Filing a State Labor Board Complaint in Missouri

The Fair Labor Standards Act (29 U.S.C. § 206-207) establishes the federal minimum wage and overtime requirements. The federal Department of Labor's Wage and Hour Division investigates FLSA violations for employers with at least two employees engaged in interstate commerce. The FLSA prohibits failure to pay minimum wage ($7.25 per hour federally) and requires overtime pay at 1.5 times the regular rate for hours over 40 per week. Remedies include unpaid wages, liquidated damages equal to unpaid wages, and in some cases civil penalties up to $10,000 per violation.

Title VII of the Civil Rights Act (42 U.S.C. § 2000e-5) prohibits employment discrimination based on race, color, religion, sex, and national origin for employers with 15+ employees. The EEOC enforces Title VII by investigating complaints filed within 180 days of the discriminatory act. Remedies include back pay, front pay, reinstatement, compensatory damages for emotional distress, and punitive damages up to $300,000 in cases of intentional discrimination by large employers.

The Age Discrimination in Employment Act (29 U.S.C. § 621) protects workers 40+ from age-based discrimination by employers with 20+ employees, with complaints filed to the EEOC within 180 days. The Americans with Disabilities Act (42 U.S.C. § 12101) requires employers with 15+ employees to reasonably accommodate qualified disabled employees, enforced by the EEOC.

Missouri Revised Statutes section 290.505 establishes the state wage claim procedure. Missouri law is generally weaker than federal law because it does not create a state-level discrimination protection agency or statute for civil rights complaints. Missouri has no state minimum wage law separate from the federal minimum of $7.25 per hour; the state follows the federal floor entirely.

Under Missouri section 290.530, wage claims must be filed within two years for non-willful violations or three years for willful violations. This is comparable to the federal FLSA statute of limitations (two years for non-willful, three years for willful under 29 U.S.C. § 255). Missouri law applies to all employers, regardless of size, for wage and hour claims.

Missouri critically differs from federal law in that it has no state-level civil rights agency and is classified as a non-deferral state under Title VII. This means employees seeking protection from discrimination based on race, color, religion, sex, national origin, age (for those 40+), or disability must file directly with the federal EEOC within 180 days of the discriminatory act—there is no state agency intermediary. Other states operate as deferral states with 300-day filing deadlines because they have state civil rights agencies that investigate first.

Missouri Revised Statutes section 290.250 sets the state minimum wage at the federal level ($7.25), providing no additional state protection beyond federal FLSA. For overtime, Missouri follows federal law—1.5 times regular rate for hours over 40 per week under 29 U.S.C. § 207. Remedies under Missouri wage law include unpaid wages and, in some cases, penalties, but Missouri lacks a private right of action for discrimination claims; such claims must proceed through the EEOC.

Missouri does not apply wage and hour protections to certain agricultural workers, domestic workers in private homes, and independent contractors under Missouri Revised Statutes section 290.500. Employees misclassified as independent contractors may still file claims if the relationship meets the statutory definition of employment.

Missouri is an at-will employment state, meaning employers can terminate employees for any lawful reason or no reason. However, wrongful termination claims arise when termination violates public policy—such as firing an employee for refusing to commit a crime, reporting illegal activity, serving jury duty, or exercising legal rights. Whistleblower protections under Missouri law protect employees who report violations of federal or state law; retaliation for such protected conduct is prohibited.

For EEOC discrimination complaints, Missouri's non-deferral status means complaints do not automatically go to a state agency first. The EEOC has sole jurisdiction over Title VII claims. Employers may defend discrimination claims by showing a legitimate, non-discriminatory reason for an employment decision, or that the plaintiff is not a qualified member of a protected class.

The bona fide occupational qualification (BFOQ) defense permits employers to discriminate based on protected characteristics in rare cases where the characteristic is essential to the job—for example, a female-only position in a women's shelter. Similarly, seniority systems, merit systems, and piece-rate payment systems are permitted if applied consistently and without discriminatory intent. Employers may also defend claims by showing the plaintiff failed to meet legitimate job requirements or engaged in misconduct justifying termination.

Step 1: Document the violation meticulously. Keep copies of pay stubs, time records, emails, text messages, and any written policies showing wage theft, minimum wage violations, or overtime non-compliance. For discrimination claims, document the discriminatory comment, date, time, witnesses present, and how the conduct affected you. Save all performance reviews, emails, and communications showing disparate treatment. Create a timeline with specific dates and amounts owed. Photograph or screenshot digital evidence immediately, as employers may delete records.

Step 2: File an internal complaint with your employer's HR department or manager if safe to do so. Put the complaint in writing (email counts) and keep a copy. State the specific violation, dates, and amounts. Request a response in writing. This creates a paper trail and may prompt corrective action. However, internal complaints are not required before filing with a government agency; you may skip this step if you fear retaliation or if the complaint would be futile.

Step 3: Determine which agency to contact. For wage and hour violations (unpaid wages, minimum wage, overtime), file with the Missouri Department of Labor and Industrial Relations, Wage and Hour Division. File online at labor.mo.gov or contact the department at 573-751-3403. The deadline is 2 years for non-willful violations or 3 years for willful violations under Missouri Revised Statutes section 290.530. For discrimination claims (race, color, religion, sex, national origin, age 40+, disability), file with the federal EEOC within 180 days of the discriminatory act. File online at eeoc.gov, by mail to the St. Louis EEOC office (816-221-8000), or call 1-800-669-4000. Provide your name, employer name and address, date of violation, description of what happened, witnesses, and documentation.

Step 4: The investigation process depends on which agency handles your claim. The Missouri Department of Labor typically investigates wage claims within 30-60 days. An investigator will contact your employer, request payroll records, and may interview you. You will be notified in writing of findings. If a violation is found, the employer receives notice to pay back wages; if the employer refuses, you may pursue civil action in court. The EEOC investigation typically takes 6-12 months. The EEOC will send a Notice of Charge to your employer, who has 10 days to respond. The EEOC investigates by requesting documents, conducting interviews, and determining whether there is reasonable cause to believe discrimination occurred. You will receive a Right to Sue letter, which gives you permission to file a federal lawsuit within 90 days.

Step 5: Consult an employment attorney if the violation is significant (thousands of dollars or ongoing pattern), if retaliation occurs, or if the agency investigation stalls. Many employment lawyers work on contingency for wage theft cases (you pay nothing upfront). For discrimination claims, ask about attorneys experienced in EEOC litigation. Attorneys can help gather evidence, negotiate settlement, and file federal court lawsuits if the EEOC issues a Right to Sue letter. Contact the Missouri Bar Association's lawyer referral service at 573-635-4284 for names of qualified employment lawyers.