Missouri Minimum Wage Law

This webpage provides information for employers and employees on Missouri′s Minimum Wage Law which went into effect January 1, 2007.

Answers to frequently asked questions about Missouri′s Minimum Wage Law

• The Missouri minimum wage was $6.50 per hour effective January 1, 2007. When do I have to start paying the new Minimum Wage of $6.65 per hour and why did it increase from $6.50?
• Is there any exemption for the small business employer so I will not have to pay the Minimum Wage?
• If I am making $6.65 now, will I get an increase January 1st?
• Where can I get additional information regarding the law changes?
• Will a new Minimum Wage poster be available?
• When will my employer have to pay me the Minimum Wage?
• I make $6.75 per hour now. When the Missouri Minimum Wage goes up to $6.65 and my employer raises other people to $6.65, will I get an increase also?
• Does the Missouri Minimum Wage affect salaried employees?
• Is the fluctuating work week compensation method for paying overtime to salaried non-exempt employees under the Fair Labor Standards Act permissible under Missouri′s Minimum Wage Law?
• I am a covered small business employer. I pay my current employees $5.85 per hour now. What will happen if I decide not to pay the Missouri Minimum Wage?
• What can I do if I believe I am not being paid the minimum wage and/or overtime?
• If it is determined that I was not paid minimum wage and/or overtime, what steps will be taken to collect wages due me?
• As an employer subject to the provisions of Missouri′s Minimum Wage Law, what records am I required to keep and how long should they be kept?
• To whom do I have to provide the records?
• Will my records be made available to the public?
• Can deductions be made from an employee′s paycheck?
• Are there any overtime provisions in Missouri's Minimum Wage Law similar to that which is in Section 7(i) of the Fair Labor Standards Act pertaining to commissioned sales employees?
• Are there any overtime provisions in Missouri's Minimum Wage Law similar to that which is in Section 7(j) of the Fair Labor Standards Act pertaining to nurses?

Q:	The Missouri minimum wage was $6.50 per hour effective January 1, 2007. When do I have to start paying the new Minimum Wage of $6.65 per hour and why did it increase from $6.50?
A:	If your business is subject to the provisions of the law, you need to pay the minimum wage of $6.65 per hour to all employees covered by the law starting January 1, 2008. Section 290.502.2, RSMo requires the Director of the Department of Labor and Industrial Relations to, on September 30, 2007, measure the increase or decrease in the cost of living percentage increase or decrease as of the preceding July over the level as of July of the immediate preceding year. The amount of the minimum wage increase or decrease is rounded to the nearest 5 cents. The minimum wage shall be increased or decreased on January 1, 2008 and on January 1 of successive years based on the increase or decrease in the cost of living. The 2008 increase is based on a 2.2 percentage change in the Consumer Price Index between July 2006 and July 2007. This is calculated using CPI for Urban Wage Earners and Clerical Workers Midwest Region, published by the U.S. Department of Labor, as follows:
CPI for July 2007 194.2 Less CPI for 2006 190.0   Equals index point change 4.2 Divided by previous period CPI 190.0   Equals 0.022 Results multiplied by 100 0.022 x 100   Equals percent change 2.2 $6.50 x 2.2 = 0.143 rounded to the nearest five cents = $.15
Q:	Is there any exemption for the small business employer so I will not have to pay the Minimum Wage?
A:	The only exemption that applies is for a retail or service business whose annual gross sales are less than $500,000.
Q:	If I am making $6.65 now, will I get an increase January 1st?
A:	This is not required by law. On January 1, 2008 an employee subject to the law is required to be paid a minimum of $6.65/hour.
Q:	Where can I get additional information regarding the law changes?
A:	If you cannot find a particular answer on this website, email us your question or call the Division of Labor Standards at 573-751-3403.
Q:	Will a new Minimum Wage poster be available?
A:	A poster is not required by the Minimum Wage Law. All employers subject to any provisions of the law, though, shall post a summary of the law and regulations. The Division of Labor Standards has created a summary to post for the convenience of Missouri employers. A link to the summary is included on this website. You may click this sentence to take you directly to the summary for you to print . You may also print a Bilingual Minimum Wage Summary Poster . Please post the summary in a conspicuous and accessible place at the business.
Q:	When will my employer have to pay me the new Minimum Wage?
A:	All employers subject to the Missouri minimum wage law are required to pay a minimum of $6.65/hour starting January 1, 2008.
Q:	I make $6.75 per hour now. When the Missouri Minimum Wage goes to $6.65 and my employer raises other people to $6.65, will I get an increase also?
A:	That is not required by law.
Q:	Does the Missouri Minimum Wage affect salaried employees?
A:	The Missouri Minimum Wage law could apply if a salaried employee does not fall within any of the exemptions in the law and their salary does not equal $6.65 an hour for all hours worked in a work week.
Q:	Is the fluctuating work week compensation method for paying overtime to salaried non-exempt employees under the Fair Labor Standards Act permissible under Missouri′s Minimum Wage Law?
A:	Missouri′s Minimum Wage Law has no provisions for a fluctuating work week. Therefore, if a business is subject to the provisions of Missouri′s law, employees should be paid one and one-half their regular rate for all hours worked over forty in a work week. The Division will look at each seven day work week separately to determine if any overtime compensation is due.
Q:	I am a covered small business employer. I pay my current employees $5.85 per hour now. What will happen if I decide not to pay the Missouri Minimum Wage?
A:	You will be in violation of the law. If the Missouri Division of Labor Standards receives a complaint or becomes aware of a situation where an employer, who is covered by the law, is not paying the minimum wage, the office will conduct an investigation to assure compliance.
Q:	What can I do if I believe I am not being paid the minimum wage and/or overtime?
A:	If you believe you are not being paid correctly, you can contact the Missouri Division of Labor Standards at 573-751-3403 or minimumwage@dolir.mo.gov to file a complaint.
Q:	If it is determined that I was not paid minimum wage and/or overtime, what steps will be taken to collect wages due me?
A:	The Division of Labor Standards will conduct an investigation to assure compliance with the Minimum Wage Law. If it is determined that wages are due, we will attempt to collect on your behalf. However, Missouri does not have a wage collection law. Therefore, no state agency, including the Division of Labor Standards, has authority to pursue wages due through the courts. In instances where it is determined that wages are due, and we are unable to collect on your behalf, you will be notified of your right to bring any legal action to collect the claim yourself. An employer who pays an employee wages less than what they are due under the Minimum Wage Law shall be liable for the full amount of the wage rate and an additional equal amount as liquidated damages, less any amount actually paid, and for costs and such reasonable attorney fees as may be allowed by the court or jury.
Q:	As an employer subject to the provisions of Missouri′s Minimum Wage Law, what records am I required to keep and how long should they be kept?
A:	You should keep a record of the name, address and job description of each employee, the rate of pay, the amount paid each pay period and the number of hours they worked each day and each work week. These records should be kept on or about the premises for a period of not less than three years.
Q:	To whom do I have to provide the records?
A:	The records shall be open for inspection by the Department Director or his authorized representative. When the records are kept outside the state, they shall be made available upon demand.
Q:	Will my records be made available to the public?
A:	All records and information obtained by the Department of Labor and Industrial Relations, Division of Labor Standards are confidential and shall be disclosed only on order of a court of competent jurisdiction.
Q:	Can deductions be made from an employee′s paycheck?
A:	Yes, but any deduction can not take a covered employee′s wages below the state minimum wage of $6.65 per hour.
Q:	Are there any overtime provisions in Missouri′s Minimum Wage Law similar to that which is in Section 7(i) of the Fair Labor Standards Act pertaining to commissioned sales employees?
A:	The only exception for commission sales persons in Missouri′s Minimum Wage Law is in 290.500.3(k). This exception is limited to employees whose hours and places of employment are not substantially controlled by the employer. Therefore, while some commission sales persons will be exempted under Missouri law, not all will be. Any commission sales person, whose hours and places of employment are not substantially controlled by their employer, would not be subject to the provisions of Missouri law. Any commission sales person whose hours and place of employment are established and controlled by the employer is covered by the law.
Q:	Are there any overtime provisions in Missouri′s Minimum Wage Law similar to that which is in Section 7(j) of the Fair Labor Standards Act pertaining to nurses?
A:	There are no specific references to nurses in Missouri′s Minimum Wage Law. However, Section 290.500(3)(a) exempts bona fide professionals. Registered Nurses (RN′s), based on their advanced knowledge, are considered professionals and would not be subject to the provisions of the law. However, Licensed Practical Nurses (LPN′s) do not qualify for the professional exemption and are subject to the provisions of the law.