Within the employment landscape, salaried workers are a distinct group characterized by receiving predetermined compensation at regular intervals, typically weekly or less frequent.
This article aims to navigate through the legal landscape in Missouri that outlines the rights and obligations of salaried employees and their employers. It encompasses aspects like payment mechanisms, rest breaks, and the differentiation between exempt and non-exempt employees.
This article covers:
- Payment of Wages for Salaried Employees in Missouri
- Salaried Employees Eligibility for Overtime for Missouri
- Exceptions to Overtime Exemptions for Missouri Salaried Employees
- Time Tracking of Salaried Employees Hours in Missouri
- Violation of Salaried Employees Wages Payment in Missouri
- Male and Female Salaried Employees in Missouri
- Leave Entitlements for Salaried Employees in Missouri
- Break Entitlements for Salaried Employees in Missouri
- Deductions from Exempt Employees’ Salary in Missouri
- Termination of Employment for Salaried Employees in Missouri
According to state legal requirements, all businesses, regardless of their size, are obligated to provide their employees with wages and salaries twice a month. These payments should be completed within 16 days after each payroll period.
Nevertheless, certain groups of employees, like sales representatives, executives, or administrative professionals, could be eligible to receive monthly salaries or commissions, allowing for exceptions to this rule.
Regulations regarding overtime in Missouri exclusively pertain to employees falling under the jurisdiction of the Fair Labor Standards Act (FLSA). Consequently, the state acknowledges specific categories of workers who do not qualify for federal overtime compensation, known as being “exempt.”
Despite the common misconception that all salaried employees are overtime exempt, mere receipt of a salary or holding a managerial position is insufficient to warrant exemption from overtime pay. This means that salaried employees can still receive overtime pay for hours worked outside what their salary covers. To be deemed exempt, an employee’s job responsibilities and salary must meet all the criteria established by the U.S. Department of Labor.
Nonexempt salaried employees are entitled to an overtime compensation rate that is one and a half times (1.5x) the regular hourly rate of the employee.
Additionally, specific nonexempt salaried employees in Missouri can also be entitled to receive overtime remuneration through the Fluctuating Workweek (FWW) Method. Such employees are those who are under a salary with varying work schedules across weeks. This allows them to obtain an additional payment of half (0.5) of their standard hourly rate for overtime hours, regardless of the variability in their weekly work hours.
Missouri adheres to both federal and state regulations that dictate which occupations and employees are exempt from overtime requirements. The Fair Labor Standards Act (FLSA) outlines specific job categories that are exempt from receiving overtime pay, including:
- Executives, administrative employees, and professionals with advanced knowledge or creative skills who earn a salary of at least $684 per week
- Computer professionals
- Highly compensated employees
- Outside sales staff
- Volunteers for educational, religious, or nonprofit organizations
- Foster parents
- Camp workers
- Students who aren’t charged tuition or educational fees
- Employees working in or around private residences for less than six hours per shift
- Retail or service workers employed by businesses with an annual gross income under $500,000
- Nonviolent criminal offenders in correctional facilities
- Specific agricultural laborers
For more comprehensive information, refer to Missouri’s Overtime Laws.
Salaried employees receive a consistent salary irrespective of their working hours, which spares them from monitoring hours and lets them concentrate on their tasks within reasonable timeframes. Nonetheless, maintaining records and timesheets of hours can prove useful in situations such as unplanned absences, vacations, holidays, and sick days.
Moreover, keeping tabs on payroll cycles and overtime hours compliance (if applicable according to company policies) can carry importance. Although not mandatory, these records provide valuable information for salaried employees regarding tracking time off and compensation.
Explore further insights on time tracking for salaried and hourly employees in the United States.
Missouri legislation mandates employers to ensure overtime and minimum wage payments while granting individuals the right to initiate a private legal action for recovering unpaid wages.
Both the federal Fair Labor Standards Act (FLSA) and Missouri wage and hour laws allow for the addition of liquidated damages to unpaid wage sums and the reimbursement of reasonable legal fees and expenses if an employee successfully prevails in such a case against the employer.
Notably, Missouri law explicitly stipulates that its wage and hour regulations should align with the FLSA and its associated guidelines unless Missouri law dictates otherwise.
The Missouri Equal Pay Act prevents employers from paying women lower wages than men for the same classification of work, involving the same quantity and quality, within the same establishment. This regulation applies to all employers, regardless of their size.
It’s important to note that deviations in pay are permissible if they are genuinely based on factors that include seniority, length of service, ability, skill, job duties, working hours or shifts, restrictions on heavy lifting, and any factor other than gender
Additionally, under the Missouri Human Rights Act, pay discrimination based on sex, race, color, religion, national origin, ancestry, age (between 40 and 70), or disability is prohibited. This act covers private employers with six or more employees as well as all state and local government agencies, without regard to their size.
Regarding leave options for salaried employees in Missouri, there are several provisions to be aware of. In addition to federally mandated holidays, the state offers extra holidays detailed in the provided table. Full-time state employees qualify for fully paid sick leave, while part-time employees receive it on a proportional basis. The Family and Medical Leave Act (FMLA) provides eligible employees with 12 weeks of unpaid leave for various reasons, requiring a minimum of 12 months’ employment and 1,250 hours worked within the previous year.
Donor leave is available for bone marrow and organ donation, granting donors 5 and 30 workdays respectively with their base rates intact. The Victims’ Economic Safety and Security Act (VESSA) mandates up to 2 weeks of unpaid leave for employees, or 1 week for smaller employers, who are victims of domestic or sexual violence or have affected household members. Those certified as disaster service volunteers can take up to 120 paid work hours per year for disaster relief participation.
Jury duty leave isn’t mandated to be paid, but employers cannot force the use of other leave types for jury service. Employees with voting rights are entitled to three hours off to vote in Missouri, and employers must not discriminate or deduct wages for this absence. Additionally, military leave ensures Missouri employees retain pay and benefits during official duties or training, with up to 120 hours of paid military leave annually.
In Missouri, specific regulations regarding employee rest or meal breaks are absent. The arrangement of such breaks is typically a matter of negotiation between the employer and the employee, aiming to enhance work efficiency.
While most employers do incorporate some type of break time, federal regulations dictate that breaks lasting from 5 to 20 minutes must be compensated as work hours. However, breaks exceeding 20 minutes are not considered working hours and are thus not subject to payment. It’s important to highlight that employees who continue working during their designated meal breaks, like telephone operators, should be remunerated for that time.
Missouri lacks specific laws governing paycheck deductions and written consent requirements. Consequently, employers likely have the authority to deduct wages for cash shortages, property damage, returned checks, uniforms, and essential tools. Deductions can also cover tools, equipment, uniform maintenance, and transportation expenses, provided wages don’t dip below minimum thresholds.
On the other hand, when it comes to the reduction of an employee’s wage, employers must provide employees with a written notification of their intention to reduce wages 30 days before such action. This notice can be communicated via a written letter or prominently posted.
In Missouri, the principle of at-will employment is upheld, granting employers the authority to terminate employees without cause. Likewise, employees have the freedom to resign without penalties. However, this law prohibits discrimination based on factors like race, age, or gender, as well as retaliation. Any perceived discrimination can be reported to the Missouri Commission on Human Rights.
Furthermore, when an employment contract is concluded, the employer is obligated to promptly settle all owed wages. Should a dismissed employee face delayed payment, they can request remuneration through certified mail. Failure to comply by the employer could lead to additional compensation for the employee, potentially culminating in legal action.
Learn more about Missouri Labor Laws through our detailed guide.
Important Cautionary Note
When making this guide we have tried to make it accurate but we do not give any guarantee that the information provided is correct or up-to-date. We therefore strongly advise you seek advice from qualified professionals before acting on any information provided in this guide. We do not accept any liability for any damages or risks incurred for use of this guide.