Saint Louis, MO asked in Employment Law for Missouri

Q: Is it legal for a Missouri employer to refuse to pay time and a half overtime to a non-exempt employee over 40hrs/week?

The position in question is an office receptionist, non-salaried at no more than $600/week, not managerial or administrative. I need help finding the actual statute that shows what this law is currently.

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2 Lawyer Answers
Ronald J. Eisenberg
PREMIUM
Ronald J. Eisenberg
Answered
  • Chesterfield, MO
  • Licensed in Missouri

A: Here are two Missouri statutes. Because of the attorneys' fee provision, you could probably find representation easily if you have a solid claim to make.

290.505. Overtime compensation, applicable number of hours, exceptions. — 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.

  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.

  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 including, but not limited to, the exemptions or hour calculation formulas specified in 29 U.S.C. Sections 207 and 213, and any regulations promulgated thereunder.

  4. Except as may be otherwise provided under sections 290.500 to 290.530, this section shall be interpreted in accordance with the Fair Labor Standards Act, 29 U.S.C. Section 201, et seq., as amended, and the Portal to Portal Act, 29 U.S.C. Section 251, et seq., as amended, and any regulations promulgated thereunder.

290.527. Action for underpayment of wages, employee may bring — limitation. — 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. The employee may bring any legal action necessary to collect the claim. Any agreement between the employee and the employer to work for less than the wage rate shall be no defense to the action. All actions for the collection of any deficiency in wages shall be commenced within three years of the accrual of the cause of action.

Jeff Donoho
Jeff Donoho
Answered
  • Mission Woods, KS
  • Licensed in Missouri

A: No. Missouri employers are required to pay 1.5 times the regular hourly wage for all overtime worked by “non-exempt” employees. Missouri has unique rules on which types of employees qualify as “exempt”, so it’s important that Missouri employers consult an attorney with any questions they have regarding Missouri overtime rules.

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