Overtime is based on a 40 hour workweek, not an eight-hour day. Missouri′s Minimum Wage Law and the Federal Fair Labor Standards Act (FLSA) require most employers to pay their employees one and one-half times their regular rate of wages for hours over 40 in a workweek (See RSMo Chapter 290.505).
If someone believes they are not being paid correctly, they can contact the Division of Labor Standards at 573-751-3403, or email their concern to minimumwage@labor.mo.gov. To start an investigation, the employee will need to complete the Minimum Wage Complaint Form. Once the complaint is filed, the Division of Labor Standards will conduct an investigation to assure compliance with the Minimum Wage Law.
Please note that the Division of Labor Standards is not authorized by law to pursue an employee's wage claim in Court. Instead, the affected employee is entitled to pursue a private right of action to collect any wages due. An employer who unlawfully pays sub-minimum wages to its employee shall be liable for the full amount of wages due as liquidated damages, less any amount actually paid, and for costs and such reasonable attorney fees as may be allowed by the Court or jury.
