The federal Fair Labor Standards Act (FLSA) and Missouri law govern Missouri employers.  However, there are employers who take advantage of their workforce.

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Under both Missouri law and the FLSA, overtime compensation must generally be paid to non-exempt employees.

Who is “Exempt”?

The Fair Labor Standards Act contains dozens of exemptions under which specific categories of employers and employees are exempted from overtime requirements. The most common exemptions are the white-collar exemptions for administrative, executive, and professional employees, computer professionals, and outside sales employees. There is a also a lesser known exemption for certain retail or service organizations. The primary advantages of classifying employees as exempt are that you don’t have to track their hours or pay them overtime, no matter how many hours they work.

Who is “Non-exempt”?

Most employees are entitled to overtime pay under the Fair Labor Standards Act. They are called non-exempt employees. Employers must pay them one-and-a-half times their regular rate of pay when they work more than 40 hours in a week. The biggest problem most employers have with nonexempt employees is miscalculating how much overtime workers are owed.


New overtime regulations are effective as of December 1, 2016.  However, the change in law is currently suspended in Missouri.

Contact a Minimum Wage Attorney or Overtime Pay Lawyer at Schaeffer Law to find out if you are receiving the pay that you are lawfully owed.  A St. Louis Wage Violation Lawyer in the Clayton, MO area will be available to speak with you.