Missouri’s Minimum Wage Increased Jan. 1

Most of Missouri’s minimum wage workers should receive an wage increase to $6.65 per hour on January 1.  The only exemption that applies is for a retail or service business whose annual gross sales are less than $500,000.
Some common questions and answers, from the Missouri Dept. of Labor website concerning the minimum wage follow:
Q: If I am making $6.65 now, will I get an increase January 1st?
  A: This is not required by law. On January 1, 2008 an employee subject to the law is required to be paid a minimum of $6.65/hour.
Q: Where can I get additional information regarding the law changes?
A: If you cannot find a particular answer on this website, email us your question or call the Division of Labor Standards at 573-751-3403.
  Q: When will my employer have to pay me the new Minimum Wage?
  A: All employers subject to the Missouri minimum wage law are required to pay a minimum of $6.65/hour starting January 1, 2008.
Q: I make $6.75 per hour now. When the Missouri Minimum Wage goes to $6.65 and my employer raises other people to $6.65, will I get an increase also?
  A: That is not required by law.
Q: Does the Missouri Minimum Wage affect salaried employees?
  A: The Missouri Minimum Wage law could apply if a salaried employee does not fall within any of the exemptions in the law and their salary does not equal $6.65 an hour for all hours worked in a work week.
Q: I am a covered small business employer. I pay my current employees $5.85 per hour now. What will happen if I decide not to pay the Missouri Minimum Wage?
A: You will be in violation of the law. If the Missouri Division of Labor Standards receives a complaint or becomes aware of a situation where an employer, who is covered by the law, is not paying the minimum wage, the office will conduct an investigation to assure compliance.
Q: What can I do if I believe I am not being paid the minimum wage and/or overtime?
A: If you believe you are not being paid correctly, you can contact the Missouri Division of Labor Standards at 573-751-3403 or minimumwage@dolir.mo.gov to file a complaint.
For more informartion about the Missouri’s minumum wage, visit
www.dolir.mo.gov/ls/minimumwage/

 
 A: The Division of Labor Standards will conduct an investigation to assure compliance with the Minimum Wage Law. If it is determined that wages are due, we will attempt to collect on your behalf. However, Missouri does not have a wage collection law. Therefore, no state agency, including the Division of Labor Standards, has authority to pursue wages due through the courts. In instances where it is determined that wages are due, and we are unable to collect on your behalf, you will be notified of your right to bring any legal action to collect the claim yourself. An employer who pays an employee wages less than what they are due under the Minimum Wage Law shall be liable for the full amount of the wage rate and an additional equal amount 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.
 
Q: As an employer subject to the provisions of Missouri’s Minimum Wage Law, what records am I required to keep and how long should they be kept?
 
A: You should keep a record of the name, address and job description of each employee, the rate of pay, the amount paid each pay period and the number of hours they worked each day and each work week. These records should be kept on or about the premises for a period of not less than three years.
 
Q: To whom do I have to provide the records?
 
A: The records shall be open for inspection by the Department Director or his authorized representative. When the records are kept outside the state, they shall be made available upon demand.
 
Q: Will my records be made available to the public?
 
A: All records and information obtained by the Department of Labor and Industrial Relations, Division of Labor Standards are confidential and shall be disclosed only on order of a court of competent jurisdiction.
 
Q: Can deductions be made from an employee’s paycheck?
 
A: Yes, but any deduction can not take a covered employee’s wages below the state minimum wage of $6.65 per hour.
 
Q: Are employees of state and local government covered by the Minimum Wage Law?
 
A: Yes. There are no provisions in the Minimum Wage Law excluding routine government employees. Therefore, employees of a state or local government, who are not excluded from coverage as an executive, administrative or professional employee, are subject to the minimum wage of $6.65 per hour.
 
Q: Are government employees required to be paid overtime at one and one-half times their regular rate for all hours worked over forty in a work week?
 
A: The law requires that employees working longer than forty hours in a work week receive compensation at a rate not less than one and one-half the regular rate of compensation. There is nothing in the law that requires that government employees be paid cash as compensation for the overtime. Government employees always have received compensatory time which is considered payment when the time off is taken or when paid in cash upon separation from employment. Since government employees will receive payment at one and one-half times their salary, use of compensatory time does not violate the provisions of Missouri’s Minimum Wage Law.
 
Q: Are there any overtime provisions in Missouri’s Minimum Wage Law similar to that which is in Section 7(i) of the Fair Labor Standards Act pertaining to commissioned sales employees?
 
A: The only exception for commission sales persons in Missouri’s Minimum Wage Law is in 290.500.3(k). This exception is limited to employees whose hours and places of employment are not substantially controlled by the employer. Therefore, while some commission sales persons will be exempted under Missouri law, not all will be. Any commission sales person, whose hours and places of employment are not substantially controlled by their employer, would not be subject to the provisions of Missouri law. Any commission sales person whose hours and place of employment are established and controlled by the employer is covered by the law.
 
Q: Are there any overtime provisions in Missouri’s Minimum Wage Law similar to that which is in Section 7(j) of the Fair Labor Standards Act pertaining to nurses?
 
A: There are no specific references to nurses in Missouri’s Minimum Wage Law. However, Section 290.500(3)(a) exempts bona fide professionals. Registered Nurses (RN’s), based on their advanced knowledge, are considered professionals and would not be subject to the provisions of the law. However, Licensed Practical Nurses (LPN’s) do not qualify for the professional exemption and are subject to the provisions of the law.
 
Q: Are there any overtime provisions in Missouri’s Minimum Wage Law similar to that which is in Section 7(k) of the Fair Labor Standards Act pertaining to law enforcement and firefighters?
 
A: Employees of state and local government, who are not excluded from coverage as an executive, administrative or professional employee, are subject to the minimum wage of $6.65 per hour. All individuals employed as law enforcement and firefighters must be paid the minimum wage. They may be exempt from the overtime provision of Section 290.505 if they are employed by a public agency that employs less than 5 employees in a law enforcement or firefighting capacity during any work week. Any individual employed by any public agency which employs 5 or more employees in either of these capacities is subject to both the minimum wage (at least $6.65 per hour) and overtime provisions (time and one half the regular rate for all hours worked over 40 in a work week) of Missouri’s law. The Division will look at each seven day work week separately to determine the number of hours, if any, that were worked over forty. The exemption from overtime is limited to individuals engaged in law enforcement and firefighting activities. This does not include dispatchers or other office support staff.
 
A: The records shall be open for inspection by the Department Director or his authorized representative. When the records are kept outside the state, they shall be made available upon demand.
 
Q: Will my records be made available to the public?
 
A: All records and information obtained by the Department of Labor and Industrial Relations, Division of Labor Standards are confidential and shall be disclosed only on order of a court of competent jurisdiction.
 
Q: Can deductions be made from an employee’s paycheck?
 
A: Yes, but any deduction can not take a covered employee’s wages below the state minimum wage of $6.65 per hour.
 
Q: Are employees of state and local government covered by the Minimum Wage Law?
 
A: Yes. There are no provisions in the Minimum Wage Law excluding routine government employees. Therefore, employees of a state or local government, who are not excluded from coverage as an executive, administrative or professional employee, are subject to the minimum wage of $6.65 per hour.
 
Q: Are government employees required to be paid overtime at one and one-half times their regular rate for all hours worked over forty in a work week?
 
A: The law requires that employees working longer than forty hours in a work week receive compensation at a rate not less than one and one-half the regular rate of compensation. There is nothing in the law that requires that government employees be paid cash as compensation for the overtime. Government employees always have received compensatory time which is considered payment when the time off is taken or when paid in cash upon separation from employment. Since government employees will receive payment at one and one-half times their salary, use of compensatory time does not violate the provisions of Missouri’s Minimum Wage Law.