Missouri Statewide Rule
Missouri Minimum Wage Local Preemption
Key Facts
- Preemption statute
- RSMo 290.528 preempts higher local wages
- Adopted
- 2015; re-enacted 2017
- State minimum wage
- Set by RSMo 290.502
- Voter measures
- Proposition A, 2018 and 2024
- Local option
- Procurement incentives only
Summary
Missouri RSMo 290.528 preempts local minimum wage ordinances, requiring cities and counties to follow the state minimum wage and barring higher local wage floors. The state wage itself is set by RSMo 290.502 and adjusts annually.
Notwithstanding any other provisions of law to the contrary, no political subdivision shall establish, mandate, or otherwise require an employer to provide to an employee: (1) A minimum or living wage rate; or (2) Employment benefits; - - that exceed state laws, rules, or regulations.
Full Breakdown
RSMo 290.528 provides that no political subdivision may establish, mandate, or require an employer to provide a minimum or living wage exceeding state law, and it preempts and nullifies all such local ordinances. The General Assembly enacted this preemption (HB 722 in 2015, re-enacted via HB 1194 & 1193 in 2017) to override minimum wage ordinances in St. Louis and Kansas City, and the Missouri Supreme Court in Cooperative Home Care v. City of St. Louis (2017) upheld the state's authority. The state minimum wage is set by RSMo 290.502, which voters raised through Proposition A in 2018 and again in 2024 with cost-of-living adjustments. Localities may encourage higher pay through procurement but cannot legislate it.
Violations & Penalties
Local wage ordinances exceeding the state floor are preempted and unenforceable. Employers paying the state minimum wage are shielded from local sanctions, and aggrieved parties may seek declaratory or injunctive relief.
Frequently Asked Questions
Can a Missouri city set its own minimum wage?
What sets the Missouri minimum wage?
Sources
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