Wages, Hours & Dismissal Rights

Can an employer pay an individual under 20 years of age less than the applicable minimum wage rate?

Section 290.517, RSMo and 8 CSR 30-4.060(6) both require a hearing addressing the specific exception requested before a training wage lower than the applicable minimum wage rate may be paid for learners or apprentices. Accordingly, until such time that a hearing may be held and a regulation issued allowing for a reduced wage, covered nonexempt employees need to be paid the applicable minimum wage rate.

If an employee is terminated when are his or her final wages due?

Wages are due at the time of termination. If not paid at that time, the employee should contact his or her former employer by certified mail return receipt requested, requesting wages that are due. The employer has seven days to respond to the written request. If the employer does not respond in seven days, because the state of Missouri does not have authority to collect wages for any individual, any moneys due would have to be collected by private legal action. If the amount due in back wages is less than $5,000, workers may file their claim in small claims court, where costs are less.

If an employee quits his job, when are the final wages due to him?

There are no requirements under Missouri law that address when wages are due when an employee quits a job. If wages are not paid by the next regular pay period, then the wages can be collected by legal action. If the amount due in back wages is less than $5,000, workers may file their claim in small claims court, where costs are less and it is easier to proceed without hiring private legal counsel. Individuals attempting to recover amounts above $5,000 should pursue a private right of action in circuit court.

What does an employee need to do to request a "Letter of Dismissal"?

If you worked for a corporation for more than 90 days and it had seven or more employees, you would be entitled, under § 290.140, RSMo, to a Letter of Dismissal setting out the type of work you performed, how long you worked for the corporation, and truly stating the reason you were discharged. In order to obtain the Letter of Dismissal, you must send a written request for it by certified mail to the superintendent, manager, or registered agent of the corporation, with specific reference to § 290.140.

Can an employer require its employees to work more than eight hours a day or more than 40 hours per week?

There are no Missouri laws which restrict the number of hours an employer can require an employee to work. If the employee refuses to work the requested hours, the employer can terminate the employee without violating any laws. Most employers, however, must pay their employees time and one-half for any hours over 40 hours in a workweek. (See Chapter 290.505, RSMo)

Can an employer reduce the wages of its employees?

An employer can reduce an employee′s wages without violating any law. However, an employer subject to the Missouri Minimum Wage Law or the Federal Fair Labor Standards Act (FLSA), may not reduce an employee′s wages below the federal minimum or state minimum wage (whichever is higher). Missouri law does require employers to give their employees written notice of a reduction of wages at least 30 days before the reduction is to take effect.