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Summary of differences between federal and state regulations
Federal regulations restrict the types of deductions that can be made from an employee’s wages or salary. Deductions can be made in certain cases, but the legality often depends on the nature and purpose of the deductions, as well as the status of the employee as exempt or non-exempt.
Missouri is similar to federal law in that it allows deductions, but restricts those which may reduce an employee's compensation to less than minimum wage. The state law on deductions refers to items which may be taken as a credit against the minimum wage obligation, and allows an employer to make deductions for the value of meals, lodging and other such benefits, but not for required tools, equipment, travel, or uniforms.
The following is an illustrative, but not exhaustive, listing of goods and services whose fair market value may not be deducted by the employer when such deductions would reduce the employee's compensation to less than minimum wage:
(A) Tools;
(B) Equipment;
(C) Uniforms, including, but not limited to, garments such as suits, dresses, aprons and all other garments whatsoever as worn by the employees as a condition of employment. This apparel of a similar design, color or material, or forming part of the decorative pattern of the establishment or distinguishing the employee as an employee of the concern is presumed to be worn as a condition of employment;
(D) Laundry or cleaning of uniforms;
(E) Maintenance of tools, equipment or uniforms;
(F) Breakage or loss of tools, equipment or uniforms;
(G) Any other item required by the employer to be worn or used by the employee as a condition of employment; and
(H) Transportation furnished to the employee where that transportation is an incident of and necessary to the employment, such as travel costs of railroad maintenance-of-way workers.
The following is an illustrative, but not exhaustive, listing of goods and services whose fair market value may be deducted by the employer, even if this reduces the employee's paycheck below minimum wage (the employee receives something of value in lieu of cash wages):
(A) Meals;
(B) Lodging;
(C) Tuition furnished by a college to its student employees;
(D) Merchandise furnished at company stores and commissaries;
(E) Fuel (including coal, kerosene, firewood and lumber slabs);
(F) Electricity, water and gas furnished for the noncommercial personal use of the employee; and
(G) Transportation furnished to employees between their homes and work, where the transportation is not necessary to the employment.
At least once a month an employer is required to furnish employees a statement of deductions as part of a check or in a separate document.
State
Contact
Missouri Department of Labor and Industrial Relations
Regulations
Code of State Regulations Title 8 §30-4.050
Missouri Revised Statutes Chapter 290, Section 290.315, Deductions from wages, agreement to be written, approval of public body required
Federal
Contact
Regulations
For non-exempt employees:
29 CFR Part 531, Wage Payments under The Fair Labor Standards Act of 1938
For exempt employees:
29 CFR Part 541, Subpart G, Salary Requirements