
- Nebraska Labor Law Guide
- Nevada Labor Law Guide
- New Hampshire Labor Law Guide
- New Jersey Labor Law Guide
- New Mexico Labor Law Guide
- New York Labor Law Guide
- North Carolina Labor Law Guide
- North Dakota Labor Law Guide
- Ohio Labor Law Guide
- Oklahoma Labor Law Guide
- Oregon Labor Law Guide
- Pennsylvania Labor Law Guide
- Rhode Island Labor Law Guide
- South Carolina Labor Law Guide
- South Dakota Labor Law Guide
- Tennessee Labor Law Guide
- Texas Labor Law Guide
- Utah Labor Law Guide
- Vermont Labor Law Guide
- Virginia Labor Law Guide
- Washington Labor Law Guide
- West Virginia Labor Law Guide
- Wisconsin Labor Law Guide
- Wyoming Labor Law Guide