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| Home > Statutes > Usa Missouri |
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USA Statutes : missouri
Title : LABOR AND INDUSTRIAL RELATIONS
Chapter : Chapter 290 Wages, Hours and Dismissal Rights
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From and after the first day of May, in the year eighteen
hundred and sixty-seven, the period of eight hours shall be and
constitute a legal day's work; but nothing in this section shall be so
construed as to prevent parties to any contract for work, services or
labor from agreeing upon a longer or shorter time. This section shall not
apply to persons hired or employed by the month, nor to laborers or farm
hands in the service of farmers or others engaged in agriculture. (RSMo
1939 § 10166)
Prior revisions: 1929 § 13205; 1919 § 6766; 1909 § 7812
CROSS REFERENCE: Election, employees allowed three hours to vote, RSMo
115.639
(1971) This section does not impose an obligation on employers to pay
overtime compensation for work in excess of eight hours a day. Blinston
v. Hartford Accident and Indemnity Co. (CA Mo.) 441 F.2d 1365.
It is hereby declared to be unlawful for any person, company or
corporation engaged in carrying on any kind of mining, mechanical,
chemical manufacturing or smelting business, to work their employees in
any mill or mills, or plants, while engaged in crushing rocks and mine
products, containing mineral or ores, or engaged in separating the
minerals or ores from rock and such combination with which the mineral or
ores are mixed, or reducing or roasting, or refining or smelting minerals
or ores, from and after the time such rocks, or combination of rocks and
mine products, or minerals or ores are taken out of the mines, at such
labor or industry, for a period of time longer than eight hours in a day
of twenty-four hours, without their consent, and it is hereby declared
that eight hours shall constitute a day of employment, for all laborers,
or employees, engaged in the kind of labor or industry aforesaid. (RSMo
1939 § 10167, A.L. 1981 H.B. 748)
Prior revisions: 1929 § 13206; 1919 § 6767; 1909 § 7813
Any person or persons, company or corporation who shall violate
any of the provisions of section 290.020 shall, on conviction, be fined
in a sum not less than twenty-five dollars nor more than five hundred
dollars. (RSMo 1939 § 10168)
Prior revisions: 1929 § 13207; 1919 § 6768; 1909 § 7814
All corporations doing business in this state, and all persons
operating railroads or railroad shops in this state, shall pay the wages
and salaries of their employees as often as semimonthly, within sixteen
days of the close of each payroll period; provided, however, that
executive, administrative and professional employees, and sales people
and other employees compensated in whole or in part on a commission
basis, at the option of such employers, may be paid their salaries or
commissions monthly. Such corporations and persons either as a part of
the check, draft or other voucher paying the wages or separately, shall
furnish the employee at least once a month a statement showing the total
amount of deductions for the period. Any corporation or person violating
this section shall be deemed guilty of a misdemeanor, and upon conviction
thereof shall be fined in any sum not less than fifty dollars, nor more
than five hundred dollars, for each offense. (RSMo 1939 §§ 5080, 5081,
10176, A. 1949 S.B. 1105, A.L. 1955 p. 596)
Prior revisions: 1929 §§ 4608, 4609, 13215; 1919 §§ 9802, 9803, 6778;
1909 § 7820
CROSS REFERENCE: Wages, when to be paid, interest, priority, RSMo 430.360
The employees of the operators of all manufactories, including
plate glass manufactories, operated within this state shall be regularly
paid in full of all wages due them at least once in every fifteen days,
in lawful money, and at no pay day shall there be withheld from the
earnings of any employee any sum to exceed the amount due him for his
labor for five days next preceding any such pay day. Any such operator
who fails and refuses to pay his employees, their agents, assigns or
anyone duly authorized to collect such wages, as in this section
provided, shall become immediately liable to any such employee, his
agents or assigns for an amount double the sum due such employee at the
time of such failure to pay the wages due, to be recovered by civil
action in any court of competent jurisdiction within this state, and no
employee, within the meaning of this section, shall be deemed to have
waived any right accruing to him under this section by any contract he
may make contrary to the provisions hereof. (RSMo 1939 § 10175)
Prior revisions: 1929 § 13214; 1919 § 6775; 1909 § 7817
Any railway, mining, express, telegraph, manufacturing or other
company or corporation doing business in this state, and desiring to
reduce the wages of its employees, or any of them, shall give to the
employees to be affected thereby thirty days' notice thereof. Such notice
may be given by posting a written or printed handbill, specifying the
class of employees whose wages are to be reduced and the amount of the
reduction, in a conspicuous place in or about the shops, station, office,
depot or other place where said employees may be at work, or by mailing
each employee a copy of said notice or handbill, and such company or
corporation violating any of the provisions of this section shall forfeit
and pay each party affected thereby the sum of fifty dollars, to be
recovered by civil action in the name of the injured party, with costs,
before any court of competent jurisdiction. (RSMo 1939 §§ 5066, 5067,
A.L. 1943 p. 410 § 75)
Prior revisions: 1929 §§ 4590, 4591; 1919 §§ 9782, 9783; 1909 §§ 3022,
3023
Whenever any person, firm or corporation doing business in this
state shall discharge, with or without cause, or refuse to further employ
any servant or employee thereof, the unpaid wages of the servant or
employee then earned at the contract rate, without abatement or
deduction, shall be and become due and payable on the day of the
discharge or refusal to longer employ and the servant or employee may
request in writing of his foreman or the keeper of his time to have the
money due him, or a valid check therefor, sent to any station or office
where a regular agent is kept; and if the money or a valid check
therefor, does not reach the station or office within seven days from the
date it is so requested, then as a penalty for such nonpayment the wages
of the servant or employee shall continue from the date of the discharge
or refusal to further employ, at the same rate until paid; provided, such
wages shall not continue more than sixty days. This section shall not
apply in the case of an employee whose remuneration for work is based
primarily on commissions and whose duties include collection of accounts,
care of a stock or merchandise and similar activities and where an audit
is necessary or customary in order to determine the net amount due. (RSMo
1939 § 5082, A.L. 1943 p. 410 § 76, A.L. 1963 p. 414, A.L. 1972 H.B. 1203)
Prior revisions: 1929 § 4610; 1919 § 9804
No such servant or employee who secretes or absents himself to
avoid payment to him, or refuses to receive the same when fully tendered,
shall be entitled to any benefit under sections 290.110 and 290.120 for
such time as he so avoids payment. (RSMo 1939 § 5083, A.L. 1943 p. 410 §
77)
Prior revisions: 1929 § 4611; 1919 § 9805
Any such servant or employee whose employment is for a definite
period of time, and who is discharged without cause before the expiration
of such time, may, in addition to the penalty prescribed by this law,
have an action against any such employer for any damages he may have
sustained by reason of such wrongful discharge, and such action may be
joined with an action for unpaid wages and penalty. (RSMo 1939 § 5084,
A.L. 1943 p. 410 § 78)
Prior revisions: 1929 § 4612; 1919 § 9806
1. Whenever any employee of any corporation doing business in
this state and which employs seven or more employees, who shall have been
in the service of said corporation for a period of at least ninety days,
shall be discharged or voluntarily quit the service of such corporation
and who thereafter within a reasonable period of time, but not later than
one year following the date the employee was discharged or voluntarily
quit, requests in writing by certified mail to the superintendent,
manager or registered agent of said corporation, with specific reference
to the statute, it shall be the duty of the superintendent or manager of
said corporation to issue to such employee, within forty-five days after
the receipt of such request, a letter, duly signed by such superintendent
or manager, setting forth the nature and character of service rendered by
such employee to such corporation and the duration thereof, and truly
stating for what cause, if any, such employee was discharged or
voluntarily quit such service.
2. Any corporation which violates the provisions of subsection 1 of this
section shall be liable for compensatory but not punitive damages but in
the event that the evidence establishes that the employer did not issue
the requested letter, said employer may be liable for nominal and
punitive damages; but no award of punitive damages under this section
shall be based upon the content of any such letter. (RSMo 1939 § 5064,
A.L. 1941 p. 330, A.L. 1982 S.B. 747)
Prior revisions: 1929 § 4588; 1919 § 9780; 1909 § 3020
CROSS REFERENCE: Employee dismissal rights, damage action, time
limitation, RSMo 516.140
(1985) Actual damages in a "service letter" case are proven by showing
that the plaintiff was refused employment or hindered in obtaining
employment, due to the absence or inadequacy of a service letter, that
the position plaintiff was refused or hindered in obtaining was actually
open, and the rate of pay of that position. Gibson v. Hummel (Mo. App.
E.D.), 688 S.W.2d 4.
(1985) An award of punitive damages based on the failure to provide a
service letter is improper except upon a showing of actual or legal
malice. Comerio v. Beatrice Foods Co., 616 F.Supp. 1423 (D.C.Mo.).
(1986) An employer which fails to issue the service letter within
forty-five days of it being requested may be liable for punitive damages.
Talbert v. Safeway Stores, Inc. 651 F.Supp. 1563 (W.D. Mo.).
(1986) A statement that termination is due to "unsatisfactory work
performance" is insufficient as a matter of law under this section.
Gloria v. University of Health Sciences, 713 S.W.2d 32 (Mo. App. W.D.).
(1987) Legal malice must be proven in order to recover punitive damages
pursuant to this section and such malice must be averred generally in the
petition. Willett v. Slay Warehouse Co., Inc., 735 S.W.2d 60 (Mo. App.
E.D.).
(1987) Legal malice or the deliberate failure to provide a service letter
knowing that an individual has requested one perhaps may be shown in
order to recover punitive damages by proving that this section was cited
in the request for a service letter. Fink v. Revco Discount Drug Centers,
Inc., 666 F.Supp. 1325 (W.D. Mo.).
(1990) Letter requesting statement of reasons for employee's discharge
signed only by the employee's attorney and not by the employee is not a
valid request for a service letter. Zeman v. V.F. Factory Outlet, Inc.,
911 F.2d 107 (8th Cir.).
(1990) Discharged employee not entitled to actual damages for an
employer's violation of service letter statute for false statements
unless employee can show evidence that prospective employer saw letter
and held it against employee. Employee could seek nominal damages.
Prewitt v. Factory Motor Parts, Inc., 747 F.Supp. 560 (W.D. Mo.).
It shall be an improper employment practice for an employer to
refuse to hire, or to discharge, any individual, or to otherwise
disadvantage any individual, with respect to compensation, terms or
conditions of employment because the individual uses lawful alcohol or
tobacco products off the premises of the employer during hours such
individual is not working for the employer, unless such use interferes
with the duties and performance of the employee, the employee's
coworkers, or the overall operation of the employer's business; except
that, nothing in this section shall prohibit an employer from providing
or contracting for health insurance benefits at a reduced premium rate
for employees who do not smoke or use tobacco products. Religious
organizations and church-operated institutions, and not-for-profit
organizations whose principal business is health care promotion shall be
exempt from the provisions of this section. The provisions of this
section shall not be deemed to create a cause of action for injunctive
relief, damages or other relief. (L. 1992 S.B. 509, et al. § 6, A.L. 2005
H.B. 596)
1. As used in this section, the following terms shall mean:
(1) "Employer", any individual, organization, partnership, political
subdivision, corporation or other legal entity which has or had in the
entity's employ one or more individuals performing services for the
entity within this state;
(2) "Prospective employer", any employer, as defined in this subsection,
to which an individual has made application for employment, either oral
or written, or forwarded a resume or other correspondence expressing an
interest in employment.
2. An employer may:
(1) Respond in writing to a written request concerning a current or
former employee from an entity or person which the employer reasonably
believes to be a prospective employer of such employee; and
(2) Disclose the nature and character of service rendered by such
employee to such employer and the duration thereof; and
(3) Truly state for what cause, if any, such employee was discharged or
voluntarily quit such service.
The provisions of this section shall apply regardless of whether the
employee becomes employed by the prospective employer prior to receipt of
the former employer's written response. The information provided pursuant
to this section shall be consistent with the content of any service
letter provided pursuant to section 290.140 for the same employee.
3. The employer shall send a copy of any letter provided pursuant to
subsection 2 of this section to the current employee or former employee
at the employee's last known address. The current or former employee may
request from the employer a copy of the letter provided pursuant to
subsection 2 of this section for up to one year following the date of
such letter.
4. For purposes of this section, an employer shall be immune from civil
liability for any response made pursuant to this section or for any
consequences of such response, unless such response was false and made
with knowledge that it was false or with reckless disregard for whether
such response was true or false.
5. Any employer who violates the provisions of subsection 2 of this
section shall be liable for compensatory damages but not punitive damages.
6. Any letter issued pursuant to this section shall not be admitted as
evidence in an unemployment compensation claim. (L. 1999 S.B. 32)
As used in sections 290.210 to 290.340, unless the context
indicates otherwise:
(1) "Construction" includes construction, reconstruction, improvement,
enlargement, alteration, painting and decorating, or major repair.
(2) "Department" means the department of labor and industrial relations.
(3) "Locality" means the county where the physical work upon public works
is performed, except that if there is not available in the county a
sufficient number of competent skilled workmen to construct the public
works efficiently and properly, "locality" may include two or more
counties adjacent to the one in which the work or construction is to be
performed and from which such workers may be obtained in sufficient
numbers to perform the work, and that, with respect to contracts with the
state highways and transportation commission, "locality" may be construed
to include two or more adjacent counties from which workmen may be
accessible for work on such construction.
(4) "Maintenance work" means the repair, but not the replacement, of
existing facilities when the size, type or extent of the existing
facilities is not thereby changed or increased.
(5) "Prevailing hourly rate of wages" means the wages paid generally, in
the locality in which the public works is being performed, to workmen
engaged in work of a similar character including the basic hourly rate of
pay and the amount of the rate of contributions irrevocably made by a
contractor or subcontractor to a trustee or to a third person pursuant to
a fund, plan or program, and the amount of the rate of costs to the
contractor or subcontractor which may be reasonably anticipated in
providing benefits to workmen and mechanics pursuant to an enforceable
commitment to carry out a financially responsible plan or program which
was communicated in writing to the workmen affected, for medical or
hospital care, pensions on retirement or death, compensation for injuries
or illness resulting from occupational activity, or insurance to provide
any of the foregoing, for unemployment benefits, life insurance,
disability and sickness insurance, accident insurance, for vacation and
holiday pay, for defraying costs of apprenticeship or other similar
programs, or for other bona fide fringe benefits, but only where the
contractor or subcontractor is not required by other federal or state law
to provide any of the benefits; provided, that the obligation of a
contractor or subcontractor to make payment in accordance with the
prevailing wage determinations of the department, insofar as sections
290.210 to 290.340 are concerned, may be discharged by the making of
payments in cash, by the making of irrevocable contributions to trustees
or third persons as provided herein, by the assumption of an enforceable
commitment to bear the costs of a plan or program as provided herein, or
any combination thereof, where the aggregate of such payments,
contributions and costs is not less than the rate of pay plus the other
amounts as provided herein.
(6) "Public body" means the state of Missouri or any officer, official,
authority, board or commission of the state, or other political
subdivision thereof, or any institution supported in whole or in part by
public funds.
(7) "Public works" means all fixed works constructed for public use or
benefit or paid for wholly or in part out of public funds. It also
includes any work done directly by any public utility company when
performed by it pursuant to the order of the public service commission or
other public authority whether or not it be done under public supervision
or direction or paid for wholly or in part out of public funds when let
to contract by said utility. It does not include any work done for or by
any drainage or levee district.
(8) "Workmen" means laborers, workmen and mechanics. (L. 1957 p. 574 § 1,
A.L. 1965 p. 438, A.L. 1969 S.B. 142)
(1981) Industrial development projects are not subject to the Prevailing
Wage Act unless the projects constitute "public works" and involve
workmen employed by or on behalf of a public body engaged in public
works. State ex rel. Ashcroft v. City of Sedalia (Mo. App. W.D.), 629
S.W.2d 578.
(1993) Statute of limitations period for claims for failure to pay
prevailing wage for public works governed by section 516.110, RSMo, for
actions based on writing and not governed by statute of limitations for
unpaid minimum wages in section 516.140, RSMo. City of Kansas City v.
Integon Indemnity Corp., 857 S.W.2d 233 (Mo. App. W.D.).
It is hereby declared to be the policy of the state of Missouri
that a wage of no less than the prevailing hourly rate of wages for work
of a similar character in the locality in which the work is performed
shall be paid to all workmen employed by or on behalf of any public body
engaged in public works exclusive of maintenance work. (L. 1957 p. 574 §
2)
(1959) Prevailing Wage Act sustained as against attacks claiming it (1)
constituted arbitrary classification; (2) unconstitutionally delegated
legislative power without standards; (3) is special legislation; and (4)
was violative of a city charter adopted under § 19, Art. VI of the
constitution. City of Joplin v. Indust. Comm. (Mo.), 329 S.W.2d 687.
(1981) Industrial development projects are not subject to the Prevailing
Wage Act unless the projects constitute "public works" and involve
workmen employed by or on behalf of a public body engaged in public
works. State ex rel. Ashcroft v. City of Sedalia (Mo. App. W.D.), 629
S.W.2d 578.
1. Not less than the prevailing hourly rate of wages for work of
a similar character in the locality in which the work is performed, and
not less than the prevailing hourly rate of wages for legal holiday and
overtime work, shall be paid to all workmen employed by or on behalf of
any public body engaged in the construction of public works, exclusive of
maintenance work. Only such workmen as are directly employed by
contractors or subcontractors in actual construction work on the site of
the building or construction job shall be deemed to be employed upon
public works.
2. When the hauling of materials or equipment includes some phase of
construction other than the mere transportation to the site of the
construction, workmen engaged in this dual capacity shall be deemed
employed directly on public works. (L. 1957 p. 574 § 3)
1. The department shall inquire diligently as to any violation
of sections 290.210 to 290.340, shall institute actions for penalties
herein prescribed, and shall enforce generally the provisions of sections
290.210 to 290.340.
2. The department may establish rules and regulations for the purpose of
carrying out the provisions of sections 290.210 to 290.340. (L. 1957 p.
574 § 6, A.L. 1969 S.B. 142)
(1997) Department is not authorized by statute to sue for back wages on
behalf of workers. Department of Labor and Industrial Relations v. SKC
Electric, Inc., 936 S.W.2d 802 (Mo.banc).
Every public body authorized to contract for or construct public
works, before advertising for bids or undertaking such construction shall
request the department to determine the prevailing rates of wages for
workmen for the class or type of work called for by the public works, in
the locality where the work is to be performed. The department shall
determine the prevailing hourly rate of wages in the locality in which
the work is to be performed for each type of workman required to execute
the contemplated contract and such determination or schedule of the
prevailing hourly rate of wages shall be attached to and made a part of
the specifications for the work. The public body shall then specify in
the resolution or ordinance and in the call for bids for the contract,
what is the prevailing hourly rate of wages in the locality for each type
of workman needed to execute the contract and also the general prevailing
rate for legal holiday and overtime work. It shall be mandatory upon the
contractor to whom the contract is awarded and upon any subcontractor
under him, to pay not less than the specified rates to all workmen
employed by them in the execution of the contract. The public body
awarding the contract shall cause to be inserted in the contract a
stipulation to the effect that not less than the prevailing hourly rate
of wages shall be paid to all workmen performing work under the contract.
It shall also require in all contractor's bonds that the contractor
include such provisions as will guarantee the faithful performance of the
prevailing hourly wage clause as provided by contract. The contractor
shall forfeit as a penalty to the state, county, city and county, city,
town, district or other political subdivision on whose behalf the
contract is made or awarded ten dollars for each workman employed, for
each calendar day, or portion thereof, such workman is paid less than the
said stipulated rates for any work done under said contract, by him or by
any subcontractor under him, and the said public body awarding the
contract shall cause to be inserted in the contract a stipulation to this
effect. It shall be the duty of such public body awarding the contract,
and its agents and officers, to take cognizance of all complaints of all
violations of the provisions of sections 290.210 to 290.340 committed in
the course of the execution of the contract, and, when making payments to
the contractor becoming due under said contract, to withhold and retain
therefrom all sums and amounts due and owing as a result of any violation
of sections 290.210 to 290.340. It shall be lawful for any contractor to
withhold from any subcontractor under him sufficient sums to cover any
penalties withheld from him by the awarding body on account of said
subcontractor's failure to comply with the terms of sections 290.210 to
290.340, and if payment has already been made to him, the contractor may
recover from him the amount of the penalty in a suit at law. (L. 1957 p.
574 § 4, A.L. 1969 S.B. 142)
1. The department, as it deems necessary, shall from time to
time investigate and determine the prevailing hourly rate of wages in the
localities. A determination applicable to every locality to be contained
in a general wage order shall be made annually on or before July first of
each year for the Missouri state highways and transportation commission
and shall remain in effect until superseded by a new general wage order.
In determining prevailing rates, the department shall ascertain and
consider the applicable wage rates established by collective bargaining
agreements, if any, and the rates that are paid generally within the
locality.
2. A certified copy of the determination so made shall be filed
immediately with the secretary of state and with the department in
Jefferson City. Copies shall be supplied by the department to all persons
requesting them within ten days after the filing.
3. At any time within thirty days after the certified copies of the
determinations have been filed with the secretary of state and the
department, any person who is affected thereby may object in writing to
the determination or the part thereof that he deems objectionable by
filing a written notice with the department, stating the specific grounds
of the objection.
4. Within thirty days of the receipt of the objection, the department
shall set a date for a hearing on the objection. The date for the hearing
shall be within sixty days of the receipt of the objection. Written
notice of the time and place of the hearing shall be given to the
objectors at least ten days prior to the date set for the hearing.
5. The department at its discretion may hear each written objection
separately or consolidate for hearing any two or more written objections.
At the hearing the department shall first introduce in evidence the
investigation it instituted and the other facts which were considered at
the time of the original determination which formed the basis for its
determination. The department, or the objector, or any interested party,
thereafter may introduce any evidence that is material to the issues.
6. Within twenty days of the conclusion of the hearing, the department
must rule on the written objection and make the final determination that
it believes the evidence warrants. Immediately, the department shall file
a certified copy of its final determination with the secretary of state
and with the department and shall serve a copy of the final determination
on all parties to the proceedings by personal service or by registered
mail.
7. This final decision of the department of the prevailing wages in the
locality is subject to review in accordance with the provisions of
chapter 536, RSMo. Any person affected, whether or not the person
participated in the proceedings resulting in the final determination, may
have the decision of the department reviewed. The filing of the final
determination with the secretary of state shall be considered a service
of the final determination on persons not participating in the
administrative proceedings resulting in the final determination.
8. At any time before trial any person affected by the final
determination of the department may intervene in the proceedings to
review under chapter 536, RSMo, and be made a party to the proceedings.
9. All proceedings in any court affecting a determination of the
department under the provisions of sections 290.210 to 290.340 shall have
priority in hearing and determination over all other civil proceedings
pending in the court, except election contests. (L. 1957 p. 574 § 8, A.L.
1965 p. 95, A.L. 1969 S.B. 142)
(1962) The function of the court in reviewing decision of industrial
commission fixing hourly wage rate is to decide if the determination was
authorized by law and supported by competent and substantial evidence
upon the whole record. United Bro. of Carpenters, etc. v. Industrial
Commission (A.), 363 S.W.2d 82.
1. Except as otherwise provided in section 290.260, the
department shall annually investigate and determine the prevailing hourly
rate of wages in each locality for each separate occupational title. A
final determination applicable to every locality to be contained in an
annual wage order shall be made annually on or before July first of each
year and shall remain in effect until superseded by a new annual wage
order or as otherwise provided in this section. In determining prevailing
rates, the department shall ascertain and consider the applicable wage
rates established by collective bargaining agreements, if any, and the
rates that are paid generally within the locality, and shall, by March
tenth of each year, make an initial determination for each occupational
title within the locality.
2. A certified copy of the initial determinations so made shall be filed
immediately with the secretary of state and with the department in
Jefferson City. Copies shall be supplied by the department to all persons
requesting them within ten days after the filing.
3. At any time within thirty days after the certified copies of the
determinations have been filed with the secretary of state and the
department, any person who is affected thereby may object in writing to a
determination or a part thereof that he deems objectionable by filing a
written notice with the department, stating the specific grounds of the
objection. If no objection is filed, the determination is final after
thirty days.
4. After the receipt of the objection, the department shall set a date
for a hearing on the objection. The date for the hearing shall be within
sixty days of the receipt of the objection. Written notice of the time
and place of the hearing shall be given to the objectors at least ten
days prior to the date set for the hearing.
5. The department at its discretion may hear each written objection
separately or consolidate for hearing any two or more written objections.
At the hearing the department shall first introduce in evidence the
investigation it instituted and the other facts which were considered at
the time of the original determination which formed the basis for its
determination. The department, or the objector, or any interested party,
thereafter may introduce any evidence that is material to the issues.
6. Within twenty days of the conclusion of the hearing, the department
shall rule on the written objection and make the final determination that
it believes the evidence warrants. Immediately, the department shall file
a certified copy of its final determination with the secretary of state
and with the department and shall serve a copy of the final determination
on all parties to the proceedings by personal service or by registered
mail.
7. This final decision of the department of the prevailing wages in the
locality for each occupational title is subject to review in accordance
with the provisions of chapter 536, RSMo. Any person affected, whether or
not the person participated in the proceedings resulting in the final
determination, may have the decision of the department reviewed. The
filing of the final determination with the secretary of state shall be
considered a service of the final determination on persons not
participating in the administrative proceedings resulting in the final
determination.
8. At any time before trial any person affected by the final
determination of the department may intervene in the proceedings to
review under chapter 536, RSMo, and be made a party to the proceedings.
9. Any annual wage order made for a particular occupational title in a
locality may be altered once each year, as provided in this subsection.
The prevailing wage for each such occupational title may be adjusted on
the anniversary date of any collective bargaining agreement which covers
all persons in that particular occupational title in the locality in
accordance with any annual incremental wage increases set in the
collective bargaining agreement. If the prevailing wage for an
occupational title is adjusted pursuant to this subsection, the
employee's representative or employer in regard to such collective
bargaining agreement shall notify the department of this adjustment,
including the effective date of the adjustment. The adjusted prevailing
wage shall be in effect until the next final annual wage order is issued
pursuant to this section. The wage rates for any particular job,
contracted and commenced within sixty days of the contract date, which
were set as a result of the annual or revised wage order, shall remain in
effect for the duration of that particular job.
10. In addition to all other reporting requirements of sections 290.210
to 290.340, each public body which is awarding a contract for a public
works project shall, prior to beginning of any work on such public works
project, notify the department, on a form prescribed by the department,
of the scope of the work to be done, the various types of craftsmen who
will be needed on the project, and the date work will commence on the
project. (L. 1993 H.B. 638)
The hourly wages to be paid as prescribed in section 290.250 to
workmen upon public works shall not be less than the minimum wage
specified under Section 6(a)(1) of the Fair Labor Standards Act of 1938,
as amended. (L. 1969 S.B. 142)
A clearly legible statement of all prevailing hourly wage rates
to be paid to all workmen employed in order to execute the contract and
employed on the construction of the public works shall be kept posted in
a prominent and easily accessible place at the site thereof by each
contractor and subcontractor engaged in the public works projects under
the provisions of this law and such notice shall remain posted during the
full time that any such workman shall be employed on the public works.
(L. 1969 S.B. 142)
The finding of the department ascertaining and declaring the
prevailing hourly rate of wages shall be final for the locality, unless
reviewed under the provisions of sections 290.210 to 290.340. Nothing in
sections 290.210 to 290.340, however, shall be construed to prohibit the
payment to any workman employed on any public work of more than the
prevailing rate of wages. Nothing in sections 290.210 to 290.340 shall be
construed to limit the hours of work which may be performed by any
workman in any particular period of time. (L. 1957 p. 574 § 7, A.L. 1969
S.B. 142)
The authorized representative of the department may administer
oaths, take or cause to be taken the depositions of witnesses, and
require by subpoena the attendance and testimony of witnesses and the
production of all books, records, and other evidence relative to any
matter under investigation or hearing. The subpoena shall be signed and
issued by the department's authorized representative. In case of failure
of any person to comply with any subpoena lawfully issued under this
section, or on the refusal of any witness to produce evidence or to
testify to any matter regarding which he may be lawfully interrogated,
the authorized representative of the department may proceed to enforce
obedience to the subpoenas in the manner provided by section 536.077,
RSMo, for administrative agencies. The authorized representative of the
department shall have the power to certify to official acts. (L. 1957 p.
574 § 9, A.L. 1961 p. 438)
1. The contractor and each subcontractor engaged in any
construction of public works shall keep full and accurate records clearly
indicating the names, occupations and crafts of every workman employed by
them in connection with the public work together with an accurate record
of the number of hours worked by each workman and the actual wages paid
therefor. The payroll records required to be so kept shall be open to
inspection by any authorized representative of the contracting public
body or of the department at any reasonable time and as often as may be
necessary and such records shall not be destroyed or removed from the
state for the period of one year following the completion of the public
work in connection with which the records are made.
2. Each contractor and subcontractor shall file with the contracting
public body upon completion of the public work and prior to final payment
therefor an affidavit stating that he had fully complied with the
provisions and requirements of this chapter, and no public body shall be
authorized to make final payment until such affidavit is filed therewith
in proper form and order.
3. Each contractor and subcontractor engaged in any construction of
public works shall have its name, acceptable abbreviation or recognizable
logo and the name of the city and state of the mailing address of the
principal office of the company, on each motor vehicle and motorized
self-propelled piece of equipment which is used in connection with such
public works project during the time the contractor or subcontractor is
engaged on such project. The sign shall be legible from a distance of
twenty feet but the size of the lettering need not be larger than two
inches. In cases where equipment is leased or where affixing a legible
sign to the equipment is impractical, the contractor may place a
temporary stationary sign, with the information required pursuant to this
subsection, at the main entrance of the construction project in place of
affixing the required information on the equipment so long as such sign
is not in violation of any state or federal statute, rule or regulation.
Motor vehicles which are required to have similar information affixed
thereto pursuant to requirements of a regulatory agency of the state or
federal government are exempt from the provisions of this subsection.
4. The provisions of subsection 3 of this section shall not apply to
construction of public works for which the contract awarded is in the
amount of two hundred fifty thousand dollars or less. (L. 1957 p. 574 §
5, A.L. 1969 S.B. 142, A.L. 1993 H.B. 416 & 417)
Any workman employed by the contractor or by any subcontractor
under the contractor who shall be paid for his services in a sum less
than the stipulated rates for work done under the contract, shall have a
right of action for double whatever difference there may be between the
amount so paid and the rates provided by the contract together with a
reasonable attorney's fee to be determined by the court, and an action
brought to recover same shall be deemed to be a suit for wages, and any
and all judgments entered therein shall have the same force and effect as
other judgments for wages. (L. 1957 p. 574 § 10, A.L. 1969 S.B. 142)
No person, firm or corporation shall violate the wage provisions
of any contract contemplated in sections 290.210 to 290.340 or suffer or
require any employee to work for less than the rate of wages so fixed, or
violate any of the provisions contained in sections 290.210 to 290.340.
Where workmen are employed and their rate of wages has been determined as
provided in sections 290.210 to 290.340, no person, either for himself or
any other person, shall request, demand or receive, either before or
after such workman is engaged, that such workman pay back, return,
donate, contribute, or give any part or all of said workman's wages,
salary, or thing of value, to any person, upon the statement,
representation, or understanding that failure to comply with such request
or demand will prevent such workman from procuring or retaining
employment, and no person shall, directly or indirectly, pay, request or
authorize any other person to violate this section. This section does not
apply to any agent or representative of a duly constituted labor
organization acting in the collection of dues or assessments of such
organization. (L. 1969 S.B. 142)
All contractors and subcontractors required in sections 290.210
to 290.340 to pay not less than the prevailing rate of wages shall make
full payment of such wages in legal tender, without any deduction for
food, sleeping accommodations, transportation, use of small tools, or any
other thing of any kind or description. This section does not apply where
the employer and employee enter into an agreement in writing at the
beginning of said term of employment covering deductions for food,
sleeping accommodations, or other similar items, provided such agreement
is submitted by the employer to the public body awarding the contract and
the same is approved by such public body as fair and reasonable. (L. 1969
S.B. 142)
No public body, officer, official, member, agent or
representative authorized to contract for public works shall fail, before
advertising for bids or contracting for such construction, to have the
department determine the prevailing rates of wages of workmen for each
class of work called for by the public works in the locality where the
work is to be performed as provided in sections 290.210 to 290.340. (L.
1969 S.B. 142)
No public body, officer, official, member, agent or
representative thereof authorized to contract for public works shall
award a contract for the construction of such improvement or disburse any
funds on account of the construction of such public improvement, unless
such public body has first had the department determine the prevailing
rates of wages of workmen for the class of work called for by such public
works in the locality where the work is to be performed and such
determination has been made a part of the specifications and contract for
such public works. (L. 1969 S.B. 142)
The department after investigation, upon complaint or upon its
own initiative, shall file with the secretary of state a list of the
contractors and subcontractors who it finds have been prosecuted and
convicted for violations of sections 290.210 to 290.340 and such
contractor or subcontractor, or simulations thereof, shall be prohibited
from contracting directly or indirectly with any public body for the
construction of any public works or from performing any work on the same
as a contractor or subcontractor for a period of one year from the date
of the first conviction for such violation and for a period of three
years from the date of each subsequent violation and conviction thereof.
No public body shall award a contract for a public works to any
contractor or subcontractor, or simulation thereof, during the time that
its name appears on said list. The filing of the notice of conviction
with the secretary of state shall be notice to all public bodies and
their officers, officials, members, agents and representatives. (L. 1969
S.B. 142)
If it is found that a public body, contractor or subcontractor
has not complied with any of the terms of sections 290.210 to 290.340,
the department shall give notice of the precise violation in writing to
such public body, contractor or subcontractor. Sufficient time may be
allowed for compliance therewith as the department deems necessary. After
the expiration of the time prescribed in said notice, the department may
in writing inform the attorney general of the fact that such notice has
been given and that the public body, contractor or subcontractor or the
authorized representative or agent thereof to whom it was directed has
not complied with such notice. Upon receipt thereof, the attorney general
shall at the earliest possible time bring suit in the name of the state
in the circuit court of the county in which such public body is located
or where any such contractor or subcontractor is engaged in any public
works to enjoin the award of such contract for a public works, or any
further work or payments thereunder if the contract has been awarded,
until the requirements of such notice are fully complied with. The court
may issue a temporary restraining order with due notice to the defendant
in such action. The plaintiff shall in any such injunctive action post an
adequate bond to be set by the circuit judge. Upon final hearing thereof,
if the court is satisfied that the requirements of the notice by the
department to the defendant were not unreasonable or arbitrary, it shall
issue an order enjoining the awarding of such contract for a public
works, or any further work or payments thereunder if the contract has
been awarded, until the notice is fully complied with. Such injunction
shall continue operative until the court is satisfied that the
requirements of such notice have been complied with and the court shall
have and exercise with respect to the enforcement of such injunctions all
the power in it in other similar cases. Both the plaintiff and defendant
in such action have the same rights of appeal as are provided by law in
other injunction proceedings. (L. 1969 S.B. 142)
Any officer, official, member, agent or representative of any
public body, contractor or subcontractor who willfully violates and omits
to comply with any of the provisions and requirements of sections 290.210
to 290.340 shall be punished for each violation thereof by a fine not
exceeding five hundred dollars, or by imprisonment not exceeding six
months, or by both such fine and imprisonment. Each day such violation or
omission continues shall constitute a separate offense as contemplated by
this section. (L. 1969 S.B. 142)
(1997) As used in this section, "willfully" means "knowingly". State v.
Lee Mechanical Contractors, Inc., 938 S.W.2d 269 (Mo.banc).
Whenever a dispute exists concerning wages, hours of labor, or
conditions of employment of members of a paid fire department of any
county, city, town, fire district, or other governmental unit having a
population in excess of twenty thousand or located in a county of the
first class, and a request for arbitration is made by either party to the
dispute, a firemen's arbitration board shall be appointed as provided in
sections 290.350 to 290.380. Request for arbitration may be made by
written petition signed by at least fifty-one percent of the employees of
the fire department or by resolution of the county commission, council,
board, or other governing body having direction and control over the fire
department. (L. 1963 p. 415 § 1)
(1968) As applied to constitutional charter cities, sections 290.350 and
290.360, RSMo, are unconstitutional and void as imposing duties upon a
municipal officer. State v. Cervantes (Mo.), 423 S.W.2d 791.
The board shall consist of five members, four of whom shall be
appointed by the chief executive officer of the county, city, town, fire
district, or other governmental unit involved, and shall be qualified
voters of the county, city, town, fire district, or other governmental
unit involved. Two of these appointments shall be made from a list of
four or more, submitted by the employees. If the request for arbitration
is initiated by petition of the employees, the petition shall be
accompanied by a list of four or more persons. If the request for
arbitration is initiated by the county commission, council, board or
other governing body having direction and control over the fire
department, the chief executive officer of the county, city, town, fire
district, or other governmental unit shall mail a copy of the resolution,
together with a request for the submission of a list of four or more
prospective members of the firemen's arbitration board to representatives
of the employees of the fire department. The four members appointed by
the chief executive officer shall select the fifth member of the board,
who may or may not be a registered voter of the county, city, town, fire
district, or other governmental unit involved. The board shall meet and
organize as soon as possible after its appointment. The board shall
select from its membership a chairman and any other officers it considers
necessary, and make rules of procedure governing its hearings. (L. 1963
p. 415 § 2)
(1968) As applied to constitutional charter cities, sections 290.350 and
290.360, RSMo, are unconstitutional and void as imposing duties upon a
municipal officer. State v. Cervantes (Mo.), 423 S.W.2d 791.
The board shall conduct hearings, with dispatch, for the purpose
of hearing evidence relevant to the subject of the dispute, and shall, as
soon as practicable, report its findings and recommendations in writing
to the chief executive officer of the county, city, town, fire district,
or other governmental unit involved, and to any organization of firemen
involved. The report shall be concurred in by at least three members of
the board. The recommendation shall be advisory only and shall not be
binding upon the county, city, town, fire district, or other governmental
unit, or upon the members of the fire department involved. (L. 1963 p.
415 § 3)
Members of the board shall serve without compensation. All
necessary expenses of any hearing conducted by the board members,
certified to by all the members of the board, shall be paid by the
county, city, town, fire district, or other governmental unit involved.
(L. 1963 p. 415 § 4)
As used in sections 290.400 to 290.450 the following words have
the meanings indicated unless the context clearly requires otherwise:
(1) "Commission", the labor and industrial relations commission of
Missouri;
(2) "Employee", every woman or man in receipt of or entitled to
compensation for labor performed for any employer;
(3) "Employer", every person, firm, corporation, agent, manager,
representative, contractor, subcontractor, principal or other person
having control or direction of any woman or man employed at any labor, or
responsible directly or indirectly for the wages of another;
(4) "Female", a woman of eighteen years or over;
(5) "Wage rates" or "wages", any compensation for labor measured by time,
piece, or otherwise. (L. 1963 p. 416 § 1)
Notwithstanding any other provisions of the law, no employer
shall pay any female in his employ at wage rates less than the wage rates
paid to male employees in the same establishment for the same quantity
and quality of the same classification of work, provided that nothing
herein shall prohibit a variation of rates of pay for male and female
employees engaged in the same classification of work based upon a
difference in seniority, length of service, ability, skill, difference in
duties or services performed, difference in the shift or time of day
worked, hours of work, or restrictions or prohibitions on lifting or
moving objects in excess of specified weight, or other reasonable
differentiation, or factors other than sex, when exercised in good faith.
(L. 1963 p. 416 § 2)
Any affected female employee may register with the commission a
complaint that the wages paid to her are less than the wages to which she
is entitled under sections 290.400 to 290.450. (L. 1963 p. 416 § 4)
The commission shall take all proceedings necessary to mediate
the dispute concerning the payment of any sums alleged to be due and
unpaid to the female employees. The commission shall have the power to
issue such regulations not inconsistent with the purpose and provisions
of sections 290.400 to 290.450, as it deems necessary or appropriate for
the administration thereof. (L. 1963 p. 416 § 5, A.L. 1965 p. 95)
1. Any employer who violates section 290.410 is liable to the
female employee affected in the amount of the wages of which the female
employee is deprived by reason of the violation.
2. Any female employee receiving less than the wage to which she is
entitled under sections 290.400 to 290.450 may recover in a civil action
the balance of the wages, together with the costs of suit,
notwithstanding any agreement to work for a lesser wage.
3. The burden of proof shall be upon the person bringing the claim to
establish that the differentiation in rate of pay is based upon the
factor of sex and not upon other differences or factors. (L. 1963 p. 416
§§ 3, 6, 8)
Any action based upon or arising under sections 290.400 to
290.450 shall be instituted in the circuit court within six months after
the date of the alleged violation, but in no event shall any employer be
liable for any pay due under sections 290.400 to 290.450 for more than
thirty days prior to receipt by the employer of written notice of claim
thereof from the female employee. (L. 1963 p. 416 § 7)
The commission shall carry on a continuing program of education,
information, study, and community organization concerning the problems of
female employees in seeking, obtaining and holding employment without
discrimination on account of sex. The commission's power and duties shall
include but not be limited to the following:
(1) Promote in cooperation with the federal government, state, local and
private agencies and organizations, programs to eliminate discrimination
in employment based solely on sex;
(2) Promote research with the view to reducing barriers based solely on
sex in the hire, employment and retention of female employees;
(3) Sponsor and correlate in communities of the state, information and
educational programs intended to reduce or abolish discrimination in
employment based solely on sex;
(4) Recommend to the governor, from time to time, any specific proposals
for legislation as may be deemed necessary and proper for the elimination
in employment of discrimination based solely on sex. (L. 1965 p. 439)
As used in sections 290.500 to 290.530, the following words and
phrases mean:
(1) "Agriculture", farming and all its branches including, but not
limited to, the cultivation and tillage of the soil, dairying, the
production, cultivation, growing and harvesting of any agricultural
commodities, the raising of livestock, fish and other marine life, bees,
fur-bearing animals or poultry and any practices performed by a farmer or
on a farm as an incident to or in conjunction with farming operations,
including preparation for market, delivery to storage or to market or to
carriers for transportation to market;
(2) "Director", the director of the department of labor and industrial
relations or his authorized representative;
(3) "Employee", an individual employed by an employer, except that the
term "employee" shall not include:
(a) Any individual employed in a bona fide executive, administrative, or
professional capacity;
(b) Any individual engaged in the activities of an educational,
charitable, religious, or nonprofit organization where the
employer-employee relationship does not, in fact, exist or where the
services rendered to the organization are on a voluntary basis;
(c) Any individual standing in loco parentis to foster children in their
care;
(d) Any individual who receives a minimum wage pursuant to the Fair Labor
Standards Act of 1938, as amended, including individuals employed by an
employer covered by 29 U.S.C. 203, or other applicable federal law;
(e) Any individual employed for less than four months in any year in a
resident or day camp for children or youth, or any individual employed by
an educational conference center operated by an educational, charitable
or not-for-profit organization;
(f) Any individual engaged in the activities of an educational
organization where employment by the organization is in lieu of the
requirement that the individual pay the cost of tuition, housing or other
educational fees of the organization or where earnings of the individual
employed by the organization are credited toward the payment of the cost
of tuition, housing or other educational fees of the organization;
(g) Any individual employed on or about a private residence on an
occasional basis for six hours or less on each occasion;
(h) Any handicapped person employed in a sheltered workshop, certified by
the department of elementary and secondary education;
(i) Any person employed on a casual basis in domestic service employment
to provide baby-sitting services, any person employed in the domestic
service of any family or person at his home, and any employee employed in
domestic service employment to provide companionship services for
individuals who because of age or infirmity are unable to care for
themselves;
(j) Any individual employed by an employer subject to the provisions of
Part I of the Interstate Commerce Act;
(k) Any individual employed on a casual or intermittent basis as a golf
caddy, newsboy, or in a similar occupation;
(l) Any individual whose earnings are derived in whole or in part from
sales commissions and whose hours and places of employment are not
substantially controlled by the employer;
(m) Any individual subject to the minimum wage provisions of applicable
federal law or any individual who is employed in any government position
defined in 29 U.S.C. 203(2)(c)(i) and (ii);
(n) Any individual employed by a retail or service business whose annual
gross volume sales made or business done is less than five hundred
thousand dollars;
(o) Any individual who is an offender, as defined in section 217.010,
RSMo, who is incarcerated in any correctional facility operated by the
department of corrections, including offenders who provide labor or
services on the grounds of such correctional facility pursuant to section
217.550, RSMo;
(p) Any individual described by the provisions of section 29 U.S.C.
213(a)(8);
(4) "Employer", any individual, partnership, association, corporation,
business, business trust, or any person or group of persons acting
directly or indirectly in the interest of an employer in relation to an
employee;
(5) "Learner and apprentice", any individual who has not completed the
required training for a particular job. In no event shall the individual
be deemed a learner or apprentice in the occupation after three months of
training except where the director finds, after investigation, that for
the particular occupation a minimum of proficiency cannot be acquired in
three months. In no case shall a person be declared to be a learner or
apprentice after six months of training for a particular employer or job.
Employees of an amusement or recreation business that meets the criteria
set out in 29 U.S.C. 213(a)(3) may be deemed a learner or apprentice for
ninety working days. No individual shall be deemed a learner or
apprentice solely for the purpose of evading the provisions of sections
290.500 to 290.530;
(6) "Occupation", any occupation, service, trade, business, industry, or
branch or group of industries or employment or class of employment in
which individuals are gainfully employed;
(7) "Wage", compensation due to an employee by reason of his employment,
payable in legal tender of the United States or checks on banks
convertible into cash on demand at full face value. (L. 1990 H.B. 1881 §
1)
Except as may be otherwise provided pursuant to sections 290.500
to 290.530, every employer shall pay to each of his employees wages at
the same rate or rates set under the provisions of federal law as the
prevailing federal minimum wage applicable to those covered jobs in
interstate commerce. (L. 1990 H.B. 1881 § 2)
1. No employer shall employ any of his employees for a workweek
longer than forty hours unless such employee receives compensation for
his employment in excess of the hours above specified at a rate not less
than one and one-half times the regular rate at which he is employed.
2. Employees of an amusement or recreation business that meets the
criteria set out in 29 U.S.C. 213(a)(3) must be paid one and one-half
times their regular compensation for any hours worked in excess of
fifty-two hours in any one-week period. (L. 1990 H.B. 1881 § 3)
Sections 290.500 to 290.530 shall not apply to any employee or
employer engaged in agriculture, as defined in section 290.500. (L. 1990
H.B. 1881 § 4)
The director shall have authority to investigate and ascertain
the wages of persons employed in any occupation included within the
meaning of sections 290.500 to 290.530. (L. 1990 H.B. 1881 § 5)
1. No employer of any employee who receives and retains
compensation in the form of gratuities in addition to wages is required
to pay wages in excess of fifty percent of the minimum wage rate
specified in sections 290.500 to 290.530, however, total compensation for
such employee shall total at least the minimum wage specified in sections
290.500 to 290.530, the difference being made up by the employer.
2. If an employee receives and retains compensation in the form of goods
or services as an incident of his employment and if he is not required to
exercise any discretion in order to receive the goods or services, the
employer is required to pay only the difference between the fair market
value of the goods and services and the minimum wage otherwise required
to be paid by sections 290.500 to 290.530. The fair market value of the
goods and services shall be computed on a weekly basis. The director
shall provide by regulation a method of valuing the goods and services
received by any employee in lieu of the wages otherwise required to be
paid under the provisions of sections 290.500 to 290.530. He shall also
provide by regulation a method of determining those types of goods and
services that are an incident of employment the receipt of which does not
require any discretion on the part of the employee. (L. 1990 H.B. 1881 §
6)
After a public hearing at which any person may be heard, the
director shall provide by regulation for the employment in any occupation
of individuals whose earning capacity is impaired by physical or mental
deficiency at wages lower than the wage rate applicable under sections
290.500 to 290.530. The individuals shall be employed as the director
finds appropriate to prevent curtailment of opportunities for employment,
to avoid undue hardship, and to safeguard the wage rate applicable under
sections 290.500 to 290.530, except that no individual who maintains a
production level within the limits required of other employees shall be
paid less than the wage rate applicable under sections 290.500 to
290.530. Employees affected or their guardians shall be given reasonable
notice of this hearing. (L. 1990 H.B. 1881 § 7)
After a public hearing of which individual employees affected
must be given reasonable notice, the director shall provide by regulation
for the employment in any occupation, at wages lower than the wage rate
applicable under sections 290.500 to 290.530, of such learners and
apprentices as he finds appropriate to prevent curtailment of
opportunities for employment. Such wage rate for learners and apprentices
shall be the same rate or rates set under the provisions of federal law
as the prevailing federal subminimum wage applicable to new workers. At
no time may this provision be used for the purpose of evading the spirit
and meaning of sections 290.500 to 290.530. (L. 1990 H.B. 1881 § 8)
Every employer subject to any provision of sections 290.500 to
290.530 or any regulation issued under sections 290.500 to 290.530 shall
make and keep for a period of not less than three years on or about the
premises wherein any employee is employed or at some other premises which
is suitable to the employer, a record of the name, address and occupation
of each of his employees, the rate of pay, the amount paid each pay
period to each employee, the hours worked each day and each workweek by
the employee and any goods or services provided by the employer to the
employee as provided in section 290.512. The records shall be open for
inspection by the director by appointment. Where the records required
under this section are kept outside the state, the records shall be made
available to the director upon demand. Every such employer shall furnish
to the director on demand a sworn statement of time records and
information upon forms prescribed or approved by the director. All the
records and information obtained by the department of labor and
industrial relations are confidential and shall be disclosed only on
order of a court of competent jurisdiction. (L. 1990 H.B. 1881 § 9)
Every employer subject to any provision of sections 290.500 to
290.530 or of any regulations issued under sections 290.500 to 290.530
shall keep a summary of sections 290.500 to 290.530, approved by the
director, and copies of any applicable wage regulations issued under
sections 290.500 to 290.530, or a summary of the wage regulations posted
in a conspicuous and accessible place in or about the premises wherein
any person subject thereto is employed. Employers shall be furnished
copies of the summaries and regulations by the state on request without
charge. (L. 1990 H.B. 1881 § 10)
Any employer who hinders the director in the performance of his
duties in the enforcement of sections 290.500 to 290.530 by any of the
following acts is guilty of a class C misdemeanor:
(1) Refusing to admit the director to any place of employment;
(2) Failing to make, keep and preserve any records as required under the
provisions of sections 290.500 to 290.530;
(3) Falsifying any record required under the provisions of sections
290.500 to 290.530;
(4) Refusing to make any record required under the provisions of sections
290.500 to 290.530 accessible to the director;
(5) Refusing to furnish a sworn statement of any record required under
the provisions of sections 290.500 to 290.530 or any other information
required for the proper enforcement of sections 290.500 to 290.530 to the
director upon demand;
(6) Failing to post a summary of sections 290.500 to 290.530 or a copy of
any applicable regulation as required;
(7) Discharging or in any other manner discriminating against any
employee who has notified the director that he has not been paid wages in
accordance with the provisions of sections 290.500 to 290.530, or who has
caused to be instituted any proceeding under or related to sections
290.500 to 290.530, or who has testified or is about to testify in any
such proceeding;
(8) Paying or agreeing to pay wages at a rate less than the rate
applicable under sections 290.500 to 290.530. Payment at such rate for
any week or portion of a week constitutes a separate offense as to each
employee;
(9) Otherwise violating any provisions of sections 290.500 to 290.530.
Each day of violation constitutes a separate offense.
(L. 1990 H.B. 1881 § 11)
Any employer who pays any employee less wages than the wages to
which the employee is entitled under or by virtue of sections 290.500 to
290.530 shall be liable to the employee affected for the full amount of
the wage rate and an additional equal amount as liquidated damages, less
any amount actually paid to the employee by the employer and for costs
and such reasonable attorney fees as may be allowed by the court or jury.
The employee may bring any legal action necessary to collect the claim.
Any agreement between the employee and the employer to work for less than
the wage rate shall be no defense to the action. All actions for* the
collection of any deficiency in wages shall be commenced within two years
of the accrual of the cause of action. (L. 1990 H.B. 1881 § 12)
*Word "of" appears in original rolls.
Any standards relating to minimum wages, maximum hours, overtime
compensation or other working conditions in effect under any other law of
this state on August 28, 1990, which are more favorable to employees than
those applicable to employees under sections 290.500 to 290.530 or the
regulations issued under sections 290.500 to 290.530, shall not be deemed
to be amended, rescinded, or otherwise affected by sections 290.500 to
290.530 but shall continue in full force and effect and may be enforced
as provided by law. (L. 1990 H.B. 1881 § 13)
Nothing in sections 290.500 to 290.530 shall be deemed to
interfere with, impede, or in any way diminish the right of employees to
bargain collectively with their employers through representatives of
their own choosing in order to establish wages or other conditions of
work in excess of the applicable minimum under the provisions of sections
290.500 to 290.530. (L. 1990 H.B. 1881 § 14)
As used in sections 290.550 to 290.580, the following terms mean:
(1) "Laborers from nonrestrictive states", persons who are residents of a
state which has not enacted state laws restricting Missouri laborers from
working on public works projects in that state, as determined by the
labor and industrial relations commission;
(2) "Missouri laborer", any person who has resided in Missouri for at
least thirty days and intends to become or remain a Missouri resident;
(3) "A period of excessive unemployment", any month immediately following
two consecutive calendar months during which the level of unemployment in
the state has exceeded five percent as measured by the United States
Bureau of Labor Statistics in its monthly publication of employment and
unemployment figures;
(4) "Public works", projects defined as public works pursuant to section
290.210. (L. 1993 H.B. 416 & 417 § 1)
Sections 290.550 to 290.580 apply to all labor on public works
projects or improvements, whether skilled, semiskilled or unskilled, and
whether manual or nonmanual except work done directly by any public
utility company and not let to contract. (L. 1993 H.B. 416 & 417 § 2)
Whenever there is a period of excessive unemployment in this
state, every person who is charged with the duty, either by law or
contract, of constructing or building any public works project or
improvement for the state or any political subdivision, municipal
corporation or other governmental unit thereof shall employ only Missouri
laborers and laborers from nonrestrictive states on such project or
improvement, and every contract let by any such person shall contain a
provision requiring that such labor be used, except that other laborers
may be used when Missouri laborers or laborers from nonrestrictive states
are not available, or are incapable of performing the particular type of
work involved, if so certified by the contractor and approved by the
contracting officer. (L. 1993 H.B. 416 & 417 § 3)
The provisions of sections 290.550 to 290.580 shall not apply to
regularly employed nonresident executive, supervisory or technical
personnel. (L. 1993 H.B. 416 & 417 § 4)
In all contracts involving the expenditure of federal aid funds,
sections 290.550 to 290.580 shall not be enforced in such manner as to
conflict with any federal statutes or rules and regulations. (L. 1993
H.B. 416 & 417 § 5)
Any person who knowingly fails to use Missouri laborers or
laborers from nonrestrictive states as required in section 290.560 shall
be guilty of an infraction. Each separate case of failure to use Missouri
laborers or laborers from nonrestrictive states on such public works
projects or improvements shall constitute a separate offense. (L. 1993
H.B. 416 & 417 § 6)
Sections 290.550 to 290.580 shall be enforced by the department
of labor and industrial relations, which, as represented by the attorney
general, is empowered to sue for injunctive relief against the awarding
of any contract or the continuation of any work under any contract for
public works or improvements at a time when the provisions of sections
290.550 to 290.580 are not being met. (L. 1993 H.B. 416 & 417 § 7)
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