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Nobody ever said running a business was easy. As an employer, you have many things to handle, and compliance is just one of them.
In addition to U.S. Federal regulations, each state has its own share of employment-related laws that business owners need to be aware of. Here, we’re highlighting some of these key state-specific requirements, and offering guidance to help you keep up.
Bear in mind that this list is not comprehensive, and there may be local or industry-specific employment requirements that your business needs to comply with. It’s best to consult with counsel to ensure compliance with all applicable laws, as Justworks does not provide legal advice.
Payroll Tax Accounts
Because Justworks reports state unemployment taxes on your behalf, Justworks may need to collect account information such as your account number and current rate. You can read more about it here: State Unemployment Insurance.
Recruiting & Hiring Practices
Salary History Ban
Missouri does not have a statewide law barring inquiries into job applicant salary history. However, Kansas City prohibits employers from inquiring about salary history and considering salary history in hiring and salary decisions, among other requirements.
Mineral*: Kansas City, Missouri Pay Equity and Transparency
Ban-the-Box
Missouri does not have a statewide law prohibiting pre-employment questions related to a job applicant’s criminal history.
St. Louis, Kansas City, and Columbia have implemented ordinances which ban employers from asking job applicants about their prior criminal records during the hiring process. City ordinances vary and employers should familiarize themselves with relevant bans.
Mineral*: St. Louis, Missouri Applicant and Employee Screening
Mineral*: Kansas City, Missouri Applicant and Employee Screening
Mineral*: Columbia, Missouri Applicant and Employee Screening
Posting Requirements
Missouri employers are required to post notices to all employees informing them of their rights and responsibilities under state and local laws.
Justworks PEO customers who opt into the compliance poster service offered via Justworks will be provided with most required posters for their office location(s) and remote employee(s). You can read our Help Center article on compliance posters for more information.
Missouri Department of Labor (DOL): Mandatory Posters/Notices
Mineral*: Missouri Posting Requirements
Independent Contractors
When deciding whether to classify workers as employees or independent contractors, there are a few things your business should consider, including the different tests that apply under different federal and state employment laws, and the potential penalties and other liabilities for misclassifying employees as independent contractors.
You can read our general Help Center article on contractors, and view information on how to determine if someone is a contractor or employee in Missouri in the relevant section at the link below.
Missouri DOL: Off the Books
Mineral*: Missouri Independent Contractors
Pay Requirements
Minimum Wage & Overtime
Missouri has a statewide minimum wage that exceeds current federal requirements. Further information on minimum wage, overtime, and other related rules and regulations in Missouri can be found at the links below.
Missouri DOL: Minimum Wage
Mineral*: Missouri Minimum Wage and Overtime
Paid Time Off to Vote
Missouri employers must provide employees with three hours of paid time off to vote between the opening and closing of polls, unless there are three successive nonworking hours during the time the polls are open.
Mineral*: Missouri Voting Leave
Leave
Jury Duty & Court Leave
Missouri has few mandates regarding leaves of absence or time off, but the state does require most employers to provide unpaid leave to employees for jury duty summons and court proceedings.
Mineral*: Missouri Jury Duty & Court Leave
Harassment & Discrimination
In addition to protections under Federal law, Missouri law prohibits employment discrimination based on membership in any protected class by employers covered under Missouri's anti-discrimination laws. The Missouri Human Rights Act covers employers with 6 or more employees and prohibits discriminatory employment practices.
Missouri DOL: Discrimination
Mineral*: Missouri Employment Discrimination and Accommodations
Separation
Final Pay & Document Requirements
Missouri employers with at least 7 employees must provide a termination letter to separating employees upon demand from the employee. The letter should outline the nature and character of the service(s) rendered, duration of service, and state the reason for the employee’s discharge or voluntary resignation. The employer should provide the letter within 45 days of the employee’s demand.
Missouri law requires that employees be paid their owed wages at the time of separation if the separation is involuntary. For voluntary resignations, the final pay can be paid out with the next regular payroll.
Accrued, unused vacation time need not be paid out to the employee unless the employer’s policy requires it. Employers should clearly set forth in writing any policy with respect to unused vacation.
Missouri DOL: Wages, Hours and Dismissal Rights
Mineral*: Missouri Separation
Business Closings and Layoffs
The Federal Worker Adjustment and Retraining Notification (WARN) Act imposes certain notice and other obligations on covered businesses before conducting large-scale business closures, layoffs, or relocations. Missouri does not expand upon WARN, but employers who may be required to file notice under federal law can do so with the state’s Dislocated Worker Unit and any required local units when applicable. For more information, visit the links below.
U.S. Department of Labor: Worker Adjustment and Retraining Notification (WARN) Act Advisor
US DOL: Plant Closings and Layoffs (WARN)
Missouri Office of Workforce Development: Worker Adjustment and Retraining Notification (WARN)
Mineral*: Missouri Layoffs
Notes
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Disclaimer
This material has been prepared for informational purposes only, and is not intended to provide, and should not be relied on for, legal or tax advice. If you have any legal or tax questions regarding this content or related issues, then you should consult with your professional legal or tax advisor.