Domestic Worker Rights in Missouri: Nannies, Housekeepers & Home Aides

The Fair Labor Standards Act (FLSA), 29 U.S.C. § 206 and § 207, covers domestic workers employed in a household. Domestic workers must receive at least the federal minimum wage ($7.25 per hour as of 2024) and overtime pay at one and one-half times the regular rate for all hours worked over 40 per week. The FLSA applies when a domestic worker is employed by a household for 20 or more hours per week, or when gross annual compensation exceeds $2,100 (as of 2024, subject to annual adjustment). Employers of domestic workers are covered under the FLSA unless they fall within narrow exceptions.

Title VII of the Civil Rights Act of 1964, 42 U.S.C. § 2000e, prohibits employment discrimination based on race, color, religion, sex, or national origin for employers with 15 or more employees, including those employing domestic workers. The Age Discrimination in Employment Act (ADEA), 29 U.S.C. § 621, protects domestic workers age 40 and older from age discrimination. The Americans with Disabilities Act (ADA), 42 U.S.C. § 12101, requires reasonable accommodations for domestic workers with disabilities.

The Occupational Safety and Health Act (OSHA), 29 U.S.C. § 651 et seq., does not apply to household employers, meaning domestic workers lack federal workplace safety protections. The Equal Pay Act, 29 U.S.C. § 206(d), applies to domestic workers and prohibits sex-based pay discrimination. Enforcement is through the U.S. Department of Labor Wage and Hour Division and the EEOC. Remedies include back pay, liquidated damages (equal to back pay), and in discrimination cases, compensatory and punitive damages.

Missouri state law treats domestic workers differently from other employees in significant ways. Under Mo. Rev. Stat. section 290.500, Missouri does not require employers to comply with many state wage and hour protections for household employees. However, Mo. Rev. Stat. section 287.120 requires workers' compensation insurance coverage for domestic workers employed 40 or more hours per week, meaning the employer must carry coverage or face penalties.

Missouri Revised Statutes section 290.500 specifically excludes domestic workers from several state labor protections, including meal break requirements, certain wage deduction restrictions, and notice requirements that apply to other employees. This means Missouri provides minimal state-level wage protections beyond what federal law requires. Domestic workers in Missouri are not entitled to state minimum wage above the federal floor, paid sick leave, paid vacation, or family leave under state law.

Missouri law requires that employers of domestic workers provide written disclosure of the terms of employment, including wage rates, hours, and duties. This is codified in Mo. Rev. Stat. section 290.500. The written disclosure must be given at the time of hire and must be clearly understood by the domestic worker. Missouri does not provide state-specific protections for live-in domestic workers, meaning they receive the same federal protections as day workers but no additional state safeguards.

Missouri law does not prohibit retaliation against domestic workers who complain about wage violations, but federal law does. Under the FLSA and state wage laws, employers cannot retaliate against domestic workers for filing complaints or participating in wage investigations. Domestic workers covered by federal anti-discrimination laws (employers with 15+ employees) are protected against retaliation for reporting discrimination to the EEOC. Missouri has no state human rights agency equivalent to other states; discrimination claims must be filed with the federal EEOC.

Domestic workers employed by family members in a casual or temporary capacity may not be covered under the FLSA if they are employed fewer than 20 hours per week or earn less than $2,100 annually. However, Missouri courts generally interpret FLSA coverage broadly for domestic workers, so the casual employment exception is narrowly applied. Employers who do not meet the coverage threshold (fewer than 15 employees for Title VII purposes) are not covered by federal anti-discrimination laws, though they remain subject to FLSA minimum wage and overtime requirements.

Missouri's exclusion of domestic workers from state wage protections means that many state-level wage laws do not apply, including protections for certain deductions from pay and wage payment timing requirements that apply to other employees. Live-in domestic workers are treated the same as day workers under Missouri and federal law; there are no separate legal protections for room and board arrangements, though the value of room and board cannot be credited toward minimum wage under federal law. Domestic workers employed by non-profit charitable organizations may have different coverage under some federal protections, but Missouri law does not carve out exceptions for non-profits employing domestic workers.

At-will employment applies to domestic workers in Missouri unless there is a written or implied contract providing otherwise. An employer cannot terminate a domestic worker in retaliation for filing a wage complaint or reporting discrimination, but can terminate for other reasons without cause. Domestic workers without a written contract may have difficulty proving the terms of their employment, making documentation and written agreements crucial. Union organizing rights are theoretically available to domestic workers under the National Labor Relations Act, but organizing in private households faces practical challenges.

Step 1: Document all employment details and wage violations. Keep a record of dates worked, hours per day, total hours per week, wages paid (in cash or check), and any promises made about pay, breaks, or conditions. Photograph pay stubs or documents showing compensation. Write down the names and contact information of other domestic workers employed by the same household, as they may corroborate your claim. If you live in the home, document living conditions and any deductions claimed for room and board, as these cannot reduce minimum wage below the federal floor.

Step 2: Attempt internal complaint if possible. Request a private conversation with your employer about the wage issue. Clearly state what you believe is owed (unpaid wages, overtime, or violations). Ask for written confirmation of your hours worked and pay rate. Document this conversation in writing (email or text) for your records. If you receive a response, keep it. If your employer refuses to discuss or retaliates, this strengthens your claim. Do not sign any agreements waiving your rights without consulting an attorney first.

Step 3: File a wage complaint with the U.S. Department of Labor Wage and Hour Division (federal FLSA claim). Contact the St. Louis area office at 314-539-6600 or visit www.dol.gov/agencies/whd. You have 2 years from the violation to file (3 years for willful violations). Alternatively, file a private lawsuit in Missouri state court without filing with the agency first, though filing administratively first is recommended. For discrimination claims, file an EEOC charge within 180 days of the discrimination. The EEOC has no Missouri office; file online at www.eeoc.gov or by calling 1-800-669-4000.

Step 4: Understand the investigation process. The Department of Labor will contact your employer to investigate, which may take 30-90 days. The employer will be asked to produce payroll records, timesheets, and wage records. You will be interviewed by a wage and hour investigator. The agency may conduct an in-home inspection if you are a live-in worker. If the investigator finds violations, the agency will attempt conciliation. If that fails, they may refer your case for litigation. EEOC discrimination investigations follow a similar timeline; you will be notified of findings and may pursue a "right to sue" letter to file private litigation.

Step 5: Consult an attorney before escalating. Contact a lawyer specializing in employment law or wage and hour claims. Many work on contingency (no upfront fee). An attorney can estimate potential recovery (back wages, liquidated damages, attorney fees), advise whether settlement is favorable, and represent you in litigation if needed. Domestic workers in Missouri have strong federal claims but limited state protections, making federal law expertise essential. Some legal aid organizations serve low-income domestic workers; contact Missouri's Legal Aid office at 1-800-444-0154.