EXPLANATION-Matter enclosed in bold-faced brackets [thus] in this bill is not enacted
and is intended to be omitted in the law.
FIRST REGULAR SESSION
SENATE BILL NO. 325
103RD GENERAL ASSEMBLY
INTRODUCED BY SENATOR BROWN (26).
0345S.02I KRISTINA MARTIN, Secretary
AN ACT
To repeal section 290.528, RSMo, and to enact in lieu thereof one new section relating to the
preemption of local ordinances involving employment law.
Be it enacted by the General Assembly of the State of Missouri, as follows:
Section A. Section 290.528, RSMo, is repealed and one new 1
section enacted in lieu thereof, to be known as section 290.700, 2
to read as follows:3
[290.528.] 290.700. 1. As used in this section, the 1
following terms shall mean: 2
(1) "Employee", an individual employed in this state 3
by an employer; 4
(2) "Employer", any individual, sole proprietorship, 5
partnership, limited liability company, corporation, or any 6
other entity that is legally doing business in this state; 7
except that, the term "employer" shall not include any 8
public employer, as defined in section 285.525; 9
(3) "Employment benefits", anything of value that an 10
employee may receive from an employer in addition to wages 11
and salary. The term includes, but is not limited to, 12
health, disability, retirement, profit -sharing, and death 13
benefits; group accidental death and dismemberment benefits; 14
paid or unpaid days off from work for holidays, sick leave, 15
vacation, and personal necessity; and terms of employment, 16
attendance, or leave policies; 17 SB 325 2
(4) "Political subdivision", any municipality, special 18
district, local governmental body, county, city, tow n, or 19
village. 20
2. Notwithstanding any other provisions of law to the 21
contrary, no political subdivision shall establish, mandate, 22
or [otherwise require] enforce a policy, ordinance, or 23
resolution adopted by the political subdivision that: 24
(1) Requires an employer to provide to an employee: 25
[(1)] (a) A minimum or living wage rate; or 26
[(2)] (b) Employment benefits; 27
that exceed state laws, rules, or regulations. Sections 28
290.500 to 290.530 shall preempt and nullify all political 29
subdivision ordinances, rules, and regulations currently in 30
effect or later enacted relating to the establishment or 31
enforcement of a minimum or living wage or the provision of 32
employment benefits that exceed state laws, rules, or 33
regulations; 34
(2) Regulates the information an employer or potential 35
employer shall request, require, or exclude on an 36
application for employment from an employee or prospective 37
employee, provided that a policy, ordinance, or resolution 38
adopted by the political subdi vision may require a criminal 39
background check for an employee or prospective employee in 40
connection with the receipt of a license or permit from the 41
political subdivision; 42
(3) Requires an employer to provide to an employee 43
paid or unpaid leave t ime that conflicts with sections 44
290.600 through 290.642; 45
(4) Regulates the hours and scheduling that an 46
employer is required to provide to employees, or otherwise 47
regulate employee output during work hours, provided that a 48 SB 325 3
policy, ordinance, or resolution adopted by the political 49
subdivision may limit the hours during which a business may 50
operate; 51
(5) Regulates or creates administrative or judicial 52
remedies for wage, hour, or benefit disputes, including, but 53
not limited to, any benefits described in this subsection. 54
3. Nothing in this section shall prohibit a political 55
subdivision from enacting a policy, ordinance, or resolution 56
adopted by the political subdivision regulating employment 57
discrimination pursuant to chapter 213 . 58