The laws in St. Louis and around the state make it clear that every hourly worker must earn at least the minimum wage for each hour they spend performing job duties. However, this wage law does not apply to every worker in St. Louis, making it essential to understand state and federal minimum wage laws to protect your rights in the workplace.
A St. Louis minimum wage violation lawyer may be able to help if you have not received proper compensation for your labor. A member of our team could help determine whether you qualify under applicable wage and hour laws, perform an investigation into the nonpayment, and demand appropriate remedies in court on your behalf.
Since 1938, the Fair Labor Standards Act (FLSA) has guaranteed a minimum wage to all workers nationwide. The current minimum wage imposed by this federal Act is $7.25 per hour. However, workers in St. Louis and throughout Missouri are fortunate that the State Legislature enacted its own minimum wage law that is higher than the federal minimum.
According to Missouri Revisor of Statutes, Title 18 Labor and Industrial Relations §290.502, the state’s minimum wage is based on changes in the consumer price index and is currently set at $10.30 per hour. The FLSA stipulates that if a state’s minimum wage is greater than the federal minimum, qualifying workers are entitled to the higher wage.
These protections do not apply to every worker. Employees who work in certain professions do not enjoy these minimum wage protections. Prominent exemptions include employees who earn tips, are salaried, or earn a commission. For instance, workers who earn tips will see a lower minimum wage of $5.15 per hour.
Additionally, salaried workers who do not earn on an hourly basis are exempt from minimum wage laws. Finally, employers running a retail or service business with commission-based pay and an annual gross income of less than $500,000 are also exempt from this law. A St. Louis attorney could provide more insight on whether a worker’s right to minimum wage was violated under state or federal law.
People who believe that they have not received fair pay have two options to pursue legal remedies. The first is to file a complaint with the federal Wage and Hour Division of the Department of Labor, which can perform an investigation into an employer’s payroll history to determine whether they violated a worker’s minimum wage rights.
The second option is to sue an employer directly in court. An employer’s failure to provide proper wages could form the basis of a successful civil lawsuit. One of our diligent St. Louis lawyers could help an aggrieved worker demand all unpaid wages as well as compensation for court costs and legal fees.
All workers deserve fair compensation for their time spent on the job, and both federal and state wage laws mandate employers to pay at least the minimum wage to qualifying employees. If you are an hourly worker and have not received at least the minimum wage for all you time spent working, you may have the right to pursue legal remedies with the help of an attorney.
Our St. Louis minimum wage violation lawyers are well-equipped to help you pursue a favorable outcome in court. This can include filing a complaint with federal investigatory agencies, as well as filing a lawsuit in a local court that demands the repayment of all missed wages. Contact our firm today to get started.