Even if an employee is expected to be paid at a rate higher than the minimum wage rate, DLS can only determine back wages due to the employee based on the difference between the wages actually received and the statutorily required minimum wage rate of $7.70. The employee may still have a basis (such as an employment contract requiring payment at the higher wage rate) to pursue a private legal remedy on his/her own with regard to the remaining wages.
Suppose an employee expected to receive $500 for 40 hours of work (12.50 per hour), but was paid only $250 for that 40 hours of work ($6.25 per hour). When DLS determines the back wages due to the employee, it may only calculate the back wages due based on the difference between the minimum wage rate (currently $7.70 per hour) and the wage rate actually paid ($6.25 per hour). The employee may still have a basis (such as an employment contract requiring payment at the higher wage rate) to pursue a private legal remedy on his/her own with regard to the remaining wages.
If someone believes they are not being paid correctly, they can contact the Division of Labor Standards at 573-751-3403, or email their concern to [email protected]. To start an investigation, the employee will need to complete the Minimum Wage Complaint Form. Once the complaint is filed, the Division of Labor Standards will conduct an investigation to assure compliance with the Minimum Wage Law.
Please note that the Division of Labor Standards is not authorized by law to pursue an employee's wage claim in Court. Instead, the affected employee is entitled to pursue a private right of action to collect any wages due. An employer who unlawfully pays sub-minimum wages to its employee shall be liable for the full amount of wages due as liquidated damages, less any amount actually paid, and for costs and such reasonable attorney fees as may be allowed by the Court or jury.