Missouri Overtime Laws (2026): 40-Hour Rule, Minimum Wage, and Retail Exemptions

The Short Version

Missouri pays overtime at 1.5 times your regular rate for hours worked over 40 in a workweek. There is no daily overtime, no mandated meal break for adults, and no premium for weekends or holidays by law. Where Missouri gets interesting is its state minimum wage, which is indexed and well above the federal rate, and a narrow retail and service exemption that surprises people.

2026 Snapshot

| Item | Missouri (2026) | Federal |

| --- | --- | --- |

| Minimum wage | $15.00/hour | $7.25/hour |

| Tipped minimum cash wage | 50% of minimum wage | $2.13/hour |

| Overtime threshold | 40 hours/week | 40 hours/week |

| Daily overtime | None | None |

| Paid sick leave | Yes, accrual-based | None |

Missouri's tipped wage is set at 50 percent of the state minimum, and the employer must make up any shortfall so total earnings reach at least full minimum wage. Check your math with the Missouri overtime pay calculator.

The Retail and Service Exemption

Missouri law exempts certain retail or service businesses with annual gross income below a statutory threshold from the state overtime requirement. Two things people get wrong about it:

• . It is a state-law exemption. If the employer is covered by the FLSA — which most are through interstate commerce or the $500,000 enterprise test — federal overtime still applies.
• . It does not exempt the employer from minimum wage.

So "we're a small shop, we don't pay overtime" is almost never a complete answer. Start with whether the FLSA covers the business.

What Counts as Hours Worked

Missouri follows federal principles on compensable time. That means these hours count toward your 40:

• Required pre-shift and post-shift duties (opening, closing, counting a drawer)
• Short rest breaks of about 20 minutes or less
• Required training and meetings — see Is Training Time Paid?
• Travel between job sites during the workday — see Does Travel Time Count Toward Overtime?

Bona fide meal periods of 30 minutes or more, where you are fully relieved of duty, do not count. If you eat at your desk while answering calls, that time is work.

Worked Example

Trevor works maintenance in Springfield at $21/hour and logs 45 hours in a week, plus a $75 on-call stipend.

• Straight-time: 45 x $21 = $945, plus $75 = $1,020
• Regular rate: $1,020 / 45 = $22.67
• Overtime premium: 5 x ($22.67 x 0.5) = $56.68
• Total owed: $1,076.68

Ignoring the stipend would have paid him $52.50 in premium instead. Small gap per week, real money per year. The mechanics are in What Is Your Regular Rate of Pay?.

Exempt vs Non-Exempt in Missouri

Missouri applies the federal white-collar exemption framework: executive, administrative, professional, outside sales, and computer employees, with the federal salary threshold. Watch for:

• Salaried assistant managers whose real job is stocking and cashiering
• Route drivers in light vehicles who may still be entitled to overtime
• Workers paid as 1099 contractors while being scheduled and supervised like employees

Filing a Claim in Missouri

• . Keep your own record of daily hours, especially unpaid prep and cleanup time.
• . Request a written pay correction from your employer.
• . File with the Missouri Department of Labor and Industrial Relations, Division of Labor Standards, or with the federal DOL's Wage and Hour Division.
• . Missouri minimum wage and overtime claims generally allow three years. FLSA claims allow two years, or three if willful.

Official sources: Missouri Department of Labor and the U.S. DOL overtime page.

Related Guides

• Missouri Overtime Pay Calculator
• Overtime Pay for Part-Time Workers
• Retail Worker Overtime Rights
• Final Paycheck Laws by State
• Overtime Compliance in Plain Language

Frequently Asked Questions

Does Missouri require overtime after 8 hours in a day?

No. Missouri only requires overtime for hours worked over 40 in a single workweek. A 10-hour or 12-hour day does not trigger a premium on its own.

What is the Missouri minimum wage in 2026?

The state minimum wage is $15.00 per hour, with the tipped cash wage set at 50 percent of that figure plus employer make-up pay if tips fall short.

Are small businesses exempt from overtime in Missouri?

Some retail and service businesses under a gross-income threshold are exempt from the state overtime rule, but most employers are still covered by the federal FLSA, which requires overtime regardless.

Does Missouri require meal or rest breaks?

Not for adult employees. Breaks under about 20 minutes must be paid if provided, and bona fide meal periods of 30 minutes or more where you are relieved of all duty are unpaid.

How long do I have to file an unpaid overtime claim in Missouri?

State minimum wage and overtime claims generally allow three years. Federal FLSA claims allow two years, extended to three for willful violations.