🇺🇸 Missouri Overtime Laws — 2026 UPDATE

Overtime Laws in Missouri 2026: Pay Rates, Exemptions & Tax Deduction (2026)

⚠️Informational only — not legal or tax advice.

Guide for Missouri overtime laws 2026

Last verified: March 1, 2026

Next scheduled review: June 1, 2026

Overtime in Missouri 2026

Table of Contents

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Missouri Overtime Laws at a Glance (2026)

Missouri Overtime Laws — At a Glance (2026)
Details
Overtime threshold 40 hours/workweek
Overtime pay rate 1.5× regular rate of pay
Double time No
Daily overtime No — weekly calculation only
State minimum wage (2026) $15.00/hour
Exempt salary threshold (2026) Federal: $684/week ($35,568/year)
7th consecutive day rule No
State enforcement agency Missouri Division of Labor Standards
Federal enforcement U.S. DOL Wage and Hour Division
Overtime tax deduction (federal) Up to $12,500/yr (2025–2028) — FLSA-covered workers
Statute of limitations 3 years (state, RSMo § 290.527) / 2 years FLSA (3 if willful)

Governing law: Missouri Revised Statutes §§ 290.500–290.530; Fair Labor Standards Act, 29 U.S.C. § 207 Last verified: March 1, 2026

Does Missouri Have Its Own Overtime Law?

Missouri has its own overtime statute under RSMo § 290.505, which requires employers to pay nonexempt employees at least 1.5 times their regular rate of pay for all hours worked over 40 in a workweek. This mirrors the federal Fair Labor Standards Act (FLSA) standard.

When Missouri law and federal FLSA rules differ, the standard more favorable to the employee applies. Missouri’s statute does not provide broader overtime protections than the FLSA for most employees — it largely incorporates federal exemptions by reference — but it does include one notable state-specific provision for amusement and recreation businesses.

Key provisions of Missouri’s overtime law:

  • Missouri requires overtime after 40 hours per workweek — no daily overtime requirement (RSMo § 290.505(1))
  • Employees at qualifying amusement or recreation businesses must be paid overtime after 52 hours per workweek — a higher threshold than the federal 40-hour standard for that specific exemption category (RSMo § 290.505(2))
  • Missouri law explicitly incorporates federal exemptions: overtime requirements do not apply to employees exempt from federal minimum wage or overtime requirements under the FLSA (RSMo § 290.505(3))
  • Agriculture is entirely excluded from Missouri’s overtime and minimum wage law (RSMo § 290.507)
  • Missouri state agencies have adopted U.S. DOL regulations under 29 C.F.R. as interpretive guidance (8 CSR 30-4.010)

Note on the amusement/recreation provision: Employees of amusement or recreation businesses meeting the criteria in 29 U.S.C. § 213(a)(3) are not overtime-exempt under Missouri law as they might partially be under the FLSA — instead, Missouri requires overtime after 52 hours per week for these workers. Employers in this sector should review both RSMo § 290.505(2) and their FLSA obligations to determine which standard applies to each employee.

State statute: RSMo §§ 290.500–290.530 — revisor.mo.gov/main/PageSelect.aspx?chapter=290 Federal statute: Fair Labor Standards Act, 29 U.S.C. § 207 — dol.gov/agencies/whd/overtime

How Overtime Pay Is Calculated in Missouri

What Is a “Workweek”?

Under the FLSA and Missouri law, a workweek is a fixed, regularly recurring period of 168 consecutive hours (seven consecutive 24-hour periods). A workweek does not have to start on Monday or align with a calendar week — the employer may designate any day and time as the start.

Each workweek stands alone. An employer cannot average hours across two or more workweeks to avoid overtime. If an employee works 50 hours one week and 30 the next, overtime is owed for the first week regardless of the second.

Missouri’s Division of Labor Standards confirms: “Overtime pay begins once an employee works more than 40 hours in a work week rather than more than 8 hours in a work day.”

Source: 29 C.F.R. § 778.104–778.105; labor.mo.gov/dls/general/hours-travel-overtime

Pay Rates

Under RSMo § 290.505 and the FLSA, nonexempt employees in Missouri earn:

Time-and-a-half (1.5× regular rate):

  • All hours worked over 40 in a workweek

Missouri does not require:

  • Daily overtime (overtime is not triggered by working more than 8 hours in a single day)
  • Double time at any threshold
  • Overtime for a 7th consecutive workday

What Counts as the “Regular Rate of Pay”

The regular rate is not always the same as the hourly wage. Under 29 C.F.R. § 778.108, the regular rate includes:

  • Base hourly rate or salary equivalent
  • Non-discretionary bonuses and incentive pay
  • Shift differentials
  • Commissions
  • Piece-rate earnings

The regular rate does not include:

  • Discretionary bonuses (e.g., holiday gifts)
  • Employer contributions to benefit plans
  • Vacation, holiday, or sick pay when no work is performed

Missouri’s Division of Labor Standards follows this federal framework. State regulations at 8 CSR 30-4.010 expressly incorporate U.S. DOL regulations at 29 C.F.R. Chapter V as interpretive guidance.

Source: 29 C.F.R. § 778.108–778.122; labor.mo.gov/dls/general

Calculation Example — Standard Weekly Overtime

Missouri’s minimum wage in 2026 is $15.00/hour.

Example: An employee earns $15.00/hour and works 48 hours in one workweek:

  • Regular pay: 40 hours × $15.00 = $600.00
  • Overtime pay: 8 hours × ($15.00 × 1.5) = 8 × $22.50 = $180.00
  • Total weekly gross pay: $780.00

Example — higher wage: An employee earns $22.00/hour and works 45 hours:

  • Regular pay: 40 hours × $22.00 = $880.00
  • Overtime pay: 5 hours × ($22.00 × 1.5) = 5 × $33.00 = $165.00
  • Total weekly gross pay: $1,045.00

For the current Missouri minimum wage used in these calculations, see the Missouri Minimum Wage page.

Source: RSMo § 290.505; 29 C.F.R. § 778.108; labor.mo.gov/faqs/knowledge-base/when-does-overtime-come-effect

Who Is Exempt from Overtime in Missouri?

Not all employees in Missouri are entitled to overtime pay. Missouri law (RSMo § 290.505(3)) explicitly adopts the federal FLSA exemptions: the overtime requirement “shall not apply to employees who are exempt from federal minimum wage or overtime requirements.”

Federal FLSA Exemption Requirements

To be exempt from overtime under the FLSA (as incorporated by Missouri law), an employee must meet all three criteria:

1. Salary basis test: Paid a predetermined, fixed salary each pay period (not hourly)

2. Salary level test: Earn at least $684 per week ($35,568 per year)

3. Duties test: Perform specific job duties in one of these categories:

Missouri Overtime Exemptions (EAP Categories)
Exemption Key duty requirement
Executive Manages enterprise or department; directs 2+ employees; authority to hire/fire
Administrative Office/non-manual work related to management or business operations; exercises independent judgment on matters of significance
Professional Work requiring advanced knowledge in science or learning (prolonged specialized study)
Computer employee Systems analysis, programming, or software engineering — $684/week salary OR $27.63/hour
Outside sales Primary duty is making sales away from employer's place of business
Highly compensated Earns $107,432/year total annual compensation and performs at least one exempt duty

Source: 29 C.F.R. Part 541; RSMo § 290.505(3); dol.gov/agencies/whd/overtime/fact-sheets

Missouri-Specific Exemptions Under RSMo §§ 290.500–290.530

Missouri’s minimum wage and overtime law does not apply to certain categories of employees beyond the standard FLSA exemptions. Under RSMo § 290.500 and related sections, the following are excluded from Missouri’s overtime requirements:

  • Agricultural workers — Agriculture is entirely excluded under RSMo § 290.507: “Sections 290.500 to 290.530 shall not apply to any employee or employer engaged in agriculture.”
  • Employees of businesses with gross annual sales under $500,000 — where the employer is not covered by the FLSA
  • Domestic workers (employees working on or about a private residence for six or fewer hours per shift)
  • Babysitters and golf caddies
  • Newsboys
  • Students working for educational institutions in exchange for benefits (such as room, board, or tuition)
  • Employees working fewer than 4 months per year at a resident or day camp
  • Nonviolent offenders participating in correctional facility work programs
  • Commission-only employees where commissions are the sole compensation

Note: Even where Missouri’s state law exempts a category of worker, federal FLSA coverage may still independently apply to that worker if the employer meets federal coverage thresholds ($500,000 in annual sales or engagement in interstate commerce). Employees should verify coverage under both state and federal law.

Source: RSMo §§ 290.500, 290.505, 290.507; revisor.mo.gov/main/PageSelect.aspx?chapter=290

What Happened to the 2024 DOL Salary Threshold Increase?

In April 2024, the U.S. Department of Labor issued a final rule that would have raised the exempt salary threshold to $1,128/week ($58,656/year) by January 1, 2025.

On November 15, 2024, the U.S. District Court for the Eastern District of Texas vacated that rule nationwide in Texas v. U.S. Department of Labor (No. 4:24-cv-00499).

The salary threshold remains $684/week ($35,568/year) as of 2026.

Missouri does not set its own exempt salary threshold — it uses the federal FLSA standard. An employee earning between $684/week and a higher amount does not have additional state-law protections on the exemption threshold.

Source: dol.gov/agencies/whd/overtime; 29 C.F.R. § 541.600

Overtime Tax Deduction: "No Tax on Overtime" (2025–2028)

The One Big Beautiful Bill Act (Public Law 119-21), signed on July 4, 2025, created a new federal income tax deduction for qualified overtime compensation under Internal Revenue Code § 225. This deduction is available for tax years 2025 through 2028.

Who Is Eligible

  • Nonexempt employees covered by the Fair Labor Standards Act (29 U.S.C. § 207)
  • Must have a Social Security number valid for employment
  • Cannot use the Married Filing Separately filing status

Who is NOT eligible:

  • Exempt (salaried) employees who do not receive FLSA overtime
  • Independent contractors (1099 workers) who are not FLSA-covered
  • Employees receiving overtime only under employer policy or collective bargaining that exceeds FLSA requirements (if that overtime is not also required by the FLSA)

What Is Deductible

The deduction covers the premium portion of overtime pay — specifically the amount that exceeds the regular rate of pay.

Overtime Premium — Deductible Portion Example ($15.00/hr — Missouri Minimum Wage)
Overtime type What is deductible Example ($15.00/hr — Missouri minimum wage)
Time-and-a-half (1.5×) The "half" — 1/3 of total OT pay $7.50/hr per OT hour ($22.50 − $15.00)

IRS shortcut for 2025: For time-and-a-half workers who only know their total overtime pay, divide that total by 3 to determine the deductible qualified overtime compensation amount.

Source: IRS Notice 2025-69; irs.gov/newsroom/questions-and-answers-about-the-new-deduction-for-qualified-overtime-compensation

Federal Overtime Tax Deduction — Deduction Limits (2025–2028)
Filing status Maximum annual deduction Phase-out begins
Single $12,500 $150,000 MAGI
Married filing jointly $25,000 $300,000 MAGI
W-2 Reporting (Federal Overtime Deduction)
Tax year Employer reporting requirement
2025 NOT required to separately report (transition year — IRS Notice 2025-62). May voluntarily report in W-2 Box 14 as "QUAL OT".
2026 and later REQUIRED to separately report qualified overtime compensation. Draft W-2 form indicates Box 12, Code TT (subject to IRS finalization).

If an employer did not separately report overtime for 2025, the IRS allows employees to use “any reasonable method” to calculate the deductible amount, including payroll records, pay stubs showing overtime hours and rates, or the one-third shortcut for time-and-a-half workers.

What This Deduction Does NOT Do

  • Does NOT exempt overtime from Social Security (6.2%) or Medicare (1.45%) taxes
  • Does NOT apply to Missouri state income taxes
  • Does NOT change how much overtime pay an employee receives — it reduces federal taxable income at filing
  • Does NOT apply to overtime paid solely under employer policy that exceeds FLSA requirements

Source: IRS Notice 2025-62; IRS Notice 2025-69; IRC § 225; P.L. 119-21, § 70202; irs.gov/newsroom/questions-and-answers-about-the-new-deduction-for-qualified-overtime-compensation

Missouri Income Tax and Overtime

The federal overtime deduction applies to federal income tax only. Overtime pay in Missouri remains fully subject to Missouri state income tax at normal rates.

Missouri’s individual income tax rate was reduced to 4.7% for tax year 2025 under prior legislation (SB 3, 2022), with potential further reductions tied to revenue triggers. Overtime wages — including the premium portion — are included in Missouri adjusted gross income and taxed at the applicable rate.

No Missouri state-level overtime income tax deduction has been enacted. Bills introduced in 2023 (SB 452, SB 498) and 2024 (HB 2315) that would have authorized a 100% Missouri income tax deduction for overtime compensation did not advance into law. As of March 2026, no active Missouri legislation would exempt overtime from state income tax.

Cross-reference: For Missouri state income tax details, see the Missouri Income Tax page.

Source: senate.mo.gov; Missouri Department of Revenue — dor.mo.gov

Can an Employer Require Overtime in Missouri?

Under the FLSA, there is no federal limit on the number of hours an employer can require an adult employee (age 16 and older) to work in a workweek, as long as the employee is properly compensated for all overtime hours. Missouri’s Division of Labor Standards confirms: “There is no minimum or maximum number of hours an employee may be scheduled or asked to work.”

Missouri does not have additional mandatory overtime restrictions beyond the FLSA. Missouri follows the Employment-At-Will Doctrine, which means an employer may discipline or terminate an at-will employee for refusing to work overtime, unless a specific law, employment contract, or collective bargaining agreement provides otherwise.

Missouri’s at-will doctrine has limited exceptions: employers may not discharge an employee for refusing to violate a law, reporting violations of the law, or asserting a legal right. Refusing to work an uncompensated overtime shift would fall within these protections.

State and federal law do not allow employees to voluntarily waive their rights to overtime pay and accept straight time instead. Any employer that asks an employee to do so violates the law, and employees should file a wage complaint.

Source: labor.mo.gov/dls/general; 29 U.S.C. § 207; RSMo § 290.505

Protections That Always Apply

Regardless of mandatory overtime policies, the following protections apply in Missouri:

  • All overtime hours must be compensated at the applicable overtime rate (1.5× regular rate)
  • Employers cannot retaliate against employees who file wage complaints (29 U.S.C. § 215(a)(3))
  • Disability accommodation requests under the ADA may limit overtime requirements
  • Child labor laws restrict hours for employees under 18
  • Missouri’s at-will employment policy exceptions protect employees who refuse to violate the law

Source: 29 U.S.C. § 207; RSMo § 290.505; labor.mo.gov/dls/general

Industry-Specific Overtime Rules in Missouri

Amusement and Recreation Businesses

This is Missouri’s most significant state-specific overtime provision. Under RSMo § 290.505(2), employees of an amusement or recreation business that meets the criteria of 29 U.S.C. § 213(a)(3) must be paid overtime after 52 hours per workweek — rather than being fully exempt as they might be under the FLSA’s partial exemption for seasonal amusement or recreation establishments.

Under the FLSA, amusement or recreation establishments that operate for fewer than 7 months per year, or whose receipts in any 6 months of the preceding year were not more than 33⅓% of its receipts for the other 6 months, may be exempt from overtime entirely. Missouri limits that exemption: workers at qualifying establishments still receive overtime, just at the 52-hour threshold rather than 40.

Source: RSMo § 290.505(2); 29 U.S.C. § 213(a)(3); revisor.mo.gov/main/OneSection.aspx?section=290.505

Agriculture

Agriculture is entirely excluded from Missouri’s Minimum Wage and Overtime Law. RSMo § 290.507 states: “Sections 290.500 to 290.530 shall not apply to any employee or employer engaged in agriculture.”

Agricultural workers in Missouri remain subject to applicable FLSA provisions for agricultural workers (29 U.S.C. § 213(b)(12)), which provide a partial overtime exemption for small farms. Missouri has not enacted state-level agricultural overtime requirements comparable to those in Washington or New York.

Source: RSMo § 290.507; revisor.mo.gov/main/OneSection.aspx?section=290.507

Healthcare (8-and-80 System)

Hospitals and residential care facilities in Missouri may use the FLSA’s alternative 14-day work period. Under 29 U.S.C. § 207(j), overtime is due after 8 hours per day or 80 hours in the 14-day period, whichever calculation results in more overtime pay to the employee.

This arrangement requires a prior agreement between the employer and employee (or their representative) before the work is performed. Missouri state agencies do not impose additional requirements beyond the federal 8-and-80 standard for healthcare facilities.

Source: 29 U.S.C. § 207(j); dol.gov/agencies/whd/overtime

Retail and Commission Employees

Under the FLSA’s Section 7(i) exemption (29 U.S.C. § 207(i)), retail or service employees may be exempt from overtime if:

  • More than half of their earnings in a representative period come from commissions on goods or services, and
  • Their regular rate of pay exceeds 1.5 times the federal minimum wage

Missouri does not add to or narrow this exemption.

Source: 29 U.S.C. § 207(i); dol.gov/agencies/whd/fact-sheets/20-flsa-commissions

Public Sector / Government Employees

Missouri state employees are covered by the FLSA. Under 29 U.S.C. § 207(o), public employers (state and local government) may offer compensatory time off at 1.5 hours per overtime hour instead of overtime pay, provided:

  • A prior agreement exists between the employer and employee (or union)
  • The compensatory time cap is 240 hours for most employees (or 480 hours for public safety, emergency response, and seasonal employees)
  • Employees can use accrued comp time within a reasonable period when requested

Missouri’s Office of Administration confirms that non-exempt state employees (Code 2) are compensated at 1.5× their regular rate for hours over 40, while certain exempt supervisory/professional employees (Code 1) may receive straight-time compensation or equal comp time.

Private-sector employers in Missouri cannot offer comp time in lieu of overtime pay. Private employees who work overtime must receive 1.5× their regular rate in wages.

Source: 29 U.S.C. § 207(o); oa.mo.gov/personnel/state-employees/hours-work-overtime-and-holidays; 1 CSR 20-5.010

Motor Carrier Exemption

Employees whose duties affect the safe operation of motor vehicles in interstate commerce may be exempt from FLSA overtime under the Motor Carrier Act exemption. This covers drivers, driver’s helpers, loaders, and mechanics employed by carriers subject to the U.S. Department of Transportation’s jurisdiction.

Source: 49 U.S.C. § 31502; dol.gov/agencies/whd/fact-sheets/19-flsa-mca

How to File an Overtime Wage Complaint in Missouri

Employees in Missouri who believe they have not received proper overtime pay have three options. Important note: Missouri does not have a wage collection law. The Missouri Division of Labor Standards can investigate minimum wage and overtime complaints, but it does not have authority to pursue wage claims in court on behalf of employees. Employees who need to recover unpaid wages must take private legal action.

Option 1: Missouri Division of Labor Standards

Missouri Overtime Complaint — State (DLS)
Details
Agency Missouri Division of Labor Standards (DLS), Department of Labor and Industrial Relations
Online filing https://apps.labor.mo.gov/forms/minimum_wage/form.asp
Phone 573-751-3403
Email minimumwage@labor.mo.gov
Required form Minimum Wage Complaint Form (MWC) — covers overtime underpayment
DLS authority Investigation and compliance determination only — cannot pursue court action for employee
Deadline (state) 3 years from accrual of cause of action (RSMo § 290.527)

If DLS determines wages are owed but cannot collect, the employee is notified of the right to bring a private action. Claims under $5,000 may be filed in Small Claims Court; claims over $5,000 should be pursued in Missouri circuit court.

Source: labor.mo.gov/dls/minimum-wage/file-complaint; labor.mo.gov/faqs/knowledge-base/if-it-determined-i-was-not-paid-minimum-wage-rate-andor-overtime-rate-what

Option 2: U.S. Department of Labor — Wage and Hour Division

Missouri Overtime Complaint — Federal (U.S. DOL WHD)
Details
Online https://www.dol.gov/agencies/whd/contact/complaints
Phone 1-866-487-9243 (toll-free)
Deadline 2 years from violation (3 years if willful)

The WHD can investigate, collect back wages, and file suit on behalf of employees at no cost to the employee. This federal route is particularly effective for willful violations or situations involving multiple employees.

Option 3: Private Lawsuit

Employees may file a lawsuit against their employer in Missouri circuit court or federal court under 29 U.S.C. § 216(b). Remedies under Missouri and federal law include:

  • Back wages owed
  • Liquidated damages — under RSMo § 290.527, an additional amount equal to twice the unpaid wages (note: this is more generous than the federal FLSA’s equal/1× liquidated damages)
  • Reasonable attorney’s fees and court costs

The state statute of limitations is 3 years from the accrual of the cause of action (RSMo § 290.527). The FLSA statute of limitations is 2 years (3 years for willful violations). The longer applicable deadline generally governs, making Missouri’s 3-year period the controlling deadline in most cases.

Retaliation Protection

Under the FLSA (29 U.S.C. § 215(a)(3)), employers cannot retaliate against employees for:

  • Filing an overtime wage complaint
  • Participating in a wage investigation
  • Testifying in proceedings related to overtime violations

Missouri’s limited public policy exception to at-will employment also protects employees who report violations of the law or assert legal rights.

Source: RSMo § 290.527; revisor.mo.gov/main/OneSection.aspx?section=290.527; 29 U.S.C. § 216(b); labor.mo.gov/dls/general/complaints

Penalties for Overtime Violations in Missouri

Federal FLSA Penalties
Penalty type Amount
Back wages Full amount of unpaid overtime owed
Liquidated damages Equal to unpaid wages (effectively doubles recovery)
Civil monetary penalty Up to $2,451 per violation (willful/repeated — adjusted annually)
Criminal prosecution Willful violations: fines up to $10,000; second offense: up to 6 months imprisonment

Source: 29 U.S.C. § 216; dol.gov/agencies/whd/overtime

Missouri State Penalties

Under RSMo § 290.527, an employer who underpays wages (including overtime) is liable for:

  • The full wage amount owed
  • An additional amount equal to twice the unpaid wages as liquidated damages (double damages — more than the federal 1× standard)
  • Court costs and reasonable attorney’s fees as allowed by the court or jury

Missouri’s liquidated damages formula is: if an employee is owed $500 in unpaid overtime, the employer could be liable for up to $1,500 total ($500 owed + $1,000 in liquidated damages), plus attorney’s fees.

This state-level double damages standard gives Missouri employees a stronger private right of action than the federal FLSA baseline.

Source: RSMo § 290.527; revisor.mo.gov/main/OneSection.aspx?section=290.527

Missouri Overtime Law Updates (2025–2026)

Federal Changes Affecting Missouri

  • July 4, 2025: One Big Beautiful Bill Act signed (P.L. 119-21) — created federal overtime tax deduction under IRC § 225 for tax years 2025–2028
  • November 15, 2024: Federal court vacated the DOL’s April 2024 salary threshold rule — exempt salary threshold remains $684/week ($35,568/year)
  • August 28, 2025: Missouri HB 567 (2025) took effect, modifying minimum wage provisions (paid sick leave mandate from Proposition A was repealed); the $15.00/hour minimum wage for 2026 was codified

Missouri State Changes

  • January 1, 2026: Missouri minimum wage increased to $15.00/hour under the schedule established in RSMo § 290.502(3), raising the minimum overtime rate to $22.50/hour for time-and-a-half
  • August 28, 2025: HB 567 (2025) signed into law on July 10, 2025 — restructured the minimum wage law framework; minimum wage provisions remain in effect

Bills That Did Not Advance

Past Missouri bills that would have created a state income tax deduction for overtime pay — including SB 452 (2023), SB 498 (2023), and HB 2315 (2024) — did not become law. As of March 2026, no enacted Missouri statute exempts overtime from state income tax.

Last reviewed: March 1, 2026 Next scheduled review: June 1, 2026

Frequently Asked Questions About Overtime in Missouri

Does Missouri have its own overtime law?

Yes. Missouri has its own overtime statute at RSMo § 290.505, which requires employers to pay nonexempt employees 1.5 times their regular rate for all hours worked over 40 in a workweek. Missouri law incorporates federal FLSA exemptions and largely mirrors the federal standard, but adds a specific provision for amusement and recreation businesses requiring overtime after 52 hours per week for those workers.

What is the overtime rate in Missouri in 2026?

The overtime rate in Missouri is 1.5 times the employee’s regular rate of pay for all hours over 40 in a workweek. Based on Missouri’s 2026 minimum wage of $15.00/hour, the minimum overtime rate is $22.50/hour. Missouri does not require double time at any threshold.

Does Missouri require daily overtime?

No. Overtime in Missouri is calculated on a weekly basis only. Working more than 8 hours in a single day does not trigger overtime unless total hours worked in the workweek exceed 40. Missouri’s Division of Labor Standards explicitly states: “Overtime pay begins once an employee works more than 40 hours in a work week rather than more than 8 hours in a work day.”

Is mandatory overtime legal in Missouri?

Under federal law and Missouri law, employers can generally require adult employees to work overtime. Missouri does not have state-level restrictions on mandatory overtime for most industries. At-will employees who refuse mandatory overtime may face disciplinary action. However, employers cannot retaliate against employees who file wage complaints, and employees cannot be required to waive their right to overtime pay.

Am I exempt from overtime in Missouri?

Exemption depends on salary level and job duties. Missouri law adopts federal FLSA exemptions: employees must earn at least $684/week on a salary basis and perform executive, administrative, or professional duties to qualify. Missouri does not set a higher salary threshold than the federal $684/week. Additional state-specific exemptions include agricultural workers, domestic workers, certain camp employees, and employees of businesses with gross annual revenues under $500,000 that are not covered by the FLSA.

Can salaried employees get overtime in Missouri?

Yes. Being paid a salary does not automatically make an employee exempt. Salaried employees earning less than $684/week, or those who do not meet the applicable duties tests, are nonexempt and entitled to overtime under both Missouri and federal law.

Is overtime taxed in Missouri?

Overtime pay is subject to both federal and Missouri state income taxes. Under the One Big Beautiful Bill Act (2025–2028), FLSA-covered nonexempt employees may deduct up to $12,500 ($25,000 for joint filers) of the premium portion of overtime from federal taxable income. Missouri has not enacted a comparable state deduction — overtime remains fully subject to Missouri state income tax at the applicable rate.

How do I calculate the federal overtime tax deduction?

For time-and-a-half pay, the deductible qualified overtime compensation is one-third of total overtime pay received. For example, if a Missouri worker earned $6,000 in total overtime at 1.5× their regular rate, the qualified overtime compensation deduction is $2,000. This shortcut is confirmed by the IRS in Notice 2025-69. The deduction is claimed on Schedule 1-A of Form 1040.

How do I file an overtime complaint in Missouri?

File a wage complaint with the Missouri Division of Labor Standards at apps.labor.mo.gov/forms/minimum_wage/form.asp or by calling 573-751-3403. Note that Missouri DLS can investigate but cannot pursue court action on your behalf — you retain the right to bring a private lawsuit. Alternatively, file with the U.S. DOL Wage and Hour Division at 1-866-487-9243. The state statute of limitations is 3 years; the FLSA deadline is 2 years (3 years for willful violations).

Can my employer fire me for refusing overtime in Missouri?

In most cases, yes. Missouri is an at-will employment state, and employers may discipline or terminate employees who refuse overtime unless a law, contract, or collective bargaining agreement provides otherwise. However, employers cannot retaliate against employees who file wage complaints or assert legal rights under Missouri’s public policy exception to at-will employment.

Can my employer give comp time instead of overtime pay?

In Missouri’s private sector, no. Private-sector employers must pay overtime in wages at 1.5× the regular rate — they cannot substitute compensatory time off. Public-sector employers (state and local government) may offer comp time at 1.5 hours per overtime hour worked, up to 240 hours (or 480 hours for public safety and emergency response employees), provided a prior agreement exists.

Does working on weekends or holidays count as overtime in Missouri?

No. Under both the FLSA and Missouri law, working on weekends or holidays does not automatically constitute overtime. Overtime depends on total hours worked in the workweek, regardless of which days those hours occurred. Missouri does not require premium pay for weekend or holiday work — those are employer discretion benefits.

What happens if my employer doesn’t pay overtime in Missouri?

Employees may pursue a private lawsuit under RSMo § 290.527 to recover unpaid overtime wages plus liquidated damages equal to twice the unpaid amount, plus attorney’s fees. Under the FLSA, employees may also recover back wages and liquidated damages equal to the unpaid amount. Filing with the Missouri Division of Labor Standards or the U.S. DOL Wage and Hour Division initiates an investigation that may result in collection of owed wages without litigation.

What is the statute of limitations for overtime claims in Missouri?

Under Missouri law (RSMo § 290.527): 3 years from the accrual of the cause of action. Under the FLSA: 2 years (3 years if the violation is willful). Missouri’s 3-year state deadline is longer than the standard federal FLSA deadline, giving employees more time to bring claims under state law.

Does Missouri follow the federal salary threshold for overtime exemptions?

Yes. Missouri does not set its own exempt salary threshold — it uses the federal FLSA standard of $684/week ($35,568/year). The 2024 DOL rule that would have raised this threshold to $1,128/week was vacated by a federal court in November 2024 and is no longer in effect.

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Legal Disclaimer: Nature of This Compilation This document is a compilation of publicly available information from official government sources. It is NOT: Legal advice An interpretation of laws or regulations A substitute for consultation with a licensed attorney A comprehensive treatment of all applicable laws Guaranteed to be complete or current