Missouri Final Paycheck Law — deadline & penalty calculator

Frequently Asked Questions

• When must a Missouri employer pay a fired employee's final wages?

  Missouri law (RSMo §290.110, as of 2026) requires all wages to be paid at the time of dismissal. If the employer fails to pay immediately, the employee must send a written demand by certified mail with return receipt. The employer then has 7 days to respond with full payment.

• What is the penalty for a late final paycheck in Missouri (2026)?

  If wages remain unpaid after the 7-day certified-mail window for a discharged employee, the employer is liable for penalty wages that accrue at the employee's regular daily rate for up to 60 additional days (RSMo §290.110, as of 2026). Missouri has no state agency to collect wages — employees must pursue recovery through private legal action.

• Does Missouri's final paycheck law apply to layoffs?

  Yes. Missouri treats layoffs (involuntary terminations) the same as firings. Wages are due at the time of separation, and the same 7-day certified-mail process and 60-day penalty cap apply (RSMo §290.110, as of 2026).

• When must a Missouri employer pay final wages when an employee quits voluntarily?

  Missouri has no specific statutory deadline for employees who quit. Wages are generally expected by the next regular pay period. There is no penalty statute for voluntary quit situations — recovery requires private legal action in small claims or circuit court (as of 2026).

• How do I send a certified-mail demand for my final paycheck in Missouri?

  Send a written letter to your former employer via USPS certified mail with return receipt requested (Form 3800). The letter should state your name, dates of employment, wages owed, and request payment in full. Keep the receipt as proof of delivery — this starts the 7-day employer response window under RSMo §290.110 (as of 2026).

• Does Missouri have a state agency that collects unpaid wages?

  No. Missouri's Division of Labor Standards does not have authority to collect private wages on behalf of employees. Workers must file their own legal action — small claims court for amounts under $5,000, or circuit court for larger claims. The federal Wage and Hour Division handles FLSA violations (as of 2026).

• Is Missouri's final paycheck rule stricter than the federal FLSA?

  Yes. The FLSA sets no specific final-paycheck deadline (only payday rules apply). Missouri goes further by requiring immediate payment at dismissal, a structured 7-day certified-mail demand process, and up to 60 days of penalty wages — providing discharged workers stronger protection than federal law alone (RSMo §290.110, as of 2026).

• Can Missouri employers withhold the final paycheck for any reason?

  No. Missouri employers cannot withhold a final paycheck as leverage for return of company property, unsigned agreements, or any other reason. All wages earned must be paid. Disputes over amounts do not justify withholding the undisputed portion. Consult an attorney for complex deduction questions (as of 2026).

• What types of pay are included in a Missouri final paycheck?

  Missouri final paycheck laws cover all earned wages — regular pay, overtime, and any vested benefits contractually payable upon separation. Whether accrued vacation, PTO, or commissions are included depends on the employer's written policy or employment agreement. Courts generally follow the employer's established written policy (as of 2026).

• Can I sue for more than 60 days of penalty wages in Missouri?

  No. RSMo §290.110 caps additional penalty wages at 60 days. However, you may still recover your original unpaid wages and potentially court costs on top of the penalty. For situations involving larger amounts or complex employment disputes, consult a Missouri employment attorney (as of 2026).