Dealing With Unpaid Wages in Missouri
My employer hasn't paid me — here's what Missouri law says and what to do next.
Statute: Mo. Rev. Stat. § 290.110
Deadline: 7 days
Penalty: Employer may be liable for the unpaid wages plus a penalty of up to two percent (2%) per day for each day wages remain unpaid, up to a maximum of double the wages owed, plus attorney fees
What is dealing with unpaid wages?
The federal minimum wage is $7.25 per hour. Your employer must pay you at least this amount for every hour you work. Many states and cities have higher minimum wages — you're entitled to whichever is higher.
Tipped employees have a lower federal minimum ($2.13/hr), but your tips plus wages must equal at least $7.25/hr. If they don't, your employer must make up the difference.
What to Do If Your Employer Pays Below Minimum Wage
Step 1: Know your rate. Check your state and city minimum wage — it's often higher than the $7.25 federal rate.
Step 2: Calculate your actual hourly pay. Divide your total weekly pay by total hours worked. If it's below the minimum, you have a claim.
Step 3: Document everything. Save pay stubs, schedules, and any records of hours worked.
Step 4: File a complaint. Contact the DOL Wage and Hour Division or your state's labor department. Many employment attorneys handle wage cases on contingency.
How Missouri differs from federal law
Missouri's minimum wage is set by a voter-approved constitutional amendment and increases annually:
- Standard minimum wage: $12.30/hr (2024 rate — adjusted annually for inflation)
- Tipped employees: 50% of the state minimum wage ($6.15/hr); tips must bring total to at least $12.30/hr
- Missouri's minimum wage increases are tied to the Consumer Price Index (CPI)
- Retail and service businesses with annual gross sales under $500,000 are exempt from the state minimum wage
- Missouri voters approved a minimum wage increase in 2018 (Proposition B) that gradually raised the rate to $12.00/hr by 2023, with CPI adjustments thereafter
- Missouri law preempts local governments from setting higher minimum wages (RSMo § 285.055)
Additional steps in Missouri
File minimum wage complaints with the MO Department of Labor and Industrial Relations at (573) 751-3403 or online at labor.mo.gov. Workers can also file with the federal DOL or bring a private lawsuit.
What you should NOT do
Don't accept illegal deductions. Your employer cannot deduct for cash register shortages, breakage, or uniforms if it would bring your pay below minimum wage.
Don't ignore tip credit violations. If you're a tipped employee and your tips + base pay don't reach $7.25/hr, your employer must pay the difference.
Don't sign away your rights. Any agreement to work for less than minimum wage is unenforceable under federal law.
Don't wait — the clock is ticking.
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Generate your unpaid wages →This page is general legal information for Missouri, not legal advice for your specific situation. Laws change, and how a statute applies depends on facts we don't know. For advice on your matter, consult a licensed attorney in Missouri.