Applicability and Definitions

PURPOSE: This rule sets forth the applicability of the Missouri Minimum Wage Law and certain definitions of terms used in this chapter. PUBLISHER’S NOTE: The secretary of state has determined that the publication of the entire text of the material which is incorporated by reference as a portion of this rule would be unduly cumbersome or expensive. This material as incorporated by reference in this rule shall be maintained by the agency at its headquarters and shall be made available to the public for inspection and copying at no more than the actual cost of reproduction. This note applies only to the reference material. The entire text of the rule is printed here. (1) Applicability—Except as provided in sections 290.500 to 290.530, RSMo, and any rules promulgated thereunder, the department, in interpreting and enforcing the Missouri Minimum Wage Law, will follow the written regulations established by the United States Department of Labor pertaining to the Fair Labor Standards Act, which are incorporated by reference. This rule incorporates the regulations published in the Federal Register, 29 CFR Chapter V, as last amended on December 16, 2004, and does not include any subsequent amendments or additions. A copy of the regulations is available at the United States Department of Labor, Frances Perkins Building, 200 Constitution Ave. NW, Washington, DC 20210, or at the Division of Labor Standards, 3315 W. Truman Blvd., Jefferson City, MO 65109. (2) As used in 8 CSR 30-4.010–8 CSR 304.060, unless the context clearly indicates otherwise, the following terms mean: (A) Complainant—an individual filing an administrative complaint with the director under the Missouri Minimum Wage Law; and (B) Tipped employee—any employee who regularly and customarily receives and retains compensation in the form of gratuities in addition to wages. AUTHORITY: sections 290.512, 290.515, 290.517, and 290.523, RSMo 2016.* Original rule filed July 22, 1992, effective Feb. 26, 1993. Amended: Filed Oct. 8, 2003, effective April 30, 2004. Rescinded and readopted: Filed Aug. 15, 2008, effective March 30, 2009. Amended: Filed June 19, 2018, effective Jan. 30, 2019. *Original authority: 290.512, RSMo 1990, amended 2006; 290.515, RSMo 1990, amended 2006; 290.517, RSMo 1990, amended 2006; and 290.523, RSMo 2008.