290.505. Overtime compensation, applicable number of hours, exceptions. — 1. No employer shall employ any of his employees for a workweek longer than forty hours unless such employee receives compensation for his employment in excess of the hours above specified at a rate not less than one and one-half times the regular rate at which he is employed.
2. Employees of an amusement or recreation business that meets the criteria set out in 29 U.S.C. 213(a)(3) must be paid one and one-half times their regular compensation for any hours worked in excess of fifty-two hours in any one-week period.
3. With the exception of employees described in subsection (2), the overtime requirements of subsection (1) shall not apply to employees who are exempt from federal minimum wage or overtime requirements including, but not limited to, the exemptions or hour calculation formulas specified in 29 U.S.C. Sections 207 and 213, and any regulations promulgated thereunder.
4. Except as may be otherwise provided under sections 290.500 to 290.530, this section shall be interpreted in accordance with the Fair Labor Standards Act, 29 U.S.C. Section 201, et seq., as amended, and the Portal to Portal Act, 29 U.S.C. Section 251, et seq., as amended, and any regulations promulgated thereunder.
Notes of Decisions
Fleshner v. Pepose Vision Inst., P.C., 304 S.W.3d 81 (Mo. 2010).
· cites it 5× “Fleshner filed an action against PVI, asserting wrongful termination of employment in violation of public policy and failure to pay overtime compensation in violation of section 290.505, RSMo Supp.2003. 1 As noted, the jury found in favor of Fleshner and awarded her $125,000.”
Thornton v. Mainline Commc'ns, LLC, 157 F. Supp. 3d 844 (E.D. Mo. 2016).
· cites it 3× “” Section 290.505 RSMo. Under Missouri law, an eight factor test governs the determination of plaintiffs’ employment status.”
Wells v. Fedex Ground Package Sys., Inc., 979 F. Supp. 2d 1006 (E.D. Mo. 2013).
· cites it 3× “§ 290.505, which provides that “no employer shall employ any of his employees for a workweek longer than forty hours unless such employee receives compensation for his employment in excess of the hours above specified at a rate not less than one and one-half times the regular…”
Michael LaCurtis v. Express Med. Transporters, 856 F.3d 571 (8th Cir. 2017).
“See Mo. Rev. Stat. § 290.505 . Title 29, section 207(a)(1) generally requires employers to compensate overtime hours “at a rate not less than one and one-half times the [employee’s] regular rate” of pay.”
Brad Frank v. Enviro-Tech Servs., 577 S.W.3d 163 (Mo. Ct. App. 2019).
· cites it 3× “Factual and Procedural Background On May 29, 2015, Class Representatives filed their petition asserting a class action claim against Enviro-Tech, alleging that Enviro-Tech violated § 290.505 by failing to pay its employees (the putative class) overtime compensation.”
Stockdall v. TG Investments, Inc., 178 F. Supp. 3d 810 (E.D. Mo. 2016).
· cites it 4× “, and the Missouri Minimum Wage Law (“MMWL”), Mo. Rev. Stat. § 290.505 , et seq. against Defendants TGI Investments, Inc.”
Anderson v. Creve Coeur Urgent Care LLC (E.D. Mo. 2019).
· cites it 3× “(Count I), violated the overtime provisions of the Missouri Minimum Wage Law (“MMWL”), Mo. Rev. Stat. § 290.505 (Count II), and committed breach of contract (Count III).”
Lynn v. Olive & Oak, LLC (E.D. Mo. 2022).
· cites it 3× “2019) (citing Mo. Rev. Stat. § 290.505 (4) (“Except as may be otherwise provided .”
LaCour v. EthruE-001, LLC (E.D. Mo. 2024).
· cites it 3× “§ 207 ; Mo. Rev. Stat. § 290.505 . Where, as here, employees are paid on a basis other than an hourly rate, “the regular hourly rate is derived… by dividing the total compensation… by the total hours of work for which the payment is made.”
— Mo. Rev. Stat. § 290.505(1) — 3 cases
Wells v. Fedex Ground Package Sys., Inc., 979 F. Supp. 2d 1006 (E.D. Mo. 2013).
“§ 290.505, which provides that “no employer shall employ any of his employees for a workweek longer than forty hours unless such employee receives compensation for his employment in excess of the hours above specified at a rate not less than one and one-half times the regular…”
— Mo. Rev. Stat. § 290.505(3) — 1 case
Wells v. Fedex Ground Package Sys., Inc., 979 F. Supp. 2d 1006 (E.D. Mo. 2013).
“§ 290.505, which provides that “no employer shall employ any of his employees for a workweek longer than forty hours unless such employee receives compensation for his employment in excess of the hours above specified at a rate not less than one and one-half times the regular…”
— Mo. Rev. Stat. § 290.505(4) — 3 cases
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