Exemptions: Overtime & minimum wage - Missouri

Summary of differences between federal and state regulations

Section 13(a)(1) of the FLSA provides an exemption from both minimum wage and overtime pay for employees employed as bona fide executive, administrative, professional, and outside sales employees. Section 13(a)(1) and Section 13(a)(17) also exempt certain computer employees.

To qualify for exemption, employees generally must meet certain tests regarding their job duties and be paid on a salary basis at not less than $684 per week. Job titles do not determine exempt status. In order for an exemption to apply, an employee’s specific job duties and salary must meet all the requirements of the Department’s regulations.

These salary minimum does not apply to outside sales employees, teachers, and employees practicing law or medicine. Exempt computer employees may be paid at least $684 on a salary basis or on an hourly basis at a rate not less than $27.63 an hour.

In Missouri, the following individuals are exempt from the minimum wage provisions:  agricultural workers, those employed in executive, administrative or professional positions, domestics, those employed on a casual or intermittent basis such as golf caddy or newsboy and those who work on commission.

State

Contact

Missouri Department of Labor and Industrial Relations Division of Labor Standards Wage and Hour Section

Regulations

Missouri Revised Statutes
Chapter 290 - Wages, Hours and Dismissal Rights
Agriculture, law not applicable.

290.507. Sections 290.500 to 290.530 shall not apply to any employee or employer engaged in agriculture, as defined in section 290.500

Missouri Revised Statutes
Chapter 290
Wages, Hours and Dismissal Rights
Section 290.500 - Definitions.

Code of State Regulations, Title 8, Division 30, Chapter 4, 8 CSR 30-4.010 Applicability and Definitions

“...the department, in interpreting and enforcing the Missouri Minimum Wage Law, will follow the written regulations established by the United States Department of Labor pertaining to the Fair Labor Standards Act, which are incorporated by reference. This rule incorporates the regulations published in the Federal Register, 29 CFR Chapter V, as last amended on December 16, 2004, and does not include any subsequent amendments or additions.”

Federal

Contact

The Department of Labor is the federal agency that monitors hours worked.

Regulations

Regulations for exempt employees can be found in CFR 29 Part 541, Defining And Delimiting The Exemptions For Executive, Administrative, Professional, Computer And Outside Sales Employees