Missouri employment law overview

Missouri has laws that provide greater protections to employees than federal law, including a higher minimum wage and health care continuation coverage obligations for smaller employers, but generally follows federal law with respect to topics such as preemployment background checks and military leave. 

Select Missouri employment requirements are summarized below to help an employer understand the range of employment laws affecting the employer-employee relationship in the state. An employer must comply with federal, state, and local law. Where there is overlap, complying with the law that offers the greatest rights or benefits to the employee will generally apply. 

Equal Employment Opportunity (EEO) and worker protections 

Missouri employers may be required to comply with requirements related to EEO and worker protections.   

Fair employment practices 

The Missouri Human Rights Act (MHRA) applies to private employers with six or more employees and prohibits discrimination based on protected characteristics, such as: 

• Race; 
• Color; 
• Ancestry; 
• National origin; 
• Religion; 
• Disability (physical or mental); 
• Age (40-69 years of age); and 
• Sex (including pregnancy, childbirth and related disabilities). 

Harassment on the basis of these factors is also a form of discrimination prohibited under the MHRA. 

It is also unlawful for a Missouri employer to aid or abet prohibited discrimination, or to retaliate against an employee who opposes unlawful discrimination, files a complaint or assists in an investigation or proceeding under the MHRA. 

Under the MHRA, a Missouri employer has an affirmative duty to make reasonable accommodations to the known limitations of an employee or applicant with a disability. 

Equal pay 

Missouri’s equal pay law prohibits an employer from paying female employees less than male employees in the same establishment for the same quantity and quality of the same classification of work, unless pay is based on seniority, length of service, ability, skill, difference in duties performed or shift or hours work, lifting restrictions or factors other than sex. 

Pay transparency  

Missouri does not have a pay transparency law applicable to private employers. 

Salary history inquiry restrictions 

Missouri does not restrict an employer from inquiring into or relying upon an applicant’s salary history.  

Employee wage disclosure rights 

Missouri does not have a wage disclosure law applicable to private employers. 

Pregnancy accommodation 

Missouri does not have requirements for private employers related to pregnancy accommodation. 

Breastfeeding breaks 

Missouri does not have requirements for private employers related to breastfeeding breaks. 

Access to personnel files 

Missouri law does not require private employers to provide employees with access to their personnel files. 

Whistleblower protections 

The Whistleblower’s Protection Act prohibits employers of a certain size from terminating an employee because they have: 

• Reported an unlawful act by the employer to a governmental or law enforcement agency, an officer of the employer, the employee’s supervisor or an HR representative; 
• Reported to the employer serious misconduct by the employer that violates a clear mandate or public policy; or 
• Refused to carry out a directive issued by the employer that, if completed, would be a violation of the law. 

Scheduling 

Missouri does not have a scheduling law applicable to private employers. 

Recruiting and hiring 

Missouri employers may be required to comply with requirements related to recruiting and hiring.   

Credit checks 

Missouri does not have requirements for private employers related to credit checks. 

Ban the Box and Fair Chance 

Missouri does not have a state ban-the-box or fair chance law applicable to private employers. 

E-Verify  

Any business entity that applies for a contract or grant in excess of $5,000 with the state of Missouri or one of its political subdivisions or applies for a tax credit, tax abatement, or loan from the state must also enroll and participate in a federal work authorization program, such as E-Verify. 

Wage and hour 

Missouri employers may be required to comply with certain wage and hour requirements.   

Minimum wage 

Missouri’s minimum wage is higher than the federal minimum wage. Currently, the state minimum wage is $15.00 per hour, with certain exceptions. 

Overtime 

Missouri law generally requires an employer to pay covered employees overtime at a rate of one and one-half times the regular rate for all hours worked in excess of 40 hours in a workweek. However, employees of seasonal and recreational establishments must be paid overtime for all hours worked in excess of 52 hours in a workweek. 

Meal and rest breaks  

In Missouri, coal miners are entitled to a meal break of at least one hour. In addition, minors working in the entertainment industry must be provided: 

• A 15-minute rest break after every two hours of continuous work; 
• A 30- to 60-minute meal break if working longer than five and one-half hours; and 
• A full 12-hour rest break between the end of the workday and the start of the next workday.

Child labor 

Child labor laws in Missouri restrict the occupations in which minors may be employed and the number of hours and times during which they may work. 

Minors under the age of 16 are prohibited from working in any occupation or place of employment that endangers their health or morals, including, but not limited to: 

• Operation of any power-driven machinery or motor vehicle; 
• Occupations involving exposure to radiation or toxic chemicals; 
• Oiling, cleaning, maintaining or washing machinery; 
• Working on ladders or scaffolding; 
• Stone cutting or polishing, except in the jewelry business; 
• Work in or about a motel, resort, hotel or where sleeping accommodations are furnished except in offices or locations physically separated from the sleeping accommodations; and 
• Work in any establishment in which alcohol is manufactured, bottled, stored or sold for consumption, except in establishments where at least 50 percent of the gross sales consist of goods, merchandise or commodities other than alcoholic beverages. 

Minors under 16 years of age may not work: 

• More than three hours a day on a school day; 
• More than eight hours a day on a nonschool day; 
• More than six days a week; 
• More than 40 hours a week; 
• Before 7:00 a.m.; 
• After 7:00 p.m. from Labor Day until June 1; and 
• After 9:00 p.m. from June 1 until Labor Day. 

Pay and benefits 

Missouri employers may be required to follow certain requirements with respect to employee pay and benefits.   

Wage payment methods 

A Missouri employer generally may pay employees’ wages in cash or by check, draft or other voucher. 

Pay frequency and lag time 

Nonexempt employees must generally be paid at least on a semimonthly basis and no later than 16 days after the close of each payroll period. Exempt employees may be paid on a monthly basis. 

In addition, a Missouri employer must pay employees on or before the 15th day of each month the full amount of all wages earned before the first day of that month. If wages are not paid on time, the employer must also pay interest of six percent on the wages due. 

Pay deductions 

A Missouri employer may make deductions from employees’ wages for the fair market value of meals, lodging and other goods and services as a credit toward the payment of the minimum wage provided that the employee voluntarily received them for his or her personal benefit. 

Deductions for health insurance provided by a cafeteria plan under § 125 of the Internal Revenue Code are also permitted. 

An employer is prohibited from deducting certain items from an employee’s wages, including: 

• Tools and equipment; 
• Uniforms; 
• Maintenance of tools, equipment or uniforms; 
• Breakage or loss of tools, equipment or uniforms; and 
• Employer-provided transportation. 

Pay statements 

At least once a month, a Missouri employer is required to provide employees with a written statement displaying the total amount of wage deductions for that period. 

Wage theft 

Missouri does not have a wage theft law applicable to private employers. 

Health care continuation 

Missouri law requires group health policies issued to employers with two to 19 employees to include health care continuation coverage. The qualifying events and length of coverage under Missouri law are the same as under the federal Consolidated Omnibus Budget Reconciliation Act. 

Temporary disability insurance 

Missouri does not have requirements for private employers related to temporary disability insurance. 

Time off and leaves of absence

Missouri employers may be required to follow certain requirements with respect to time off and leaves of absence.   

Family and medical leave 

Missouri does not have a state family and medical leave law applicable to private employers. 

Paid sick leave 

Missouri does not have a state paid sick leave law applicable to private employers. 

Other time off requirements 

A Missouri employer may be required to comply with laws relating to required time off and leaves of absence, including but not limited to: 

• Voting leave; 
• Jury duty leave; 
• Crime victim leave; 
• Domestic violence leave; 
• Emergency responder leave; 
• Military leave;
• Civil Air Patrol leave; and
• Coast Guard leave.

Health and safety 

Missouri employers may be required to follow certain requirements with respect to employee health and safety.   

Occupational safety and health 

Private sector employers in Mississippi fall under the jurisdiction of federal OSHA for compliance and enforcement and must follow the appropriate Code of Federal Regulations that applies to their industry and work practices.

Drug and alcohol testing 

Under Missouri law, preemployment drug and alcohol testing is generally permitted, but only after a conditional job offer is made and if all applicants for the same job are 

Smoke-free workplace 

Missouri’s Indoor Clean Air Act prohibits smoking in places of employment, but allows an employer to designate a smoking area as long as the area is no more than 30 percent of the entire workplace and there is proper separation of the smoking area through ventilation systems and physical barriers. An employer must post appropriate signage. 

Weapons in the workplace 

Missouri law allows an employer to prohibit employees holding a concealed carry permit from carrying concealed firearms on the employer’s property and in vehicles owned by the employer. 

If the building or the premises are open to the public, the employer must post signs on or about the premises if carrying a concealed firearm is prohibited. 

Safe driving practices 

Missouri law generally prohibits drivers from using electronic communication devices while driving, including physically holding a device; making any communication, including phone calls or texts; entering data; watching videos or recording or broadcasting video.  

Limited exceptions apply for voice-operated or hands-free use in noncommercial vehicles and for devices used solely to monitor driver behavior, as long as the driver’s attention remains on safely operating the vehicle. 

Organizational exit 

Missouri employers may be required to follow certain requirements when employees exit the organization.   

Final pay 

Terminated employees, whether the termination is voluntary or involuntary, must be paid all wages due on the day of termination. Exceptions apply if an employee is paid primarily by commissions or it is necessary or customary to perform an audit to determine the net amount due. 

An employer that fails to make payment within seven days of the due date may be required to pay an additional 60 days of the employee’s wages. 

Mass layoffs 

Missouri does not have its own version of the federal WARN Act. 

AI in employment 

Missouri does not have a law related to AI in employment applicable to private employers.