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Missouri Revised Statutes – §§ 290.600–290.642 (Effective as Amended by Proposition A)

Note: The following text is reproduced from the official (public domain) statutory text of Missouri and reflects the amendments enacted by Proposition A.

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290.600. As used in sections 290.600 through 290.642:

1. “Department” means the Department of Labor and Industrial Relations.
2. “Director” means the Director of the Department of Labor and Industrial Relations.
3. “Domestic violence” means as defined in section 455.010.
4. “Earned paid sick time” means time that is compensated at the same hourly rate and with the same benefits (including health care benefits) as the employee normally earns during hours worked and is provided by an employer for the purposes described in section 290.606, but in no case shall such hourly amount be less than that provided under section 290.502.
5. “Employee” means any individual employed in this state by an employer, except that it does not include:
   • (A) any individual engaged in the activities of an educational, charitable, religious, or nonprofit organization where no true employer-employee relationship exists or where services are rendered voluntarily;
   • (B) any individual standing in loco parentis to foster children in their care;
   • (C) any individual employed for less than four months in any year in a resident or day camp for children or youth, or by an educational conference center operated by an educational, charitable, or not-for-profit organization;
   • (D) any individual engaged in the activities of an educational organization where employment is in lieu of payment of tuition or other educational fees.
6. “Employer” means any person acting directly or indirectly in the interest of an employer in relation to an employee; provided that for the purposes of sections 290.600 through 290.642, “employer” does not include the United States Government, the state, or any political subdivision of the state.
7. “Person” means any individual, partnership, association, corporation, business, business trust, legal representative, or any organized group of persons.
8. “Retaliatory personnel action” means the denial of any right guaranteed under sections 290.600 through 290.642 or any threat, discharge, suspension, demotion, reduction of hours, or any other adverse action taken against an employee for exercising any right provided herein. It also includes interference with or punishment for participating in or assisting an investigation, proceeding, or hearing under these sections.
9. “Same hourly rate” means:
   • (A) For employees paid on a single hourly rate, that rate is the employee’s regular hourly rate.
   • (B) For employees paid multiple hourly rates by the same employer, the “same hourly rate” is determined by the method that provides for the accrual of earned paid sick time based on the employee’s normal work week. In any event, it shall not be less than the effective minimum wage set forth in section 290.502.
   • (C) For employees paid on a piece rate or fee-for-service basis, the “same hourly rate” shall be a reasonable calculation of what the employee would have earned had they been paid hourly, but not less than the effective minimum wage.
   • (D) For employees paid on a commission basis (whether with or without a base wage), the “same hourly rate” is the greater of the base wage or the effective minimum wage.
   • (E) For employees who receive gratuities in addition to wages, the “same hourly rate” shall be the greater of the employee’s regular hourly rate or 100% of the effective minimum wage (without tip deductions).
10. “Sexual assault” means as defined in section 455.010.
11. “Stalking” means as defined in section 455.010.
12. “Year” means a regular and consecutive twelve‐month period as determined by the employer; however, for sections 290.615 and 290.627, “year” means a calendar year.

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290.603. Accrual of Earned Paid Sick Time for Employers with Fifteen or More Employees.

1. Employees of an employer with fifteen or more employees shall accrue at least one hour of earned paid sick time for every thirty hours worked. Notwithstanding the accrual rate, no employee shall be entitled to use more than fifty-six hours of such time per year, except as provided in sections 290.600 through 290.642.
2. The Department may develop model posters and notices and undertake outreach programs to facilitate compliance with these sections before May 1, 2025.

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290.606. Provision of Earned Paid Sick Time.

1. Earned paid sick time shall be provided by an employer for the purposes described in this chapter, including but not limited to:
   • (A) The diagnosis, care, or treatment of an illness, injury, or medical condition of the employee or a family member.
   • (B) Preventative care or health-related needs.
   • (C) Instances related to domestic violence, sexual assault, or stalking (in accordance with applicable law).
2. The specific conditions under which sick time may be used shall be consistent with the provisions of sections 290.600 through 290.642.

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290.609. Prohibition on Interference with Employee Rights.

1. It is unlawful for any employer or other person to interfere with, restrain, or deny the exercise of any right protected under sections 290.600 through 290.642.
2. An employer shall not take retaliatory personnel action or discriminate against an employee (or former employee) because the employee has:
   • (A) Requested or used earned paid sick time as provided herein.
   • (B) Filed a complaint or informed any person about any alleged violation of these sections.
   • (C) Participated in any investigation, proceeding, or hearing or assisted the Department in any investigation concerning alleged violations.
3. It is unlawful for an employer’s absence control policy to count earned paid sick time taken under these sections as an absence that may result in discipline, discharge, demotion, suspension, or any other adverse action.
4. The protections of this section shall also apply to any individual who mistakenly but in good faith alleges a violation.

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290.612. Notice Requirements.

1. Within fourteen calendar days of an employee’s commencement of employment—or on April 15, 2025, whichever is later—an employer shall provide written notice to each employee describing:
   • (1) That effective May 1, 2025, employees will accrue and be entitled to earned paid sick time at the rate of one hour for every thirty hours worked, subject to the limits under these sections.
   • (2) That it is unlawful for an employer to take retaliatory personnel action against employees who request or use earned paid sick time as allowed.
   • (3) The right of each employee to bring a civil action if the employer denies earned paid sick time or retaliates against the employee for exercising rights under these sections.
   • (4) The contact information for the Department.
2. Such notice shall be provided on a single 8.5 x 11-inch sheet in at least 14-point font.
3. Beginning April 15, 2025, employers shall display a poster containing the information required in subsection (1) in a conspicuous and accessible location at each establishment where employees are employed.
4. The Department may, by rule, provide model notices and posters for employers’ use. Nothing in this subsection shall be construed to obligate the Department to supply such materials if funding is not available.

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290.615. Recordkeeping.

1. Employers shall retain records documenting the hours worked by employees and the earned paid sick time taken for a period of not less than three years.
2. The Department shall have access to such records (with appropriate notice and at a mutually agreed-upon time) to monitor compliance with these sections.
3. Any rule issued under this section must comply with chapter 536 and, if applicable, section 536.028. This section and chapter 536 are nonseverable; if any part is invalidated, the remaining provisions shall continue in full force.

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290.621. Enforcement and Investigation.

1. The Department may:
   • (A) Investigate and ascertain compliance with sections 290.600 through 290.642.
   • (B) Establish and implement a system to receive complaints regarding non-compliance and attempt to resolve disputes between complainants and employers.
   • (C) Employ additional enforcement methods—including issuing subpoenas for witness testimony and production of records, issuing notices of violation, holding hearings, recovering unpaid sick time, and imposing fines of up to $500 per day for each day of a continuing violation.
   • (D) Such actions are subject to review in accordance with chapter 536.
2. The Department may also develop and implement an outreach program to inform employees (and others such as parents or caregivers) about their rights under these sections. This may include distributing notices and other materials through child care and elder care providers, domestic violence shelters, schools, hospitals, community health centers, and similar organizations.
3. A municipality, county, city, town, or village may adopt ordinances or regulations to investigate and enforce compliance with these sections for employers operating within its boundaries. Any such ordinance must be consistent with state law and Department rules.
4. Nothing in this section shall be interpreted to require the Department or any local government to incur costs that require appropriation if funds are not available.

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290.624. Penalties for Employer Violations.

1. Any employer who willfully violates or fails to comply with any provision of sections 290.600 through 290.642 shall be guilty of a class C misdemeanor. However, an employer who willfully violates the notice and posting requirements of section 290.612 shall be guilty of an infraction.
2. For each day of violation or failure to comply—and for each employee affected—such violation shall constitute a separate offense.

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290.627. Right to a Civil Action for Violations.

1. Any individual who claims to have been aggrieved by an employer’s failure to comply with any portion of sections 290.600 through 290.642 (including the failure to provide earned paid sick time or to allow its use as required) or who claims to have suffered a retaliatory personnel action shall have a right of action. Such an individual may commence a civil action in the appropriate court within three years of the accrual of the cause of action, without first filing an administrative complaint.
2. In a civil action under this section, if the court finds a violation has occurred, it may grant any relief deemed appropriate and permitted by law—including:
   • (A) A permanent or temporary injunction.
   • (B) Payment of the full amount of any unpaid earned sick time plus any actual damages suffered.
   • (C) An additional amount equal to twice any unpaid earned sick time as liquidated damages.
   • (D) Costs and reasonable attorney’s fees.
   • (E) Other legal or equitable relief, including reinstatement to employment and back pay.

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290.630. Protection of Health Information.

1. Except as otherwise required by law, an employer may not require an employee (or the employee’s family member) to disclose details regarding health information, domestic violence, sexual assault, or stalking as a condition for receiving earned paid sick time.
2. Any health or safety information regarding an employee or the employee’s family member shall be:
   • (A) Maintained on a separate form and in a separate file from other personnel information.
   • (B) Treated as confidential medical records.
   • (C) Not disclosed except to the affected employee or with the employee’s express written permission.

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290.633. Collective Bargaining Agreements.

1. For employees covered by a valid collective bargaining agreement in effect on November 5, 2024, none of the provisions of sections 290.600 through 290.642 shall apply until the agreement expires. However, once such an agreement is renewed, extended, amended, or modified after November 5, 2024, the provisions shall apply.
2. Nothing in these sections shall be interpreted to interfere with employees’ rights to bargain collectively to secure earned paid sick time or other employment conditions that exceed the minimum standards.
3. Any waiver by an employee of rights under these sections shall be deemed contrary to public policy and void.

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290.636. Non-Preemption of More Generous Policies.

1. Nothing in sections 290.600 through 290.642 shall be construed to discourage or prohibit an employer from adopting or retaining an earned paid sick time policy more generous than required herein.
2. Nothing in these sections shall diminish an employer’s obligation to comply with any contract, collective bargaining agreement, employment benefit plan, or other agreement that provides for more generous paid sick time than required.
3. Nothing in these sections shall be construed as diminishing the rights of public employees regarding paid sick time or its use as provided by applicable state laws or local ordinances.

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290.639. Relation to Other Laws.

1. The provisions of sections 290.600 through 290.642 establish minimum requirements for earned paid sick time and shall not be construed to preempt, limit, or otherwise affect any other law, regulation, requirement, policy, or standard that provides for greater accrual or use of earned paid sick time or extends additional protections to employees.
2. Nothing in these sections shall be interpreted or applied to create any power or obligation that conflicts with any federal law, rule, or regulation.

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290.642. Severability.

Except as otherwise detailed in section 290.618, all provisions of sections 290.600 through 290.642 are severable. If any provision (or any part thereof) is found by a court of competent jurisdiction to be invalid, unconstitutional, or unenforceable, that decision shall not affect the remaining provisions or their application to any person or circumstance, and the remainder shall continue in full force and effect.

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STATE OF MISSOURI
I, John R. Ashcroft, Secretary of State of Missouri, hereby certify that the foregoing is a full, true, and complete copy of Proposition A, as submitted to the qualified voters of Missouri at the General Election to be held on November 5, 2024.

In testimony whereof, I have hereunto set my hand and affixed the Great Seal of the State of Missouri, this 27th day of August, 2024.

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End of Missouri RSMo §§ 290.600–290.642

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