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. 703
103RD GENERAL ASSEMBLY
INTRODUCED BY SENATOR BURGER.
2846S.01I KRISTINA MARTIN, Secretary
AN ACT
To repeal section 290.600, RSMo, and to enact in lieu thereof one new section relating to
exemptions from the earned paid sick time law.
Be it enacted by the General Assembly of the State of Missouri, as follows:
Section A. Section 290.600, RSMo, is repealed and one new 1
section enacted in lieu thereof, to be known as section 290.600, 2
to read as follows:3
290.600. As used in sections 290.600 through 290.642: 1
(1) "Department", department of labor and industrial 2
relations; 3
(2) "Director", director of the department of labor 4
and industrial relations; 5
(3) "Domestic violence", as such term is defined in 6
section 455.010; 7
(4) "Earned paid sick time", time that is compensated 8
at the same hourly rate and with the same benefits, 9
including health care benefits, as the employee normally 10
earns during hours worked and is provided by an employer to 11
an employee for the purposes described in section 290.606, 12
but in no case shall this hourly amount be less than that 13
provided under section 290.502; 14
(5) "Employee", any individual employed in this state 15
by an employer, but does not include: 16
(a) Any individual engaged in the activities of an 17
educational, charitable, religious, or nonprofit 18 SB 703 2
organization where the employer -employee relationship does 19
not, in fact, exist or where the services rendered to the 20
organization are on a voluntary basi s; 21
(b) Any individual standing in loco parentis to foster 22
children in their care; 23
(c) Any individual employed for less than four months 24
in any year in a resident or day camp for children or youth, 25
or any individual employed by an educational conference 26
center operated by an educational, charitable or not -for- 27
profit organization; 28
(d) Any individual engaged in the activities of an 29
educational organization where employment by the 30
organization is in lieu of the requirement that the 31
individual pay the cost of tuition, housing or other 32
educational fees of the organization or where earnings of 33
the individual employed by the organization are credited 34
toward the payment of the cost of tuition, housing or other 35
educational fees of the org anization; 36
(e) Any individual employed on or about a private 37
residence on an occasional basis for six hours or less on 38
each occasion; 39
(f) Any individual employed on a casual basis to 40
provide baby-sitting services; 41
(g) Any individual employed by an employer subject to 42
the provisions of Part A of Subtitle IV of Title 49, United 43
States Code, 49 U.S.C. §§ 10101 et seq.; 44
(h) Any individual employed on a casual or 45
intermittent basis as a golf caddy, newsboy, or in a similar 46
occupation; 47
(i) Any individual who is employed in any government 48
position defined in 29 U.S.C. §§ 203(e)(2)(C)(i) -(ii); 49 SB 703 3
(j) Any individual employed by a retail or service 50
business whose annual gross volume sales made or business 51
done is less than fi ve hundred thousand dollars; 52
(k) Any individual who is an offender, as defined in 53
section 217.010, who is incarcerated in any correctional 54
facility operated by the department of corrections, 55
including offenders who provide labor or services on the 56
grounds of such correctional facility pursuant to section 57
217.550; [or,] 58
(l) Any individual described by the provisions of 59
section 29 U.S.C. 213(a)(8); or 60
(m) Any individual who is an employee of an employer 61
engaged in the operation of a v essel that is documented by 62
the United States under 46 U.S.C. Section 12105; 63
(6) "Employer", any person acting directly or 64
indirectly in the interest of an employer in relation to an 65
employee; provided, however, that for the purposes of 66
sections 290.600 through 290.642 "employer" does not include 67
the United States government, the state, or a political 68
subdivision of the state, including a department, agency, 69
officer, bureau, division, board, commission, or 70
instrumentality of the state, or a ci ty, county, town, 71
village, school district, public higher education 72
institution, or other political subdivision of the state; 73
(7) "Family member", any of the following individuals: 74
(a) Regardless of age, a biological, adopted or foster 75
child, stepchild or legal ward, a child of a domestic 76
partner, a child to whom the employee stands in loco 77
parentis, or an individual to whom the employee stood in 78
loco parentis when the individual was a minor; 79
(b) A biological, foster, stepparent or a doptive 80
parent or legal guardian of an employee or an employee's 81 SB 703 4
spouse or domestic partner or an individual who stood in 82
loco parentis when the employee or employee's spouse or 83
domestic partner was a minor child; 84
(c) An individual to whom the em ployee is legally 85
married under the laws of any state, or a domestic partner 86
who is registered as such under the laws of any state or 87
political subdivision, or an individual with whom the 88
employee is in a continuing social relationship of a 89
romantic or intimate nature; 90
(d) A grandparent, grandchild, or sibling (whether of 91
a biological, foster, adoptive or step relationship) of the 92
employee or the employee's spouse or domestic partner; or 93
(e) A person for whom the employee is responsible f or 94
providing or arranging health or safety -related care, 95
including but not limited to helping that individual obtain 96
diagnostic, preventative, routine, or therapeutic health 97
treatment or ensuring the person is safe following domestic 98
violence, sexual assault, or stalking; 99
(8) "Health care professional", any individual 100
licensed under federal or any state law to provide medical 101
or emergency services, including but not limited to doctors, 102
nurses, certified nurse midwives, mental health 103
professionals, and emergency room personnel; 104
(9) "Person", any individual, partnership, 105
association, corporation, business, business trust, legal 106
representative, or any organized group of persons; 107
(10) "Retaliatory personnel action", denial of any 108
right guaranteed under sections 290.600 through 290.642, or 109
any threat, discharge, suspension, demotion, reduction of 110
hours, or any other adverse action against an employee for 111
the exercise of any right guaranteed herein. "Retaliatory 112
personnel action" shall also include interference with or 113 SB 703 5
punishment for in any manner participating in or assisting 114
an investigation, proceeding, or hearing under sections 115
290.600 through 290.642; 116
(11) "Same hourly rate", means the following: 117
(a) For employees paid on the basis of a single hourly 118
rate, the same hourly rate shall be the employee's regular 119
hourly rate; 120
(b) For employees who are paid multiple hourly rates 121
of pay from the same employer, the same hourly rate shall be 122
either: 123
a. The wages the employee would have been paid for the 124
hours absent during use of earned paid sick time if the 125
employee had worked; or, 126
b. The weighted average of all hourly rates of pay 127
during the previous pay period. 128
Whatever method the employer uses, the employer must use a 129
consistent method for each employee throughout a year; 130
(c) For employees who are paid a salary, the same 131
hourly rate shall be determined by dividing the wages the 132
employee earns in the previous pay period by the total 133
number of hours worked during the previous pay period. For 134
determining total number of hours worked during the previous 135
pay period, employees who are exempt from overtime 136
requirements under 29 U.S.C. § 213(a)(1), the Fair Labor 137
Standards Act, shall be as sumed to work forty hours in each 138
work week unless their normal work week is less than forty 139
hours, in which case earned paid sick time shall accrue and 140
the same hourly rate shall be calculated based on the 141
employee's normal work week. Regardless of the basis used, 142
the same hourly rate shall not be less than the effective 143
minimum wage specified in section 290.502; 144 SB 703 6
(d) For employees paid on a piece rate or a fee -for- 145
service basis, the same hourly rate shall be a reasonable 146
calculation of the w ages or fees the employee would have 147
received for the piece work, service, or part thereof, if 148
the employee had worked. Regardless of the basis used, the 149
same hourly rate shall not be less than the effective 150
minimum wage specified in section 290.502; 151
(e) For employees who are paid on a commission basis 152
(whether base wage plus commission or commission only), the 153
same hourly rate shall be the greater of the base wage or 154
the effective minimum wage specified in section 290.502; 155
(f) For employees who receive and retain compensation 156
in the form of gratuities in addition to wages, the same 157
hourly rate shall be the greater of the employee's regular 158
hourly rate or one hundred percent of the effective minimum 159
wage specified in section 290.502 w ithout deduction of any 160
tips as a credit; 161
(12) "Sexual assault", as such term is defined in 162
section 455.010; 163
(13) "Stalking", as such term is defined in section 164
455.010; 165
(14) "Year", a regular and consecutive twelve -month 166
period as determined by the employer; except that for the 167
purposes of section 290.615 and section 290.627, "year" 168
shall mean a calendar year. 169