If it is determined that I was not paid minimum wage rate and/or overtime rate, what steps will be taken to collect wages due me?

The Division of Labor Standards will conduct an investigation to assure compliance with the minimum wage law. If it is determined that wages are due, we will attempt to collect on your behalf. However, Missouri does not have a wage collection law. Therefore, no state agency, including the Division of Labor Standards, has authority to pursue your claim for back wages for you through the courts. In instances where it is determined that wages are due, and we are unable to collect on your behalf, you will be notified of your right to bring a legal action to collect the claim yourself. An employer who pays an employee wages less than what they are due under the minimum wage law shall be liable for the full amount of the wage rate and an additional equal amount as liquidated damages, less any amount actually paid, and for costs and such reasonable attorney fees as may be allowed by the court or jury.

The time limit for all actions for the collection of any deficiency in wages is two years from the accrual of the cause of action. See 290.527, RSMo.

Minimum Wage

  1. What is the minimum wage rate in Missouri?
  2. Can an employer pay an individual under 20 years of age less than the applicable minimum wage rate?
  3. What amount must an employer pay a tipped employee?
  4. What amount must an employer pay a tipped employee for hours worked over 40 in a workweek?
  5. Is there any exemption for the small business employer so I will not have to pay the Minimum Wage?
  6. Where can I get additional information regarding the law changes?
  7. Do employers have to post a Minimum Wage poster in the workplace?
  8. I make $9.00 per hour now. When the Missouri Minimum Wage increases and my employer raises other people's wages to the minimum wage should I have gotten a raise also?
  9. Does the Missouri Minimum Wage affect salaried employees?
  10. If the federal minimum wage is less than Missouri′s minimum wage, what will happen if I decide to pay only the lower federal rate?
  11. What can I do if I believe I am not being paid the minimum wage rate and/or overtime rate?
  12. If it is determined that I was not paid minimum wage rate and/or overtime rate, what steps will be taken to collect wages due me?
  13. As an employer subject to the provisions of the Missouri Minimum Wage Law, what records am I required to keep and how long should they be kept?
  14. To whom do I have to provide the records?
  15. Will my records be made available to the public?
  16. Can deductions for the employer′s benefit (such as deductions for damage caused by the employee or for repayment of loans to the employee) be made from an employee's paycheck?

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