290.527. Action for underpayment of wages, employee may bring — limitation. — Any employer who pays any employee less wages than the wages to which the employee is entitled under or by virtue of sections 290.500 to 290.530 shall be liable to the employee affected for the full amount of the wage rate and an additional amount equal to twice the unpaid wages as liquidated damages, less any amount actually paid to the employee by the employer and for costs and such reasonable attorney fees as may be allowed by the court or jury. The employee may bring any legal action necessary to collect the claim. Any agreement between the employee and the employer to work for less than the wage rate shall be no defense to the action. All actions for the collection of any deficiency in wages shall be commenced within three years of the accrual of the cause of action.
Notes of Decisions
Thornton v. Mainline Commc'ns, LLC, 157 F. Supp. 3d 844 (E.D. Mo. 2016).
· cites it 3× “Section 290.527 RSMo. Any award pursuant to the MMWL would be duplicative of the award pursuant to the FLSA and, therefore, the Court will not award damages on the plaintiffs’ MMWL claims.”
Davenport v. Charter Commc'ns, LLC, 302 F.R.D. 520 (E.D. Mo. 2014).
· cites it 4× “See Mo.Rev.Stat. § 290.527 (creating right of action only where employer “pays any employee less wages than the wages to which the employee is entitled”).”
Torri Houston v. St. Luke's Health Sys., Inc., 76 F.4th 1145 (8th Cir. 2023).
“Houston also asserted individual claims, one under the Missouri Minimum Wage Law, Mo. Rev. Stat. § 290.527 , and one for breach of her employment contract.”
Fields v. Advanced Health Care Mgmt. Servs., LLC, 340 S.W.3d 648 (Mo. Ct. App. 2011).
· cites it 2× “§§ 216 (b) and 215(a)(2) (2007), and section 290.527 because Respondent was Appellant’s sole employer and failed to pay Appellant overtime for his shift work at District.”
Karnes v. Happy Trails RV Park, LLC, 361 F. Supp. 3d 921 (E.D. Mo. 2019).
“§ 290.527. It is the employer's responsibility, not the employee's, to maintain the employment records that would allow the Court to determine the number of hours an employee worked in a week and the compensation an employee received.”
Rikard v. U.S. Auto Prot., LLC, 287 F.R.D. 486 (E.D. Mo. 2012).
· cites it 2× “The statute of limitations for MWHL claims is two years (see Mo.Rev. Stat. § 290.527), and that for unjust enrichment is five years (see Mo.”
State ex rel. Griffin v. R.L. Persons Constr., Inc., 193 S.W.3d 424 (Mo. Ct. App. 2006).
· cites it 2× “380 or the two-year statute of limitations for unpaid wages, set forth in section 290.527. In its judgment, the Laszewski trial court set out that: *428 The court will assume that the prevailing wage statute is a penal statute covered by [sections] 516.”
Trapp v. O. Lee, LLC, 918 F. Supp. 2d 911 (E.D. Mo. 2013).
· cites it 18× “*914 Mo.Rev.Stat. § 290.527. Missouri’s five-year statute of limitations, however, applies to: All actions upon contracts, obligations or liabilities, express or implied, except those mentioned in section 516.”
Moore v. Auto Assure, LLC (E.D. Mo. 2023).
· cites it 3× “§ 255 (a); Mo. Rev. Stat. § 290.527 . Under both statutes, claims for the collection of unpaid wages that accrued more than three years prior to the commencement of the suit are barred.”
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