Understanding Missouri labor laws is essential for both employers and employees, especially when it comes to overtime pay, eligibility, and compliance.
Employees across many industries often work beyond their regular schedules. But how does overtime work in Missouri, and when are you entitled to extra pay?
Under Missouri overtime laws 2026, most employees must receive overtime pay when they work more than 40 hours in a workweek. This guide explains overtime in Missouri, including pay rates, exemptions, salaried employee rules, comp time rules for state employees, and employer obligations.
Missouri Overtime Laws Summary
| State overtime law | Overtime applies after 40 hours in a workweek (aligns with federal FLSA rules) |
| Overtime pay rate | 1.5x regular hourly rate |
| Missouri minimum wage | $15.00 per hour |
| Minimum overtime pay | $22.50 per hour |
| Comp time instead of overtime pay | Allowed for certain state employees upon approval |
| Salary threshold for overtime exemption | $684 per week |
This Article Covers
- Missouri Overtime Pay Rate
- Overtime Entitlement in Missouri
- Missouri Overtime Laws Exemptions
- Overtime Pay for Tipped Employees in Missouri
- Missouri Overtime Laws for Salaried Employees
- Missouri Overtime Calculation with Bonuses and Commission
- Refusing to Work Overtime in Missouri
- Overtime and Comp Time for Missouri State Employees
- Penalties for Unpaid Overtime in Missouri
Missouri Overtime Pay Rate
Under Missouri overtime pay laws, employees must be paid 1.5 times their regular hourly rate for all overtime hours.
Overtime in Missouri begins when an employee works more than 40 hours in a workweek. However, certain amusement and recreation workers are entitled to overtime pay after 52 hours of work in a week under Missouri overtime laws.
Since the regular Missouri minimum wage is $15.00 per hour, Missouri’s minimum overtime rate is $22.50 per hour (one and a half times the minimum wage).
Neither state nor federal law allows employees to waive their right to overtime pay in Missouri.
What counts as work time in Missouri?
Under Missouri law, work time includes all hours an employee spends performing job duties. It includes time spent on work-related travel during regular work hours.
Overtime Entitlement in Missouri
Under Missouri labor laws, most employees qualify for overtime pay unless exempt under the federal Fair Labor Standards Act (FLSA).
Hourly workers and non-exempt salaried employees who earn less than $684 per week (equivalent to $35,568 annually) are generally eligible for overtime pay.
Learn about your rights to overtime in Missouri.
Missouri Overtime Laws Exemptions (Who Does Not Get Overtime?)
Understanding Missouri overtime laws exemptions is critical.
Employees may be exempt if they meet the salary level and job duties tests under federal law. Common exempt categories of employees include:
- Executives, administrative, and professional employees who earn a salary of at least $684 per week
- Computer professionals earning at least $27.63/hour
- Highly compensated employees earning $107,432 per year
- Commissioned salespersons under certain conditions
- Seasonal and recreational workers
- Airline employees
- Amusement/recreational employees in national parks/forests/etc.
- Certain retail or service employees
- Certain agricultural workers
Overtime Pay for Tipped Employees in Missouri
Both state and federal regulations allow employers to use a “tip credit” system for tipped employees. Missouri employers can pay tipped employees a lower minimum wage of $7.50 per hour (50% of the minimum wage).
The employee’s total earnings (Cash wage + tips) must equal the state’s minimum wage of $15.00 per hour. If not, the employer must also pay the difference.
When calculating overtime pay, the full minimum wage must be used. Employers cannot factor in tip credits as part of the calculation.
So, the minimum overtime rate for tipped employees is still: 1.5 x $15.00 = $22.50 for each overtime hour worked.
Learn how to calculate overtime pay in Missouri through our step-by-step calculation guide.
Missouri Overtime Laws for Salaried Employees
Many people assume salaried workers don’t get overtime in Missouri, but that’s not always true. Non-exempt salaried employees may qualify for overtime using the Fluctuating Workweek Method (FWW).
If an employee is paid a fixed salary and their work hours fluctuate weekly, they can receive overtime at 0.5x their regular rate of pay.
Explore salaried employee rights in Missouri.
Missouri Overtime Calculation with Bonuses and Commission
When calculating overtime pay in Missouri, additional earnings must be included, such as commissions, bonuses, and incentive pay.
This means that if an employee earns $15/hour and receives a weekly commission/bonus of $40, their overtime rate will be calculated using the following method:
Base pay = $15 × 40 hours = $600
Commission = $40
Total pay for 40 hours: $600 + $40 = $640
Regular rate of pay: $640 / 40 hours = $16/hour
Half‑time overtime rate for commissioned employees: $16 / 2 = $8/hour
So, if the employee worked 55 hours in a week, the overtime hours would be:
55 − 40 = 15 overtime hours
Overtime pay = 15 × $8 = $120
Total weekly earnings = $640 (base + commission) + $120 (overtime) = $760
Refusing to Work Overtime in Missouri
Neither state nor federal laws impose any restrictions on the maximum number of hours an employee can be asked to work in Missouri. So, employers can require employees to work overtime in Missouri.
Refusal to comply with such a request may result in termination or other forms of penalties imposed by your employer.
Overtime and Comp Time for Missouri State Employees
Under Missouri overtime laws, state employees who earn overtime can choose to take compensatory leave instead of cash, if approved by their supervisor.
Comp time is paid at the same rate, 1.5 hours of comp time for each overtime hour worked.
Employees can accrue up to 80 hours of comp time. The state departments must pay employees for any unused overtime hours from the prior year above this limit.
Employees can request cash payment for at least 20 overtime hours in writing, and departments must pay within the next month.
Penalties for Unpaid Overtime in Missouri
Employees who are not properly compensated can file a wage complaint with the Missouri Division of Labor Standards (DLS) to seek relief and recover unpaid wages.
- If the amount due is under $5,000, employees can file claims in Small Claims Court, which is cheaper and easier without needing a lawyer.
- If the amount owed is over $5,000, employees must file a case in Circuit Court.
Employers who owe wages shall be liable to pay back the full amount of wages due, plus twice the amount left unpaid as liquidated damages, along with reasonable attorney fees and other costs.
You may also want to read: Restaurant-Servers Overtime Settlement Case Worth $4M
Important Cautionary Note
This content is provided for informational purposes only. While we make every effort to ensure the accuracy of the information presented, we cannot guarantee that it is free of errors or omissions. Users are advised to independently verify any critical information and should not solely rely on the content provided.
