Free Missouri Labor and Employment FAQs | Free Missouri Labor and Employment Legal Documents

Are Benefits Such As Vacation, Sick Leave And Health Insurance Required?

Fri, 16 May 2008 23:03:49 GMT

Missouri has no law requiring paid vacations for private sector employment nor does it have a law that requires employers to offer any type of fringe benefit, such as insurance or sick leave. This is an issue that must be addressed by the employee with his or her employer.

Are Certain Occupations Prohibited For Minors?

Tue, 29 May 2007 21:19:00 GMT

Prohibited occupations generally involve dangerous equipment (cookers, slicers), dangerous materials (such as toxic chemicals), or dangerous duties (driving, roofing). In addition there are specific restrictions on employment of youth in businesses that sell alcoholic beverages. CLICK HERE for the state law regarding prohibited occupations. For more information contact the Missouri Division of Labor Standards at (800) 4752130.

Are There Restrictions On The Hours A Minor Can Work?

Tue, 29 May 2007 21:19:00 GMT

Minors under the age of 16 may be employed:

Between 7 a.m. and 7 p.m. during the school year
Between 7 a.m. and 9 p.m. from June 1 through Labor Day
No more than three hours a day on school days
No more than eight hours a day on nonschool days
No more than six days or 40 hours in a week

Are Unemployment Benefits Taxable?

Tue, 29 May 2007 21:19:00 GMT

Unemployment insurance benefits are subject to federal and state income taxes. Any unemployment insurance benefits you receive are fully taxable provided you are required to file a tax return. You will be mailed a statement of benefits paid to you after the year has ended. The Internal Revenue Service will be given this same information. When you file your claim, you will be given the option to have federal income tax withheld from your weekly unemployment insurance benefits in the amount of 10%.

As An Employer, How Do I Know If I Must Pay Unemployment Tax?

Tue, 29 May 2007 21:19:00 GMT

An entity (person, partnership, corporation, etc.) that employs a worker may become liable for Missouri state unemployment tax. Liability depends on several factors, including the type of entity and the type of work being performed. CLICK HERE for a discussion of how an entity becomes liable. The Division uses the form "Report to Determine Liability Status" to gather information to see whether an entity is liable for state unemployment tax or not. Even entities which are not liable must complete and return this form. The same information may be provided online at Online Registration for New Business.If you are liable for state unemployment tax, the Division will send you an official written determination to that effect and you will receive "Quarterly Contribution and Wage Reports" on which to report your employees.

Can An Employer Require Their Employees To Work More Than Eight Hours A Day Or More Than 40 Hours Per Week?

Tue, 29 May 2007 21:19:00 GMT

There are no Missouri laws which restrict the number of hours an employer can require an employee to work. If the employee refuses to work the requested hours, the employer can terminate the employee without violating any laws. If the employee is covered under the federal overtime law, (if the businesses' gross annual volume sales made or business done is more than $500,000), they are to be paid time and one half for any hours over 40 hours in a workweek.

Can I Work Part Time And Receive Benefits?

Tue, 29 May 2007 21:19:00 GMT

You may receive some benefits for a week if you work less than full time. You must continue to look for and be able to work full time. You must report your gross wages. You will be paid the difference between your weekly benefit amount plus $20.00 and your gross wages. The benefits that are payable to you are rounded to the next lower dollar amount.

Can My Employer Fire Me Without Reason Or Notice?

Tue, 29 May 2007 21:19:00 GMT

Missouri is an employment "at will" state. An employer can fire an employee for any reason as long as that reason is not illegal.

Does My Employer Have To Provide Rest Or Meal Breaks?

Tue, 29 May 2007 21:19:00 GMT

Rest breaks are not required by state law; however these issues might be addressed by company policy, or could be covered by union contract.

How Are My Benefits Figured?

Tue, 29 May 2007 21:19:00 GMT

During your claim benefit year, you are entitled to a weekly benefit amount for weeks you are totally or partially unemployed providing that you meet all requirements and a balance remains on your claim. The amount you can receive is figured on wages paid during your base period. Your base period is the 12month period consisting of the first four of the last five completed calendar quarters before the beginning date of your claim.

To establish a claim, you must have wages of at least $1,000 in one quarter of your base period. You must have wages in two quarters of the base period and the total amount of your wages must be at least one and onehalf times your highest quarter wages. If you do not meet this requirement, you may still qualify if you have wages in at least two quarters of your base period and the total of the wages is at least $10,500 for a claim filed after 2001.

If you qualify, your weekly benefit amount will be 4% of your highest quarter wages. For claims filed in 2001 or later, this amount cannot be more than $250.00.

The most you can receive during your benefit year is your maximum benefit amount. The amount is 26 times your weekly benefit amount or onethird of your base period wages, whichever is less. When figuring the maximum benefit amount, the base period wages are limited to $6,500 per quarter.

How Can I Schedule A Consultation To Help Me Compile A Proper Mine Safety And Health Program?

Mon, 04 Jun 2007 21:51:22 GMT

Call the Division of Labor Standards Mine and Cave Safety and Health at (800) 4752130 to schedule one of our inspectors or instructors to meet with your company.

How Do I File An Initial Claim For Benefits?

Tue, 29 May 2007 21:19:00 GMT

The Internet claim filing system is available 24 hours a day, except between 11:30 PM on Saturday and 12:31 AM on Sunday, Central Time. To file your claim using the Internet, click here www.moclaim.com

The telephone filing system is available from 8:00 AM to 4:00 PM Central Time, Monday through Friday, except holidays. Click on the link Regional Claims Center

Whether filing by Internet or telephone, the effective date of your claim will be the Sunday of the week that you file. Do not delay filing your claim. After you file your claim, you will be mailed a form called, Notice of Initial Determination of Status as an Insured Worker. This form will show:

Your weekly and maximum benefit amounts;
The beginning date of your claim;
Your base period;
The amount of wages reported by each employer;

How Do I File My Weekly Claim?

Tue, 29 May 2007 21:19:00 GMT

On the Sunday after you file your initial or renewed claim, you should file your first weekly claim.

The Internet claim filing system is available 24 hours a day, except between 11:30 PM on Saturday and 12:31 AM on Sunday, Central Time. To file your weekly claim using the Internet, go to www.moclaim.com

To make your weekly claim by telephone, call the number for your area Regional Claims Center. Your call will be answered by the Interactive Voice Response (IVR) system.

How Do I Use The Modes-B-15 Card?

Tue, 29 May 2007 21:19:00 GMT

The unemployment insurance MODESB15 card given to you by your Missouri employer can be used to file a new claim and to claim weekly benefits. You will not be able to use the Internet or Interactive Voice Response (IVR) system.

Complete the worker's information required, enter your address and sign your name. Check the box if your address has changed. Mail your B15 card to:

Attn: Benefits
Division of Employment Security
P.O. Box 3100
Jefferson City, MO 651023100

A claim for partial or temporary total unemployment (MODESB15) starts a benefit year the first day of the employer payroll week for which a claim is filed. If you have questions about your partial or temporary total claim, contact the Regional Claims Center in Jefferson City.

How Should I Prepare For The Hearing?

Tue, 29 May 2007 21:19:00 GMT

Start immediately to gather any papers that relate to the issue such as correspondence from your employer, union contracts, warning notices or medical statements. Also, be certain that any witnesses who are eyewitnesses or who have other direct knowledge of the events in question are available to attend the hearing.

Since the hearing before the Referee is the only chance you will have to tell your story, be prepared to tell the Referee everything you think is important and to present all witnesses and evidence at the hearing. You have the right to have an attorney or authorized agent represent you at the hearing, but it is not required.

I Am A Contractor. Do I Need Training?

Tue, 29 May 2007 21:19:00 GMT

If you meet any of the following criteria you must have Miner Safety and Health Training.
You are engaged in the mining process
You are exposed to mining hazards at the mine site
You are at the mine site on a frequent basis performing work

What Are Extended Benefits?

Tue, 29 May 2007 21:19:00 GMT

When either the national or Missouri unemployment rate exceeds a certain level, you may be entitled to additional weeks of benefits after you use all regular benefits. If an extended benefit period is declared and it appears that you qualify, you will be mailed a notice.

What Can I Do If I Am Denied Unemployment Benefits?

Tue, 29 May 2007 21:19:00 GMT

You, or any of your former employers who are affected by a determination can appeal from the denial or the award of benefits. The appeal will be forwarded to the Appeals Tribunal in Jefferson City so that a hearing before a Referee may be scheduled.

Notify the Referee assigned to the case immediately when you know you cannot attend the scheduled hearing and request a postponement. Postponements are granted only for very good reasons.

What Happens If I Receive An Overpayment?

Tue, 29 May 2007 21:19:00 GMT

If you receive benefits to which you are not entitled, you must repay the benefits, even if someone else made the mistake that caused the incorrect payment. When an overpayment is found, you are issued a notice telling you why you are overpaid, and the amount. If you believe the notice is incorrect, you have the right to appeal.

You can repay an overpayment in a lump sum, or you can request a payment plan. If you are claiming benefits, they will be applied to the overpayment.

If you deliberately make a false statement or withhold information to receive benefits, your benefit rights can be canceled, and you can be arrested, fined and imprisoned.

What If Missouri And Federal Child Labor Law Do Not Agree?

Mon, 04 Jun 2007 21:51:22 GMT

The federal law (Fair Labor Standards Act) applies when a company does over $500,000 in annual business, or their employees engage in interstate commerce. When both federal and state law apply but do not agree on a specific point, the stricter law applies, but both sets of laws must be complied with.

What Is Prevailing Wage?

Tue, 29 May 2007 21:19:00 GMT

Prevailing wage is the minimum wage amount that workers on Missouri public works construction projects must be paid. It is required by law and determined by actual hours worked, for a particular occupational title (classification/trade), in each county throughout the state.

The Division of Labor Standards issues the Annual Wage Order each year. It contains the proper hourly wage rates, overtime, holiday and make up schedules for workers on prevailing wage projects.

Contractors, public bodies and others submit wage information on wage survey forms to the Division. The information includes actual hours worked on commercial or heavy and highway projects in Missouri. The Occupational Title (classification) of workers must be identified. The highest number of survey hours received for an hourly wage rate paid is the prevailing wage rate for each individual Occupational Title in each county.

What Is The Mine Safety Program?

Tue, 29 May 2007 21:19:00 GMT

The Mine and Cave Safety and Health Section trains miners in the practice of implementing safe and healthy working habits in the workplace. This training is federally funded by a grant through the U.S. Department of Labor, Mine Safety and Health Administration (MSHA).

The Mine and Cave Safety and Health Section also regularly inspects mines and public caves under Missouri law, and provides a consultation service to the mines and caves on safety and health issues. Safety and health inspections are conducted on a regular basis to find and abate hazards in the mine and cave workplace.

What Is The Minimum Age For Employment?

Tue, 29 May 2007 21:19:00 GMT

Minors under the age of 14 are allowed to work only in limited areas such as the entertainment industry. An entertainment permit is required to do so. A minor who is 14 or 15 years old must give an employer a completed work certificate before working during school months. The work certificate is approved and issued by the local public school superintendent's office and requires parental consent. Click on the links below to download work certificate forms:

Work Certificate (during school months)

Work Certificate (fulltime summer)

The employment of young people over the age of 16 does not fall under Missouri law, but some restrictions do exist under federal law.

What Is The On-Site Workplace Safety And Health Consultation Program?

Tue, 29 May 2007 21:19:00 GMT

The OnSite Workplace Safety program strives to reduce workrelated injuries, illnesses and fatalities by educating and training employers and employees on their rights and responsibilities under Missouri, or relevant, labor laws. The Division performs consultations and inspections of work sites, during which division employees identify job hazards. The OnSite Workplace Safety and Health Consultation Program provides free, onsite safety and health consultations for Missouri employers with up to 250 employees.

To apply for a free onsite safety and health consultation, click here.

An onsite consultation may include, but is not limited to the following:

Review of an employer's written standard safety and health programs.
Review of an employer's written safety and health management program.
Review of an employer's OSHA 200 and 300 logs for injury and illness trends.
Evaluation of engineering controls as necessary.
Exposure monitoring for such things as fumes, dusts, mists, vapors, noise and other potential hazards.
Identification of hazards in the workplace and a timetable to eliminate those hazards.
Work with employers whose type of business has been targeted for inspections by one of the OSHA Initiatives.

Qualifications for this Service include:

Businesses must be located in the state of Missouri.
Businesses must have 250 or fewer employees at any one site and fewer than 500 employees total.
Businesses must complete and submit a Missouri Safety and Health Consultation Service Application.
Businesses must be privately owned. City, county and state facilities may not participate.
Employers must agree to correct all serious hazards identified and inform employees of the correction.

What Is The Taxable Wage Base?

Tue, 29 May 2007 21:19:00 GMT

The taxable wage base or taxable wage limit is the amount of wages per employee that an employer must pay taxes on in a calendar year. For the year beginning January 1, 2003 the taxable wage base is $7,500.

What Types Of Mining Operations Does The State Of Missouri Inspect?

Tue, 29 May 2007 21:19:00 GMT

Coal, clay, shale, iron, lead, zinc, copper, silica sand and granite mining operations.

What Will Happen After The Hearing?

Tue, 29 May 2007 21:19:00 GMT

A written decision will be mailed to you, your attorney or agent, and the employer (if an interested party). The decision will explain your right of appeal if you are dissatisfied with the decision.

If you disagree with the Referee's decision, you can appeal to the Labor and Industrial Relations Commission within 30 days. An appeal can be requested using form Application for Review, or by letter.

What Will My Tax Rate Be?

Tue, 29 May 2007 21:19:00 GMT

Each employer that becomes liable to report workers' wages and pay unemployment taxes is assigned a beginning tax rate until eligible for an experience rate. CLICK HERE for the current new employer rates. The Division keeps a record of experience for each employer's account. The experience includes taxable wages reported, contributions paid (including voluntary payments) and benefits charged. Unemployment taxes paid are credited to an employer's account. Unemployment benefits paid to eligible claimants are charged to the accounts of the claimant's employers during the base period of the claim. These factors that are recorded in the employer's account through the preceding July 31st are used to compute annual tax rates after the employer becomes eligible for an experience rate.

What is the minimum wage in Missouri?

Tue, 29 May 2007 21:19:00 GMT

The minimum wage is currently $7.05 per hour. The Missouri Minimum Wage and Overtime Law is not enforced by the state. Persons wishing to collect wages owed must file a private law suit. The U.S. Department of Labor, Wage and Hour Division, does have authority to collect wages for workers

Where Can I Get More Information On Reporting Wages By Magnetic Media?

Tue, 29 May 2007 21:19:00 GMT

The magnetic media reporting specifications can be found at www.dolir.state.mo.us/es/uitax/m368.htm.

Will The Labor And Industrial Relations Commission Hold Another Hearing?

Tue, 29 May 2007 21:19:00 GMT

The Labor and Industrial Relations Commission does not generally hold another hearing. Instead, it makes its decision based on a review of the entire record created at the hearing before the Referee.

The Commission may affirm, reverse, or modify the Referee's decision. The Commission may also send the case back to the Referee for further proceedings if the record is inadequate.

The party which loses at the Commission level may appeal to the appropriate Court of Appeals within 30 days of the Commission's decision. The Division of Employment Security may also appeal the Commission's decision.

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