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SECOND REGULAR SESSION
HOUSE BILL NO. 2554
103RD GENERAL ASSEMBL Y
INTRODUCED BY REPRESENT A TIVE MILLER.
4070H.01I JOSEPH ENGLER, Chief Clerk
AN ACT
T o repeal section 290.500, RSMo, and to enact in lieu thereof one new section relating to
minimum wage.
Be it enacted by the General Assembly of the state of Missouri, as follows:
Section A. Section 290.500, RSMo, is repealed and one new section enacted in lieu
2 thereof, to be known as section 290.500, to read as follows:
290.500. As used in sections 290.500 to 290.530, the following words and phrases
2 mean:
3 (1) "Agriculture", farming and all its branches including, but not limited to, the
4 cultivation and tillage of the soil, dairying, the production, cultivation, growing and
5 harvesting of any agricultural commodities, the raising of livestock, fish and other marine life,
6 bees, fur- bearing animals or poultry and any practices performed by a farmer or on a farm as
7 an incident to or in conjunction with farming operations, including preparation for market,
8 delivery to storage or to market or to carriers for transportation to market;
9 (2) "Director", the director of the department of labor and industrial relations or his
10 authorized representative;
11 (3) "Employee", any individual employed by an employer , except that the term
12 "employee" shall not include:
13 (a) Any individual employed in a bona fide executive, administrative, or professional
14 capacity;
15 (b) Any individual engaged in the activities of an educational, charitable, religious, or
16 nonprofit or ganization where the employer -employee relationship does not, in fact, exist or
17 where the services rendered to the or ganization are on a voluntary basis;
EXPLANA TION — Matter enclosed in bold-faced brackets [thus] in the above bill is not enacted and is
intended to be omitted from the law . Matter in bold-face type in the above bill is proposed language.
18 (c) Any individual standing in loco parentis to foster children in their care;
19 (d) Any individual employed for less than four months in any year in a resident or day
20 camp for children or youth, or any individual employed by an educational conference center
21 operated by an educational, charitable or not-for- profit or ganization;
22 (e) Any individual engaged in the activities of an educational or ganization where
23 employment by the or ganization is in lieu of the requirement that the individual pay the cost
24 of tuition, housing or other educational fees of the or ganization or where earnings of the
25 individual employed by the or ganization are credited toward the payment of the cost of
26 tuition, housing or other educational fees of the or ganization;
27 (f) Any individual employed on or about a private residence on an occasional basis
28 for six hours or less on each occasion;
29 (g) Any handicapped person employed in a sheltered workshop, certified by the
30 department of elementary and secondary education;
31 (h) Any person employed on a casual basis to provide baby-sitting services;
32 (i) Any individual employed by an employer subject to the provisions of part A of
33 subtitle IV of title 49, United States Code, 49 U.S.C. §§ 10101 et seq.;
34 (j) Any individual employed on a casual or intermittent basis as a golf caddy ,
35 newsboy , or in a similar occupation;
36 (k) Any individual whose earnings are derived in whole or in part from sales
37 commissions and whose hours and places of employment are not substantially controlled by
38 the employer;
39 (l) Any individual who is employed in any government position defined in 29 U.S.C.
40 §§ 203(e)(2)(C)(i)-(ii);
41 (m) Any individual employed by a retail or service business whose annual gross
42 volume sales made or business done is less than [ five hundred thousand ] eleven million one
43 hundr ed thousand dollars , and beginning with the 2028 calendar year , this thr eshold
44 amount shall be adjusted annually by the per cent incr ease or decre ase in inflation. The
45 department shall determine the percen tage increa se or decr ease in inflation as of the
46 pr eceding July over the level as of July of the immediately pr eceding year of the
47 Consumer Price Index for All Urban Consumers for the United States as r eported by
48 the Burea u of Labor Statistics, or its successor index. The department shall publish the
49 new thr eshold amount annually beginning on or after October 1, 2027, and the new
50 thr eshold amount shall take effect on January first of each calendar year ;
51 (n) Any individual who is an of fender , as defined in section 217.010, who is
52 incarcerated in any correctional facility operated by the department of corrections, including
53 of fenders who provide labor or services on the grounds of such correctional facility pursuant
54 to section 217.550;
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55 (o) Any individual described by the provisions of section 29 U.S.C. 213(a) (8);
56 (4) "Employer", any person acting directly or indirectly in the interest of an employer
57 in relation to an employee;
58 (5) "Learner and apprentice", any individual under 20 years of age who has not
59 completed the required training for a particular job. In no event shall the individual be
60 deemed a learner or apprentice in the occupation after three months of training except where
61 the director finds, after investigation, that for the particular occupation a minimum of
62 proficiency cannot be acquired in three months. In no case shall a person be declared to be a
63 learner or apprentice after six months of training for a particular employer or job. Employees
64 of an amusement or recreation business that meets the criteria set out in 29 U.S.C. § 213(a)
65 (3) may be deemed a learner or apprentice for ninety working days. No individual shall be
66 deemed a learner or apprentice solely for the purpose of evading the provisions of sections
67 290.500 to 290.530;
68 (6) "Occupation", any occupation, service, trade, business, industry , or branch or
69 group of industries or employment or class of employment in which individuals are gainfully
70 employed;
71 (7) "W age", compensation due to an employee by reason of his employment, payable
72 in legal tender of the United States or checks on banks convertible into cash on demand at full
73 face value;
74 (8) "Person", any individual, partnership, association, corporation, business, business
75 trust, legal representative, or any or ganized group of persons;
76 (9) "Man-day", any day during which an employee performs any agricultural labor
77 for not less than one hour .
✔
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