WAGE AND HOUR DEMAND LETTER
State of Missouri
Missouri Minimum Wage Law and Fair Labor Standards Act Claims
[ATTORNEY/FIRM LETTERHEAD]
[Firm Name]
[Address Line 1]
[City, Missouri ZIP]
Tel: [Phone Number]
Fax: [Fax Number]
[Attorney Email]
[Missouri Bar Number]
VIA CERTIFIED MAIL, RETURN RECEIPT REQUESTED
AND VIA EMAIL TO: [recipient_email]
[Date]
[Employer Contact Name]
[Title]
[Company Legal Name]
[Company Address]
[City, State ZIP]
Copy to:
[Company General Counsel, if known]
[Registered Agent, if different]
Re: Wage and Hour Violations - [Client Full Name]
[and All Similarly Situated Employees - if collective/class action contemplated]
Demand for Unpaid Wages Under Missouri Law and FLSA
CONFIDENTIAL SETTLEMENT COMMUNICATION
Dear [Mr./Ms./Mx. Last Name]:
This firm has been retained by [Client Full Name] ("our client") to pursue claims for unpaid wages against [Company Legal Name] ("[Company Short Name]" or "the Company") arising from violations of the Missouri Minimum Wage Law, Mo. Rev. Stat. Section 290.500 et seq., the Missouri Wage Payment Law, Mo. Rev. Stat. Section 290.010 et seq., and the Fair Labor Standards Act ("FLSA"), 29 U.S.C. Section 201 et seq.
Please direct all further communications regarding this matter to our office.
I. MISSOURI-SPECIFIC LEGAL FRAMEWORK
A. Applicable Wage and Hour Law
Missouri's minimum wage was increased through a 2018 constitutional amendment (Proposition B) and continues to increase annually. Missouri adopts federal FLSA standards for overtime.
Key Legal Framework:
| Category | Missouri Requirement | Citation |
|---|---|---|
| Minimum Wage | $12.30/hour (2024) | Mo. Const. Art. III, Section 24; Mo. Rev. Stat. Section 290.502 |
| Tipped Minimum | 50% of minimum wage ($6.15/hour) | Mo. Rev. Stat. Section 290.512 |
| Overtime | 1.5x regular rate after 40 hours/week (FLSA) | 29 U.S.C. Section 207 |
| Waiting Time Penalty | 2% per day up to double wages | Mo. Rev. Stat. Section 290.110 |
B. Statute of Limitations
| Claim Type | Limitations Period | Citation |
|---|---|---|
| Missouri wage claims | 2 years | Mo. Rev. Stat. Section 290.527 |
| FLSA (standard) | 2 years | 29 U.S.C. Section 255(a) |
| FLSA (willful) | 3 years | 29 U.S.C. Section 255(a) |
| Breach of Contract | 5 years | Mo. Rev. Stat. Section 516.120 |
C. Missouri Wage Payment Requirements
Payment Timing Requirements (Mo. Rev. Stat. Section 290.080):
| Situation | Requirement | Citation |
|---|---|---|
| Regular wages | Regular paydays, at least semi-monthly | Mo. Rev. Stat. Section 290.080 |
| Involuntary termination | Immediately, or within 7 days if wages cannot be calculated | Mo. Rev. Stat. Section 290.110 |
| Voluntary resignation | Next regular payday | Mo. Rev. Stat. Section 290.110 |
| Waiting time penalty | 2% per day until paid, up to double wages | Mo. Rev. Stat. Section 290.110 |
Payroll Deductions (Mo. Rev. Stat. Section 290.080):
- Deductions must be authorized or required by law
- Cannot reduce wages below minimum wage
- Written authorization required for voluntary deductions
D. Enforcement Mechanisms
Administrative:
- Missouri Department of Labor and Industrial Relations
- Division of Labor Standards
- File complaint at labor.mo.gov
Private Right of Action:
- Mo. Rev. Stat. Section 290.527: Private action for minimum wage violations
- Mo. Rev. Stat. Section 290.110: Waiting time penalties for late final wages
- Attorney's fees and costs available
E. Missouri Tip Credit Rules
| Requirement | Standard | Citation |
|---|---|---|
| Cash wage minimum | 50% of minimum wage ($6.15/hour) | Mo. Rev. Stat. Section 290.512 |
| Tip credit maximum | 50% of minimum wage | Mo. Rev. Stat. Section 290.512 |
| Total must equal | $12.30/hour minimum | Mo. Rev. Stat. Section 290.502 |
| Notice required | Yes | Mo. Rev. Stat. Section 290.512 |
| Tip pooling | Valid for customarily tipped employees | Federal rules apply |
II. INTRODUCTION AND SUMMARY OF CLAIMS
Our client was employed by [Company Short Name] as a [Job Title] from [Start Date] to [End Date / Present], working at [Work Location(s)] in Missouri. During this employment, [Company Short Name] violated Missouri wage laws by:
[ ] Failing to pay the Missouri minimum wage of $12.30 per hour
[ ] Failing to pay overtime compensation at 1.5 times the regular rate for hours worked over 40 per week
[ ] Misclassifying our client as exempt from overtime when [he/she/they] should have been classified as non-exempt
[ ] Misclassifying our client as an independent contractor when [he/she/they] was an employee entitled to wage protections
[ ] Failing to pay final wages upon termination, triggering waiting time penalties
[ ] Failing to pay for all hours worked, including:
[ ] Off-the-clock work before/after shifts
[ ] Uncompensated meal periods during which work was performed
[ ] Time spent on required pre-shift or post-shift activities
[ ] Travel time that should have been compensated
[ ] Training time
[ ] Making unlawful deductions from wages
[ ] Unlawful tip pooling or tip credit violations
III. FACTUAL BACKGROUND
A. Employment Relationship
| Category | Details |
|---|---|
| Employee Name | [Client Full Name] |
| Job Title(s) | [Title(s)] |
| Dates of Employment | [Start Date] to [End Date / Present] |
| Work Location(s) | [Address(es) in Missouri] |
| Primary Duties | [Describe job duties] |
| Rate of Pay | $[Amount] per [hour/week/year] |
| Classification | [Exempt / Non-Exempt / Independent Contractor] |
| Pay Frequency | [Weekly / Bi-weekly / Semi-monthly] |
| Supervisor(s) | [Name(s) and Title(s)] |
B. Hours Worked
Our client regularly worked the following schedule:
Typical Weekly Schedule:
| Day | Scheduled Hours | Actual Hours Worked | Unpaid Time |
|---|---|---|---|
| Monday | [X:XX - X:XX] | [X:XX - X:XX] | [X hours] |
| Tuesday | [X:XX - X:XX] | [X:XX - X:XX] | [X hours] |
| Wednesday | [X:XX - X:XX] | [X:XX - X:XX] | [X hours] |
| Thursday | [X:XX - X:XX] | [X:XX - X:XX] | [X hours] |
| Friday | [X:XX - X:XX] | [X:XX - X:XX] | [X hours] |
| Saturday | [X:XX - X:XX] | [X:XX - X:XX] | [X hours] |
| Sunday | [X:XX - X:XX] | [X:XX - X:XX] | [X hours] |
| Weekly Total | [X hours] | [X hours] | [X hours] |
Average overtime hours per week not compensated at 1.5x rate: [X hours]
C. Specific Wage Violations
[Detail specific violations as applicable - off-the-clock work, misclassification, tip violations, late payment, etc.]
IV. LEGAL ANALYSIS
A. Missouri Minimum Wage Law Violations
1. Minimum Wage Requirements (Mo. Rev. Stat. Section 290.502)
Missouri requires employers to pay at least $12.30 per hour to all employees. By [describe violation], [Company Short Name] failed to pay our client the minimum wage.
2. Constitutional Amendment (2018 Proposition B)
Missouri's minimum wage is constitutionally mandated and increases annually. Violations cannot be waived by contract.
B. Missouri Wage Payment Law Violations
1. Timely Payment (Mo. Rev. Stat. Section 290.080)
Employers must pay wages on regular paydays at least twice per month. [Company Short Name] failed to pay wages in a timely manner by [describe specific violation].
2. Final Wage Payment and Waiting Time Penalties (Mo. Rev. Stat. Section 290.110)
When employment is terminated, employers must pay final wages immediately. For each day wages remain unpaid, a penalty of 2% of the unpaid amount accrues, up to double the unpaid wages.
Days Since Termination: [X days]
Waiting Time Penalty: [Amount] (capped at double unpaid wages)
C. FLSA Violations
1. Enterprise Coverage
[Company Short Name] is subject to the FLSA because it is an enterprise engaged in commerce with annual gross sales of at least $500,000. 29 U.S.C. Section 203(s)(1)(A).
2. Overtime Requirements (29 U.S.C. Section 207)
The FLSA requires employers to pay non-exempt employees overtime at a rate of 1.5 times the regular rate for all hours worked over 40 in a workweek.
Our client worked an average of [X hours] per week. [Company Short Name] failed to pay overtime compensation for an average of [X overtime hours] per week.
D. Liquidated Damages
Under 29 U.S.C. Section 216(b), our client is entitled to FLSA liquidated damages equal to the amount of unpaid wages. Under Missouri law, waiting time penalties may also apply.
V. DAMAGES CALCULATION
A. Missouri and FLSA Damages
Relevant Period: [Start Date - 2 years prior to anticipated filing] to [End Date / Present]
Total Weeks in Period: [X weeks]
1. Unpaid Overtime
| Period | Avg. OT Hours/Week | Regular Rate | OT Rate (1.5x) | Unpaid OT/Week | Weeks | Total |
|---|---|---|---|---|---|---|
| [Period 1] | [X] | $[X.XX] | $[X.XX] | $[X.XX] | [X] | $[Amount] |
| Unpaid Overtime Subtotal | $[Amount] |
2. Unpaid Minimum Wage
| Period | Hours Below MW | Shortfall/Hour | Weeks | Total |
|---|---|---|---|---|
| [Period] | [X] | $[X.XX] | [X] | $[Amount] |
| Minimum Wage Subtotal | $[Amount] |
3. Waiting Time Penalties (Mo. Rev. Stat. Section 290.110)
| Unpaid Final Wages | Days Unpaid | 2% Daily Penalty | Total Penalty (Capped) |
|---|---|---|---|
| $[Amount] | [X days] | $[X.XX]/day | $[Amount] (max = 2x wages) |
B. Summary of Damages
| Category | Amount |
|---|---|
| Unpaid Wages | $[Amount] |
| Missouri Waiting Time Penalties | $[Amount] |
| AND/OR FLSA Liquidated Damages | $[Amount] |
| Pre-Judgment Interest | $[Amount] |
| Attorney's Fees (estimated) | $[Amount] |
| Costs (estimated) | $[Amount] |
| TOTAL INDIVIDUAL DAMAGES | $[Amount] |
C. Collective/Class Action Exposure
If this case proceeds as an FLSA collective action or state class action:
| Category | Individual | Estimated Class Size | Total Exposure |
|---|---|---|---|
| Unpaid Wages | $[Amount] | [X employees] | $[Amount] |
| Additional Damages/Penalties | $[Amount] | [X employees] | $[Amount] |
| Collective Exposure | $[Amount] |
VI. SETTLEMENT DEMAND
Based on the foregoing, we demand that [Company Short Name] pay $[Settlement Demand Amount] to settle all claims of [Client Full Name].
This demand includes:
- Unpaid wages
- Waiting time penalties and/or liquidated damages
- Pre-judgment interest
- Attorney's fees and costs incurred to date
This demand will remain open for twenty-one (21) days from the date of this letter, expiring on [Response Deadline Date].
VII. RESPONSE AND LITIGATION
If we do not receive a satisfactory response by the deadline, we will file suit in:
[ ] Missouri Circuit Court, [County] County
[ ] United States District Court for the Eastern District of Missouri
[ ] United States District Court for the Western District of Missouri
The Complaint will seek:
1. Unpaid wages under Mo. Rev. Stat. Section 290.500 et seq. and Section 290.010 et seq.
2. Waiting time penalties under Mo. Rev. Stat. Section 290.110
3. FLSA claims for unpaid minimum wage and overtime
4. FLSA liquidated damages under 29 U.S.C. Section 216(b)
5. Attorney's fees and costs
6. Collective/class certification
VIII. DOCUMENT PRESERVATION
LITIGATION HOLD NOTICE
[Company Short Name] must immediately preserve all documents and ESI relevant to these claims, including:
[ ] Time and attendance records
[ ] Payroll records and pay stubs
[ ] Personnel files and job descriptions
[ ] Employee handbooks and policies
[ ] Scheduling records
[ ] Communications regarding pay practices
[ ] Training materials
[ ] Prior labor department investigations
[ ] Tip records (if applicable)
Spoliation of evidence will result in severe sanctions.
IX. CONFIDENTIALITY
This letter is a confidential settlement communication protected under applicable evidentiary privileges.
We look forward to your prompt response.
Sincerely,
[Attorney Name]
[Title]
[Firm Name]
[Missouri Bar No.]
Enclosures:
[ ] Authorization to Represent
[ ] Pay stubs / wage statements (sample)
[ ] Time records (if available)
cc: [Client Name] (via email)
MISSOURI-SPECIFIC PRACTICE NOTES
[ ] Constitutional Minimum Wage: Missouri's minimum wage is constitutionally mandated (Prop B 2018) and increases annually
[ ] Waiting Time Penalties: Mo. Rev. Stat. Section 290.110 provides 2% per day penalty for late final wages, capped at double unpaid wages
[ ] No State Overtime Law: Missouri follows federal FLSA overtime standards
[ ] Tip Credit at 50%: Missouri allows tip credit of 50% of minimum wage (higher than federal)
[ ] Department of Labor Enforcement: Missouri Department of Labor and Industrial Relations
- Website: labor.mo.gov
- Phone: (573) 751-3403
[ ] At-Will State: Missouri is an at-will employment state with recognized public policy exceptions
[ ] Court Venue:
- State Circuit Court: Primary venue for state claims
- Eastern District (St. Louis): Eastern Missouri
- Western District (Kansas City): Western Missouri
[ ] Kansas City & St. Louis: Check for local minimum wage ordinances (though currently preempted)
[ ] Retail/Service Exemption: Small employers (less than $500,000 revenue) may have limited exemptions
[ ] Independent Contractor Test: Missouri uses common law control test and economic reality factors