Payroll and Benefits Guide - United States - Missouri

United States - Missouri
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Currency

United States Dollar (USD)

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Capital

Jefferson City
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Employer Taxes

10.76% – 25.16%
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Date Format

mm/dd/yyyy
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Fiscal Year

1 Jan – 31 Dec

Fun Facts

The state’s capital is Jefferson City, and its largest city is Kansas City.

Missouri is known as the “Show-Me State”.

The state is home to the National Blues Museum.

The Pony Express, a historic mail delivery service, had a route that ran through Missouri.

Missouri has a thriving wine industry.

Missouri is known for its barbecue culture.

Contributions

Employee Payroll Tax

Contribution Type Rate
FICA Social Security 6.20
FICA Medicare 1.45%
Additional tax 0.90%

Employer Payroll Tax

Contribution Type Rate
Unemployment Insurance 0.00% – 9.00%
Unemployment – New Employer 2.51%
FICA Social Security 6.20%
FICA Medicare 1.45%
FUTA 0.60% – 6.00%

Payroll

Payroll Cycle

Employees are generally paid either semi-monthly (on the second and fourth Saturday of each month) or monthly.

13th Salary

There is no legal provision regarding 13th salaries.

Work Hours and Week

The standard workweek consists of a maximum of 8 hours per day or 40 hours per week.

Overtime

Missouri adheres to the Fair Labour Standards Act (FLSA), and work in excess of 40 hours per week is considered overtime and paid at the rate of 150% of the regular pay. If employees are scheduled to work on weekends or rest days, no additional payment is required. However, should an employer request an employee to work in exceptional circumstances on these days, then overtime is paid at the rate of 150% of the regular pay.

Leave

Paid Time Off

Missouri does not have any state laws that govern the amount and payment of vacation time. However, it is common for employers to decide whether to offer paid or unpaid vacation leave. This must comply with employment law and must be stipulated in collective bargaining agreements.

Public Holidays

There are 11 official holidays, however private employers are not required to provide either time off or overtime pay on these days.

Sick Days

It is common for an employer to follow the Family and Medical Leave Act (FMLA), which provides certain employees with up to 12 weeks of unpaid, job-protected leave per year for specific family and medical reasons (maternity leave, serious illnesses, or if the employee needs to care for a spouse or child).

Employees are eligible for the FMLA if they have worked for their employer for at least one year, completed a minimum of 1,250 hours over the past year, and worked at a location where the company employs 50 or more employees within 75 miles.

FMLA eligible employees are entitled to:

  • 12 working weeks of leave in any one year for a child’s birth and to care for the newborn child within one year of birth.
  • The employee may be entitled to leave for the adoption or foster care of a child and care for the newly placed child within one year of placement.
  • To care for the employee’s spouse, child, or parent who has a severe health condition.
  • A serious health condition that makes the employee unable to perform the essential functions of their job.
  • Any qualifying exigency arising out of the fact that the employee’s spouse, son, daughter, or parent is a covered military member on “covered active duty.”

Or

  • 26 working weeks of leave during a single one-year period to care for a covered servicemember with a serious injury or illness if the eligible employee is the service member’s spouse, son, daughter, parent, or next of kin (military caregiver leave).

Maternity Leave

Maternity leave falls under the FMLA (see Sick Leave).

Paternity Leave

Paternity leave falls under the FMLA (see Sick Leave).

Parental Leave

Parental leave falls under the FMLA (see Sick Leave).

Termination

Termination Process

Except in mass dismissals or as provided for in an employment contract or a collective bargaining agreement, U.S. law does not impose a formal notice period to terminate an individual employment relationship, and employment is stipulated “at will.” This means that either the employer or the employee may end the employment relationship without giving either notice or reason, provided it is not illegal, notable discrimination on the grounds of a category protected by law, etc., and as per the Federal Worker Adjustment and Retraining Notification Act (WARN).

The employment contracts of executives and other highly skilled individuals often incorporate a “just cause termination” clause which mandates that the employer may only terminate the employee for “cause” and lists the permissible grounds. In such cases, the parties negotiate the foundations for a “just cause” termination.

Notice Period

In Missouri, most employees are employed “at-will,” and either party can terminate the employment relationship without notice. In Missouri, payout of unused vacation time is not required by law. Still, generally, employers will pay an employee for unused vacation days, provided the employee gave some advanced notice of resignation; there is no official notice period. Still, in general practice, two weeks’ notice is a minimum requirement.

In mass dismissal cases the Worker Adjustment and Retraining Notification Act (WARN Act) must be followed, and employers must give 60 days’ notice to impacted employees.

Severance Pay

Except as otherwise provided in an employment contract or collective bargaining agreement, employers are not required to pay severance to terminated employees. Employers who choose to offer severance would need to have the provisions outlined in the employee’s contract and agreed on by both parties. Many employers choose to offer severance based on the length of employment. The most common in Missouri is one weeks’ pay for every year of employment.

Probation Period

Probation Period

There are no provisions in the law regarding probation or trial periods. However, it is common practice for employers to set a performance evaluation after an initially stated period of employment of 90 days.

Immigration

Foreign nationals without permanent resident status or a work visa are not permitted to work in the United States. An employer seeking to hire a foreign national may file a petition with the United States Department of Homeland Security or the United States Citizenship and Immigration Services (USCIS) for an employment visa on behalf of the prospective employee. If the petition is approved, the prospective employee must obtain a visa stamp from a United States embassy or consulate (Canadian citizens are exempt from this requirement). To get a temporary U.S. work visa, an employer must file a petition with U.S. Citizenship and Immigration Services (USCIS). An approved petition must be part of the visa request.

VAT

Missouri has a minimum combined sales tax rate of 8.13% (state tax is 4.23% and local tax average 3.9%).