Title XVIII — LABOR AND INDUSTRIAL RELATIONS

288.010. Title of law. — This chapter shall be known and may be cited as the "Missouri Employment Security Law". ­­-------- (L. 1951 p. 564)

288.020. Public policy declared — construction of law. — 1. As a guide to the interpretation and application of this law, the public policy of this state is declared to be as follows: Economic insecurity due to unemployment is a serious menace to health, morals, and welfare of th…

288.030. Definitions — calculation of Missouri average annual wage. — 1. As used in this chapter, unless the context clearly requires otherwise, the following terms mean: (1) "Appeals tribunal", a referee or a body consisting of three referees appointed to conduct hearings and ma…

288.032. Employer defined, exceptions. — 1. After December 31, 1977, "employer" means: (1) Any employing unit which in any calendar quarter in either the current or preceding calendar year paid for service in employment wages of one thousand five hundred dollars or more except th…

288.034. Employment defined. — 1. "Employment" means service, including service in interstate commerce, performed for wages or under any contract of hire, written or oral, express or implied, and notwithstanding any other provisions of this section, service with respect to which …

288.035. Owner and operator leasing motor vehicle with driver to a for-hire common or contract carrier not deemed employed for unemployment compensation, exception. — Notwithstanding the provisions of section 288.034, in the case of an individual who is the owner, as defined in s…

*288.036. Wages defined — state taxable wage base. — 1. "Wages" means all remuneration, payable or paid, for personal services including commissions and bonuses and, except as provided in subdivision (7) of this section, the cash value of all remuneration paid in any medium other…

288.037. Indian tribes considered employers for purposes of unemployment compensation payments, when — definitions — requirements. — 1. The term "employer" shall include any Indian tribe for which service in employment as defined in section 288.034 is performed. 2. The term "empl…

288.038. Maximum weekly benefit amount defined. — With respect to initial claims filed during calendar years 2004 and 2005, the "maximum weekly benefit amount" means four percent of the total wages paid to an eligible insured worker during that quarter of the worker's base period…

288.040. Eligibility for benefits — exceptions — report, contents. — 1. A claimant who is unemployed and has been determined to be an insured worker shall be eligible for benefits for any week only if the deputy finds that: (1) The claimant has registered for work at and thereaft…

288.041. Employer to provide notice of ineligibility for unemployment benefits, when. — Individuals whose services are not defined as employment pursuant to subsection 8 of section 288.034 or whose services are excluded from the term "employment" in subdivision (1) or (2) of subs…

288.042. War on terror veterans, defined — eligible for benefits — time period — penalty — offer of similar wages — fund — rulemaking authority. — 1. For purposes of this section, a "war on terror veteran" is a Missouri resident who serves or has served in the military and to who…

288.045. Misconduct connected with the claimant's work, when — controlled substance and blood alcohol content levels — notice — tests conducted, when — violation, penalty — preemployment testing — testing provision not to apply, when — specimens for testing — confirmation tests —…

[Repealed or reserved.]

288.050. Benefits denied unemployed workers, when — pregnancy, requirements for benefit eligibility. — 1. Notwithstanding the other provisions of this law, a claimant shall be disqualified for waiting week credit or benefits until after the claimant has earned wages for work insu…

288.051. Temporary employees, defined, deemed to have voluntarily quit employment, when. — 1. For the purposes of this section, "temporary help firm" means a firm that hires its own employees and assigns them to clients to support or supplement the client's workforce in work situ…

288.055. Retraining programs, eligibility to receive benefits while in program, requirements. — 1. Notwithstanding any other provision of this chapter, an unemployed claimant otherwise eligible for benefits shall not become ineligible for benefits because of his enrollment in and…

*288.060. Benefits, how paid — wage credits — limitation on duration of benefits — benefits due decedent — benefit warrants cancelled, when — electronic funds transfer system, allowed — remote claims filing procedures required, contents, duties. — 1. All benefits shall be paid th…

288.062. "On" and "Off" indicators, state and national, how determined — extended benefits, defined — amount and how computed. — 1. As used in this section, unless the context clearly requires otherwise: (1) "Extended benefit period" means a period which begins with the third wee…

288.070. Claims for benefits — procedure — payment pending appeal. — 1. All claims shall be made in accordance with such regulations as the division may prescribe; except that such regulations shall not require the filing of a claim for benefits by the claimant in person for a we…

288.080. Employer, when subject to law — election of coverage — termination. — 1. Except as provided in subsection 3, any individual, type of organization or employing unit which is or becomes an employer subject to this law within any calendar year shall be subject to this law d…

288.090. Contributions required, when — payments in lieu of contributions, procedures — common paymaster arrangements. — 1. Contributions shall accrue and become payable by each employer for each calendar year in which he is subject to this law. Such contributions shall become du…

288.100. Experience rating — employer accounts, credits and charges. — 1. (1) The division shall maintain a separate account for each employer which is paying contributions, and shall credit each employer's account with all contributions which each employer has paid. A separate a…

288.102. Rules, procedures. — No rule or portion of a rule promulgated under the authority of this chapter shall become effective unless it has been promulgated pursuant to the provisions of section 536.024. ­­-------- (L. 1977 H.B. 707 § 2, A.L. 1981 S.B. 200, A.L. 1994 S.B. 559…

288.110. Transfer of employer accounts — successor employer liabilities — unemployment experience, how treated — penalties — definitions. — 1. Any individual, type of organization or employing unit which has acquired substantially all of the business of an employer, excepting in …

288.113. Employer's rate, how determined. — Each employer's rate for the twelve months commencing January first of any calendar year shall be determined on the basis of the employer's record through the preceding June thirtieth. In the event the division has been unable to calcul…

*288.120. Employer's contribution rate, how determined — exception shared work plan, how computed — surcharges for employers taxed at the maximum rate — overpayments, time limit for appeal. — 1. On each June thirtieth, or within a reasonable time thereafter as may be fixed by reg…

288.121. Rate increased when average balance in fund is less than certain amount, how — rate calculations for certain years. — On October first of each calendar year, if the average balance, less any federal advances, of the unemployment compensation trust fund of the four preced…

*288.122. If cash in fund exceeds certain amounts, contribution rate to decrease, amount — table. — On October first of each calendar year, if the average balance, less any federal advances, of the unemployment compensation trust fund of the four preceding quarters (September thi…

288.124. Average annual payroll defined. — The term "average annual payroll" as used in sections 288.113 to 288.127 means one-third of the total amount of taxable wages paid for insured work during the thirty-six consecutive months' period immediately preceding any July first cal…

288.125. Voluntary payments by employer. — Any employer may make voluntary payments in addition to the contributions required under this law, which shall be credited to his account, in accordance with regulations established by the division. Such payments shall be included in the…

288.126. Ineligibility for rate calculation, rate used, positive and negative experience rate account balances. — 1. If an employer with a positive experience rate account balance is not eligible for a rate calculation after once becoming eligible because the employer did not hav…

288.128. Additional assessment for interest on federal advancements and proceeds of credit instruments, procedure — excess collections, use of — credit instrument and financing agreement repayment surcharge. — 1. If the fund is utilizing moneys advanced by the federal government …

288.130. Employer records — form of report — benefit information — liability determination — final when — extension of time period for cause — reconsideration, when. — 1. Each employing unit shall keep true and accurate payroll and other related records, containing such informati…

288.132. Unemployment automation fund created, use of moneys. — 1. There is hereby created in the state treasury the "Unemployment Automation Fund", which shall consist of money collected pursuant to section 288.133, and such other state funds appropriated by the general assembly…

288.133. Unemployment automation adjustment, amount — reductions, when. — 1. Each employer liable for contributions pursuant to this chapter, except employers with a contribution rate equal to zero, shall pay an annual unemployment automation adjustment in an amount equal to two …

288.140. Contribution adjustments or refunds. — If not later than three years after the date on which any contributions would have been required to be paid if due, an employing unit who has paid such contributions or interest thereon shall make application for an adjustment there…

288.150. Unpaid contributions, interest rate due, abatement during extensions — exceptions. — Contributions unpaid for any quarter which become due and payable after the last day of the calendar quarter in which this act became* effective (August 28, 1994) shall bear interest at …

288.160. Assessment of delinquent contributions — limitations — refusal to file, penalty. — 1. If any employer neglects or refuses to make a report as required by this chapter the division shall make an estimate based on any information in its possession or that may come into its…

288.170. Collection of delinquent contributions. — 1. In any case in which any contributions, interest or penalties imposed under this law are not paid when due and the assessment of which has become final, the division may file for record in the office of the clerk of the circui…

288.175. Debtor's federal income tax refund may be intercepted — debt defined — debtor defined — use of collection agencies authorized. — 1. Notwithstanding any other provisions to the contrary, the division may collect any debt by interception of the debtor's federal income tax …

288.180. Compromise of delinquent contributions. — In any case in which the director finds, upon consideration of a sworn financial statement and through such other investigation as is deemed necessary, that an employer or a former employer who no longer conducts an active busine…

288.190. Administrative appeals on disputed determinations — party subject to appeal decision, right to counsel. — 1. The director shall designate an impartial referee or referees to hear and decide disputed determinations, claims referred pursuant to subsection 2 of section 288.…

288.200. Appeals to labor and industrial relations commission. — 1. Any of the parties (including the division) to any decision of an appeals tribunal, may file with the commission within thirty days following the date of notification or mailing of such decision, an application t…

288.210. Judicial review of decisions of industrial commission, grounds — division to be a party, when. — Within twenty days after a decision of the commission has become final, the director or any party aggrieved by such decision may appeal the decision to the appellate court ha…

288.215. Finding of fact, conclusion of law, judgment or order not conclusive or binding, when — use of evidence in other proceedings. — 1. Any finding of fact, conclusion of law, judgment or order made by an appeals tribunal, the labor and industrial relations commission or any …

288.220. Administration of law — director — state unemployment insurance operation — rules and regulations. — 1. Subject to the supervision of the director of the department of labor and industrial relations, the division of employment security of the department of labor and indu…

288.222. Resume retrieval program, division may administer, charge fees — general assembly may appropriate funds for program. — The division of employment security of the department of labor and industrial relations may continue administering the resume retrieval program, formerl…

288.225. Group insurance for employees of division. — 1. Subject to the approval of the director of the department of labor and industrial relations, the director of the division may formulate, adopt and administer plans to provide the employees of the division of employment secu…

288.230. Power to subpoena records and witnesses — mileage and per diem for witnesses — witness's right against self-incrimination, procedure to claim, effect. — 1. In the discharge of the duties imposed by this law, the director, the commission, an appeals tribunal, and any duly…