Executive exemption
Missouri’s law exempts bona fide executive employees from its minimum wage and overtime requirements; however, Missouri does not define the criteria for an employee to be deemed an executive employee. MO Statute 290.500(3)(a) The standards set forth by the federal Fair Labor Standards Act regarding executive employees may provide reasonable guidance.
Administrative exemption
Missouri’s law exempts bona fide administrative employees from its minimum wage and overtime requirements; however, Missouri does not define the criteria for an employee to be deemed an administrative employee. MO Statute 290.500(3)(a) The standards set forth by the federal Fair Labor Standards Act regarding administrative employees may provide reasonable guidance.
Professional exemption
Missouri’s law exempts bona fide professional employees from its minimum wage and overtime requirements; however, Missouri does not define the criteria for an employee to be deemed a professional employee. MO Statute 290.500(3)(a) The standards set forth by the federal Fair Labor Standards Act regarding professional employees may provide reasonable guidance.
Outside salesman exemption
Missouri’s law does not specifically exempt outside salesman from its minimum wage and overtime requirements. It does exempt employees who derive all or part of their earning from sales commission and whose employer does not substantially control the employees’ work hours or work location. MO Statute 290.500(3)(k)
Computer employee exemption
Missouri’s law does not exempt computer systems analysts, computer programmers, software engineers, or other similarly skilled workers from its minimum wage and overtime requirements.
Other minimum wage and overtime exemptions
Missouri’s also exempts the following employees from its minimum wage and overtime requirements:
- individuals performing work for educational, charitable, religious, or nonprofit organizations where there is, in fact, no employer-employee relationship or where the individuals render the services on a voluntary basis;
- individuals who are standing in loco parentis to foster children in their care;
- individuals working less than four months in any year in a resident or day camp for children or youth;
- individuals working for an educational conference center operated by an educational, charitable or not-for-profit organization;
- individuals working for educational organizations where the individuals are working in lieu of paying the cost of tuition, housing or other educational fees or where earnings are credited toward the payment of the cost of tuition, housing or other educational fee;
- individuals working on or about a private residence on an occasional basis for six hours or less on each occasion;
- handicapped individuals working in a sheltered workshop that is certified by the department of elementary and secondary education;
- individuals working on a casual basis providing baby-sitting services;
- individuals working for an employer subject to the provisions of part A of subtitle IV of title 49, United States Code, 49 U.S.C. §§ 10101 et seq.;
- individuals working on a casual or intermittent basis as a golf caddy, newsboy, or in a similar occupation;
- individuals who derive their earnings in whole or in part from sales commissions and whose employers do not substantially control their work hours or work location;
- individuals working for any government position defined in 29 U.S.C. §§ 203(e)(2)(C)(i)-(ii);
- individuals working for a retail or service business that has less than $500,000 in gross annual gross volume sales made or business done;
- individuals who are offenders, as defined in Missouri Statute 217.010, who are incarcerated in any correctional facility operated by the department of corrections, including offenders who provide labor or services on the grounds of such correctional facility pursuant to section 217.550;
- individuals working in connection with the publication of any weekly, semiweekly, or daily newspaper with a circulation of less than four thousand, the major part of which circulation is within the county where published or counties contiguous thereto;
Overtime only exemptions
Missouri exempts employees from its overtime requirements if they are exempt under the federal Fair Labor Standards Act. MO Statute 290.505(3).
