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FIRST REGULAR SESSION
[CORRECTED]
[TRULY AGREED TO AND FINALLY PASSED]
HOUSE COMMITTEE SUBSTITUTE NO. 2 FOR
HOUSE BILL NOS. 567, 546, 758 & 958
1616H.05T 103RD GENERAL ASSEMBLY
2025
AN ACT
To repeal sections 290.502, 290.600, 290.603, 290.606, 290.609, 290.612, 290.615, 290.618,
290.621, 290.624, 290.627, 290.630, 290.633, 290.636, 290.639, and 290.642, RSMo,
and to enact in lieu thereof one new section relating to employee compensation.
Be it enacted by the General Assembly of the state of Missouri, as follows:
Section A. Sections 290.502, 290.600, 290.603, 290.606, 290.609, 290.612, 290.615,
2 290.618, 290.621, 290.624, 290.627, 290.630, 290.633, 290.636, 290.639, and 290.642,
3 RSMo, are repealed and one new section enacted in lieu thereof, to be known as section
4 290.502, to read as follows:
290.502. 1. Except as may be otherwise provided pursuant to sections 290.500 to
2 290.530, effective January 1, 2007, every employer shall pay to each employee wages at the
3 rate of $6.50 per hour, or wages at the same rate or rates set under the provisions of federal
4 law as the prevailing federal minimum wage applicable to those covered jobs in interstate
5 commerce, whichever rate per hour is higher.
6 2. The minimum wage shall be increased or decreased on January 1, 2008, and on
7 January 1 of successive years but ending December 31, 2024, by the increase or decrease in
8 the cost of living. On September 30, 2007, and on each September 30 of each successive year
9 but ending December 31, 2024, the director shall measure the increase or decrease in the
10 cost of living by the percentage increase or decrease as of the preceding July over the level as
11 of July of the immediately preceding year of the Consumer Price Index for Urban Wage
12 Earners and Clerical Workers (CPI-W) or successor index as published by the U.S.
13 Department of Labor or its successor agency, with the amount of the minimum wage increase
14 or decrease rounded to the nearest five cents.
EXPLANATION — Matter enclosed in bold-faced brackets [thus] in the above bill is not enacted and is
intended to be omitted from the law. Matter in bold-face type in the above bill is proposed language.
HCS #2 HBs 567, 546, 758 & 958 2
15 3. Except as may be otherwise provided pursuant to sections 290.500 to 290.530, and
16 notwithstanding subsection 1 of this section, effective January 1, 2025, every employer shall
17 pay to each employee wages at the rate of not less than $13.75 per hour, or wages at the same
18 rate or rates set under the provisions of federal law as the [prevailing] federal minimum wage
19 applicable to those covered jobs in interstate commerce, whichever rate per hour is higher.
20 Thereafter, the minimum wage established by this subsection shall be increased by $1.25 per
21 hour, to $15.00 per hour, effective January 1, 2026. [Thereafter, the minimum wage
22 established by this subsection shall be increased or decreased on January 1, 2027, and on
23 January 1 of successive years, per the method set forth in subsection 2 of this section.] If at
24 any time the federal minimum wage rate is above or is thereafter increased above the
25 minimum wage then in effect under this subsection, [the minimum wage required by this
26 subsection shall continue to be increased pursuant to this subsection, but] the higher federal
27 rate shall immediately become the minimum wage required by this subsection [and shall be
28 increased or decreased per the method set forth in subsection 2 for so long as it remains
29 higher than the state minimum wage required and increased pursuant to this subsection].
30 4. For purposes of this section, the term "public employer" means an employer that is
31 the state or a political subdivision of the state, including a department, agency, officer, bureau,
32 division, board, commission, or instrumentality of the state, or a city, county, town, village,
33 school district, or other political subdivision of the state. [Subsection 3 of this section]
34 Beginning on the effective date of this section, the provisions of this section shall [not]
35 apply to a public employer with respect to its employees. [Any public employer that is
36 subject to subsections 1 and 2 of this section shall continue to be subject to those subsections.]
[290.600. As used in sections 290.600 through 290.642:
2 (1) "Department", department of labor and industrial relations;
3 (2) "Director", director of the department of labor and industrial
4 relations;
5 (3) "Domestic violence", as such term is defined in section 455.010;
6 (4) "Earned paid sick time", time that is compensated at the same
7 hourly rate and with the same benefits, including health care benefits, as the
8 employee normally earns during hours worked and is provided by an employer
9 to an employee for the purposes described in section 290.606, but in no case
10 shall this hourly amount be less than that provided under section 290.502;
11 (5) "Employee", any individual employed in this state by an employer,
12 but does not include:
13 (a) Any individual engaged in the activities of an educational,
14 charitable, religious, or nonprofit organization where the employer-employee
15 relationship does not, in fact, exist or where the services rendered to the
16 organization are on a voluntary basis;
17 (b) Any individual standing in loco parentis to foster children in their
18 care;
HCS #2 HBs 567, 546, 758 & 958 3
19 (c) Any individual employed for less than four months in any year in a
20 resident or day camp for children or youth, or any individual employed by an
21 educational conference center operated by an educational, charitable or not-
22 for-profit organization;
23 (d) Any individual engaged in the activities of an educational
24 organization where employment by the organization is in lieu of the
25 requirement that the individual pay the cost of tuition, housing or other
26 educational fees of the organization or where earnings of the individual
27 employed by the organization are credited toward the payment of the cost of
28 tuition, housing or other educational fees of the organization;
29 (e) Any individual employed on or about a private residence on an
30 occasional basis for six hours or less on each occasion;
31 (f) Any individual employed on a casual basis to provide baby-sitting
32 services;
33 (g) Any individual employed by an employer subject to the provisions
34 of Part A of Subtitle IV of Title 49, United States Code, 49 U.S.C. §§ 10101 et
35 seq.;
36 (h) Any individual employed on a casual or intermittent basis as a golf
37 caddy, newsboy, or in a similar occupation;
38 (i) Any individual who is employed in any government position
39 defined in 29 U.S.C. §§ 203(e)(2)(C)(i)-(ii);
40 (j) Any individual employed by a retail or service business whose
41 annual gross volume sales made or business done is less than five hundred
42 thousand dollars;
43 (k) Any individual who is an offender, as defined in section 217.010,
44 who is incarcerated in any correctional facility operated by the department of
45 corrections, including offenders who provide labor or services on the grounds
46 of such correctional facility pursuant to section 217.550; or,
47 (l) Any individual described by the provisions of section 29 U.S.C.
48 213(a)(8);
49 (6) "Employer", any person acting directly or indirectly in the interest
50 of an employer in relation to an employee; provided, however, that for the
51 purposes of sections 290.600 through 290.642 "employer" does not include the
52 United States government, the state, or a political subdivision of the state,
53 including a department, agency, officer, bureau, division, board, commission,
54 or instrumentality of the state, or a city, county, town, village, school district,
55 public higher education institution, or other political subdivision of the state;
56 (7) "Family member", any of the following individuals:
57 (a) Regardless of age, a biological, adopted or foster child, stepchild or
58 legal ward, a child of a domestic partner, a child to whom the employee stands
59 in loco parentis, or an individual to whom the employee stood in loco parentis
60 when the individual was a minor;
61 (b) A biological, foster, stepparent or adoptive parent or legal guardian
62 of an employee or an employee's spouse or domestic partner or an individual
63 who stood in loco parentis when the employee or employee's spouse or
64 domestic partner was a minor child;
65 (c) An individual to whom the employee is legally married under the
66 laws of any state, or a domestic partner who is registered as such under the
HCS #2 HBs 567, 546, 758 & 958 4
67 laws of any state or political subdivision, or an individual with whom the
68 employee is in a continuing social relationship of a romantic or intimate
69 nature;
70 (d) A grandparent, grandchild, or sibling (whether of a biological,
71 foster, adoptive or step relationship) of the employee or the employee's spouse
72 or domestic partner; or
73 (e) A person for whom the employee is responsible for providing or
74 arranging health or safety-related care, including but not limited to helping that
75 individual obtain diagnostic, preventative, routine, or therapeutic health
76 treatment or ensuring the person is safe following domestic violence, sexual
77 assault, or stalking;
78 (8) "Health care professional", any individual licensed under federal or
79 any state law to provide medical or emergency services, including but not
80 limited to doctors, nurses, certified nurse midwives, mental health
81 professionals, and emergency room personnel;
82 (9) "Person", any individual, partnership, association, corporation,
83 business, business trust, legal representative, or any organized group of
84 persons;
85 (10) "Retaliatory personnel action", denial of any right guaranteed
86 under sections 290.600 through 290.642, or any threat, discharge, suspension,
87 demotion, reduction of hours, or any other adverse action against an employee
88 for the exercise of any right guaranteed herein. "Retaliatory personnel action"
89 shall also include interference with or punishment for in any manner
90 participating in or assisting an investigation, proceeding, or hearing under
91 sections 290.600 through 290.642;
92 (11) "Same hourly rate", means the following:
93 (a) For employees paid on the basis of a single hourly rate, the same
94 hourly rate shall be the employee's regular hourly rate;
95 (b) For employees who are paid multiple hourly rates of pay from the
96 same employer, the same hourly rate shall be either:
97 a. The wages the employee would have been paid for the hours absent
98 during use of earned paid sick time if the employee had worked; or,
99 b. The weighted average of all hourly rates of pay during the previous
100 pay period.
101
102 Whatever method the employer uses, the employer must use a consistent
103 method for each employee throughout a year;
104 (c) For employees who are paid a salary, the same hourly rate shall be
105 determined by dividing the wages the employee earns in the previous pay
106 period by the total number of hours worked during the previous pay period.
107 For determining total number of hours worked during the previous pay period,
108 employees who are exempt from overtime requirements under 29 U.S.C. § 213
109 (a)(1), the Fair Labor Standards Act, shall be assumed to work forty hours in
110 each work week unless their normal work week is less than forty hours, in
111 which case earned paid sick time shall accrue and the same hourly rate shall be
112 calculated based on the employee's normal work week. Regardless of the basis
113 used, the same hourly rate shall not be less than the effective minimum wage
114 specified in section 290.502;
HCS #2 HBs 567, 546, 758 & 958 5
115 (d) For employees paid on a piece rate or a fee-for-service basis, the
116 same hourly rate shall be a reasonable calculation of the wages or fees the
117 employee would have received for the piece work, service, or part thereof, if
118 the employee had worked. Regardless of the basis used, the same hourly rate
119 shall not be less than the effective minimum wage specified in section
120 290.502;
121 (e) For employees who are paid on a commission basis (whether base
122 wage plus commission or commission only), the same hourly rate shall be the
123 greater of the base wage or the effective minimum wage specified in section
124 290.502;
125 (f) For employees who receive and retain compensation in the form of
126 gratuities in addition to wages, the same hourly rate shall be the greater of the
127 employee's regular hourly rate or one hundred percent of the effective
128 minimum wage specified in section 290.502 without deduction of any tips as a
129 credit;
130 (12) "Sexual assault", as such term is defined in section 455.010;
131 (13) "Stalking", as such term is defined in section 455.010;
132 (14) "Year", a regular and consecutive twelve-month period as
133 determined by the employer; except that for the purposes of section 290.615
134 and section 290.627, "year" shall mean a calendar year.]
[290.603. 1. Employees of an employer with fifteen or more
2 employees shall accrue a minimum of one hour of earned paid sick time for
3 every thirty hours worked, but such employees shall not be entitled to use
4 more than fifty-six hours of earned paid sick time per year, unless the
5 employer selects a higher limit.
6 2. Employees of an employer with fewer than fifteen employees shall
7 accrue a minimum of one hour of earned paid sick time for every thirty hours
8 worked, but such employees shall not be entitled to use more than forty hours
9 of earned paid sick time per year, unless the employer selects a higher limit.
10 3. In determining the number of employees of an employer, all
11 employees performing work in the state for an employer for compensation on
12 a full-time, part-time, or temporary basis shall be counted. In situations in
13 which the number of employees performing work in the state for an employer
14 for compensation per week fluctuates above and below fifteen employees per
15 week over the course of a year, an employer is required to provide earned paid
16 sick time pursuant to subsection 1 of this section if it maintained fifteen or
17 more employees in the state on the payroll for some portion of a working day
18 in each of twenty or more different calendar weeks, including any periods of
19 leave, and whether or not the weeks were consecutive, in either the current or
20 the preceding year (irrespective of whether the same individuals were in
21 employment in each working day).
22 4. All employees shall accrue earned paid sick time as follows:
23 (1) Earned paid sick time as provided in this section shall begin to
24 accrue at the commencement of employment or May 1, 2025, whichever is
25 later. An employee shall be entitled to use earned paid sick time as it is
26 accrued. An employer may provide all earned paid sick time that an employee
27 is expected to accrue in a year at the beginning of the year;
HCS #2 HBs 567, 546, 758 & 958 6
28 (2) Employees who are exempt from overtime requirements under 29
29 U.S.C. § 213(a)(1) of the Federal Fair Labor Standards Act will be assumed to
30 work forty hours in each work week for purposes of earned paid sick time
31 accrual unless their normal work week is less than forty hours, in which case
32 earned paid sick time accrues based upon that normal work week;
33 (3) Up to eighty hours of earned paid sick time shall be carried over to
34 the following year if the employee has any unused accrued earned paid sick
35 time at the end of the year, but this law does not require an employer to permit
36 an employee to use more than the applicable number of hours of earned paid
37 sick time per year as set forth in subsections 1 and 2 of this section.
38 Alternatively, in lieu of carryover of unused earned paid sick time from one
39 year to the next, an employer may pay an employee for unused earned paid
40 sick time at the end of a year which could be carried over and provide the
41 employee with an amount of paid sick time that meets or exceeds the
42 requirements of sections 290.600 through 290.642 that is available for the
43 employee's immediate use at the beginning of the subsequent year;
44 (4) If an employee is transferred to a separate division, entity, or
45 location, but remains employed by the same employer, the employee is entitled
46 to all earned paid sick time accrued at the prior division, entity, or location and
47 is entitled to use all earned paid sick time as provided in this section. When
48 there is a separation from employment and the employee is rehired within nine
49 months of separation by the same employer, previously accrued earned paid
50 sick time that had not been used shall be reinstated. Further, the employee
51 shall be entitled to use accrued earned paid sick time and accrue additional
52 earned paid sick time at the recommencement of employment;
53 (5) When a different employer succeeds or takes the place of an
54 existing employer, all employees of the original employer who remain
55 employed by the successor employer are entitled to all earned paid sick time
56 they accrued when employed by the original employer, and are entitled to use
57 earned paid sick time previously accrued;
58 (6) At its discretion, an employer may loan earned paid sick time to an
59 employee in advance of accrual by such employee.
60 5. Any employer with a paid leave policy, such as a paid time off
61 policy, who makes available an amount of paid leave sufficient to meet the
62 accrual requirements of this section that may be used for the same purposes
63 and under the same conditions as earned paid sick time under sections 290.600
64 through 290.642 is not required to provide additional paid sick time under this
65 section.
66 6. Except as specifically provided in this section, nothing in this
67 section shall be construed as requiring financial or other reimbursement to an
68 employee from an employer upon the employee's termination, resignation,
69 retirement, or other separation from employment for accrued earned paid sick
70 time that has not been used.
71 7. Employees shall not accrue earned paid sick time before May 1,
72 2025. Employees who are employed or who commence employment on or
73 after May 1, 2025 shall accrue earned paid sick time and be entitled to use
74 earned paid sick time as it is accrued in accordance with sections 290.600
75 through 290.642. The department may develop model posters and notices,
HCS #2 HBs 567, 546, 758 & 958 7
76 engage in rulemaking, initiate outreach programs, and engage in other
77 activities for implementation of the provisions of sections 290.600 through
78 290.642 as authorized by those sections before May 1, 2025.]
[290.606. 1. Earned paid sick time shall be provided to an employee
2 by an employer for:
3 (1) An employee's mental or physical illness, injury, or health
4 condition; an employee's need for medical diagnosis, care, or treatment of a
5 mental or physical illness, injury, or health condition; an employee's need for
6 preventative medical care;
7 (2) Care of a family member with a mental or physical illness, injury,
8 or health condition; care of a family member who needs medical diagnosis,
9 care, or treatment of a mental or physical illness, injury, or health condition;
10 care of a family member who needs preventative medical care;
11 (3) Closure of the employee's place of business by order of a public
12 official due to a public health emergency, or an employee's need to care for a
13 child whose school or place of care has been closed by order of a public
14 official due to a public health emergency, or care for oneself or a family
15 member when it has been determined by the health authorities having
16 jurisdiction or by a health care provider that the employee's or family
17 member's presence in the community may jeopardize the health of others
18 because of his or her exposure to a communicable disease, whether or not the
19 employee or family member has actually contracted the communicable
20 disease; or
21 (4) Absence necessary due to domestic violence, sexual assault, or
22 stalking, provided the leave is to allow the employee to obtain for the
23 employee or the employee's family member:
24 (a) Medical attention needed to recover from physical or psychological
25 injury or disability caused by domestic violence, sexual assault, or stalking;
26 (b) Services from a victim services organization;
27 (c) Psychological or other counseling;
28 (d) Relocation or taking steps to secure an existing home due to the
29 domestic violence, sexual assault, or stalking; or
30 (e) Legal services, including preparing for or participating in any civil
31 or criminal legal proceeding related to or resulting from the domestic violence,
32 sexual assault, or stalking.
33 2. Earned paid sick time shall be provided upon the request of an
34 employee. Such request may be made orally, in writing, by electronic means,
35 or by any other means acceptable to the employer. When possible, the request
36 shall include the expected duration of the absence.
37 3. When the use of earned paid sick time is foreseeable, the employee
38 shall make a good faith effort to provide notice of the need for such time to the
39 employer in advance of the use of the earned paid sick time and shall make a
40 reasonable effort to schedule the use of earned paid sick time in a manner that
41 does not unduly disrupt the operations of the employer. Where such need is
42 not foreseeable, an employer may require an employee to provide notice of the
43 need for the use of earned paid sick time as soon as practicable.
HCS #2 HBs 567, 546, 758 & 958 8
44 4. An employer that requires notice of the need to use earned paid sick
45 time where the need is not foreseeable shall provide a written policy that
46 contains procedures for the employee to provide notice. An employer that has
47 not provided to the employee a copy of its written policy for providing such
48 notice shall not deny earned paid sick time to the employee based on
49 noncompliance with such a policy.
50 5. An employer may not require, as a condition of an employee's
51 taking earned paid sick time, that the employee search for or find a
52 replacement worker to cover the hours during which the employee is using
53 earned paid sick time.
54 6. Earned paid sick time may be used in the smaller of hourly
55 increments or the smallest increment that the employer's payroll system uses to
56 account for absences or use of other time.
57 7. For earned paid sick time of three or more consecutive work days,
58 an employer may require reasonable documentation that the earned paid sick
59 time has been used for a purpose covered by subsection 1 of this section.
60 (1) Documentation signed by a heath care professional indicating that
61 earned paid sick time is necessary shall be considered reasonable
62 documentation for purposes of this section.
63 (2) In cases of domestic violence, sexual assault, or stalking, if the
64 employer requests, one of the following types of documentation selected by
65 the employee shall be considered reasonable documentation: (i) a police
66 report indicating that the employee or the employee's family member was a
67 victim of domestic violence, sexual assault, or stalking; (ii) a written statement
68 from an employee or agent of a victim service provider affirming that the
69 employee or employee's family member is or was receiving services from a
70 victim service provider; (iii) documentation signed by a health care
71 professional from whom the employee or employee's family member sought
72 assistance relating to domestic violence, sexual assault, or stalking or the
73 effects thereof; (iv) a court document indicating that an employee or
74 employee's family member is or was involved in a legal action related to
75 domestic violence, sexual assault, or stalking; or (v) a written statement from
76 the employee affirming that the employee or employee's family member is
77 taking or took earned paid sick time for a qualifying purpose of subsection 1 of
78 this section.
79 (3) An employer may not require that the documentation explain the
80 nature of the illness, details of the underlying health needs, or the details of the
81 domestic violence, sexual assault, or stalking, unless otherwise required by
82 law.]
[290.609. 1. It shall be unlawful for an employer or any other person
2 to interfere with, restrain, or deny the exercise of, or the attempt to exercise,
3 any right protected under sections 290.600 through 290.642.
4 2. An employer shall not take retaliatory personnel action or
5 discriminate against an employee or former employee because the individual
6 has exercised rights protected under sections 290.600 through 290.642. Such
7 rights include, but are not limited to, the right to request or use earned paid
8 sick time pursuant to sections 290.600 through 290.642; the right to file a
HCS #2 HBs 567, 546, 758 & 958 9
9 complaint or inform any person about any employer's alleged violation of
10 sections 290.600 through 290.642; the right to participate in any investigation,
11 hearing, or proceeding or cooperate with or assist the department in any
12 investigations of alleged violations of sections 290.600 through 290.642; and
13 the right to inform any person of his or her potential rights under sections
14 290.600 through 290.642.
15 3. It shall be unlawful for an employer's absence control policy to
16 count earned paid sick time taken under sections 290.600 through 290.642 as
17 an absence that may lead to or result in discipline, discharge, demotion,
18 suspension, or any other adverse action.
19 4. Protections of this section shall apply to any individual who
20 mistakenly but in good faith alleges violations of sections 290.600 through
21 290.642.]
[290.612. 1. Employers shall give employees a written notice about
2 earned paid sick time within fourteen calendar days of the commencement of
3 employment or on April 15, 2025, whichever is later, which must include the
4 following information: (1) beginning May 1, 2025, employees accrue and are
5 entitled to earned paid sick time at the rate one hour of earned paid sick time
6 for every thirty hours of work, and may use earned paid sick time, subject to
7 the limits and terms under sections 290.600 through 290.642 of Missouri law,
8 (2) it is prohibited for an employer to take retaliatory personnel action against
9 employees who request or use earned paid sick time as allowed by law, (3)
10 each employee has the right to bring a civil action if earned paid sick time as
11 required by sections 290.600 through 290.642 is denied by the employer or the
12 employee is subjected to retaliatory personnel action by the employer for
13 exercising the employee's rights under sections 290.600 through 290.642; and,
14 (4) the contact information for the department. Notice shall be provided by the
15 employer to the employee on a single piece of paper, at least 8.5 x 11, in no
16 less than 14-point font.
17 2. Beginning April 15, 2025, employers shall display a poster that
18 contains the information required in subsection 1 of this section in a
19 conspicuous and accessible place in each establishment where such employees
20 are employed, provided that such poster has been made available by the
21 department.
22 3. The department may create and make available to employers, model
23 notices and posters that contain the information required under subsection 1 of
24 this section for employers' use in complying with subsections 1 and 2 of this
25 section. Nothing in this subsection shall be interpreted or applied, either
26 expressly or through practical necessity, to require the department to create or
27 make available notices or posters if it requires the appropriation of funds to
28 cover the costs of such acts.]
[290.615. 1. Employers shall retain records documenting hours
2 worked by employees and earned paid sick time taken by employees, for a
3 period of not less than three years, and shall allow the department access to
4 such records, with appropriate notice and at a mutually agreeable time, to
HCS #2 HBs 567, 546, 758 & 958 10
5 monitor compliance with the requirements of sections 290.600 through
6 290.642.
7 2. To the extent permitted by law, the director may inspect such
8 records, and the records shall be open for inspection by the director by
9 appointment. Where the records required under this section are kept outside
10 the state, the records shall be made available to the director upon demand.
11 Every such employer shall furnish to the director on demand a sworn
12 statement of time records and information upon forms prescribed or approved
13 by the director. All the records and information obtained by the department
14 are confidential and shall be disclosed only on order of a court of competent
15 jurisdiction.
16 3. Nothing in this section shall be interpreted or applied, either
17 expressly or through practical necessity, to require the department or director
18 to access or inspect records or to create forms relating to the inspection of
19 records if it requires the appropriation of funds to cover the costs of such acts.]
[290.618. 1. The department may, in accordance with chapter 536,
2 promulgate rules for the implementation, enforcement, and administration of
3 sections 290.600 through 290.642. Any rule or portion of a rule, as that term is
4 defined in section 536.010, that is created under the authority delegated in this
5 section shall become effective only if it complies with and is subject to all of
6 the provisions of chapter 536 and, if applicable, section 536.028. This section
7 and chapter 536 are nonseverable and if any of the powers vested with the
8 general assembly pursuant to chapter 536 to review, to delay the effective date,
9 or to disapprove and annul a rule are subsequently held unconstitutional, then
10 the grant of rulemaking authority and any rule proposed or adopted after
11 November 5, 2024, shall be invalid and void.
12 2. Nothing in this section shall be interpreted or applied, either
13 expressly or through practical necessity, to require the promulgation or
14 adoption of rules if it requires the appropriation of funds to cover the costs of
15 such acts.]
[290.621. 1. The department may investigate and ascertain
2 compliance with sections 290.600 through 290.642, establish and implement
3 a system to receive complaints regarding noncompliance with sections
4 290.600 through 290.642 and to investigate and attempt to resolve complaints
5 between the complainant and the subject of the complaint, and establish
6 additional means of enforcement, including requiring by subpoena the
7 testimony of witnesses and production of books, records, and other evidence
8 relative to any matter under investigation or hearing, issuing notices of
9 violation, holding hearings on notices of violation, making determinations,
10 recovering unpaid earned sick time, and imposing fines for willful violations
11 of up to five hundred dollars per day of each day of a continuing violation. A
12 final decision of the department is subject to review in accordance with the
13 provisions of chapter 536.
14 2. The department may develop and implement an outreach program
15 to inform employees, parents, and persons who are under the care of a health
16 care provider about the availability of earned paid sick time under sections
HCS #2 HBs 567, 546, 758 & 958 11
17 290.600 through 290.642. This program may include the distribution of
18 notices and other written materials to child care and elder care providers,
19 domestic violence shelters, schools, hospitals, community health centers and
20 other health care providers in Missouri.
21 3. A municipality, county, city, town, or village may adopt ordinances,
22 rules, and regulations to investigate and ascertain compliance with sections
23 290.600 through 290.642, establish and implement a system to receive
24 complaints regarding noncompliance with sections 290.600 through 290.642
25 and to investigate and attempt to resolve complaints between the complainant
26 and the subject of the complaint, and establish additional means of
27 enforcement, with respect to employers within, or employees performing
28 work while physically present in, the geographic boundaries of the
29 municipality, county, city, town, or village. Any such ordinance, rule, or
30 regulation shall be consistent with this law and any department rules or
31 regulations and system for compliance and enforcement. The municipality,
32 county, city, town, or village may exercise such powers as allowed by any
33 applicable charter or ordinance, including requiring by subpoena the testimony
34 of witnesses and production of books, records, and other evidence relative to
35 any matter under investigation or hearing, issuing notices of violation, holding
36 hearings on notices of violation, making determinations, recovering unpaid
37 earned sick time, and imposing fines for willful violations of up to the
38 maximum allowed for an ordinance violation. Before investigating or seeking
39 to resolve any complaint between the complainant and the subject of the
40 complaint, the municipality, county, city, town, or village shall give notice to
41 the department with a copy of the complaint and, within fourteen days of such
42 notice, the department may intervene as of right and participate in the matter to
43 ensure that the complaint is being investigated and resolved in the interest of
44 effective enforcement of sections 290.600 through 290.642 or, alternatively,
45 the department may institute its own proceedings in which case the
46 municipality, county, city, town, or village shall refrain from acting on the
47 matter so long as the complaint is being investigated and resolved in the
48 interest of effective enforcement of sections 290.600 through 290.642. If the
49 department does not, within fourteen days, intervene or instigate its own
50 proceedings, the municipality, county, city, town, or village may, without the
51 department, investigate and attempt to resolve the complaint and take other
52 additional means within its power to enforce sections 290.600 through 290.642
53 against the subject of the complaint. In no event shall an employer be subject
54 to compliance proceedings arising out of a single set of facts after having
55 already been subjected to a final compliance order by another governmental
56 entity.
57 4. Nothing in this section shall be interpreted or applied, either
58 expressly or through practical necessity, to require the department, a
59 municipality, county, city, town, or village to conduct investigations and
60 ascertain compliance with sections 290.600 through 290.642, to establish and
61 implement a system to receive or resolve complaints, to establish additional
62 means of enforcement, or to conduct outreach and education, including the
63 creation of notices and other written materials, concerning sections 290.600
HCS #2 HBs 567, 546, 758 & 958 12
64 through 290.642, if it requires the appropriation of funds to cover the costs of
65 such acts.]
[290.624. 1. Any employer who willfully violates or fails to comply
2 with any of the provisions and requirements of sections 290.600 through
3 290.642 shall be guilty of a class C misdemeanor; provided, however, that an
4 employer who willfully violates the notice and posting requirements of section
5 290.612 shall be guilty of an infraction.
6 2. For purposes of this section, each day of violation or failure to
7 comply and each employee affected shall constitute a separate offense.]
[290.627. 1. Any individual who claims to have been aggrieved by a
2 failure of an employer to comply with any portion of sections 290.600 through
3 290.642, including but not limited to the failure to provide earned paid sick
4 time or to allow employees to use such time consistent with sections 290.600
5 through 290.642, or who claims to have suffered a retaliatory personnel action,
6 shall have a right of action and may commence a civil action in the appropriate
7 court of jurisdiction within three years of the accrual of the cause of action, to
8 obtain appropriate relief with respect to such unlawful violation. Such action
9 may be brought without first filing an administrative complaint.
10 2. In a civil action under this section, if the court finds a violation has
11 occurred, the court may grant as relief, as it deems appropriate and to the
12 extent permitted by law, any permanent or temporary injunction, the full
13 amount of any unpaid earned sick time plus any actual damages suffered as the
14 result of the employer's violation of sections 290.600 through 290.642, an
15 additional amount equal to twice any unpaid earned sick time as liquidated
16 damages, costs, and reasonable attorney's fees as may be allowed by the court,
17 and other legal or equitable relief as may be appropriate to remedy the
18 violation, including, without limitation, reinstatement to employment and back
19 pay.]
[290.630. 1. Except as otherwise required by law, an employer may
2 not require disclosure of details relating to an employee's or an employee's
3 family member's health information, domestic violence, sexual assault, or
4 stalking as a condition of providing earned paid sick time under sections
5 290.600 through 290.642.
6 2. Unless as otherwise required by law, any health or safety
7 information possessed by an employer regarding an employee or employee's
8 family member must:
9 (1) Be maintained on a separate form and in a separate file from other
10 personnel information;
11 (2) Be treated as confidential medical records; and
12 (3) Not be disclosed except to the affected employee or with the
13 express written permission of the affected employee.]
[290.633. 1. With respect to employees covered by a valid collective
2 bargaining agreement in effect on November 5, 2024, no provisions of sections
3 290.600 through 290.642 shall apply until the stated expiration date in the
HCS #2 HBs 567, 546, 758 & 958 13
4 collective bargaining agreement; however, further the provisions of sections
5 290.600 through 290.642 shall apply upon any such agreement's renewal,
6 extension, amendment, or modification in any respect after November 5, 2024.
7 2. Nothing in sections 290.600 through 290.642 shall be deemed to
8 interfere, impede, or otherwise diminish the right of employees to bargain
9 collectively through representatives of their own choosing in order to establish
10 earned paid sick time or other conditions of work in excess of the applicable
11 minimum standards under the provisions of sections 290.600 through 290.642.
12 3. Any waiver by an employee of rights under sections 290.600
13 through 290.642 shall be deemed contrary to public policy and shall be void.]
[290.636. 1. Nothing in sections 290.600 through 290.642 shall be
2 construed to discourage or prohibit an employer from the adoption or retention
3 of an earned paid sick time policy more generous than the one required herein.
4 2. Nothing in sections 290.600 through 290.642 shall be construed as
5 diminishing the obligation of an employer to comply with any contract,
6 collective bargaining agreement, employment benefit plan, or other agreement
7 providing more generous paid sick time to an employee than required herein.
8 Nothing in sections 290.600 through 290.642 shall be construed as
9 diminishing the rights of public employees regarding paid sick time or use
10 of paid sick time as provided in the laws of Missouri and ordinances of
11 political subdivisions pertaining to public employees.]
[290.639. 1. Sections 290.600 through 290.642 provide minimum
2 requirements pertaining to earned paid sick time and shall not be construed to
3 preempt, limit, or otherwise affect the applicability of any other law,
4 regulation, requirement, policy, or standard that provides for greater accrual
5 or use by employees of earned paid sick time or that extends other protections
6 to employees.
7 2. Nothing in sections 290.600 through 290.642 shall be interpreted or
8 applied to create a power or obligation contrary to any federal law, rule, or
9 regulation.]
[290.642. Except as detailed in section 290.618, all of the provisions
2 of sections 290.600 through 290.642 are severable, and if any provision,
3 including any section, subsection, subdivision, paragraph, sentence, or clause,
4 or the application thereof to any person or circumstance, is found by a court of
5 competent jurisdiction to be invalid, unconstitutional, or unconstitutionally
6 enacted, such decision shall not affect other provisions or applications of
7 sections 290.600 through 290.642 that can be given effect without the invalid,
8 unconstitutional, or unconstitutionally enacted provision or application, and to
9 this end the provisions of sections 290.600 through 290.642 are declared
10 severable.]
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