Changes To The Contract
Changes to an employment contract are generally governed by the contractual terms and common law. In the case of collective bargaining agreements between public employers and employees that do not provide for at least a sixty-day notice of desired changes, the parties must inform the other party in writing of any specific changes desired and file a copy of such desired changes with the state board of mediation at least sixty days before the date fixed for the termination of the agreement (Mo. Rev. Stat. §295.100).
Change In Ownership Of The Business
There are no statutory provisions regarding change in ownership of the business. Contractual provisions and federal law may apply.
Social Security Contributions
Employers and employees are both required by federal law to make social security contributions. Employers are also required by state law to make contributions for unemployment benefits and may also be required to pay for workers’ compensation insurance (Mo. Rev. Stat. §§288.010 et seq., 287.010 et seq.).
Accidents At Work
Employee injuries occurring at work are governed by the Missouri Workers’ Compensation Law (Mo. Rev. Stat. §§287.010 et seq.). Missouri law prohibits employers from retaliating against employees for exercising their rights under Missouri Workers’ Compensation Laws. Mo. Rev. Stat. §287.780. Employers may also be responsible under common law for accidents caused by the acts of their employees where the employees were acting within the course and scope of their employment. Federal law may also apply.
Discipline And Grievance
There are no statutory provisions regarding discipline and grievances. A collective bargaining agreement or other contract may apply.
The Missouri Human Rights Act prohibits discrimination in employment on the basis of race, color, religion, national origin, sex, ancestry, age (40 to less than 70 years of age), or disability (Mo. Rev. Stat. §§213.010 et seq.).
This provision applies to employers with six or more employees. Certain municipalities also prohibit discrimination on these and other bases.
The Missouri Equal Pay Law prohibits employers from paying females a wage rate less than the wage rate paid to male employees who perform the same quantity and quality of the same classification of work (Mo. Rev. Stat. §§290.400 to 290.450). Variation of rates of pay for male and female employees engaged in the same classification of work are only permitted if based upon a difference in seniority, length of service, ability, skill, difference in duties or services performed, difference in the shift or time of day worked, hours of work, or restrictions or prohibitions on lifting or moving objects in excess of specified weight, or other reasonable differentiation, or factors other than sex, when exercised in good faith(Mo. Rev. Stat. § 290.410).
Employers are also prohibited from using genetic information or genetic test results to distinguish between, discriminate against, or restrict the rights or benefits of current or prospective employees (Mo. Rev. Stat. §375.1306). Employers (other than certain religious and non-profit corporations) are further prohibited from denying employment, discharging, or otherwise discriminating against any individual in compensation, terms, or conditions of employment because he or she lawfully uses alcohol or tobacco products off the employer’s premises during non-work hours, unless use interferes with the duties and performance of the employee, the employee’s co-workers, or overall operation of the employer’s business (Mo. Rev. Stat. §290.145).
Compulsory Training Obligations
There are no statutory provisions regarding compulsory training obligations.
The following deductions from wages are prohibited if they would reduce the wages below statutory minimum: tools; equipment; uniforms; laundry or cleaning of uniforms; maintenance of tools, equipment, or uniforms; breakage or loss of tools, equipment, or uniforms; any other item required by the employer to be worn or used by the employee; or transportation furnished to the employee, if it is an incident of and necessary to the employment (8 C.S.R. §30-4.050). Deductions from wages for garnishments must also comply with state and federal requirements (Mo. Rev. Stat. § 525.030). Any other deductions from wages are prohibited unless agreed to in writing by the employee and do not reduce the employee’s wages below the statutory minimum. At least once a month, employers must furnish to the employee (either as part of the check or separately) a statement showing the total amount of deductions for the period (Mo. Rev. Stat. § 290.080).
Payments For Maternity And Disability Leave
There are no statutory provisions regarding payments for maternity and disability leave.
Missouri employers with five or more employees must carry workers’ compensation insurance with certain limited exceptions. Employers in the construction industry that have one or more employees are required to carry workers’ compensation insurance (Mo. Rev. Stat. §287.030.3).
Absence For Military Or Public Service Duties
Employers are prohibited from dissuading employees from joining the state militia or retaliating against employees who serve in the militia. Employees who are ordered to active state duty are entitled, upon being relieved from duty, to the same re-employment rights provided for members of the U.S. military (Mo. Rev. Stat. §40.490). Employers are also prohibited from terminating, demoting, or taking any other adverse employment action against a war on terror veteran due to his or her absence while deployed. A War on Terror veteran is considered to have been discharged from employment if he or she is not offered the same wages, benefits, and similar work schedule upon return after deployment (Mo. Rev. Stat. §288.042). Federal law may also apply.
An employer may not discriminate, threaten, discipline, or take adverse action against an employee because of the employee’s jury summons or service. The employer is not required to pay the employee for time away during jury duty. The employer cannot require or request that the employee use annual, vacation, personal, or sick leave for time spent responding to a jury summons (Mo. Rev. Stat. §494.460).
Any eligible voter is allowed 3 hours to vote in all elections unless the employee has 3 consecutive nonworking hours during which the polls are open.
The employee must request a leave of absence to vote prior to Election Day, and the employer may specify which hours may be taken. Deduction from wages is prohibited if the employee votes (Mo. Rev. Stat. §115.639).
Works Councils or Trade Unions
The Missouri Constitution affords the right to all employees to organize and bargain collectively through representatives of their own choosing (Mo. Const. Art. I §29). Federal law may also apply.
Employees’ Right To Strike
The Missouri Constitution affords the right to all employees to organize and bargain collectively through representatives of their own choosing (Mo. Const. Art. I §29). Certain public employees do not have the right to strike (Mo. Rev. Stat. §105.530). Federal law may also apply.
Employees On Strike
The Missouri Constitution recognizes private employees’ right to bargain collectively and has been held to give rise to a wrongful discharge claim where an employer discharges an employee for union activity. Federal law may also apply.
Employers’ Responsibility For Actions Of Their Employees
Under the doctrine of respondeat superior an employer may be liable for the negligent acts or omissions by an employee that are committed within the course and scope of employment. Employers may also be liable for negligent hiring and/or retention where the following elements are met: (1) the employer knew or should have known of an employee’s dangerous proclivities; (2) the employee was hired (or retained in employment); (3) the employer’s negligent act or omission was the proximate cause of an injury sustained by the plaintiff at the hands of the employee; and (4) the employee’s misconduct was consistent with the employee’s dangerous proclivity. For this claim, it is not necessary that the offending conduct occur within the course and scope of employment.