Compliance Watch:

What are my rights as an hourly employee in Missouri?

As of January 1, 2024, the minimum wage for hourly employees in Missouri is $12.30 per hour with the potential for annual adjustments to account for fluctuations in the cost of living as determined by the Consumer Price Index. This wage rate applies to all employers in the state and reflects the result of a voter-approved initiative in 2018. 

Missouri maintains distinct regulations dictating the minimum wage that employers are obliged to provide their employees, independently of the Federal Minimum Wage. It is essential to note that employees are entitled to the higher of the two minimum wages, whether it be the state or federal rate. These wage regulations are intended to provide some flexibility while still ensuring that workers receive a reasonable minimum wage in the state of Missouri.

In Missouri, overtime pay is defined as one and a half times an employee’s regular hourly wage. Therefore, the overtime minimum wage in Missouri is $18.45 per hour, which is 1.5 times the standard Missouri minimum wage of $12.30 per hour. This means that if an employee’s regular hourly wage exceeds the state’s minimum wage rate, they are still entitled to receive overtime pay at a rate of at least $18.45 per hour for all overtime hours worked.

Additionally, under both Missouri state law and the federal Fair Labor Standards Act (FLSA), overtime compensation must be provided for all hours worked over 40 in a single workweek. This means that when an employee works more than 40 hours in a week, they are entitled to receive overtime pay at the rate of one and a half times their regular hourly wage for each additional hour worked beyond the 40-hour threshold.

It’s important to note that the FLSA automatically qualifies certain types of workers for overtime pay if they meet the relevant criteria. Typically, employees engaged in manual labor, such as construction workers, factory attendants, and cashiers, are among those protected by overtime laws. However, it’s essential to understand that there are specific exemptions to overtime eligibility for certain job categories, and not all workers are covered by these regulations.

First responders, including police, paramedics, and firefighters, are explicitly offered overtime protection under the FLSA and are entitled to overtime pay for hours worked beyond the 40-hour limit in a workweek. Overtime laws, both in Missouri and nationally, are designed to protect hourly wage earners from employer exploitation and ensure fair compensation for their additional work hours.

Many U.S. states have several primary laws governing time off and leave tailored to suit the individual needs of employees. Let us now take a look at the various types of leaves available to hourly employees in the state of Missouri. Here’s an overview:

• Jury duty leave: Employees do not need to be paid for the time they have spent responding to a jury summons but cannot be punished in any way for doing so and are not required to use any available leave in substitute for the jury duty leave.
• Medical and family leave: The provisions stipulated under the federal Family and Medical Leave Act (FMLA) offer employees 12 weeks of unpaid annual leave to attend to matters relating to serious medical conditions of the employee or their immediate family member, the birth or adoption of a child or certain military activities. However, for an employee to be eligible for this leave, they must:
  1. Have worked under the same employer for a minimum of 12 months before using their leave.
  2. Have worked for at least 1,250 hours within those 12 months of employment under the same employer.
  3. Be employed by an employer with a workforce of 50 or more employees within a 75-mile radius.
• Witness leave: Upon written request, Missouri employers must provide their employees with leave of absence to prepare for and attend criminal proceedings. Furthermore, no adverse personnel actions can be taken against an employee for taking such leave and employees cannot be required to use vacation time, personal time, or sick leave for this matter.
• Crime victim leaves: Upon written request, Missouri employers must provide their employees who are crime victims (or their immediate family members) with a leave of absence to prepare for and attend criminal proceedings. Furthermore, no adverse personnel actions can be taken against an employee for taking such leave and employees cannot be required to use vacation time, personal time, or sick leave for this matter.
• Voting leave: In Missouri, employees must be given 3 hours of time off from work to vote if they have given prior notice and if there is a lack of time before or after their shift.
• Emergency response leave: Employees must be granted an unpaid leave to respond to an emergency and carry out their duties as a volunteer firefighter, or a member of Missouri-1 Disaster Medical Assistance Team, Missouri Task Force One, Urban Search and Rescue Team, or FEMA.
• Military leave: Employees who are military members are entitled to take military leave when they are called to serve the military under The federal Uniformed Services Employment and Reemployment Rights Act (USERRA). Furthermore, this Act applies to all employers in the United States.

Under Missouri state law, hourly employees are entitled to various employment benefits throughout their tenure. Below are some of the key entitlements provided to hourly employees in Missouri:

• Overtime Pay: Eligible hourly employees in Missouri are entitled to earn overtime pay when they work more than 40 hours in a single workweek. Overtime compensation is calculated at a rate of one and one-half (1.5) times the employee’s regular hourly wage. It’s important to note that both federal and state laws apply to overtime regulations, and employees cannot waive their right to overtime pay in exchange for straight-time compensation.
• Minimum Wage: Eligible hourly employees in Missouri are entitled to earn the minimum wage of $12.30 for every hour worked according to the state’s minimum wage law.
• Worker’s Compensation Insurance: An employee who has sustained work-related injuries and/or diseases arising out of and in the course of employment is qualified to receive workers’ compensation insurance benefits to cover the medical expenses of aiding these injuries. An employee is only able to receive these benefits if their injury arose in or out of the course of their employment and is a prevailing factor in causing both the resulting medical condition and disability. Furthermore, injuries that have arisen from commuting to and from work and injuries with an unknown cause are not covered.
• Unemployment Insurance: Unemployment insurance benefits offer temporary financial support to individuals who have involuntarily lost their jobs. Intended to help mitigate the effect of wage loss, these benefits help unemployed individuals in their search for new career opportunities or while waiting to be recalled by their employer. Importantly, there is no deduction from an employee’s income to fund this insurance.
• Extended Health Insurance: The Consolidated Omnibus Budget Reconciliation Act (COBRA) at the federal level permits employees to prolong their health insurance coverage after leaving a job. As this federal law applies only to workplaces with 20 or more employees, Missouri has enacted its own version, permitting individuals to maintain health insurance coverage for up to 18 months. Each certification of coverage must include information about the right to extend coverage. Within 30 days of the triggering event, employers are mandated to furnish employees with a notification outlining their rights under COBRA.

Under Missouri state law, employees are given several important protections that govern various aspects of the employment relationship. These protections constitute a wide range of employment practices and ensure fairness, equal treatment, and employee rights. Here are the primary employee protections provided under Missouri state law:

• Anti-Discrimination Laws: Federal law prohibits employers from discriminating against employees based on their membership in protected classes. These classes typically include characteristics such as race, color, national origin, age, religion, disability, sex, and other categories. Employers are legally obligated to treat all employees fairly and without discrimination in matters concerning hiring, promotions, compensation, and termination. In addition, Missouri employers are prohibited from discriminating against employees based on their lawful consumption of alcohol or tobacco products off working premises and outside of working hours as well as their AIDS/HIV status.
• Employee Monitoring Protection: In Missouri, employers are prohibited from listening or recording the wire communications of their employees unless one party to the conversation consents.
• Minimum Wage Protections: Missouri, like most states, has minimum wage laws fixed in place to ensure that employees receive a fair wage for their hard work. Employers must pay employees at least the minimum wage rate set by state law. Additionally, certain local jurisdictions in Missouri may have their own minimum wage requirements.
• Child Labor Protections: The state of Missouri has implemented strict laws that regulate child labor to ensure that the well-being and safety of minors are protected at all costs throughout their tenure. For example, the state has implemented legal restrictions surrounding the employment of a minor with regard to their age, the type of occupation a minor is allowed to work in as well as employment when school is not in session.

Financial compensation given by employers to departing employees, known as severance pay, plays a fundamental role in supporting individuals during their transition and job search following unemployment. The exact amount is typically determined by the employee’s tenure with the company, often amounting to one week’s salary for every year of service. While it is customary for this compensation to be paid as a lump sum, it may also be disbursed in several installments.

It is essential to recognize that severance pay, despite being a valuable employment benefit, is not required by federal or state laws. Instead, its provision depends on the mutual agreement between the employer and the employee. Consequently, if the terms stipulated in the employment contract or a collective bargaining agreement explicitly mandate severance pay, the employer must provide it to prevent potential breach of contract claims.