Best Wage & Hour Lawyers in Missouri

About Wage & Hour Law in Missouri, United States

Wage and hour law in Missouri covers rules and regulations that determine how employees are paid, the amount they are paid, and the hours they are allowed to work. These laws aim to protect workers from unfair pay practices and to ensure their rights are respected in the workplace. Both federal and state laws apply, and employers must follow whichever law provides the greater benefit to employees. The Missouri Division of Labor Standards and the U.S. Department of Labor are the key agencies involved in enforcing these laws.

Why You May Need a Lawyer

Legal issues around wage and hour claims can be complex and confusing. Some common situations where individuals may need to seek a lawyer include:

• Not being paid the correct minimum wage
• Failure to receive overtime pay after working more than 40 hours in a week
• Wrongful classification as an exempt employee or independent contractor
• Unlawful paycheck deductions
• Disputes over tipped employee wages
• Retaliation by an employer for complaining or reporting wage violations
• Issues arising during employment termination or layoffs

If you find yourself in any of these situations, a lawyer can help clarify your rights, evaluate your claim, and guide you through the legal process to seek compensation or remedy.

Local Laws Overview

Missouri follows both federal laws such as the Fair Labor Standards Act (FLSA) and its own state-specific statutes. Here are a few key aspects to keep in mind:

• Minimum Wage: As of 2024, Missouri’s minimum wage is higher than the federal rate. Most private sector employees in Missouri are entitled to this higher rate.
• Overtime: Employees must be paid time and one-half their regular rate for hours worked over 40 in a workweek. Not all employees are entitled to overtime, depending on their job duties and classification.
• Tips and Tipped Employees: Employers may pay tipped employees a lower direct wage if tips bring total compensation to at least the minimum wage.
• Rest and Meal Breaks: Missouri law does not require adult employees to be given meal or rest breaks. However, federal law may apply to certain situations.
• Recordkeeping: Employers must keep accurate records of hours worked and wages paid.
• Child Labor: Missouri law regulates the hours and types of work minors can perform.

Frequently Asked Questions

What is Missouri’s minimum wage?

As of 2024, Missouri’s minimum wage is above the federal minimum wage and is subject to annual increases. Most private sector employees in Missouri must be paid the higher state minimum wage.

Are all workers entitled to overtime pay?

Not all employees are entitled to overtime. Exempt employees, such as certain managers or professionals, and independent contractors may not qualify. Most hourly employees do qualify.

How do I know if I am misclassified as an independent contractor?

If your employer controls how, when, and where you work, and you do not have significant control over your business operations, you may be misclassified. A lawyer can help assess your situation.

What should I do if my employer is not paying me the minimum wage?

Document your hours worked and pay received. Contact the Missouri Division of Labor Standards or a wage and hour attorney for guidance on filing a claim.

Do employers have to provide meal or rest breaks?

Missouri law does not require employers to provide breaks to adult employees. Employers must pay for breaks of less than 20 minutes if they are given.

What records should my employer keep about my pay?

Employers must keep accurate records of the hours you work and the wages you are paid, as well as overtime records if applicable.

What if I am paid in cash or off the books?

You are still entitled to minimum wage and overtime protections regardless of payment method. Keep your own records and seek legal advice if you suspect wage violations.

Can my employer make deductions from my paycheck?

Employers must follow both state and federal rules when making deductions. Some deductions, like for uniforms or shortages, may be limited or prohibited if they reduce pay below minimum wage.

Am I entitled to unpaid wages if I resign or am terminated?

In Missouri, employees are entitled to payment for all hours worked, including regular and overtime wages, even if they leave or are terminated.

What should I do if I experience retaliation after reporting a wage issue?

Retaliation is illegal. Document all incidents, report them to the appropriate agency, and seek legal advice to protect your rights.

Additional Resources

• Missouri Division of Labor Standards - The state agency that handles wage and hour issues, including minimum wage, overtime, and child labor.
• U.S. Department of Labor - The federal agency that enforces the Fair Labor Standards Act (FLSA).
• Local legal aid organizations - These groups offer free or low-cost legal services for eligible individuals.
• Missouri Bar Association - Offers lawyer referral services for individuals seeking wage and hour legal assistance.
• Workforce development centers - May offer information and guidance regarding employee rights.

Next Steps

If you believe your wage and hour rights have been violated in Missouri, begin by gathering all documentation related to your employment, including pay stubs, time records, and correspondence with your employer. Consider speaking with your employer or human resources department to try to resolve the issue internally. If your concerns are not addressed, contact the Missouri Division of Labor Standards or seek legal advice from an attorney experienced in wage and hour matters. A qualified lawyer can help assess your claim, explain your options, and, if necessary, represent you in negotiations or court proceedings to help you recover any wages or penalties you are owed.