Employee Expense Reimbursement Laws in Missouri

The Fair Labor Standards Act (FLSA), 29 U.S.C. § 201 et seq., does not explicitly mandate expense reimbursement. However, the FLSA prohibits employers from making deductions from wages that reduce compensation below the federal minimum wage of $7.25 per hour. The Department of Labor enforces FLSA requirements and recognizes that necessary business expenses that are the employer's responsibility should not be borne by the employee through wage deductions.

Federally, the Department of Labor has issued guidance stating that if an employer requires an employee to incur expenses for tools, equipment, or materials necessary to perform the job, the employer must ensure that reimbursement does not reduce the employee's wages below minimum wage. Overtime pay calculations cannot be reduced by unreimbursed expenses. The EEOC does not enforce expense reimbursement directly; the DOL's Wage and Hour Division handles wage-related complaints at the federal level. Employees can file a complaint with the DOL's Wage and Hour Division, but the FLSA does not create an independent right to reimbursement—only a prohibition on wage reduction below minimum wage.

Missouri Revised Statutes Section 290.110 is the controlling state statute. It requires employers to pay employees all wages earned and prohibits deductions that reduce wages below the state minimum wage (currently $11.15 per hour as of 2024, indexed annually). This state law is stronger than the federal baseline because it explicitly recognizes that employees should not bear the cost of necessary business expenses.

Missouri courts and the Department of Labor have interpreted Section 290.110 to require that employers reimburse employees for ordinary and necessary expenses incurred in the course of employment, including travel, meals during business travel, supplies, tools, and equipment that the employer requires. The reimbursement must be made without unreasonable delay—generally interpreted as the next regular paycheck or within a reasonable timeframe.

Unlike federal law, which allows wage reductions if they do not dip below minimum wage, Missouri law treats unreimbursed required expenses as unpaid wages. Missouri applies this protection to all employees—hourly, salaried, exempt, and non-exempt—provided the expenses are job-related and required by the employer. Self-employed individuals and independent contractors are not covered; Missouri law applies only to employees.

Remedies under Missouri law include back pay for unreimbursed expenses, liquidated damages equal to the amount owed (in some cases), and reasonable attorney's fees. Employees can file administrative complaints with the Missouri Department of Labor and Industrial Relations (DOLIR) or pursue a private lawsuit under Section 290.260, which prohibits retaliation for asserting wage rights.

Expense reimbursement obligations do not apply to personal expenses or expenses that benefit the employee personally, such as commuting costs to the workplace, personal grooming supplies, or meals eaten at the workplace cafeteria (if optional). Employers may require employees to use a specific vendor or pre-approved method for business expenses; if the employee chooses a more expensive option without approval, the employer may limit reimbursement to the approved amount.

If an employee is provided with a company car, fuel card, or equipment by the employer, the employer is not obligated to reimburse personal mileage or use unrelated to work. Losses due to employee negligence or intentional misconduct—such as damaged equipment the employee was required to purchase and then broke due to carelessness—may not be reimbursable if state law recognizes such a deduction. However, Missouri courts are skeptical of employer claims that expenses are the employee's responsibility; the burden is on the employer to prove the expense was not job-required.

Employees classified as exempt under the FLSA are still entitled to expense reimbursement under Missouri law. The no-deduction rule for exempt employees (which prevents docking salary for poor performance) does not eliminate the obligation to reimburse necessary business expenses. Union employees are covered by Missouri wage law unless a collective bargaining agreement explicitly modifies reimbursement practices (and the agreement cannot eliminate the obligation entirely).

Step 1: Document all unreimbursed expenses. Keep receipts, credit card statements, mileage logs, and email confirmations showing that you incurred the expense at the employer's request or as a requirement of the job. Note the date, amount, category (travel, supplies, equipment), and whether you have requested reimbursement previously. Take screenshots of any policy documents showing the expense was job-required. Create a spreadsheet totaling all unreimbursed amounts over the period you are claiming.

Step 2: Make a formal internal request for reimbursement. Send a written email to your manager or HR department documenting the expenses and requesting reimbursement within a specific timeframe (e.g., within 14 days). Keep a copy of this request. If your employer has a reimbursement policy, request reimbursement in compliance with that policy. This internal step is important because it creates a clear record and gives the employer an opportunity to correct the violation before you file a government complaint.

Step 3: File a wage complaint with the Missouri Department of Labor and Industrial Relations (DOLIR) if reimbursement is not made within a reasonable time after your request. Visit the DOLIR website at www.dolir.mo.gov. Click on the "File a Wage Complaint" link. You will provide your name, contact information, employer name and address, the amount owed, dates of the violations, and a description of the unreimbursed expenses. Alternatively, you can call the DOLIR Wage and Hour Bureau at 573-526-4338 to file by phone or request a paper form. The filing deadline is two years from the date of the violation. Submit all supporting documentation (receipts, emails, policies) with your complaint.

Step 4: Understand the investigation process. The DOLIR will assign an investigator to your case. The investigator will contact your employer to request payroll records, expense policies, and the employer's response to your complaint. This typically takes 30-90 days. You may be asked to provide additional documentation or participate in an interview. The investigator will determine whether the employer violated Missouri wage law. If a violation is found, the DOLIR can issue a citation and order the employer to pay back wages plus penalties. The investigator may also refer the case to the Attorney General's office if the violation is willful or repeated.

Step 5: Consult an employment law attorney if the DOLIR investigation is not satisfactory, if the employer retaliates, or if the amount owed is substantial. An employment law attorney in Missouri can file a private lawsuit under Missouri Revised Statutes Section 290.260 for unpaid wages, liquidated damages, and attorney's fees. Many Missouri employment attorneys work on contingency for wage cases, meaning you pay no upfront fee. An attorney can also advise you on whether you have a retaliation claim if the employer penalizes you for filing a complaint.