Overtime Laws in Missouri

Missouri maintains its core overtime statute (RSMo § 290.505), which mirrors the FLSA’s weekly threshold.

The big 2025 changes are around minimum wage (now $13.75) and agency guidance that affects how certain overtime is calculated (e.g., for tipped employees) and how public works projects handle overtime/holiday rates under Prevailing Wage.\

Overview of Missouri Overtime Laws

Missouri overtime laws follow the federal Fair Labor Standards Act (FLSA) in determining overtime, with these state-specific features:

• Standard Overtime Rate: Non-exempt employees earn 1.5× their regular rate for all hours worked over 40 in a workweek.
• No Daily Overtime Rule: Overtime is weekly, not daily; working more than 8 hours in a day doesn’t, by itself, trigger overtime. 
• No Statewide Double-Time Rule: Missouri law does not mandate “double time” in the private sector generally; double-time may apply on public works under Prevailing Wage rules.
• Amusement/Recreation Threshold: Employees of an amusement or recreation business meeting 29 U.S.C. § 213(a)(3) are owed 1.5× for hours over 52 in a week. 
• Agriculture: State minimum wage and overtime provisions do not apply to covered agricultural employers/employees as defined in § 290.500; FLSA also exempts most agriculture from overtime. 
• “Hours Worked”: Only actual hours worked count toward the 40-hour threshold (e.g., most paid leave hours don’t count under FLSA). 

The following table summarises the key provisions affecting overtime calculations across statewide and special contexts.

These revisions demonstrate Missouri’s emphasis on maintaining a weekly overtime model while clarifying special contexts such as tipped compensation and prevailing wage projects, and updating minimum wage coverage for public employers. Employers should align their payroll policies accordingly and watch for agency updates.

Eligibility for Overtime

Not every worker in Missouri is automatically eligible for overtime. Missouri ties many exemptions to federal law:

Non-Exempt Employees

Eligible for overtime after 40 hours in a workweek, regardless of pay method. 

Exempt Employees

Must meet the FLSA salary and duties tests; Missouri incorporates federal exemptions (e.g., executive, administrative, professional, outside sales, certain computer employees). 

Industry-Specific Exceptions

• Amusement/recreation businesses (overtime after 52 hours/week if the business meets FLSA criteria). 
• Agricultural employers/employees excluded from state coverage by § 290.507; agriculture is also generally exempt from federal overtime. 
• Prevailing Wage projects follow separate overtime/holiday multipliers as set by DOLIR.
• Tipped employees: special cash-wage and overtime total-pay rules apply (see above).

Missouri Federal vs. State Overtime Rules

Example: If an employee works 45 hours in a week at $20/hr

• Federal law: Paid 40 × $20 = $800, plus 5 × ($20 × 1.5) = $150. Total = $950.
• Missouri law: Same weekly threshold and multiplier for non-exempt employees. 

Example:

• A retail worker in Missouri who works 50 hours must be paid 10 hours of overtime at 1.5×. 
• However, an agricultural worker may be excluded from state coverage by § 290.507, and agriculture is also generally exempt from federal overtime.

Exemptions in Missouri

Missouri law exempts multiple employee categories by reference to the FLSA, plus a specific 52-hour amusement/recreation threshold and agriculture exclusions. Common exemptions include

• Executive, administrative, and professional employees meeting FLSA duties/salary tests. 
• Outside salespersons working primarily away from the employer’s place of business. 
• Certain computer professionals (as defined under FLSA).
  Employees of qualifying amusement/recreation businesses (overtime due after 52 hours). 
• Agricultural employers/employees excluded from §§ 290.500–.530. 

Workers on public works projects are covered by Prevailing Wage rules for overtime/holiday multipliers (separate from general law).

Employer Obligations and Employee Rights

Missouri employers must follow strict wage and hour rules:

• Timely payment & complaints: Employees who believe wages weren’t paid correctly can file a complaint with the Missouri Division of Labor Standards. 
• Recordkeeping: Employers must keep detailed records (name, address, occupation, rate of pay, amounts paid, daily/weekly hours, etc.) for at least three years; records must be available to DOLIR. 
• Posting: Employers must post a summary of the law and wage rate in a conspicuous place.
• Penalties: Hindering enforcement (e.g., failing to keep/make records) is a class C misdemeanor. 
• Private right of action & damages: Employees underpaid in violation of §§ 290.500–.530 may sue for the full amount due plus an additional equal amount as liquidated damages, costs, and reasonable attorney’s fees (limitations period applies).