Understanding Missouri’s Employment and Labor Laws

In the US, labor and employment laws establish the framework for fair and equitable workplaces. They outline the rights and responsibilities of employers, employees, and labor unions, covering areas such as wages, working conditions, health and safety, and termination.

Since these laws can vary by state, it’s crucial for both employers and employees to know their local requirements. In this article, we’ll cover the key laws in Missouri.

Federal vs. state law differences

Missouri’s employment and labor laws are influenced by both federal and state regulations. While federal laws provide a baseline, Missouri laws can expand upon these to offer greater protections. Understanding the interplay between state and federal laws is crucial for compliance and ensuring employee rights are respected.

Employment vs. labor law: What’s the difference?

Employment laws typically deal with the rights and responsibilities between employers and individual employees, covering issues like contracts, wages, and termination. Labor laws focus on the collective relationship between employers and groups of workers, primarily governing union organization and collective bargaining.

Wages and hours in Missouri

Missouri’s wage and hour laws combine state-specific requirements and federal requirements.

Minimum wage in Missouri

In 2024, the minimum wage in Missouri for private employers is $12.30 per hour. For tipped employees, the minimum wage is $6.15 per hour plus any amount necessary to bring the employee’s total compensation to a minimum of $12.30 per hour. Employers engaged in retail or service businesses with an annual gross income of less than $500,000 are exempt from paying the state minimum wage rate and can pay employees wages of their choosing.

Overtime pay in Missouri

Employers must pay at least one and one-half times the employee’s regular pay rate once overtime pay is in effect. Overtime pay begins once an employee works more than 40 hours in a work week.

Paid benefits in Missouri

In Missouri, employers are not required to provide vacation pay, holiday pay, or severance pay—these are benefits given at an employer’s discretion. The exception would be when an employer has entered into a contract with certain benefits established by agreement.

Pay transparency in Missouri

A proposed bill in 2023 would have required employers to share salary ranges with job applicants upon request or before making a compensation offer, but it did not pass.

Breaks and rest periods in Missouri

Missouri law does not require employers to provide employees with breaks of any kind, including a lunch hour. These provisions are either left up to the employer’s discretion, can be agreed upon by the employer and employee, or may be addressed by company policy or contract.

The only exception to this rule relates to the entertainment industry for youth workers. A youth cannot work more than five and one-half hours without a meal break. Additionally, a 15-minute rest period (which counts as work time) is required after each two hours of continuous work for youth in the entertainment industry.

Terminations of employment in Missouri

Missouri is an at-will employment state, which means that both the employer and employee can terminate the employment relationship at any time and for any reason, as long as there is:

• No employment contract being broken
• No discrimination under civil rights laws (based on race, color, age, national origin, religion, ancestry, sex, or physical/mental disability)

Leaves of absence in Missouri

Missouri adheres to the federal Family and Medical Leave Act, allowing eligible employees up to 12 weeks of unpaid leave of absence for specific family and medical reasons. This law provides essential support for employees during critical times without fear of losing their jobs.

Pregnancy disability leave in Missouri

Details specific to pregnancy disability leave in Missouri align with federal standards under the FMLA, providing protections for pregnant employees.

Employees qualify for FMLA benefits only if:

1. They have been working for their employer for at least 12 months
2. They worked at least 25 hours per week or 1,250 hours in the previous year
3. They work in a location where at least 50 people are employed by the company (in a 75-mile radius)

Paid sick leave in Missouri

Employers are not required to offer paid sick leave or any other type of paid fringe benefit; this is left up to the employer’s discretion or to any contract the employer may have with its employees. Likewise, an employer may provide sick and vacation benefits to one group of employees but not to others as long as the employer does not discriminate based on age, race, sex, religion, national origin, etc.

Jury duty in Missouri

Employers are explicitly prohibited from terminating, disciplining, threatening, or taking any adverse actions against an employee due to their involvement with jury duty. Additionally, employees are not required to use personal, vacation, or sick leave for the time spent on jury duty. This provision ensures that employees do not have to sacrifice their leave benefits while serving as jurors.

Workplace safety in Missouri

Workplace safety in Missouri involves several key components to ensure a safe and healthy environment for workers. Employers are responsible for complying with regulations set by the Occupational Safety and Health Administration (OSHA) and the Mine Safety and Health Administration (MSHA). These regulations are designed to prevent workplace injuries and illnesses due to inadequate training, supervision, or hazardous working conditions.

The Division of Labor Standards in Missouri offers free safety and health consultation services to help employers reduce injuries and illnesses. These services include OSHA-type “mock” inspections, which are conducted without fines or penalties and aim to help employers identify and correct potential hazards. Employers can set the scope of these consultations to focus on specific areas or phases of work or include the entire workplace.

Discrimination and harassment laws in Missouri

The Missouri Human Rights Act (MHRA) is a comprehensive law that prohibits discrimination in housing, employment, and public accommodations based on race, color, religion, national origin, ancestry, sex, disability, age (in employment only), and familial status (in housing only).

This law also prohibits retaliation against individuals who engage in protected activities such as filing a discrimination complaint, testifying, or assisting in an investigation under the Act.

The key provisions of the Missouri Human Rights Act are:

1. Employment discrimination: It is illegal to discriminate in any aspect of employment, including hiring, firing, compensation, job assignments, promotions, layoffs, training, fringe benefits, and other terms and conditions of employment
2. Protected categories: Discrimination is prohibited based on race, color, religion, national origin, ancestry, sex, disability, or age (40 through 69)
3. Harassment: The Act covers harassment based on protected characteristics, including sexual harassment and gender-based harassment—unwelcome sexual advances, requests for sexual favors, and other verbal or physical conduct of a sexual nature constitute sexual harassment when they are used as a basis for employment decisions or when they create a hostile work environment
4. Retaliation: It is unlawful to retaliate against an individual for opposing discriminatory practices, filing a discrimination complaint, or participating in an investigation or hearing
5. Association: The Act protects individuals against discrimination based on their association with a person in a protected category
6. Pre-employment inquiries: The MHRA regulates the types of questions that can be asked during job interviews or on job applications to prevent discrimination
7. Complaint process: Individuals who believe they have been discriminated against can file a complaint with the Missouri Commission on Human Rights (MCHR).

Unions in Missouri

Missouri is a right-to-work state, meaning employees cannot be compelled to join a union or pay union dues as a condition of employment.

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