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Last updated on: December 28th, 2023
Hours & Pay Regulations
Normal Working Hours
The Fair Labor Standards Act defines the workweek as a fixed and recurring period of 168 hours comprised of seven consecutive 24-hour periods that do not need to coincide with the calendar week. It is adjustable only if the change is designed to be permanent. Each week is considered on its own for purposes of calculating overtime. The hours of two or more weeks may not be averaged.
Under state law, an employer is prohibited from denying a person employment or advancement in employment for refusing to work on his or her normal day of worship.
Time for Travel
Generally, time spent commuting from home to the workplace is not work time. But time spent traveling during normal work hours as part of the job is considered work time and employees are entitled to be paid for this travel time. Such travel time will be taken into account as work time in determining whether employees have been paid the minimum wage.
Overtime
Employers must pay at least 1.5 times the employee’s regular rate of pay once overtime pay is in effect. 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. State and federal law does not allow employees to voluntarily waive their rights to overtime pay and accept straight time instead.
Breaks
Missouri law does not require employers to provide employees 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 maybe addressed by company policy or contract.
Annual Leave
Employers are not required to provide annual leave or annual leave pay. These are benefits given at an employer’s discretion. The exception would be instances where an employer has entered into a contract where certain benefits are established by agreement.
Special Leave
Employers must treat employees disabled by pregnancy, childbirth, or related medical conditions the same as any other employees with short-term disabilities for purposes of sick leave.
Employers must allow employees sufficient time off to vote. Employers can’t retaliate against employees because they engage in certain political activities.
Employees shall be entitled to unpaid leave. The duration of leave shall depend on the size of the employer. Employers with less than 20 employees shall not be eligible for the leave. Employers with more than 20 employees and less than 49 employees shall be eligible for 1 week of unpaid leave per year. If there are more than 50 employees in the workplace, employees shall be entitled to 2 weeks of unpaid leave per year.
VESSA leave, however, is not provided where such leave would result in an employee taking more leave than the amount of unpaid leave allowed under the Family and Medical Leave Act (FMLA). Much like FMLA leave, VESSA leave can be taken intermittently or on a reduced work schedule.
Qualifying Reasons for Leave
VESSA leave is available for any of the following reasons:
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- Seeking medical attention for, or recovering from, physical or psychological injuries caused by domestic or sexual violence
- Against the employee or the employee’s family or household member;
- Obtaining victim services for the employee or the employee’s family or household member;
- Obtaining psychological or other counseling for the employee or the employee’s family or household member;
- Participating in safety planning, including temporary or permanent relocation, or other actions to increase the employee or the employee’s family or household member’s safety from future domestic or sexual violence; and
- Seeking legal assistance to ensure the health and safety of the employee or the employee’s family or household member, including participating in court proceedings related to the violence.
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Employee Eligibility
Employees working for an employer covered by VESSA are eligible to take leave if they are victims of domestic or sexual violence, or they have a family or household member who is a victim of domestic or sexual violence.
Notice Requirement
Employees who wish to take the VESSA leave are required to submit an advance notice at least 48 hours prior to the leave.
An employer shall not terminate, discipline, threaten or take adverse actions against an employee on account of that employee’s receipt of or response to a jury summons. An employee discharged in violation of this section may bring a civil action against his or her employer within ninety days of discharge for recovery of lost wages and other damages caused by the violation and for an order directing reinstatement of the employee. If the employee prevails, the employee shall be entitled to receive a reasonable attorney’s fee. An employee may not be required or requested to use annual, vacation, personal, or sick leave for time spent responding to a summons for jury duty, time spent participating in the jury selection process, or time spent actually serving on a jury. Nothing in this provision shall be construed to require an employer to provide annual, vacation, personal, or sick leave to employees under the provisions of this statute who otherwise are not entitled to such benefits under company policies. A court shall automatically postpone and reschedule the service of a summoned juror of an employer with five or fewer full-time employees, or their equivalent if another employee of that employer has been previously summoned to appear during the same period.
Employers must allow eligible employees to take military leave. Eligible employees are entitled to reemployment rights upon being relieved from active state duty or active duty. Employees are eligible for military leave if they are:
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- Members of the Missouri National Guard or other Missouri military forces are ordered to active state duty by the governor; or
- Missouri employees who are members of another state’s National Guard and are called to active state duty by that state’s governor; or
- Members of any reserve component of the U.S. armed forces are called to active duty.
