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MISSOURI EMPLOYMENT LAW

Employment Law, or Labor Law, encompasses many issues related to the relationship between an employer and his employees. Wrongful death, disability law, wages and hours, discrimination at the workplace, hiring and termination practices and sexual harassment are just a few of the issues in employment law. Complaints involving your employment in the state of Missouri are dealt with by the Missouri Department of Labor.

Some matters in employment law are intricate, require quite a bit of research, and are best dealt with by a Missouri employment attorney as a result. But, bear in mind that consulting a Missouri employment lawyer is generally a good idea regardless of your type of case.

Why Hire A Missouri Employment Attorney?

There is a complicated relationship between federal and state law and Missouri wrongful termination and employment cases that must be carefully researched and compellingly asserted if you want to succeed in your case. If you need to file a claim for unpaid wages with the Missouri Department of Labor, argue a claim for wrongful termination or discrimination, or decide whether you have a non-frivolous complaint under Missouri employment law that will not waste your money, a Missouri employment attorney can be of great assistance to you. Moreover, wrongful termination claims in particular can be difficult for an employee to file because by necessity they involve the stress and challenge of dealing with a former employer. A Missouri employment lawyer can ease the stress by communicating with the prior employer and providing important guidance and by explaining your benefits and rights under Missouri employment law.

Wrongful Termination In Missouri

In Missouri, employment is “at-will,” which means that a worker can quit his job whenever he pleases and for whatever reason, and an employer may fire a worker for no reason or any reason so long as the reason is not illegal. If the employee has an employment contract, the employee cannot be fired for reasons not listed in the contract.

In Missouri, an employer’s termination of an employee is against the law it is considered “wrongful termination.” An employer may not fire a worker in Missouri:

  1. for refusing to break the law
  2. in retaliation for filing a safety or discrimination claim
  3. for taking unpaid medical leave under the Family and Medical Leave Act
  4. based on discriminatory factors

Get in touch with a Missouri wrongful termination lawyer if you think you have been wrongfully terminated.

Missouri and federal law prohibit discrimination in employment as stated above. This means that if someone is not hired or is fired because of a disability or because of his age (over 40), but is otherwise qualified for the position, he has been wrongfully terminated. Similarly, race, sex, national origin, and/or religion also cannot be the reason for termination because they are discriminatory, nor can pregnancy if it is viewed as a disability by a worker’s employer. Contact a wrongful termination attorney if you think you have a claim for wrongful termination and want to file a wrongful termination lawsuit.

Employee Wage/Hour Concerns In Missouri

In Missouri, employers must pay their employees at least minimum wage, which is $7.25 an hour. Generally speaking, in Missouri employees must be paid according to an established pay schedule and at least twice a month. If your employer owes you back wages or overtime pay, you should file a Wage Complaint with the Missouri Department of Labor, Division of Labor Standards. It may be useful to have a Missouri employment attorney help you file this claim.

Overtime pay is required when a worker works over 40 hours a week for all hours worked over 40. The rate of overtime is 1.5 times the employee’s normal wage. Overtime pay is mandated by the federal Fair Labor Standards Act and is enforced by the United States Department of Labor, Wage and Hour Division.

If it is unclear to you how to file a claim for wages owed to you by your employer, or if you have specific questions about employee wages, or overtime, be sure to consult a Missouri employment attorney.

Missouri Employment Benefits

Missouri employers need not give their workers holiday pay, vacation pay, severance pay, paid sick leave, or life insurance. However, if the employer does provide vacation benefits and sick leave, he may not discriminate in doing so. Missouri law does not require employers to give their employees meal breaks or other rest breaks, though employers may do so at their discretion. In addition, Missouri law does not mandate that an employee receive short-term disability if he becomes ill or injured for a reason that is not employment related; nor does Missouri law provide maternity leave for expectant mothers. However, federal law does provide 12 weeks of unpaid maternity leave in the Family and Medical Leave Act (FMLA).

Employees injured at workplace accidents as a result of their work, or develop occupational illnesses, may be covered by Missouri disability law. These employees will receive compensation for their injuries. The amount of compensation varies depending on the kind of injury or illness suffered by the employee. Missouri disability law does not provide compensation or benefits to workers who are disabled for reasons unrelated to their jobs.

If you have been injured on the job you need to discuss your case for compensation with a Missouri employment attorney to determine how best to recover. You should also speak to a Missouri employment lawyer if you need an explanation of federal laws and their interaction with Missouri state laws in your case.

Missouri Employment and Labor Law Statutes

Missouri Revised Statutes-Labor and Industrial Relations

  1. Wages, Hours, and Dismissal
    • Mo. Rev. Stats. tit. 18, ch. 290.
  2. Missouri Minimum Wage
    • Mo. Rev. Stats. tit. 18, ch. 290, § 263.
  3. Child Labor
    • Mo. Rev. Stats. tit. 18, ch. 294.
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