CHILD LABOR LAW

For over 30 years, federal child labor laws have permitted children to be employed in the entertainment industry. As of August 28, 1995, Missouri allows the same exemption. Now, children under the age of 16 may receive a work permit from the Division of Labor Standards. The work permit will allow a child to be employed in a motion picture, commercial, television or radio production, theatrical production, modeling, horse show, rodeo or musical performance. Children 14 or 15 years of age must obtain a work certificate from the superintendent of the public school district where the minor lives to be employed from Labor Day to June 1. There may be a few exceptions, depending on whether or not the child is exempt from schooling guidelines or if the Division has issued the child an entertainment industry work permit. Normal work hours for children under 16 may not be before 7 a.m. or after 9 p.m. from June 1 to Labor Day. From Labor Day to June 1, children under 16 may not be employed after 7 p.m.

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PREVAILING WAGE LAW
The Division of Labor Standards provides assistance with Missouri’s Prevailing Wage Laws and enforcement when necessary. This law provides for certain wages to be paid to workers on all public works projects involving fixed works constructed for public use or benefit or paid for wholly or in part out of public funds. Workers are to be paid the applicable prevailing wage hourly rate of wages for the type of work performed. The wage rates are determined by considering wage rate information from wage surveys and collective bargaining agreements that are generally paid in the county.

DIVISION OF LABOR STANDARDS INFORMATION SERIES

THEATRICAL BOOKING AGENCIES
Private employment agencies are required to be licensed with the Division of Labor Standards under Chapter 289, Revised Statutes of Missouri. To receive information on licensing, contact the Division at the number below. For information on obtaining a copy of any of the Laws mentioned in this brochure, please contact: Missouri Dept. of Labor & Industrial Relations DIVISION OF LABOR STANDARDS P.O. Box 449 Jefferson City, MO 65102-0449 1-800-475-2130 (573) 751-3403 Fax: (573) 751-3721
Internet Address: laborstandards@dolir.state.mo.us
RELAY MISSOURI SERVICE: Voice User Calling A Hearing/Speech Impaired User 1-800-735-2466 (VOICE) Hearing/Speech Impaired User Calling a Voice User 1-800-735-2966 (TDD)

MISSOURI Wage and Hour Law

MINIMUM WAGE LAW
The minimum wage in Missouri was changed to $5.15 per hour as of September 1, 1997 which is the same rate set under the provisions of federal law. The Missouri minimum wage law does not apply to: Any individual who receives a minimum wage under the provisions of the Fair Labor Standards Act, or any individual who is employed in any government position. Any individual employed by a retail or service business whose annual gross volume sales made or business done is less than five hundred thousand dollars.

Missouri Department of Labor and Industrial Relations DIVISION OF LABOR STANDARDS

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Most Asked Questions For Employers and Employees
(private legal suit) in Small Claims Court if the amount claimed is under $3,000.00 or by private legal counsel for a greater amount. 4. If an employee quits their job when are their final wages due to them? Missouri law does not address when wages become due after quitting a job. We suggest that if the wages are not paid by the next regular pay period, then the wages would have to be collected by civil action. If the amount claimed is less than $3,000.00, suit could be filed in Small Claims Court or by private legal counsel for a greater amount. 5. What does an employee need to do to request a “Letter of Dismissal”? If an employee had worked for a corporation for over 90 days and it had 7 or more employees the employee would be entitled to a Letter of Dismissal. The employee should request the letter of dismissal by certified mail according to section 290.140 RSMo. The employer has 45 days to respond. The letter should state how long the employee was employed, the nature and character of work performed and why they are no longer employed there. If they do not respond in the 45 day period, it could be handled by civil action. 6. Does an employer have to furnish their employees with a statement of deductions? At least once a month an employer must furnish employees a statement of deductions as part of a check or separate document. If an employee is not furnished with a statement of deductions, civil action would need to be taken. 7. Can an employer require their employees to work more than 8 hours a day or more than 40 hours per week? There are no Missouri laws which restrict the number of hours an employer can require an employee to work. If the employee refuses to

Wage and Hour

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Many inquires are received by the Division of Labor Standards regarding wage and hour situations in the State of Missouri. The courts of Missouri follow a “Employment-atWill” doctrine, which generally means that both the employee and employer can terminate the employment relationship at any time and for any reason, as long as it is not discrimination under the Civil Rights Act. In the absence of a written employment agreement, an employer may dictate and/or change the terms and conditions of employment. The employee can either agree to the terms and conditions, or refuse them and risk termination. Listed below are some of the most commonly asked questions. 1. Are breaks/lunch periods required? There are no state statutes regarding breaks and/or lunch periods. These are issues addressed by company policy, or could be covered by a union contract. 2. Are benefits such as vacation, sick leave and health care required? Missouri has no legislation regulating paid vacations for employment in the private sector. This is an issue that must be addressed by the employee with their employer. The State of Missouri does not have a law that requires employers to offer any type of fringe benefit, such as insurance or sick leave. 3. If an employee is terminated when are their final wages due to them? Wages are due at the time of termination. If not paid at that time the written procedure according to section 290.110 is followed. A letter should be mailed to their employer requesting wages due. There is no wage collection law authorizing a state agency to collect wages for an aggrieved person in the State of Missouri. Any monies due an employee would be collected by civil action

work the requested hours, the employer can terminate the employee without violating any laws. If the employee is covered under the Missouri Minimum Wage law or the federal overtime law, they are to be paid time and one half for any hours over 40 hours in a workweek. 8. Can an employer reduce the wages of their employees? An employer can reduce an employee’s wages without violation of any law. However, an employer subject to the Federal Fair Labor Standards Act may not reduce an employee’s wages below the federal minimum. Missouri law (Section 290.100 RSMo) requires employers to give a thirty day written notice of reduction of wages; no state agency enforces this law and recovery of wages under this statute would have to be accomplished by a civil action. 9. Is an employee required to give their employer two weeks notice when they quit their job? No. Missouri courts go by a doctrine of “Employment-at-Will” which does not require any notice. 10. What is the minimum wage? As of September 1, 1997 the minimum wage is $5.15 per hour. The Missouri Minimum Wage and Overtime Law, sections 290.500 to 290.530 is not enforced by the state, but rather by aggrieved persons through the private legal action (Section 290.527 RSMo). 11. When does overtime come into effect? Overtime is based on a 40 hour workweek, not an 8 hour day. The Federal Fair Labor Standards Act (FLSA), requires certain employers to pay 1½ times the regular rate of wages for hours over 40 in a workweek.

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