Title XVIII — LABOR AND INDUSTRIAL RELATIONS

285.010. List to be furnished municipalities levying an earnings tax — request, how made — contents of list — exception. — All employers within the state shall, upon request as hereinafter provided, submit to any municipal corporation levying an earnings tax a complete listing of…

285.015. Lists to be confidential. — No list of employees furnished to municipal corporations under the provisions of sections 285.010 to 285.020 shall be used for any purpose other than in connection with the collection of an earnings tax. Such lists shall be treated as confiden…

285.020. Penalty for violation of sections 285.010 to 285.020. — 1. Any employer who willfully fails to submit a list of employees as provided in sections 285.010 to 285.020, within thirty days after receiving a written request, is guilty of a misdemeanor and, upon conviction, sh…

285.025. Employers of illegal aliens ineligible for state economic incentives, right of appeal, criminal penalties. — 1. The state of Missouri hereby proclaims that no employer who employs illegal aliens shall be eligible for any state-administered or subsidized tax credit, tax a…

285.035. Microchip technology, employer not to require employees to be implanted — violation, penalty. — 1. No employer shall require an employee to have personal identification microchip technology implanted into an* employee for any reason. 2. For purposes of this section, "per…

285.040. Public safety employees — residency requirements (City of St. Louis). — 1. As used in this section, "public safety employee" shall mean a person trained or authorized by law or rule to render emergency medical assistance or treatment, including, but not limited to, firef…

285.100. Willful failure to pay a misdemeanor. — Any employer who promises in writing to make payments to an employee retirement or welfare plan, either by contract with an individual employee, by a collective bargaining agreement, or by agreement with the employee retirement or …

285.1000. Definitions. — For purposes of sections 285.1000 to 285.1055, the following terms shall mean: (1) "Administrative fund" or "Show-Me MyRetirement Savings administrative fund", the Show-Me MyRetirement Savings administrative fund described in section 285.1045; (2) "Associ…

285.1005. Board established, members, terms, expenses, quorum. — 1. The "Show-Me MyRetirement Savings Board" is hereby established in the office of the state treasurer. 2. The board shall consist of the following members, with the state treasurer, or his or her designee, serving …

285.1010. Duties of board. — 1. The board, subject to the authority granted under sections 285.1000 to 285.1055, shall design, develop, and implement the plan and, to that end, may conduct market, legal, and feasibility analyses. 2. The members of the board shall be fiduciaries o…

285.1015. Show-Me MyRetirement savings plan, requirements. — 1. The board shall, consistent with federal law and regulation, adopt and implement the plan, which shall remain in compliance with federal law and regulations once implemented and shall be called the "Show-Me MyRetirem…

285.1020. Rules, board to adopt. — The board shall adopt rules to implement the plan that: (1) Establish the processes for enrollment and contributions under the plan, including withholding by participating employers of employee payroll deduction contributions from wages and remi…

285.1025. Employer immunity from liability, when. — An eligible employer, a participating employer, or other employer is not and shall not be liable for or bear responsibility for: (1) An employee's decision as to which investments to choose; (2) Participants' or the board's inve…

285.1030. No guaranteed interest rate or rate of return — no liability for losses — plan debts and obligations, not state debts and obligations. — 1. The state of Missouri; the board; each member of the board; any other state official, state board, commission, and agency; any mem…

285.1035. Confidentiality of information. — 1. Individual account information relating to accounts under the plan and relating to individual participants including, but not limited to, names, addresses, telephone numbers, email addresses, personal identification information, inve…

285.1040. Intergovernmental agreement and memorandum of understanding, when. — The board may enter into an intergovernmental agreement or memorandum of understanding with the state of Missouri, another state or states, and any agency thereof to receive outreach, technical assista…

285.1045. Show-Me MyRetirement savings administrative fund, use of moneys — administrative costs, how paid — competitive bidding. — 1. There is hereby created in the state treasury the "Show-Me MyRetirement Savings Administrative Fund", which shall consist of moneys collected und…

285.105. Employee retirement or welfare plan defined. — The term "employee retirement or welfare plan", as defined in sections 285.100 to 285.110, includes any plan, trust or fund established by an employer organization, or by an employer and a labor organization or by an employe…

285.1050. Recordkeeping — audits — report, contents. — 1. The board shall keep an accurate account of all the activities, operations, receipts, and expenditures of the plan, the trust, and the board. Each year, a full audit of the books and accounts of the board pertaining to tho…

285.1055. Plan contribution start date — phase in permitted. — 1. The board shall establish the plan so that individuals are able to begin contributing under the plan on or before September 1, 2025. 2. The board may, in its discretion, phase in the plan so that the ability to con…

285.110. Penalty for violation of sections 285.100 to 285.110. — Any employer found guilty of a violation of sections 285.100 to 285.110 shall be punished by a fine of not less than fifty dollars, nor more than one thousand dollars for each offense. ­­-------- (L. 1974 S.B. 409 §…

285.125. Reduced health care premiums for nonsmokers permitted. — Notwithstanding any other provision of law to the contrary, an employer shall be permitted to provide or contract for health insurance benefits at a reduced premium rate for employees who do not smoke or use tobacc…

285.200. Ride-sharing arrangement, defined — liability for injury to participants — special taxes prohibited — travel time as work hours — use of government vehicles — registration of vehicle — license plates. — 1. The term "ride-sharing arrangement" means an arrangement whereby …

285.230. Transient employers, defined, bonding requirements — exceptions — specific requirements — penalties — records to be kept, how — discontinuance in activity, notice to director of revenue — inapplicability to certain out-of-state businesses. — 1. As used in this section, "…

285.232. Construction contractors, who are transient employers, proof and financial assurance required — list of contractors to be published — inapplicability to certain out-of-state businesses. — 1. Subject to the provisions of section 285.230, any county, city, town, village or…

285.233. Transient employers not filing financial assurance, escrow requirements — failure of political subdivision or private entity to escrow funds, penalties — transient employer not in compliance with law, writ of attachment or injunction authorized — inapplicability to certa…

285.234. Transient employer to post notice of registration for income tax withholding, workers' compensation and unemployment insurance, violation, penalty — inapplicability to certain out-of-state businesses. — 1. Every transient employer, as defined in section 285.230 shall pos…

285.235. Definitions. — As used in sections 285.235 and 285.237 the following terms shall mean: (1) "Armed Forces of the United States", the Army, Air Force, Navy, Marine Corps, Coast Guard and any other military branch of service that is designated by Congress as a part of the A…

285.237. Certain job openings and training, priorities for veterans — annual report by state agencies — duties of certain state agencies. — 1. Any federally funded employment and training program administered by any state agency, including, but not limited to, the Job Training Pa…

285.240. Federal earned income credit, employer duties. — Employers not providing health insurance to all full-time employees shall identify employees who are eligible for a federal earned income credit for purposes of purchasing health insurance coverage for children and shall a…

[Repealed or reserved.]

285.300. Withholding form, completion required — forwarding to state agencies — state directory of new hires, cross-check of unemployment compensation recipients — compliance by employers with employees in two or more states. — 1. Every employer doing business in the state shall …

285.302. Failure of employer to submit certain information, penalty. — Any employer who intentionally fails to submit information on an employee required by section 285.300 or 285.304 is guilty of an infraction and shall be fined not more than twenty-five dollars for each time th…

285.304. Content of withholding forms. — The content of the withholding form shall be determined by the director of the department of revenue, in consultation with the department of social services, but, at a minimum, the form shall include the name, address and Social Security n…

285.306. Failure to complete form, penalty. — Every employee shall complete the withholding form referred to in section 285.300. Any such employee who refuses to complete the withholding form shall be guilty of a class E felony. ­­-------- (L. 1993 S.B. 253 § 22, A.L. 2014 S.B. 4…

285.308. False statement, penalty. — Any employee who states on the withholding form that he or she does not owe child support when such employee knowingly owes child support pursuant to a valid court order or administrative order is guilty of a class E felony. ­­-------- (L. 199…

285.309. Federal 1099 forms, certain employers required to submit to department — fine for failure to report. — 1. Every employer doing business in this state who employs five or more employees shall, if applicable, submit federal 1099 miscellaneous forms to the department of rev…

285.500. Definitions. — For the purposes of sections 285.500 to 285.515 the following terms mean: (1) "Employee", any individual who performs services for an employer that would indicate an employer-employee relationship in satisfaction of the factors in IRS Rev. Rule 87-41, 1987…

285.503. Misclassification of workers by employers, failure to claim worker as employee — attorney general may investigate, powers. — 1. An employer knowingly misclassifies a worker if that employer fails to claim the worker as an employee but knows that the worker is an employee…

285.506. State to have burden of proof. — In any action brought under sections 285.500 to 285.515, the state shall have the burden of proving that the employer misclassified the worker. ­­-------- (L. 2008 H.B. 1549, et al.)

285.512. Attorney general may seek injunction, when. — Whenever the attorney general has reason to believe that an employer is engaging in any conduct that would be a violation of sections 285.500 to 285.515, the attorney general may seek an injunction prohibiting the employer fr…

285.515. Penalties for violations. — If a court determines that an employer has knowingly misclassified a worker, the court shall enter a judgment in favor of the state and award penalties in the amount of fifty dollars per day per misclassified worker up to a maximum of fifty th…

285.525. Definitions. — As used in sections 285.525 to 285.550, the following terms shall have the following meanings: (1) "Business entity", any person or group of persons performing or engaging in any activity, enterprise, profession, or occupation for gain, benefit, advantage,…

285.530. Employment of unauthorized aliens prohibited — federal work authorization program, requirements for participation in — liability of contractors and subcontractors. — 1. No business entity or employer shall knowingly employ, hire for employment, or continue to employ an u…

285.535. Attorney general to enforce — action to be initiated, when — complaint procedures — verification of status required — violations, corrective actions, penalties. — 1. The attorney general shall enforce the requirements of sections 285.525 to 285.550. 2. An enforcement act…

285.540. Rulemaking authority. — The attorney general shall promulgate rules to implement the provisions of sections 285.525 to 285.550. Any rule or portion of a rule, as that term is defined in section 536.010, that is created under the authority delegated in this section shall …

285.543. Database to be maintained. — The attorney general shall maintain a database that documents any business entity whose permit, license, or exemption has been suspended or state contract has been terminated. ­­-------- (L. 2008 H.B. 1549, et al.) Effective 1-01-09

285.550. Failure to suspend a business permit, city or county deemed to have adopted a sanctuary policy. — If any municipal or county governing body fails to suspend the business permit, if such exists, and applicable licenses or exemptions as directed by the attorney general as …

285.555. Discontinuance of federal work authorization program, effect of. — Should the federal government discontinue or fail to authorize or implement any federal work authorization program, then subsections 2 and 3 of section 285.530 and paragraph (b) of subdivision (1) of subs…

285.575. Citation of law — definitions — at-will employment doctrine codified — protected persons, prohibited discharge — action for damages, when, remedies. — 1. This section shall be known and may be cited as the "Whistleblower's Protection Act". 2. As used in this section, the…