Missouri Final Paycheck Law — penalty calculator

Frequently Asked Questions

• When is my final paycheck due if I was fired in Missouri?

  Immediately — on the day you are discharged. Missouri RSMo 290.110 states that wages earned at the contract rate become due and payable on the day of dismissal. Your employer cannot delay payment to the next regular payday.

• What should I do if my employer hasn't paid me after being fired?

  Send a written wage demand to your former employer by certified mail. Once they receive it, they have 7 days to pay all wages owed. If they fail to pay within 7 days, penalty wages begin accruing at your regular rate under RSMo 290.110.

• How are Missouri final paycheck penalty wages calculated?

  The penalty is your regular daily wage rate continuing as if you were still employed — until you are paid, for a maximum of 60 days. For example, at $20/hr × 8 hrs/day = $160/day, a 30-day unpaid delay can generate $4,800 in penalty wages (maximum $9,600 at 60 days).

• Is there a cap on Missouri final paycheck penalties?

  Yes. Penalty wages under RSMo 290.110 cannot continue for more than 60 calendar days from the date of discharge. After 60 days, the accrual stops regardless of whether full payment has been made.

• When is my final paycheck due if I quit my job in Missouri?

  Missouri law sets no specific deadline for employees who voluntarily resign. Wages are due by the next regular pay period. The 60-day continuing-wage penalty under RSMo 290.110 applies only to employees who are discharged, not those who quit.

• Does the Missouri final paycheck law apply to all employees?

  There is one notable statutory exception: employees whose compensation is based primarily on commissions and whose duties include account collection, stock management, or similar work requiring an audit to determine final pay are excluded from the immediate-payment and penalty provisions.

• Can I sue my employer for a late final paycheck in Missouri?

  Yes. You may file a private civil action in Missouri small claims court (claims under $5,000) or circuit court (larger claims). You may also file a wage complaint with the Missouri Division of Labor Standards at labor.mo.gov.

• Must my employer include accrued vacation in my final paycheck in Missouri?

  Missouri does not require employers to pay out accrued vacation or PTO upon termination unless the employer's policy or an employment contract promises it. If payout is promised by policy, failure to pay it may be pursued as a wage claim under RSMo 290.110.

• How does Missouri's final paycheck law compare to federal law?

  The federal FLSA has no specific final paycheck deadline — it requires payment only by the next regular payday. Missouri is stricter: discharged employees are owed payment the same day, with continuing-wage penalties for delays up to 60 days. This makes Missouri law more employee-protective than the federal baseline.

• What is the statute for Missouri's final paycheck rule?

  RSMo 290.110, titled 'Payment due discharged employee — exceptions — penalty for delay,' is the primary statute. General wage and hour rules are in RSMo Chapter 290. The Missouri Department of Labor provides guidance at labor.mo.gov/dls/general/termination-final-wages.