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Missouri Overtime Laws

Your employer expects you to follow their rules when doing your job. If you started cooking your favorite recipes or painting walls a color you preferred, you'd probably get in trouble. So it's reasonable for you to expect your boss to follow overtime laws when you get paid. Overtime pay is a right for many employees in Missouri who work more than 40 hours in a workweek. Federal law requires employers to pay an overtime wage of at least 1.5 times an employee's regular rate.

There are exceptions and exemptions to this law that affect who is eligible for overtime and when it applies. This quick review of Missouri overtime laws can help you better understand your rights to compensation at work.

Missouri Overtime Law Summary

The following chart highlights key provisions of Missouri overtime laws.

State and Federal Statutes
  • Missouri Minimum Wage Law (overtime compensation)
  • Fair Labor Standards Act (FLSA) overtime provision
  • Missouri Overtime Rules
    • Overtime pay rate is 1.5 time the employees regular rate
    • Overtime is calculated based on the number of hours worked on a weekly basis (not daily)
    • Salaried employees are eligible for overtime
    • Overtime for tipped employees is at least 1.5 times the federal minimum wage
    • 2 years to make a claim for unpaid overtime
    Filing a Wage Complaint

    Note: State laws are subject to change. It's important to verify the information you read about by conducting your own research or consulting with a Missouri attorney.

    Missouri Overtime Laws

    Employers must follow both Missouri and federal laws that require overtime pay for any "non-exempt" employee. Missouri law is linked to the federal rules listed in the Fair Labor Standards Act (FLSA). Together these laws determine who qualifies for overtime benefits and who does not.

    Under the FLSA, eligible employees must receive overtime pay of at least 1.5 times their regular rate of pay when working more than 40 hours in a workweek. It's important to remember that there is no overtime requirement for working more than eight hours in a day, or on weekends or holidays.

    Missouri Businesses Covered by Federal Overtime Rules

    The FLSA applies to employees of businesses with annual sales of $500,000 or more, business in interstate commerce, as well as all hospitals, businesses providing medical or nursing care for residents, schools and public agencies.

    This may sound complicated, but these rules cover most businesses, large and small, in Missouri. The "interstate commerce" language refers to businesses that accept credit cards, sell products out of state or rely on the mail as a regular part of their business.

    Who is Eligible for Overtime Pay in Missouri?

    Missouri overtime law only applies to employees who are covered by the FLSA. So the state recognizes several classes of workers who are not eligible or "exempt" from federal overtime pay.

    Being paid a salary or having a managerial job title is not enough to exempt you from overtime pay. For an employee to be considered exempt their actual job duties and salary must meet all the requirements set by the U.S. Department of Labor. For example, an exempt administrator must be paid salary of at least $455 per week (2017 standard), plus perform office work directly related to the management or general business operations. Other classes of employees that are often found exempt from federal overtime rules include:

    • Executives and Managers
    • Outside Salespeople
    • Employees employed as "learned professional" (CPA, lawyer, executive chef)
    • In-house Salespeople who receive more than half their pay from commission

    Overtime Rates for Employees Receiving Commissions and Bonuses

    In Missouri, money paid as commissions, bonuses, or other incentive pay based on sales or production, are included in calculating the regular rate for the purposes of overtime compensation. For example, if you receive hourly pay of $10 and a weekly commission of $40, your overtime pay would be based on a rate of $11 an hour. ($40 divided by 40 hours = $1 an hour, hourly rate of $10).

    Overtime Pay for Tipped Employees

    State and Federal laws permit employers to pay tipped employees a lower minimum wage by taking a "tip credit." However, overtime pay is based on the full minimum wage with no deductions generally allowed for tips credits.

    Mandatory Overtime in Missouri

    There are no state or federal laws limiting the number of hours a typical employee can be required to work. Your boss can also require you to work overtime with limited notice. If you refuse, you may be terminated or otherwise penalized by your employer.

    Get a Claim Review of Your Wage Issue

    It can seem like your employer has all the power at work. They can tell you when to work, how long you must stay and what to do. However, your employer does not have the final say about your right to overtime. A Missouri attorney can help enforce your rights to any lost wages as well as any available damages. Receive a claim review by a local attorney to learn how the law applies to your issue.

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