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creates an express or implied contract. While efforts are made to present only accurate and current
information, laws can and do change and interpretations vary among jurisdictions, so all information is
presented on an “as-is” basis. This site is for informational purposes only.
Meals and Break
Missouri does not have any laws requiring an employer to provide a meal period or breaks
to employees, thus the federal rule applies. The federal rule does not require an employer
to provide either a meal (lunch) period or breaks. However, if an employer chooses to do
so, breaks, usually of the type lasting less than 20 minutes, must be paid. Meal or lunch
periods (usually 30 minutes or more) do not need to be paid, so long as the employee is
free to do as they wish during the meal or lunch period. DOL: Breaks and Meal Periods.
Vacation
In Missouri, employers are not required to provide employees with vacation benefits, either
paid or unpaid. MO Dept. of Labor and Industrial Relations FAQ. If an employer chooses to
provide such benefits, it must comply with the terms of its established policy or
employment contract. See City of Webster Groves v. Institutional and Public Employees
Union, 524 S.W.2d 162 (Mo. App. 1975).
An employer may lawfully establish a policy or enter into a contract denying employees
payment for accrued vacation leave upon separation from employment. See Brackett v.
Easton Boot and Shoe Co., 388 S.W.2d 842 (Mo. Sup. Ct. 1965).
An employer may also lawfully establish a policy or enter into a contract disqualifying
employees from payment of accrued vacation upon separation from employment if they fail
to comply with specific requirements, such as giving two weeks notice or being employed
as of a specific date of the year. See Williams v. Jones, 562 S.W.2d 391 (Mo. App. 1978);
City of Webster Groves v. Institutional and Public Employees Union, 524 S.W.2d 162 (Mo.
App. 1975).
An employer is required to pay accrued vacation to an employee upon separation from
employment if its policy or contract requires it. See Brackett v. Easton Boot and Shoe Co.,
388 S.W.2d 842 (Mo. Sup. Ct. 1965).
An employer is not required to pay accrued vacation leave upon separation from
employment if the employer’s established policy or employment contract is silent on the
matter. See Brackett v. Easton Boot and Shoe Co., 388 S.W.2d 842 (Mo. Sup. Ct. 1965).
An employer may cap the amount of vacation leave an employee may accrue over time. See
Brackett v. Easton Boot and Shoe Co., 388 S.W.2d 842 (Mo. Sup. Ct. 1965).
An employer may implement a “use-it-or-lose-it” policy requiring employees to use their
leave by a set date or lose it. See City of Webster Groves v. Institutional and Public
Employees Union, 524 S.W.2d 162 (Mo. App. 1975).
Severance
Missouri law does not require employers to provide employees with severance pay. MO
Dept. of Labor and Industrial Relations FAQ. If an employer chooses to provide severance,
it must comply with the terms of its established policy or employment contract.
Holidays
Missouri law does not require employers to provide employees with either paid or unpaid
holiday leave. In Missouri, an employer can require an employee to work holidays. An
employer does not have to pay an employee premium pay, such as 1 1/2 times the regular
rate, for working on holidays, unless such time worked qualifies the employee for overtime
under standard overtime laws. If an employer chooses to provide either paid or unpaid
holiday leave, it must comply with the terms of its established policy or employment
contract.
Minimum Wage
Missouri's current minimum wage is $7.25. MO Div. of Labor Standards Minimum Wage
FAQs. Some exceptions apply to Missouri's minimum wage requirements.
An employer must also comply with federal minimum wage laws, which currently sets the
federal minimum wage at $7.25. Some exceptions apply. FLSA: Minimum Wage.
If an employer chooses to pay employees minimum wage, the employer must pay those
employees in accordance with the minimum wage law, either federal or state, that results
in the employees being paid the higher wage.
Overtime
Missouri requires employers to pay employees overtime at a rate of 1 1/2 time their regular
rate when they work more than 40 hours in a workweek, unless otherwise exempt. MO
Rev. Stat. 290.505. See FLSA: Overtime for more information regarding overtime
requirements.
Sick Leave
Missouri law does not require employers to provide employees with sick leave benefits,
either paid or unpaid. MO Dept. of Labor and Industrial Relations FAQ. If an employer
chooses to provide sick leave benefits, it must comply with the terms of its established
policy or employment contract.
An employer in Missouri may be required to provide an employee unpaid sick leave in
accordance with the Family and Medical Leave Act or other federal laws.
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Wage and Hour Laws for Private Sector Employers
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TOPICS COVERED (Scroll down for detailed information):
- Minimum Wage
- Overtime
- Meals and Breaks
- Vacation Leave
- Sick Leave
- Severance Pay
- Holiday Leave
- Jury Duty
Jury Duty
An employer is not required to pay an employee any wages for time spent complying with a
jury summons or serving on a jury.
An employer may not terminate, discipline, threaten or take any adverse action against an
employee on account of that employee's receipt of and/or response to a jury summons or
for serving on a jury.
An employer may not require or request an employee to use annual, vacation, or sick leave
for time spent responding to a summons for jury duty, time spent participating in the jury
selection process, or time spent actually serving on a jury.
Missouri Stat. 494.460