Missouri HR Compliance Guide for Employers
Missouri HR compliance: $15 minimum wage, the paid sick leave repeal, MHRA at 6 employees, VESSA leave, and final paycheck rules.
Missouri spent 2025 moving in the opposite direction from most of the country, and this guide shows where that leaves you as an employer there.
Voters approved a statewide paid sick leave mandate in November 2024, which took effect on May 1, 2025, and the legislature repealed it four months later. The minimum wage increase that came in the same ballot measure survived, but the annual inflation adjustments attached to it did not.
The result is a compliance picture that looks nothing like older guidance. Missouri employers now pay $15.00 an hour, owe no paid sick leave, owe no meal or rest breaks, and answer to an anti-discrimination law that starts at six employees rather than one or fifteen. Sick leave is not on its way back either: a proposed constitutional amendment to restore it did not make the November 2026 ballot.
The sections below cover what Missouri actually requires as of 2026: the documents due at hire, how wages and the tip credit work, which leave laws apply and at what headcount, the Missouri Human Rights Act after its 2017 overhaul, final pay rules, and the local earnings taxes in Kansas City and St. Louis that catch employers who assume state registration is the end of it.
| Minimum wage (2026) | $15.00/hr, fixed. Inflation indexing repealed by HB 567 |
| Tip credit | Yes. Pay at least 50 percent ($7.50/hr) plus enough to reach $15.00 with tips |
| Small retail and service exemption | Retail or service business with annual gross income under $500,000 is not subject to the state rate |
| Overtime threshold | 40 hrs/week under the federal Fair Labor Standards Act (FLSA). No state daily overtime |
| Meal and rest breaks | Not required at any shift length. Youth breaks apply only in the entertainment industry |
| Paid sick leave | None. Proposition A requirement repealed effective Aug 28, 2025 |
| Paid family leave | No state program |
| Anti-discrimination threshold (MHRA) | 6 or more employees. Damages capped by employer size |
| VESSA (domestic and sexual violence leave) | 20 or more employees. 1 week; 2 weeks at 50 or more |
| Workers' comp threshold | 5 or more employees. Construction: 1 or more |
| Service letter statute | 7 or more employees. 45 days to respond to a proper written request |
| Mass layoff notice | No state mini-WARN. Federal WARN only, at 100 or more employees |
| Right to work | No. Voters rejected the 2017 law at the ballot in 2018 |
| Non-compete agreements | Enforceable if reasonable in duration, scope, and interest protected |
| Local minimum wage | Preempted statewide, along with local mandates for benefits such as sick leave |
| Pay transparency | Not required in job postings |
| State OSHA plan | None for private sector. Federal OSHA has jurisdiction |
| New hire reporting | Within 20 days, filed with the Department of Revenue |
| Final paycheck (discharge) | Due at dismissal. Penalty wages accrue if unpaid 7 days after written request |
| Local earnings tax | 1 percent in Kansas City and St. Louis; St. Louis payroll expense tax 0.5 percent on employers |
What Makes Missouri Different for Employers
Missouri sits toward the lighter end of the regulatory spectrum, but not uniformly, and the exceptions are where employers get caught. Five things surprise businesses arriving from neighboring states or from guidance published before the 2025 session.
First, there is no paid sick leave requirement anymore. Missouri had one for roughly seventeen weeks in 2025 before the legislature repealed it, so employers who built policies to comply in May now run a voluntary benefit rather than a legal obligation. Whether to keep those policies is a business decision, not a compliance one.
Second, Missouri allows a tip credit. Employers pay tipped employees at least 50 percent of the minimum wage, which is $7.50 per hour in 2026, and cover any shortfall so total compensation reaches $15.00.
Third, the Missouri Human Rights Act (MHRA) starts at six employees. That threshold is unusual. It sits above the one-employee coverage used by states like Minnesota and Illinois and below the fifteen employees federal Title VII requires, which creates a band of small Missouri employers with state obligations but no federal ones.
Fourth, Missouri is not a right-to-work state. The legislature passed a right-to-work law in 2017 and voters rejected it at the ballot in August 2018 by a wide margin. Any guidance describing Missouri as right-to-work is out of date, and this is one of the most persistent errors in multi-state reference material.
Fifth, local minimum wage ordinances are preempted. St. Louis and Kansas City both passed higher local rates and both were nullified by RSMo 290.528 in 2017. Employers pay the state rate everywhere in Missouri.
Employment Law Foundations in Missouri
Missouri follows the employment-at-will doctrine, and the state applies it with fewer judicially created exceptions than most. The Missouri Department of Labor and Industrial Relations (DOLIR) states the position plainly in its wages, hours and dismissal guidance.
At-will employment and its limits
Either party may end the relationship at any time for any lawful reason. The public policy exception, which protects employees fired for refusing to break the law or for reporting wrongdoing, still exists, but SB 43 codified and narrowed it in 2017. The common law wrongful discharge claim became a statutory one carrying the same motivating factor standard SB 43 wrote into the Missouri Human Rights Act.
The practical constraints on termination come from statute rather than common law: the Missouri Human Rights Act, the Whistleblower Protection Act, workers' compensation retaliation protections, and federal law. Handbook language still matters, because a document promising progressive discipline can undercut at-will status.
Key Missouri agencies
Four agencies handle most employment compliance. The Department of Labor and Industrial Relations covers wage and hour law through its Division of Labor Standards, unemployment insurance through the Division of Employment Security, and workers' compensation through its own division. The Missouri Commission on Human Rights enforces the MHRA.
The Department of Revenue handles income tax withholding and also collects new hire reports, which it passes to the Department of Social Services Family Support Division.
Worker classification
Missouri does not use an ABC test, the strict standard that presumes a worker is an employee unless the business proves otherwise. That makes Missouri considerably more permissive than California or Massachusetts, where the presumption of employment shifts the burden onto the business.
Classification in Missouri follows the common law right-to-control analysis, and the Division of Employment Security applies the twenty-factor test originally developed by the IRS, examining behavioral control, financial control, and the nature of the relationship.
Permissive is not the same as unregulated. RSMo 285.500 through 285.515 targets misclassification on public works. For employers with five or more people performing public works, it gives the Attorney General authority to investigate employers who knowingly misclassify workers, and provides for injunctive relief and penalties of $50 per day per worker, up to $50,000.
Where the rule applies, Missouri also requires employers with five or more employees to submit their federal 1099 miscellaneous forms to the Department of Revenue. Because unemployment insurance, workers' compensation, and withholding all turn on the same determination, one wrong call creates exposure in three places at once.
Union representation
Missouri is not a right-to-work state. SB 19 in 2017 would have prohibited union security agreements, but it was suspended pending a referendum and voters rejected it as Proposition A in August 2018. Agreements requiring dues or fees as a condition of employment remain lawful in Missouri private sector workplaces covered by a collective bargaining agreement.
That ballot question shares its name with a different measure, the later Proposition A on wages and sick leave, whose passage and partial repeal come next.
The Proposition A Reversal: What Changed and What Survived
Missouri reversed a voter-approved mandate within months in 2025: the legislature repealed the paid sick time Proposition A created and left its minimum wage increase in place. The sequence matters because obligations existed, then stopped, within a single year, and employers who ran payroll through that period have records showing accrual that later became voluntary.
What survived: the minimum wage increases to $13.75 and then $15.00. What HB 567 added: the extension of minimum wage coverage to public employers. What did not survive: earned paid sick time in its entirety, and the annual CPI adjustment that would have raised the wage automatically from 2027 onward.
One record-keeping note. Prop A required employers to retain records of hours worked and sick time taken for at least three years. The repeal removed the forward obligation but does not retroactively erase claims from the period the law was in effect, so keep the records from that window.
Hiring and Onboarding Requirements
Missouri requires fewer documents at hire than states like California or New York, but the state withholding form and the twenty-day reporting deadline both catch employers who assume federal paperwork is sufficient.
| Document | Deadline | What it is |
|---|---|---|
Form I-9View resource | Section 1 by day 1; Section 2 within 3 business days | Required for all employers. E-Verify is voluntary for private employers in Missouri but required for public employers and businesses receiving state or local contracts or grants over $5,000. |
Form W-4View resource | Before first paycheck | Federal income tax withholding. Missouri also requires a separate state Form MO W-4. These are two different documents and both are needed. |
| Document | Deadline | What it is |
|---|---|---|
Form MO W-4View resource | At hire | Missouri's employee withholding certificate. Required for every new employee. A new form is needed when the employee's filing status changes, and an employee claiming exempt must file a new one every year. |
New hire reportView resource | Within 20 days of hire date | Send a copy of the W-4 or an equivalent report to the Missouri Department of Revenue, which forwards it to the Family Support Division for the state directory of new hires. Required data: employee name, address, Social Security number, hire date, plus employer name, address, and FEIN. Missouri does not require reporting of independent contractors. |
Workers' compensation noticeView resource | At hire and posted | Employers subject to the workers' compensation law must notify employees of coverage and post the required notice showing the carrier and claim reporting process. |
VESSA notice (20 or more employees)View resource | At hire | Employers covered by the Victims Economic Safety and Security Act must deliver the state notice (LS-112) summarizing the right to unpaid leave and reasonable safety accommodations related to domestic or sexual violence. |
Youth work certificate (under 16)View resource | Before the minor starts work | Missouri requires a work certificate for employees aged 14 and 15, issued through the school district. State law requires no breaks for minors outside the entertainment industry. |
New hire reporting
All Missouri employers must report new hires and rehires within 20 days of the hire date. Under RSMo 285.300 the report goes to the Department of Revenue, which forwards the data each week to the Family Support Division for the state directory of new hires.
Reporting is available online, by mail, or by fax, and a copy of the employee's W-4 with the required fields completed can satisfy the format requirement. Missouri does not require reporting of independent contractors, which differs from states such as California and New York. Details are at the Department of Social Services.
Background checks and E-Verify
Missouri has no statewide ban-the-box law covering private employers, so no state statute removes the criminal history question from your job application. Kansas City and Columbia have adopted local ordinances restricting criminal history inquiries by private employers, so check local requirements if you hire in either city.
Statewide, background screening is mandatory in specific care settings: every child care, elder care, personal care, and mental health worker must register with the Family Care Safety Registry, which employers use for background checks.
E-Verify is voluntary for private employers in Missouri but mandatory for public employers and for business entities receiving state or local contracts or grants in excess of $5,000. Federal contractors are covered by federal rules regardless. The federal disclosure and adverse action process under the Fair Credit Reporting Act applies to any background check run through a consumer reporting agency.
Pay transparency and salary history
Missouri requires neither. There is no obligation to publish salary ranges in job postings and no statewide ban on asking applicants about salary history. Kansas City adopted a local salary history restriction applying to private employers, which is worth checking if you hire there.
Employers operating in both Missouri and Illinois should note that Illinois requires pay ranges in postings at fifteen or more employees, so a single job posting covering both states may need to meet the Illinois standard.
Wage and Hour Rules
Missouri wage law follows the federal framework closely, with a higher minimum wage and a handful of state-specific exemptions that matter for small businesses.
Minimum wage and the tip credit
The state minimum wage is $15.00 per hour as of January 1, 2026, published by the Division of Labor Standards. Because HB 567 removed the CPI indexing that Proposition A had scheduled to begin in 2027, this rate is fixed until the legislature or voters change it.
Older St. Louis and Kansas City figures still circulate even though no local rate applies in Missouri. The Missouri minimum wage page carries the current rate, why no increase is scheduled, the tipped rate, the youth wage question, and why no city or county rate applies.
| Category | 2025 | 2026 | Notes |
|---|---|---|---|
| Standard minimum wage | $13.75 | $15.00 | Applies to private and, since HB 567, public employers |
| Tipped minimum cash wage | $6.875 | $7.50 | 50 percent of the minimum. Employer covers any shortfall to reach the full rate |
| Retail or service under $500,000 gross | Exempt from state rate | Exempt from state rate | Federal minimum wage may still apply depending on FLSA coverage |
| Local rates | Preempted | Preempted | RSMo 290.528 bars cities and counties from exceeding the state rate |
The small business exemption
Missouri exempts retail and service businesses with annual gross income under $500,000 from the state minimum wage. This is a genuine exemption, and it is also frequently misapplied. It does not exempt a business from the federal Fair Labor Standards Act, which reaches employees individually engaged in interstate commerce even where the enterprise itself is not covered. Treat the exemption as narrow and get advice before relying on it.
Agriculture exemption
RSMo 290.507 takes much of agriculture out of the state minimum wage law. It exempts farm employers that used no more than 500 man-days of agricultural labor in any calendar quarter of the preceding year, members of the farmer's immediate family, certain piece-rate hand harvest laborers, and workers principally engaged in range production of livestock.
Federal FLSA agricultural provisions still apply, including their own exemptions and the separate child labor rules for agriculture, so this is a narrowing of state coverage rather than a general exemption from wage law.
Overtime
Missouri follows the federal weekly standard: time and a half after 40 hours in a workweek. There is no daily overtime requirement, no seventh-day rule, and no state exempt salary threshold above the federal one. Classification therefore turns entirely on the federal duties and salary tests.
Two Missouri points sit on top of that. Under RSMo 290.505, employees of an amusement or recreation business that meets the federal seasonal criteria are owed overtime only after 52 hours in a week. The same section directs that Missouri overtime be read in accordance with the Fair Labor Standards Act, so an employee exempt federally is exempt from the state requirement too.
Salaried employees under Missouri law
Missouri has no separate rulebook for salaried employees. Paying a salary does not by itself remove the right to overtime, because RSMo 290.505 exempts only employees who are already exempt under the FLSA. The test is the federal one, and a salaried employee who fails the duties test is non-exempt and owed time and a half after 40 hours.
The federal salary level is $684 a week, or $35,568 a year, with a highly compensated threshold of $107,432. Missouri sets nothing above it, so an employer here treating a $40,000 manager as exempt has cleared only the salary half of the test and still has to show that the duties qualify.
Two smaller points follow. A salaried exempt employee has no state break entitlement either, since Missouri requires none for any adult. And RSMo 290.080 lets a corporation pay executive, administrative, and professional employees monthly rather than semimonthly, which is the one place Missouri wage law does treat a salaried employee differently.
Meal and rest breaks
Missouri requires none for adults. An employee may work a twelve-hour shift with no legally mandated break at any point.
When an employer chooses to provide breaks, federal rules govern how they are paid: short breaks of roughly five to twenty minutes count as hours worked and are paid, while a bona fide meal period of thirty minutes or more may be unpaid only if the employee is completely relieved of duty.
Minors get no general break right either. The Division of Labor Standards states that Missouri law requires no break of any kind for youth workers, with one exception: in the entertainment industry, a worker under 16 cannot work more than five and a half hours without a meal break and gets a paid 15-minute rest after each two hours of continuous work.
The question employers ask most here is whether a 15-minute break is required in Missouri. It is not, at any shift length, unless that entertainment rule applies. Give one anyway and it is paid time, because federal rules count a break that short as hours worked. A promise of two paid 15-minute breaks a day is yours, not the state's.
The Missouri Equal Pay Act
RSMo 290.400 through 290.450 prohibits paying a lower wage on the basis of sex for the same quantity and quality of work. It predates the newer equal pay laws several states have enacted, and it is narrower: it addresses sex-based wage differences rather than the broader comparable-work and pay-history restrictions found in California or New York.
An employee paid less on the basis of sex may recover the wage difference in a civil action, and the Labor and Industrial Relations Commission has mediation authority. Federal law sits on top of this, so the federal Equal Pay Act and Title VII both apply to Missouri employers meeting their thresholds.
Prevailing wage on public works
Contractors on Missouri public works projects exceeding $75,000 must pay the applicable prevailing wage rate determined by occupational title for the county where the work is performed, along with the associated certified payroll and posting duties. This is a distinct regime from the state minimum wage and applies regardless of employer size. Construction employers bidding public work should confirm the annual wage order for each county before pricing labor.
Child labor
Missouri regulates the employment of minors under RSMo Chapter 294. Employees aged 14 and 15 generally need a work certificate issued through the school district and face limits on daily and weekly hours and on how late they may work. Certain occupations are prohibited entirely.
Minors in the entertainment industry face additional rules, including required breaks for workers under 16. Missouri's child labor requirements are published by the Division of Labor Standards, and federal child labor rules apply alongside them.
Pay frequency and statements
Under RSMo 290.080, corporations doing business in Missouri must pay wages at least semimonthly, within sixteen days of the close of each payroll period. The same section requires them to give each employee, at least once a month, a statement showing the total amount of deductions for the period.
Leave Requirements in Missouri
With paid sick leave repealed, Missouri's leave landscape is thin by national standards, but three state obligations remain: domestic and sexual violence leave, jury duty protection, and voting leave.
| Leave type | Threshold | Duration | Paid? |
|---|---|---|---|
| Paid sick leave | None | Repealed effective Aug 28, 2025 | Not required |
| Paid family and medical leave | None | No state program | Not required |
| VESSA (domestic or sexual violence) | 20 or more employees | 1 week per year; 2 weeks at 50 or more | Unpaid |
| Federal FMLA | 50 or more employees within 75 miles | 12 weeks | Unpaid |
| Jury duty | All employers | Duration of service | Unpaid; discharge or discipline prohibited |
| Voting leave | All employers | Up to 3 hours | Paid, if the employee lacks 3 consecutive non-work hours while polls are open |
| Military leave | All employers | Per USERRA and state law | Unpaid under federal law |
Pregnancy accommodation and lactation
Missouri has no standalone pregnancy accommodation statute of the kind California and Minnesota enacted, so the obligations come from elsewhere. The MHRA prohibits sex discrimination at six or more employees, and the Commission's sex discrimination regulation treats excluding someone because of pregnancy as a violation.
The federal Pregnant Workers Fairness Act requires reasonable accommodation for pregnancy and related conditions at fifteen or more employees, and the federal PUMP Act requires reasonable break time and a private space that is not a bathroom for nursing employees, reaching nearly all employers. An employer relying on Missouri statute alone will therefore miss most of what actually applies.
VESSA: the obligation most Missouri employers miss
The Victims Economic Safety and Security Act (VESSA) took effect August 28, 2021 and sits at RSMo 285.625 through 285.670. Employers with 20 or more employees must provide unpaid leave to an employee who is a victim of domestic or sexual violence, or whose family or household member is, for purposes including medical treatment, victim services, counseling, safety planning or relocation, and legal proceedings.
The entitlement is one week per twelve-month period for employers with 20 to 49 employees and two weeks for employers with 50 or more. Leave may be taken intermittently or on a reduced schedule. The statute creates no right to unpaid leave beyond the amount the federal FMLA allows.
Employees are expected to give 48 hours' notice where practicable. Where an absence is unscheduled, the employer may not act against the employee who provides certification within a reasonable time.
VESSA also requires reasonable safety accommodations, which can include adjusted job structure or workplace facilities, a modified schedule, a transfer, a changed phone number or work station, and assistance documenting violence that occurs at work. Employers must deliver the state's LS-112 notice of these rights to each employee at the start of employment.
The Missouri Human Rights Act
The MHRA at RSMo Chapter 213 is enforced by the Missouri Commission on Human Rights. Its shape changed substantially with SB 43, effective August 28, 2017, which moved Missouri from one of the more plaintiff-friendly states to one aligned with federal standards.
| Feature | MHRA | Federal Title VII |
|---|---|---|
| Employer threshold | 6 or more employees | 15 or more employees |
| Causation standard | Motivating factor, since SB 43 | Motivating factor |
| Individual supervisor liability | Eliminated by SB 43 | Not available |
| Damage caps | Tied to employer size, $50,000 to $500,000 | Tied to employer size, $50,000 to $300,000 |
| Age protection | 40 through 69 | 40 and over, no upper limit |
| Filing deadline | 180 days from the alleged act | 180 or 300 days depending on state |
| Attorney fees | Recoverable and not subject to the cap | Recoverable |
Protected classes
The MHRA covers race, color, religion, national origin, ancestry, sex, disability, and age between 40 and 69. It does not enumerate sexual orientation or gender identity, though federal Title VII protections established in Bostock v. Clayton County apply to Missouri employers at fifteen or more employees.
Employers with six to fourteen employees therefore face a coverage gap: the state statute does not list those classes, and Title VII does not yet apply. A single, consistent set of policies is the simplest way to close it.
Damage caps by employer size
SB 43 introduced caps on combined compensatory and punitive damages: $50,000 for employers with 6 to 100 employees, $100,000 for 101 to 200, $200,000 for 201 to 500, and $500,000 for more than 500. Back pay and interest sit outside the cap, as do attorney fees.
Whistleblower Protection Act
SB 43 also codified Missouri's whistleblower claim at RSMo 285.575, replacing the common law public policy discharge action. It uses the same motivating factor standard and protects employees who report an unlawful act to the proper authorities, report serious misconduct that violates public policy to the employer, or refuse to carry out a directive that would violate law.
Remedies under the whistleblower statute include back pay, medical bills, liquidated damages, and attorney fees. Harassment prevention training is not mandated by Missouri statute, unlike California and Illinois.
Workplace Safety and Workers Compensation
Missouri splits this topic in two: workers' compensation is a state-law insurance requirement with its own coverage rules, while private sector safety standards come entirely from federal OSHA.
Workers compensation
Missouri requires workers' compensation coverage from employers with five or more employees. Construction industry employers are covered at one or more employee, with no minimum. Coverage is obtained through a private carrier, through group self-insurance, or by qualifying as self-insured with the Division of Workers' Compensation. Sole proprietors and partners are not covered unless they elect coverage with their insurer, while LLC members are covered unless they opt out.
The Missouri workers compensation page has the detail: the headcount at which coverage becomes mandatory, who is excluded, where to buy the policy, the injury reporting deadlines, and what going without coverage costs.
Injured employees receive no compensation for the first three days of lost time unless the disability extends beyond fourteen days, at which point the first three days become payable. Retaliation for filing a claim is prohibited. Missouri also reduces or forfeits benefits where an employee refuses a lawfully required post-injury drug or alcohol test, or where the injury results from a safety rule violation the employer had enforced.
Occupational safety
Missouri has no state OSHA plan for the private sector. Federal OSHA has direct jurisdiction over private employers. The Division of Labor Standards runs a free On-Site Safety and Health Consultation Program that assists small businesses with an OSHA-style mock inspection carrying no fines or penalties, and it takes safety complaints from public sector employees.
For a private Missouri employer, that means following federal OSHA standards, recordkeeping, and reporting deadlines without a state overlay, which is simpler than the position in states operating their own plans.
Required Workplace Postings
Missouri's required state poster set is short. All state posters are available free from the Department of Labor and Industrial Relations. There is no requirement to buy a combined poster from a vendor.
| Poster | Source |
|---|---|
| Missouri Minimum Wage | DOLIR, updated annually |
| Workers' Compensation Notice (carrier and claim process) | Division of Workers' Compensation |
| Unemployment Insurance (MODES-B-2) | Division of Employment Security |
| Discrimination in Employment | Missouri Commission on Human Rights |
| Discrimination in Public Accommodations | MCHR, if applicable |
| Youth Employment (if employing minors) | Division of Labor Standards |
| Domestic and Sexual Violence Leave notice, LS-112 (20 or more employees) | DOLIR, delivered to each employee |
| Federal minimum wage and FLSA | US DOL |
| OSHA Job Safety and Health | Federal OSHA |
| EEOC Know Your Rights | Federal EEOC |
| USERRA (military service rights) | US DOL |
| FMLA (50 or more employees) | US DOL |
Employers with remote workers should distribute the same notices electronically. Missouri does not impose an explicit electronic distribution mandate the way some states do, but a poster on a wall no remote employee sees does not accomplish what posting is meant to accomplish, and several federal notices carry their own distribution expectations.
Drug Testing and Employee Privacy
Missouri gives employers wide latitude on both: you may keep a drug-free workplace despite legal cannabis, and state law puts few privacy limits on personnel files or workplace recording.
Cannabis and drug testing
Missouri legalized recreational cannabis through Amendment 3 in December 2022, and its protections for employees are narrower than in several other states. Employers may prohibit cannabis use and impairment at work and may maintain drug-free workplace policies.
Missouri does not extend the broad off-duty use protections found in states such as California and Minnesota, though medical marijuana patients receive some protection under the constitutional amendment. Because this area is unsettled and fact-specific, an employer changing its testing policy should get advice rather than copying a policy from another state.
Workers' compensation gives Missouri employers a distinct incentive to maintain post-injury testing. An employee who refuses a lawfully required test after a workplace injury can lose benefits. Where an employee breaks the employer's drug or alcohol rule, RSMo 287.120 cuts benefits by half if the injury happened in conjunction with that use, and forfeits them if the use caused the injury.
Personnel files, recording, and monitoring
Missouri has no statute giving private sector employees a general right to inspect their own personnel files, which distinguishes it from California, Minnesota, and Illinois. Employers may adopt their own access policy, and doing so is reasonable practice even though it is not required.
Missouri is a one-party consent state for recording conversations. One participant may record without notifying the others, provided the recording is not made for a criminal or tortious purpose. Employers may restrict recording in the workplace by written policy. Missouri has a data breach notification statute requiring notice without unreasonable delay to affected residents, enforced by the Attorney General.
Termination and Final Pay
Ending employment in Missouri brings two state-specific duties to plan for: prompt final pay after a discharge and, for corporations with seven or more employees, a service letter on request.
Final paycheck
Under RSMo 290.110, when an employer discharges an employee, wages are due at the time of dismissal. If the employee makes a written request for payment and the employer does not pay within seven days, the employee's wages continue as a penalty until paid, for up to sixty days.
Missouri does not set a separate statutory deadline for employees who resign, so the next regular payday is the working standard.
The service letter statute: Missouri's most unusual obligation
Under RSMo 290.140, a corporation doing business in Missouri with seven or more employees must issue a written service letter on request from a former employee. Employers arriving from other states have usually never encountered anything like it.
Four conditions have to be met before the duty attaches. First, the employee must have worked at least 90 days. Second, the separation must have occurred within the past year. Third, the request must be in writing and sent by certified mail to the superintendent, manager, or registered agent. Fourth, it must specifically reference the statute.
Once all four conditions are met, the employer has 45 days to issue a signed letter stating the nature and character of the service rendered, its duration, and truly stating the cause of the discharge or voluntary quit.
Mass layoffs: federal WARN only
Missouri has no state mini-WARN act. Federal WARN governs, which means 60 days' advance notice for employers with 100 or more employees before a plant closing affecting 50 or more workers or a mass layoff meeting the statutory thresholds. Employers below 100 employees have no advance notice obligation under either federal or Missouri law.
A covered employer also sends its WARN notice to the state's designated rapid response agency, the unit that organizes help for laid-off workers. A smaller employer can contact that agency voluntarily, and doing so early is useful.
Health coverage continuation
Missouri handles continuation coverage, which lets a departing employee keep group health insurance, through the insurance code rather than through a separate small-employer statute. RSMo 376.428 requires group health policies issued in Missouri to provide continuation on termination of employment in the same manner federal COBRA requires.
Employees of smaller employers whose plans fall outside federal COBRA may therefore still have continuation rights through the policy itself. Because the mechanism sits with the carrier rather than with the employer directly, confirm with your carrier what the policy provides and who is responsible for issuing election notices.
Non-compete agreements
Missouri enforces non-compete agreements that are reasonable in duration, geographic scope, and the interest protected, which typically means trade secrets or customer relationships rather than ordinary competition. Missouri courts will modify an overbroad agreement rather than voiding it outright. This is a meaningful contrast with Minnesota, which banned non-competes outright in 2023, and employers operating in both states cannot use one template.
RSMo 431.202 adds a statutory rule for employee non-solicitation covenants. A reasonable written promise not to solicit or hire away the employer's staff is enforceable when it protects confidential information or customer relationships, or when it lasts no more than one year after employment. That one-year route does not cover employees who provide only secretarial or clerical services.
Unemployment and separation
Missouri unemployment benefits are administered by the Division of Employment Security. Claimants discharged for misconduct connected with work, or who quit voluntarily without good cause attributable to the work or the employer, may be disqualified. The claim notice gives the employer 10 days to submit a protest, so respond within that window and attach the documentation.
Payroll Tax and Registration
Missouri employers register with two state agencies plus, in two cities, a local one.
State income tax withholding
According to the Department of Revenue's 2026 withholding formula, the first $1,348 of Missouri taxable income carries a 0 percent rate, and graduated rates then run from 2 percent to a top rate of 4.7 percent, the same top rate as in 2025. Withholding is calculated using Form MO W-4, which every employee completes in addition to the federal W-4.
Registration and filing run through the Department of Revenue. Returns are due monthly, quarterly, or annually depending on withholding volume, and an employer that withheld $9,000 or more in each of at least two of the prior 12 months remits quarter-monthly, meaning four times a month.
| Payroll item | 2026 figure | Who pays | Notes |
|---|---|---|---|
| State income tax withholding | 0 percent on the first $1,348, then 2 percent to 4.7 percent | Withheld from employee | Calculated from Form MO W-4 and the annual withholding formula |
| Supplemental wage flat rate | 4.7 percent | Withheld from employee | Applies to bonuses and separately paid supplemental wages |
| Standard deduction, single or married spouse works | $16,100 | Not applicable | Built into the withholding formula |
| Standard deduction, married spouse does not work | $32,200 | Not applicable | Selected by checkbox on Form MO W-4 |
| Standard deduction, head of household | $24,150 | Not applicable | Built into the withholding formula |
| New employer unemployment rate | 2.376 percent; 1 percent for nonprofits | Employer only | Assigned until the employer qualifies for an experience rate |
| Experienced employer unemployment rate | Zero to 6 percent, before surcharges | Employer only | Based on claims history. Wage base is set annually by DOLIR |
| Kansas City and St. Louis earnings tax | 1 percent | Withheld from employee | Residents wherever they work; nonresidents for work inside the city |
| St. Louis payroll expense tax | 0.5 percent | Employer only | Assessed on total payroll for work performed in the city |
Unemployment insurance
Employers register with the Division of Employment Security. New employers receive an assigned rate based on industrial classification, though for 2026, it is 2.376 percent in every classification apart from the 1 percent rate for nonprofits. Experienced employers are rated on their claims history. Quarterly contribution and wage reports are due by the last day of the month following each quarter.
Missouri's taxable wage base is adjusted each year within a statutory band of $7,000 to $13,000. You cannot change the base, so keeping claims down to hold your experience rate is the main way to control this cost.
Garnishment, deductions, and pay reductions
Missouri's garnishment limits mirror the federal cap and add a more protective 10 percent ceiling for an employee who is the head of a family and a Missouri resident. Child support orders follow their own schedule.
The applicable garnishment percentage depends on the order type and the employee's circumstances, so the safe practice is to apply the limit stated in the order and to confirm rather than assume when two orders arrive for the same employee. Missouri also bars discharging an employee because their earnings were garnished for any one debt.
On wage payment, the Division of Labor Standards says an employer may deduct for cash register shortages, damage to equipment, or similar reasons, as long as the deduction does not take the employee below the minimum wage. That floor is the only condition the Division names, but a signed authorization for each deduction is the record that settles a later dispute.
Cutting an employee's pay rate works differently. Missouri requires 30 days' advance written notice before a wage reduction, though not for fewer hours or a move to a different position. Under RSMo 290.100, a company or corporation that skips the notice owes each affected employee $50.
Workers compensation premiums
Premiums are set by carriers based on classification codes and experience modification. Missouri also assesses surcharges on workers' compensation premiums to fund the Division and the Second Injury Fund, collected through the carrier rather than paid separately.
Kansas City and St. Louis
Local minimum wages are preempted, but local taxes are not, and this is where multi-location employers most often have a gap.
| Obligation | Kansas City | St. Louis |
|---|---|---|
| Earnings tax on employees | 1 percent of gross compensation | 1 percent of gross compensation |
| Payroll expense tax on employers | Not applicable | 0.5 percent of payroll for work in the city |
| Who is covered | Residents anywhere, and non-residents for work performed in the city | Residents anywhere, and non-residents for work performed in the city |
| Withholding responsibility | Employer withholds and remits | Employer withholds and remits |
| Minimum wage | State rate, preempted | State rate, preempted |
| Local hiring restrictions | Ban-the-box and salary history ordinances apply to private employers | Check current city ordinances |
City residents owe the earnings tax wherever they work. For nonresidents, it follows the work location, not the office address: a company headquartered in a suburb whose employees perform work inside city limits owes withholding on that portion of compensation. Employers with field staff, delivery routes, or client sites across the metro should track work location rather than assuming the headquarters address settles it.
Missouri Requirements by Employer Size
Missouri spreads its thresholds across more headcounts than most states, and they do not line up with the federal ones. A business that grows through five, six, and seven employees picks up three separate obligations from three different chapters of the statutes. This table is the fastest way to see what applies to you right now and what arrives next.
| Headcount | What applies at this level |
|---|---|
| 1 or more | At-will employment, minimum wage and FLSA overtime, Form MO W-4 withholding, new hire reporting within 20 days, unemployment insurance registration, jury duty and voting leave, child labor rules, federal I-9, PUMP Act lactation breaks. Workers' compensation applies at one employee in construction |
| 5 or more | Workers' compensation insurance required for non-construction employers |
| 6 or more | Missouri Human Rights Act and the Missouri Whistleblower Protection Act |
| 7 or more | Service letter statute. Corporations must respond to a proper written request within 45 days |
| 15 or more | Federal Title VII, the ADA, GINA, and the Pregnant Workers Fairness Act |
| 20 or more | VESSA leave of 1 week per year, federal COBRA, federal ADEA |
| 50 or more | Federal FMLA, VESSA leave of 2 weeks per year |
| 100 or more | Federal WARN Act notice and annual EEO-1 reporting |
Employee Handbook Policies
Missouri mandates fewer written policies than California or Illinois, which leads some employers to conclude the handbook matters less here. The opposite is closer to the truth. Because Missouri law is silent on paid time off payout, and because the service letter statute will eventually ask you to state a separation reason in writing, your own documents supply the rules that statute does not.
| Policy | Required by Missouri law? | Why it matters here |
|---|---|---|
| At-will employment statement | No | Missouri applies at-will strictly, but a handbook promising progressive discipline can undercut it. The disclaimer is the protection |
| Paid time off and vacation payout | No | The single highest-value policy in Missouri. Payout at separation is owed only if your policy says so, and ambiguous wording is read against the employer |
| Anti-harassment and discrimination | Not mandated by statute | Missouri requires no training and no policy, but at six or more employees the MHRA applies and a documented policy plus complaint route is the practical defense |
| Workers' compensation notice | Yes | Employers subject to the law must notify employees of coverage and post the required notice |
| VESSA notice and leave policy | Yes at 20 or more employees | Covered employers must inform employees of leave rights and reasonable safety accommodations |
| Drug and alcohol testing policy | Only if you test | Also relevant to workers' compensation, where refusal of a lawful post-injury test can forfeit benefits |
| Wage deduction authorization | No | Deductions for shortages or damaged equipment are allowed if pay stays at or above minimum wage. A signed authorization documents each one |
| Recording and monitoring policy | No | Missouri is one-party consent, so a written policy is the only thing restricting workplace recording |
| Personnel file access policy | No | Missouri gives private sector employees no statutory access right. A voluntary policy avoids ad hoc decisions |
Arbitration agreements: the Missouri consideration problem
Employers rolling out a national arbitration agreement should stop at Missouri. The Missouri Supreme Court held in Baker v. Bristol Care that continued at-will employment is not valid consideration, meaning something of value given in exchange, for an arbitration agreement. It also held that an employer's promise to arbitrate is illusory, binding the employer to nothing, where the employer can modify or revoke the agreement.
Later appellate decisions extended the reasoning: because the terms of at-will employment are imposed unilaterally, even new employment has been held insufficient.
Whatever you decide on arbitration, two handbook points deserve attention together. The paid time off payout rule and the service letter statute both turn on what you wrote down earlier, and both surface at separation, which is exactly when memories differ. Settling the wording once, in a document employees acknowledge at hire, removes most of the argument.
Missouri vs Federal vs Illinois
The St. Louis metro crosses into Illinois, which makes this the most useful comparison for a large share of Missouri employers. The two states differ more than almost any other adjacent pair in the region.
| Parameter | Missouri | Federal | Illinois |
|---|---|---|---|
| Minimum wage 2026 | $15.00, fixed | $7.25 | $15.00; Chicago higher |
| Tip credit | Yes, 50 percent | Yes | Yes, up to 40 percent; 24 percent in Chicago |
| Paid leave mandate | None | None | 40 hours per year, all employers, any reason |
| Meal breaks | Not required for adults | Not required | Required on longer shifts |
| Anti-discrimination threshold | 6 employees | 15 employees | 1 employee |
| Harassment training | Not mandated by statute | Not mandated | Annual, all employers |
| Domestic violence leave | 20 or more employees | None | 1 or more employees, tiered up to 12 weeks |
| Pay transparency in postings | Not required | Not required | Required at 15 or more employees |
| Non-compete agreements | Enforceable if reasonable | No federal ban | Restricted by salary thresholds |
| Right to work | No | Not applicable | No |
| Local wage ordinances | Preempted | Not applicable | Permitted |
| Personnel file access right | No statute | None | Yes |
| Service letter on request | Yes, at 7 or more employees | None | None |
| Mass layoff notice | Federal WARN only | 100 or more employees | State mini-WARN at 75 or more |
The pattern is consistent. Missouri sets a high wage floor and then requires comparatively little else, while Illinois layers mandates on top of a similar wage. An employer moving a role across the river inherits paid leave, annual training, and a one-employee discrimination threshold.
Legislative Timeline
Missouri's employment law has moved through ballot measures as well as ordinary legislation, and the two have reversed each other more than once: voters undid the 2017 right-to-work law, and the legislature undid the 2024 sick leave mandate.
Because these rules have reversed more than once, treat Missouri compliance as a set of habits rather than a one-time review. Compare your headcount with the size table every time you hire, confirm your payroll system runs the current withholding formula, keep your paid time off payout rule in writing, and document each termination reason at the time it happens.

Frequently Asked Questions
Does Missouri require paid sick leave in 2026?
No. Missouri voters approved earned paid sick time through Proposition A in November 2024, and it took effect on May 1, 2025. The legislature repealed it through House Bill 567, which Governor Kehoe signed on July 10, 2025, with the repeal effective August 28, 2025. Employers were obligated to provide paid sick time for roughly seventeen weeks, and that obligation then ended. As of 2026 no Missouri statute requires paid or unpaid sick leave beyond federal FMLA protections. Employers may offer it voluntarily. Supporters filed a constitutional amendment to bring the requirement back, but it is not among the measures certified for the November 2026 ballot, so no return of the mandate is scheduled.
What is the Missouri minimum wage in 2026?
The Missouri minimum wage is $15.00 an hour, the rate in force since January 1, 2026. Proposition A set that figure, and HB 567 kept the raise while scrapping the yearly cost-of-living increases planned to start in 2027. With no automatic adjustment left, the number holds until lawmakers or voters decide otherwise. Tipped staff must receive a cash wage of at least $7.50 an hour, which is 50 percent of the full rate, as long as tips make up the rest; whenever they fall short, the employer pays the difference so the worker ends up with at least $15.00. A retail or service business whose annual gross income is under $500,000 sits outside the state rate, but the federal minimum wage can still reach it.
Is Missouri a right-to-work state?
No. Missouri lawmakers passed a right-to-work law in 2017, but it was put on hold pending a referendum, and in August 2018 voters threw it out by roughly two to one. That means union security agreements, the contract clauses that make paying union dues or fees a condition of keeping the job, are still lawful wherever a collective bargaining agreement covers a Missouri private sector workplace. Few states have taken up right-to-work and then turned it down, so Missouri is in unusual company here. Guidance written before 2019 often still describes Missouri as right-to-work, which is simply out of date.
Does Missouri require meal or rest breaks?
No. Nothing in Missouri law entitles an adult employee to a meal period or a rest break, however long the shift runs, so an eight or twelve hour shift with no break at all is legal. The same holds for most workers under 16. The single exception is the entertainment industry, where anyone under 16 needs a meal break before working past five and a half hours and a paid 15-minute rest after every two hours of continuous work. Once you decide to offer breaks, federal pay rules take over: a short break of about five to twenty minutes is paid working time, and a meal period of thirty minutes or more can go unpaid only when the employee is fully relieved of duty.
How many employees before the Missouri Human Rights Act applies?
Six. The MHRA defines a covered employer as one with six or more employees for each working day in twenty or more calendar weeks in the current or preceding year. That threshold sits between the one-employee coverage some states use and the fifteen-employee threshold under federal Title VII, so a Missouri business with six to fourteen employees has state anti-discrimination obligations even though federal law does not yet reach it. Since SB 43 took effect in August 2017, plaintiffs must meet a motivating factor standard, individual supervisors can no longer be sued personally under the Act, and damages are capped based on employer size.
When is a final paycheck due in Missouri?
Immediately, if you fired the employee: the earned wages are payable at dismissal under RSMo 290.110. Should the employee then ask for payment in writing and you fail to pay within seven days, their wages keep running as a penalty until you pay, for no more than sixty days. An employee who quits is a different case, because no statute sets a deadline for resignations, so the next scheduled payday is the accepted practice. Unused vacation or paid time off is owed at separation only when your own policy or an agreement promises it, which means the way your handbook words that policy decides what you owe when someone leaves.
Can Kansas City or St. Louis set a higher minimum wage than the state?
No. RSMo 290.528, in force since August 28, 2017, forbids any Missouri city, county, or other political subdivision from requiring a minimum or living wage above the state figure, and it nullified the ordinances St. Louis and Kansas City had adopted. Kansas City voters had approved a $10 local wage only weeks earlier. Missouri employers therefore pay the state rate everywhere in the state. The statute reaches benefits as well as pay: its definition of employment benefits covers time off, paid or unpaid, for illness, vacations, and holidays, which means neither city can impose its own paid sick leave rule to replace the repealed state requirement. Local earnings taxes are a separate matter and still apply.
What is a Missouri service letter and do I have to respond?
Yes, provided your business is a corporation with seven or more employees and the former employee asks the right way. Under RSMo 290.140 the request has to arrive in writing by certified mail, cite the statute, and come from someone who worked for you at least 90 days and left within the past year. You then have 45 days to send a signed letter describing the kind of work the person did, how long they did it, and the true reason the job ended, whether you let them go or they resigned. The two ways to get this wrong are priced differently: a letter that misstates the reason exposes you to compensatory damages, while ignoring the request altogether opens the door to nominal and punitive damages. Because these requests can look like routine mail, have them go straight to the person who keeps termination records.
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