Employment and labor laws are in place to uphold fairness, equitable compensation, and safety in the workplace for employees. The federal Fair Labor Standards Act (FLSA), for instance, serves as a guiding framework, addressing key aspects like minimum wage and overtime for all employees in the US.
But in addition to federal laws, each state has its own labor and employment laws. State-level laws can vary significantly—as can local regulations on county and city levels.
The State of Missouri distinguishes itself by granting employees enhanced protections beyond federal mandates. This includes a higher minimum wage and additional healthcare coverage obligations for smaller employers. Still, the state generally aligns with federal law on matters like pre-employment background checks and military leave.
For employers, non-compliance with these regulations can result in severe consequences.
If you're looking for an easier way to stay on the right side of the law, Rippling’s Professional Employer Organization service can expertly manage your local tax registration and state-specific compliance, allowing you to grow your business with confidence.
Employment vs. labor law: What’s the difference?
While the terms "employment law" and "labor law" are often used interchangeably, they carry distinct legal implications.
The key differentiator lies in the parties involved. Employment law typically addresses matters concerning the relationship between an employer and an individual. In contrast, labor law becomes relevant when the focus shifts to an employer and a collective group, such as labor unions.
Here's a quick overview of these distinctions:
- Employment law encompasses a wide range of topics, including work hours, overtime laws, wage policies, recruitment practices, protection against retaliation, and combating workplace discrimination.
- Labor law is a subset of employment law that specifically deals with aspects like union membership, union dues, and the negotiation and implementation of collective bargaining agreements.
Wages and hours in Missouri
In Missouri, ensuring fair compensation for employees extends beyond federal regulations, requiring employers to adhere to additional state laws. This ensures employees are duly rewarded for their hard work.
Minimum wage in Missouri
As of 2024, the Missouri minimum wage stands at $12.30 per hour. However, retail or service businesses earning less than $500,000 annually are exempt from the state minimum wage requirement and can set employee wages at their discretion.
Another thing to keep in mind is that employers are subject to both state and federal minimum wage laws governed by the FLSA. Missouri state law may impose fewer restrictions than federal law, but employers covered by the FLSA could find themselves in violation of federal law if they pay less than the federal minimum wage.
Overtime pay in Missouri
Overtime compensation in Missouri is calculated at 1.5 times the regular rate for employees who exceed 40 hours of work in a given workweek, equating to $18.00 per hour in 2024.
In compliance with the FLSA, there are no fixed limitations on the minimum or maximum hours an employee works. Missouri labor regulations mandate employers to compensate their employees based on the actual hours worked and don't impose a specific daily overtime threshold. Here, overtime commences when an employee works more than 40 hours within a single workweek—rather than exceeding eight hours in a single workday.
To make it easy to adhere to overtime pay laws in Missouri (and elsewhere across the US), Rippling’s payroll software automatically applies the correct pay rates when an employee’s hours trigger overtime pay requirements.
Pay transparency in Missouri
In the past, discussing compensation was often avoided unless necessary. However, recent legislation is promoting pay transparency to build trust and equity in the workplace, with many US states adopting such laws.
Missouri proposed a pay transparency bill in 2023 that would have required employers to share salary ranges with job applicants upon request or before making a compensation offer, but the bill didn't pass.
Rippling allows you to set compensation bands during onboarding and flags any adjustments outside these bands. This makes it easier to approve exceptional cases and block unapproved changes, aligning your compensation practices with evolving transparency standards.
Meal breaks and rest periods in Missouri
In the Show-Me State, the provision of breaks, including lunch hours, is a matter of flexibility and agreement rather than statutory obligation. Employers have the discretion to determine break policies, reach agreements with employees, or outline them within company policies or contractual agreements.
Leaves of absence in Missouri
Employees may occasionally require extended leave for personal matters, like medical treatment, family care, health recovery, or jury duty. That's when leave of absence laws come in, protecting job security during such periods.
Neither federal nor state laws in Missouri mandate employers to offer paid or unpaid vacation time to their employees. The absence of such regulations allows companies in Missouri the freedom to establish vacation leave policies that align with their unique needs and preferences.
However, employers with at least 50 employees for 20 weeks during the current or previous year must adhere to the Family and Medical Leave Act (FMLA) regulations.
To be eligible for FMLA leave, employees must fulfill certain criteria:
- Completing a year of service
- Working a minimum of 1,250 hours during the preceding year
- Being employed at a location with a workforce of at least 50 individuals within a 75-mile radius
Qualified reasons for taking FMLA leave include:
- Childbirth and the care of a newborn
- Adoption or the welcoming of a foster child into one's family
- Providing care to an immediate family member (spouse, child, or parent) grappling with a serious health condition
- Being unable to perform one's job due to a serious health condition
For most FMLA scenarios, employees can take up to 12 weeks of leave within 12 months. This entitlement renews annually, provided employees meet the eligibility criteria.
In cases where an employee needs to care for a family member injured during active military service, they can take up to 26 weeks of leave in a single 12-month period. However, this leave is specific to each injury and service member; it doesn't accumulate or carry over unless another family member faces a similar situation.
Pregnancy disability leave in Missouri
Pregnant Missouri employees are safeguarded by both federal and state laws, protecting their right to medical leave and prohibiting discrimination based on pregnancy.
When a pregnant employee needs time off due to their condition or for maternity leave following childbirth, this qualifies for FMLA leave. An eligible employee can take up to 12 weeks of FMLA leave within a year.
Employers must treat pregnant employees who can't work because of their pregnancy in the same way as they would treat employees with other temporary disabilities. This means pregnant employees can’t be fired while on FMLA leave, and when they return to work, they should be able to go back to their previous job or a similar one.
Paid sick leave in Missouri
Employers aren't obliged to provide paid sick leave. They can choose to do so voluntarily or through employment contracts. But they do have to ensure the distribution of such benefits is fair and doesn't discriminate based on factors like age, race, sex, religion, or national origin. Learn more by visiting the Missouri Department of Labor website.
Additionally, employees can use sick leave as part of their 12 weeks of unpaid leave under the federal FMLA regulations.
Automating and customizing your company's leave policies is a breeze with Rippling. In addition to letting you tailor the policies exactly as you envisioned them, the software also provides a clear view of how your employees are using their leave.
Workplace safety in Missouri
In the US, employers must provide a secure working environment. This means making sure that their workplaces follow safety and health rules set by the Occupational Safety and Health Administration (OSHA) and the Mine Safety and Health Administration (MSHA). Broadly, the law entails the provision of safe equipment, protective gear, employee safety education, and building robust safety protocols.
The Missouri Division of Labor Standards extends complimentary safety and health consultation services to support employers in Missouri. These services are valuable resources that help employers reduce workplace injuries and illnesses, ensuring a safe and healthy environment for their workers.
Lastly, in line with the Missouri OSH Act, every employer in Missouri is required to have a written Safety, Health, and Injury & Illness Prevention Plan (IIPP) manual outlining the potential hazards in their workplace and how to address them.
If you're looking for a hassle-free workers' compensation plan in Missouri or anywhere in the US, Rippling PEO offers a pay-as-you-go plan, under which you don't have to make upfront yearly payments. This flexibility allows you to scale your business with peace of mind.
Discrimination and harassment laws in Missouri
Enforced by the Missouri Commission on Human Rights, The Missouri Human Rights Act prohibits engaging in any form of employment discrimination based on an individual's race, color, religion, national origin, ancestry, sex, disability, or age. This prohibition extends across numerous dimensions of employment, including but not limited to:
- Job advertisements and recruitment processes
- Hiring and termination decisions
- Compensation structures
- Provision of fringe benefits
- Employee transfers, promotions, layoffs, or recalls
- Employee assignments and access to company facilities
- Participation in training and apprenticeship programs
- Handling of pay, retirement plans, or disability leave
The same act also acknowledges that discrimination extends beyond the workplace, including actions such as:
- Harassment based on protected characteristics
- Retaliation against those who report discrimination, participate in investigations, or oppose discriminatory practices
- Refusing employment opportunities based on an individual's association with someone of a particular race, religion, national origin, or disability status
Beyond state law, numerous federal statutes are also in place to combat discrimination and harassment.
For example, the Americans with Disabilities Act (ADA) combats disability-based discrimination, while the Age Discrimination in Employment Act (ADEA) safeguards individuals over the age of 40 from age-related discrimination. Title VII further outlines a comprehensive framework for addressing and rectifying employment discrimination.
Workplace harassment is when unwelcome actions, like offensive comments, gestures, slurs, or behaviors, create a hostile and intimidating environment. This kind of behavior violates an individual's right to work in a place free from fear and mistreatment.
Sexual discrimination and harassment, including harassment between individuals of the same sex, are also strictly prohibited. While specific sexual harassment training requirements vary by state, Missouri doesn’t have a legal mandate for such training. Nevertheless, it is highly recommended. Rippling's Learning Management System includes essential sexual harassment training courses to help employees meet state-specific requirements.
As an employer, know that you can be held liable for harassment committed by your employees, even if you're unaware of the behavior.
Unions in Missouri
Labor unions are employee-formed organizations that champion workers' rights. These groups engage in collective bargaining with employers, where both sides work together to determine employment terms and conditions within a company. Common objectives pursued by labor unions include advocating for safer working conditions, reasonable working hours, and fair hourly wage and overtime compensation.
Under the federal National Labor Relations Act (NLRA), employees in the US enjoy the following rights:
- The right to organize or join a union
- The ability to engage in collective bargaining through elected employee representatives
- The freedom to discuss employment terms and conditions with coworkers
- The option to take action for better working conditions by lodging complaints with their employer or government agencies—or seeking help from a union
- The right to strike or picket, depending on the circumstances
- The choice to abstain from joining a union
The NLRA also makes it unlawful for unions and employers to retaliate against employees based on their decisions regarding union membership or support.
At the state level, "right-to-work" laws allow employees to decide whether to join a labor union. Missouri is one of those states; it has "right-to-work" laws in place that prohibit union membership from being a mandatory employment condition.
FAQs about Missouri labor and employment laws
Are independent contractors covered under Missouri employment laws?
Missouri employment laws exclusively pertain to employee-employer relationships, leaving independent contractors in a gray area. Depending on the nature and duration of the working relationship, independent contractors may have grounds to file a lawsuit against their employer.
Does at-will employment exist in Missouri?
Yes. Missouri follows at-will employment regulations. According to these laws, employers have the flexibility to terminate employees at any time, provided there is no employment contract guaranteeing a specific duration of employment for the employee.
What privacy rights do Missouri workers have?
In several states, Missouri included, the right to privacy isn't governed by specific statutes but has been established through court rulings.
Are background checks legal in Missouri?
Yes, background checks are legal in Missouri, but they must adhere to both federal and state regulations regarding privacy, disclosure, and the consideration of criminal history information.
Are whistleblowers protected in Missouri?
Yes, Missouri employers can’t legally terminate a whistleblower's employment for reporting employer abuse.
Is workers’ compensation coverage required in Missouri?
Missouri employers with five or more employees are required to maintain workers' compensation insurance. Employers with fewer employees or those falling within exempt categories have the option to voluntarily opt into the law and obtain workers' compensation insurance benefits coverage.
Those in the construction industry with at least one employee must carry workers’ compensation insurance.
What are the child labor laws in Missouri?
Missouri's child labor laws apply to all minors under 16 years of age, with stricter rules for those under 14. Those under 14 can't work except in the agriculture or entertainment industry—or casual jobs.
For 14- and 15-year-olds, work is allowed but with the following restrictions:
- On school days, they can't work more than three hours.
- On non-school days, the limit is eight hours.
- Weekly, they can't exceed six days or 40 hours.
- Work can't start before 7 AM and generally ends at 7 PM (9 PM from June 1 to Labor Day).
Are there required healthcare benefits in Missouri?
Missouri has a few state-specific mandated health insurance benefits beyond the federal requirements under the Affordable Care Act (ACA). You can learn more here.
Are Missouri employers required to provide bereavement leave?
No, there are no Missouri laws mandating bereavement leave.
What employee protections are available in Missouri if layoffs occur?
Missouri doesn't have its own layoff rules, so it follows the federal WARN Act. This law says that if an employer has 100 or more employees, they must inform the Missouri Office of Workforce Development (OWD) when layoffs are coming. Ideally, they should notify the Missouri WARN Coordinator and the local elected official where the layoffs will happen 60 days before the first layoff.
Disclaimer: Rippling and its affiliates do not provide tax, legal, or accounting advice. This material has been prepared for informational purposes only, and is not intended to provide, and should not be relied on for tax, legal, or accounting advice. You should consult your own tax, legal, and accounting advisors before engaging in any related activities or transactions.
