Filing a Wage and Hour Claim - Missouri

Under Missouri law, employers must pay employees at a rate of at least one and one-half the employee’s regular hourly wage for working more than forty hours in one week. This is the same rate as federal overtime  laws mandate.

Some employees are exempt from the overtime requirement. Exempt employees include those engaged in administrative, professional, executive, agricultural, motor carrier, or outsides sales activities.

The current minimum wage in Missouri  is $8.60 per hour, which is higher than the federal minimum wage of $7.25 per hour. Employers can use tips and gratuities to reduce the minimum wage required to $4.30 per hour.

Generally, employers can use other costs of employment to decrease the minimum wage required. Employers can credit tips and gratuities towards up to 50% of the minimum wage. Additionally, employers can decrease the minimum wage by compensation received in the form of goods and services such as meals and lodging.

After approval of the director of the Division of Labor Standards and a public hearing, employers can pay the following employees at a rate below the minimum wage:

  • Workers whose earning capacity is impaired by physical or mental deficiencies
  • Learners and apprentices

No city or county in Missouri has a minimum wage higher than Missouri’s minimum wage of $8.60 per hour. In 2017, the state passed a law that prevents cities from implementing minimum wages that are higher than the state’s.

Missouri does not have any meal or rest break requirements.

If you have a wage/hour claim, do not delay in contacting an attorney to file a private lawsuit. There are strict time limits in which wage claims must be filed. In order to recover under state law in Missouri, you must file a lawsuit within two years from the date that the claim arose. As you might have other legal claims with shorter deadlines, do not wait to file your claim until your time limit is close to expiring.

In Missouri, employees can file a private lawsuit to recover unpaid wages plus reasonable attorney’s fees and costs.

3315 West Truman Boulevard, Room 205
Jefferson City, MO 65102-0449
Phone: (573) 751-3403
Fax: (573) 751-3721

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Madeline Messa

Madeline Messa is a 3L at Syracuse University College of Law. She graduated from Penn State with a degree in journalism. With her legal research and writing for Workplace Fairness, she strives to equip people with the information they need to be their own best advocate.