Missouri Employment Law 2026

2.1 Wage and Hour Rights

Missouri law establishes minimum wage requirements and incorporates federal overtime standards. Understanding these rights is essential for both employees and employers.

2.1.1 Minimum Wage (2026)

Current Missouri Minimum Wage:

Effective January 1, 2026, Missouri’s minimum wage is $15.00 per hour.

According to Missouri Revised Statutes Section 290.502(3):

“Except as may be otherwise provided pursuant to sections 290.500 to 290.530, and notwithstanding subsection 1 of this section, effective January 1, 2025, every employer shall pay to each employee wages at the rate of not less than $13.75 per hour, or wages at the same rate or rates set under the provisions of federal law as the federal minimum wage applicable to those covered jobs in interstate commerce, whichever rate per hour is higher. Thereafter, the minimum wage established by this subsection shall be increased by $1.25 per hour, to $15.00 per hour, effective January 1, 2026.”

Source: Missouri Revised Statutes § 290.502
Citation: RSMo § 290.502(3)
Official text: https://revisor.mo.gov/main/OneSection.aspx?section=290.502
Last amended: August 28, 2025 (House Bill 567)
Effective date: January 1, 2026

According to Missouri Department of Labor and Industrial Relations:

“$15.00 MISSOURI MINIMUM WAGE IN EFFECT FOR 2026”

Source: Missouri Department of Labor and Industrial Relations
Published: Minimum Wage webpage
Available at: https://labor.mo.gov/dls/minimum-wage
Verified: January 14, 2026

Minimum Wage by Year:

2024:  $12.30

2025:  $13.75

2026:  $15.00

Source: Missouri Department of Labor and Industrial Relations
Available at: https://labor.mo.gov/dls/minimum-wage

Future Adjustments:

According to House Bill 567 (2025), the $15.00 per hour minimum wage is fixed for 2026. Unlike previous years, the minimum wage will not automatically increase based on the Consumer Price Index. Any future increases would require legislative action.

Source: Missouri House Bill 567 (2025)
Signed: July 10, 2025
Effective: August 28, 2025

Federal Minimum Wage:

The federal minimum wage remains $7.25 per hour as established by the Fair Labor Standards Act.

Source: Fair Labor Standards Act, 29 U.S.C. § 206
Official text: https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title29-section206
DOL guidance: https://www.dol.gov/agencies/whd/minimum-wage

Since Missouri’s state minimum wage ($15.00) is higher than the federal minimum wage ($7.25), covered Missouri employers must pay the higher state rate.

Tipped Employees:

According to Missouri Department of Labor and Industrial Relations:

“Employers are required to pay tipped employees at least 50 percent of the minimum wage, $7.50 per hour, plus any amount necessary to bring the employee’s total compensation to a minimum of $15.00 per hour.”

Source: Missouri Department of Labor and Industrial Relations
Available at: https://labor.mo.gov/dls/minimum-wage
Verified: January 14, 2026

Missouri Revised Statutes Section 290.512(1) provides:

“No employer of any employee who receives and retains compensation in the form of gratuities in addition to wages is required to pay wages in excess of fifty percent of the minimum wage rate specified in sections 290.500 to 290.530, however, total compensation for such employee shall total at least the minimum wage specified in sections 290.500 to 290.530, the difference being made up by the employer.”

Source: Missouri Revised Statutes § 290.512
Citation: RSMo § 290.512(1)
Official text: https://revisor.mo.gov/main/OneSection.aspx?section=290.512

Tipped Minimum Wage for 2026: $7.50 per hour

If an employee’s tips combined with the $7.50 per hour base wage do not equal at least $15.00 per hour, the employer must pay the difference to bring total compensation to the full minimum wage.

Employers Exempt from State Minimum Wage:

According to Missouri Department of Labor and Industrial Relations:

“Employers engaged in retail or service businesses whose annual gross income is less than $500,000 are not required to pay the state minimum wage rate. Employers not subject to the minimum wage law can pay employees wages of their choosing.”

Source: Missouri Department of Labor and Industrial Relations
Available at: https://labor.mo.gov/dls/minimum-wage
Verified: January 14, 2026

These exempt employers may still be subject to federal minimum wage requirements under the Fair Labor Standards Act if engaged in interstate commerce.

Public Employers:

According to Missouri Revised Statutes Section 290.502(4):

“For purposes of this section, the term ‘public employer’ means an employer that is the state or a political subdivision of the state, including a department, agency, officer, bureau, division, board, commission, or instrumentality of the state, or a city, county, town, village, school district, or other political subdivision of the state. Beginning on August 28, 2025, the provisions of this section shall apply to a public employer with respect to its employees.”

Source: Missouri Revised Statutes § 290.502(4)
Official text: https://revisor.mo.gov/main/OneSection.aspx?section=290.502
Effective: August 28, 2025

The 2026 minimum wage of $15.00 per hour applies to all public employers in Missouri, including state agencies, counties, cities, towns, villages, and school districts.

2.1.2 Overtime Requirements

Missouri follows federal overtime requirements as established by the Fair Labor Standards Act.

According to Missouri Revised Statutes Section 290.505(1):

“No employer shall employ any of his employees for a workweek longer than forty hours unless such employee receives compensation for his employment in excess of the hours above specified at a rate not less than one and one-half times the regular rate at which he is employed.”

Source: Missouri Revised Statutes § 290.505
Citation: RSMo § 290.505(1)
Official text: https://revisor.mo.gov/main/OneSection.aspx?section=290.505
Effective: August 28, 2008

Standard Overtime Rule:

Under Missouri law, non-exempt employees receive overtime pay at one and one-half times their regular rate of pay for all hours worked over 40 hours in a workweek. Missouri law does not require daily overtime (such as time and a half after 8 hours in a day), only weekly overtime after 40 hours.

Exemptions:

According to Missouri Revised Statutes Section 290.505(3):

“With the exception of employees described in subsection (2), the overtime requirements of subsection (1) shall not apply to employees who are exempt from federal minimum wage or overtime requirements pursuant to 29 U.S.C. 213(a)(1).”

Source: Missouri Revised Statutes § 290.505(3)
Official text: https://revisor.mo.gov/main/OneSection.aspx?section=290.505

The federal Fair Labor Standards Act exempts certain employees from overtime requirements, including:

• Executive employees
• Administrative employees
• Professional employees
• Outside sales employees
• Certain computer employees

Federal Overtime Law:

According to Fair Labor Standards Act, 29 U.S.C. § 207(a)(1):

“Except as otherwise provided in this section, no employer shall employ any of his employees who in any workweek is engaged in commerce or in the production of goods for commerce, or is employed in an enterprise engaged in commerce or in the production of goods for commerce, for a workweek longer than forty hours unless such employee receives compensation for his employment in excess of the hours above specified at a rate not less than one and one-half times the regular rate at which he is employed.”

Source: Fair Labor Standards Act
Citation: 29 U.S.C. § 207(a)(1)
Official text: https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title29-section207&num=0&edition=prelim
DOL guidance: https://www.dol.gov/agencies/whd/overtime

Calculating Overtime:

For non-exempt employees, overtime is calculated based on the regular rate of pay, which includes:

• Hourly wages
• Salaries (divided by hours worked)
• Commissions
• Non-discretionary bonuses (when included in the regular rate calculation)

Amusement and Recreation Business Exception:

According to Missouri Revised Statutes Section 290.505(2):

“Employees of an amusement or recreation business that meets the criteria set out in 29 U.S.C. 213(a)(3) must be paid one and one-half times their regular compensation for any hours worked in excess of fifty-two hours in any one-week period.”

Source: Missouri Revised Statutes § 290.505(2)
Official text: https://revisor.mo.gov/main/OneSection.aspx?section=290.505

2.1.3 Meal and Rest Break Requirements

Missouri does not require employers to provide meal breaks or rest breaks for adult employees.

According to Missouri Department of Labor and Industrial Relations:

“Missouri law does not require employers to provide employees, including youth workers, a break of any kind, including a lunch hour. These provisions are either left up to the discretion of the employer, can be agreed upon by the employer and employee, or may be addressed by company policy or contract.”

Source: Missouri Department of Labor and Industrial Relations
Published: Wages, Hours and Dismissal Rights webpage
Available at: https://labor.mo.gov/dls/general
Verified: January 14, 2026

Search Verification:

A search of Missouri Revised Statutes Chapter 290 (Labor and Industrial Relations) conducted on January 14, 2026, found no provisions requiring meal or rest breaks for adult employees in private employment.

Search conducted:

• Missouri Legislature website: https://revisor.mo.gov/
• Search terms: “meal break”, “rest break”, “lunch break”, “employee breaks”
• Date: January 14, 2026
• Result: No state law requirements found for adult employees

Federal Law:

Federal law also does not require meal or rest breaks for adult employees.

According to U.S. Department of Labor, Wage and Hour Division:

“Federal law does not require lunch or coffee breaks. However, when employers do offer short breaks (usually lasting about 5 to 20 minutes), federal law considers the breaks as compensable work hours that would be included in the sum of hours worked during the work week and considered in determining if overtime was worked.”

Source: U.S. Department of Labor, Wage and Hour Division
Topic: Breaks and Meal Periods
Available at: https://www.dol.gov/general/topic/workhours/breaks
Verified: January 14, 2026

What This Means:

In Missouri, meal and rest break policies are determined by:

• Employer policy
• Employment contracts
• Collective bargaining agreements (if applicable)
• Industry custom or practice

Employers who choose to provide breaks follow federal guidelines regarding compensability. Short breaks (typically 5-20 minutes) are generally considered work time and are paid, while bona fide meal periods (typically 30 minutes or more) may be unpaid if the employee is completely relieved from duty.

Exception for Youth in Entertainment:

According to Missouri Code of State Regulations regarding entertainment work permits:

Youth workers in the entertainment industry cannot work more than five and one-half hours without a meal break. Additionally, a 15-minute rest period (which counts as work time) is required after each two hours of continuous work for youth in the entertainment industry.

Source: Missouri Revised Statutes Chapter 294 (Child Labor)
Reference: Entertainment industry provisions
Available at: https://labor.mo.gov/dls/youth-employment

2.1.4 Final Paycheck Requirements

Missouri law requires employers to pay discharged employees all wages due at the time of dismissal.

According to Missouri Revised Statutes Section 290.110:

“Whenever any person, firm or corporation doing business in this state shall discharge, with or without cause, or refuse to further employ any servant or employee thereof, the unpaid wages of the servant or employee then earned at the contract rate, without abatement or deduction, shall be and become due and payable on the day of the discharge or refusal to longer employ.”

Source: Missouri Revised Statutes § 290.110
Citation: RSMo § 290.110
Official text: https://revisor.mo.gov/main/OneSection.aspx?section=290.110
Effective: August 28, 1972

Timeline Requirements:

For Discharged Employees (Involuntary Termination):

Wages are due and payable immediately on the day of discharge. If payment is not made immediately, the employee may request payment in writing.

According to Missouri Revised Statutes Section 290.110:

If the employee requests in writing that wages be sent to a station or office where a regular agent is kept, and if the money or a valid check does not reach the station or office within seven days from the date requested, then as a penalty the wages shall continue from the date of discharge or refusal to further employ at the same contract rate until paid. However, this penalty shall not apply for more than 60 days.

Source: Missouri Revised Statutes § 290.110
Official text: https://revisor.mo.gov/main/OneSection.aspx?section=290.110

Timeline Summary for Discharged Employees:

• Due: Immediately on day of discharge
• If written request made: Payment within 7 days
• Penalty for late payment: Wages continue to accrue at regular rate for up to 60 days

For Employees Who Resign (Voluntary Termination):

Missouri law does not specify a deadline for payment of final wages to employees who voluntarily resign. The next regular payday is generally considered acceptable under Missouri Department of Labor guidance.

According to Missouri Department of Labor and Industrial Relations:

“Employers are required to pay a discharged employee all wages due at the time of dismissal.”

Source: Missouri Department of Labor and Industrial Relations
Published: Workplace Standards Guide
Available at: https://labor.mo.gov/dls/general
Verified: January 14, 2026

What Is Included:

The final paycheck includes:

• All earned wages through the last day worked
• All earned commissions (if applicable under the employment agreement)
• Payment for accrued, unused vacation time if required by employer policy or contract

Vacation Pay:

Missouri law does not require employers to pay out accrued, unused vacation time upon termination.

According to Missouri Department of Labor and Industrial Relations:

“State law does not require payment of earned vacation time at the time of termination. However, an employee has the right to attempt recovery of earned vacation time through the courts.”

Source: Missouri Department of Labor and Industrial Relations
Published: Workplace Standards Guide
Available at: https://labor.mo.gov/dls/general
Format: PDF

Whether vacation pay is paid out depends on:

• Employer policy
• Employment contract terms
• Company handbook provisions

If an employer has a policy or practice of paying out vacation time, that policy creates an enforceable obligation.

Deductions from Final Paycheck:

Employers may only make deductions from final paychecks that are:

• Required by law (taxes, court-ordered garnishments)
• Authorized in writing by the employee
• For cash shortages, breakage, or loss of equipment only if the employee has signed written authorization

2.1.5 Wage Payment Requirements

Missouri law does not specify how frequently employers pay employees, but payment occurs at regular intervals.

Permissible Pay Periods:

Common pay periods include:

• Weekly
• Bi-weekly (every two weeks)
• Semi-monthly (twice per month)
• Monthly

Method of Payment:

Employers may pay wages by:

• Cash
• Check
• Direct deposit (with employee consent)
• Payroll card (with employee consent and meeting federal requirements)

Wage Theft and Underpayment:

According to Missouri Revised Statutes Section 290.527:

“Any employer who pays any employee less wages than the wages to which the employee is entitled under or by virtue of sections 290.500 to 290.530 shall be liable to the employee affected for the full amount of the wage rate and an additional amount equal to twice the unpaid wages as liquidated damages, less any amount actually paid to the employee by the employer and for costs and such reasonable attorney fees as may be allowed by the court or jury.”

Source: Missouri Revised Statutes § 290.527
Citation: RSMo § 290.527
Official text: https://revisor.mo.gov/main/OneSection.aspx?section=290.527
Statute of Limitations: 3 years from accrual of cause of action

Filing a Wage Complaint:

Employees who believe they have not been paid properly may file a wage complaint with the Missouri Division of Labor Standards.

According to Missouri Department of Labor and Industrial Relations:

“If you feel you are not being paid the correct wages, you can file a minimum wage complaint.”

Source: Missouri Department of Labor and Industrial Relations
Available at: https://labor.mo.gov/dls/minimum-wage
Filing information: https://labor.mo.gov/dls/general

2.2 Paid Sick Leave

No State Mandate as of August 28, 2025:

Missouri does not require private employers to provide paid sick leave to employees.

According to Missouri Department of Labor and Industrial Relations:

“On July 10, 2025, Governor Mike Kehoe signed House Bill 567, which repeals the earned paid sick time provisions of RSMo 290.600 – 290.642, effective Aug. 28, 2025. Employers may continue to offer employees earned paid sick time after Aug. 28, 2025, if they wish but are no longer required to do so beginning Aug. 28, 2025.”

Source: Missouri Department of Labor and Industrial Relations
Published: Division of Labor Standards webpage
Available at: https://labor.mo.gov/dls
Effective: August 28, 2025
Legislation: House Bill 567 (2025)
Signed: July 10, 2025

Background:

Proposition A, approved by Missouri voters in November 2024, originally established a state-wide earned paid sick time requirement effective May 1, 2025. This requirement was subsequently repealed by House Bill 567 before full implementation.

According to Missouri Department of Labor and Industrial Relations:

“Employers are not required to offer paid sick leave or any other type of paid fringe benefit; this is left up to the employer’s discretion, or to any contract the employer may have with its employees.”

Source: Missouri Department of Labor and Industrial Relations
Published: Wages, Hours and Dismissal Rights webpage
Available at: https://labor.mo.gov/dls/general
Verified: January 14, 2026

Employer Discretion:

Employers may voluntarily provide paid sick leave as:

• Part of company policy
• A benefit outlined in employment contracts
• A provision in collective bargaining agreements
• Part of a comprehensive paid time off (PTO) policy

Federal Requirements:

Federal law does not require private sector employers to provide paid sick leave to employees, except under the following circumstances:

• Federal contractors (under Executive Order 13706)
• Employees covered by the Family and Medical Leave Act may use other forms of paid leave during FMLA leave if the employer’s policy permits

Anti-Discrimination Protections:

While employers are not required to provide paid sick leave, employers who offer such benefits provide them in a non-discriminatory manner.

According to Missouri Department of Labor and Industrial Relations:

“An employer may provide sick and vacation benefits to one group of employees, but not to others, as long as the employer does not discriminate based upon age, race, sex, religion, national origin, etc.”

Source: Missouri Department of Labor and Industrial Relations
Available at: https://labor.mo.gov/dls/general
Verified: January 14, 2026

2.3 Other Leave Requirements

2.3.1 Vacation Leave

Missouri law does not require private employers to provide paid vacation leave.

According to Missouri Department of Labor and Industrial Relations:

“Missouri has no law requiring paid vacations for private sector employment. This is an issue that must be addressed by the employee with his or her employer.”

Source: Missouri Department of Labor and Industrial Relations
Available at: https://labor.mo.gov/dls/general
Verified: January 14, 2026

Vacation leave is a matter of agreement between employer and employee, typically governed by:

• Employer policy
• Employment contract
• Company handbook
• Collective bargaining agreement

2.3.2 Family and Medical Leave (Federal)

Eligible employees are entitled to unpaid, job-protected leave under the federal Family and Medical Leave Act.

FMLA Coverage:

According to Family and Medical Leave Act, 29 U.S.C. § 2611:

The FMLA applies to employers with 50 or more employees within 75 miles for each working day during 20 or more calendar workweeks in the current or preceding calendar year.

Source: Family and Medical Leave Act
Citation: 29 U.S.C. § 2611
Official text: https://uscode.house.gov/view.xhtml?path=/prelim@title29/chapter28&edition=prelim
Agency: U.S. Department of Labor, Wage and Hour Division
DOL guidance: https://www.dol.gov/agencies/whd/fmla

Eligible Employees:

To qualify for FMLA leave, an employee:

• Work for a covered employer
• Have worked for the employer for at least 12 months
• Have worked at least 1,250 hours during the 12 months before leave begins
• Work at a location where the employer has at least 50 employees within 75 miles

Leave Entitlement:

Eligible employees may take up to 12 weeks of unpaid, job-protected leave in a 12-month period for:

• Birth and care of a newborn child
• Placement of a child for adoption or foster care
• Care for an immediate family member (spouse, child, or parent) with a serious health condition
• The employee’s own serious health condition
• Qualifying exigencies arising from a family member’s military service

Up to 26 weeks of leave may be available to care for a covered servicemember with a serious injury or illness.

2.3.3 Jury Duty Leave

Missouri law does not explicitly require employers to provide paid time off for jury duty, but employers cannot penalize employees for serving on a jury.

Employees summoned for jury duty are protected from discharge or penalty for jury service. Compensation for jury service is paid by the court, not the employer, unless the employer has a policy providing paid jury duty leave.

2.3.4 Voting Leave

Missouri law provides employees with the right to take time off to vote.

According to Missouri Revised Statutes Section 115.639:

“Any person entitled to vote at any election held within this state shall, on the day of such election, be entitled to absent himself from any services or employment in which he is then engaged or employed, for a period of three hours between the time of opening and the time of closing the polls for the purpose of voting, and any such absence for such purpose shall not be reason for the discharge of or the threat to discharge any such person from such services or employment; and such employee, if he votes, shall not, because of so absenting himself, be liable to any penalty or discipline, nor shall any deduction be made on account of such absence from his usual salary or wages.”

Source: Missouri Revised Statutes § 115.639
Citation: RSMo § 115.639(1)
Official text: https://revisor.mo.gov/main/OneSection.aspx?section=115.639

Requirements:

• Employees request leave prior to election day
• The three-hour leave provision does not apply if the employee has three successive hours available while polls are open when not in service of employer
• Employee votes to receive protection
• Employer cannot deduct wages for time taken to vote

2.4 Employee Rights Summary

Missouri employees have the following key rights under state and federal law:

Wage Rights:

• Minimum wage of $15.00 per hour (2026)
• Overtime pay at 1.5 times regular rate for hours over 40 per week
• Final paycheck immediately upon discharge (involuntary termination)
• Protection against wage theft with liquidated damages

Time Off Rights:

• No state-required meal or rest breaks for adults
• No state-required paid sick leave (as of August 28, 2025)
• No state-required vacation pay
• Federal FMLA leave for eligible employees (unpaid, job-protected)
• Three hours paid time to vote on election day (if needed)

Workplace Protection Rights:

• Protection against discrimination based on protected characteristics
• At-will employment with statutory exceptions
• Whistleblower protections for reporting legal violations
• Right to file wage complaints and discrimination complaints
• Right to participate in workers’ compensation without retaliation

All wage and hour rights apply equally regardless of immigration status, though remedies for undocumented workers may be limited in certain circumstances under federal law.