Missouri 2025 Regular Session

Missouri Senate Bill SB703 Compare Versions

Only one version of the bill is available at this time.

Old	New	Differences
1	1
2	2	EXPLANATION-Matter enclosed in bold-faced brackets [thus] in this bill is not enacted
3	3	and is intended to be omitted in the law.
4	4	FIRST REGULAR SESSION
5	5	SENATE BILL NO. 703
6	6	103RD GENERAL ASSEMBLY
7	7	INTRODUCED BY SENATOR BURGER.
8	8	2846S.01I KRISTINA MARTIN, Secretary
9	9	AN ACT
10	10	To repeal section 290.600, RSMo, and to enact in lieu thereof one new section relating to
11	11	exemptions from the earned paid sick time law.
12	12
13	13	Be it enacted by the General Assembly of the State of Missouri, as follows:
14	14	Section A. Section 290.600, RSMo, is repealed and one new 1
15	15	section enacted in lieu thereof, to be known as section 290.600, 2
16	16	to read as follows:3
17	17	290.600. As used in sections 290.600 through 290.642: 1
18	18	(1) "Department", department of labor and industrial 2
19	19	relations; 3
20	20	(2) "Director", director of the department of labor 4
21	21	and industrial relations; 5
22	22	(3) "Domestic violence", as such term is defined in 6
23	23	section 455.010; 7
24	24	(4) "Earned paid sick time", time that is compensated 8
25	25	at the same hourly rate and with the same benefits, 9
26	26	including health care benefits, as the employee normally 10
27	27	earns during hours worked and is provided by an employer to 11
28	28	an employee for the purposes described in section 290.606, 12
29	29	but in no case shall this hourly amount be less than that 13
30	30	provided under section 290.502; 14
31	31	(5) "Employee", any individual employed in this state 15
32	32	by an employer, but does not include: 16
33	33	(a) Any individual engaged in the activities of an 17
34	34	educational, charitable, religious, or nonprofit 18 SB 703 2
35	35	organization where the employer -employee relationship does 19
36	36	not, in fact, exist or where the services rendered to the 20
37	37	organization are on a voluntary basi s; 21
38	38	(b) Any individual standing in loco parentis to foster 22
39	39	children in their care; 23
40	40	(c) Any individual employed for less than four months 24
41	41	in any year in a resident or day camp for children or youth, 25
42	42	or any individual employed by an educational conference 26
43	43	center operated by an educational, charitable or not -for- 27
44	44	profit organization; 28
45	45	(d) Any individual engaged in the activities of an 29
46	46	educational organization where employment by the 30
47	47	organization is in lieu of the requirement that the 31
48	48	individual pay the cost of tuition, housing or other 32
49	49	educational fees of the organization or where earnings of 33
50	50	the individual employed by the organization are credited 34
51	51	toward the payment of the cost of tuition, housing or other 35
52	52	educational fees of the org anization; 36
53	53	(e) Any individual employed on or about a private 37
54	54	residence on an occasional basis for six hours or less on 38
55	55	each occasion; 39
56	56	(f) Any individual employed on a casual basis to 40
57	57	provide baby-sitting services; 41
58	58	(g) Any individual employed by an employer subject to 42
59	59	the provisions of Part A of Subtitle IV of Title 49, United 43
60	60	States Code, 49 U.S.C. §§ 10101 et seq.; 44
61	61	(h) Any individual employed on a casual or 45
62	62	intermittent basis as a golf caddy, newsboy, or in a similar 46
63	63	occupation; 47
64	64	(i) Any individual who is employed in any government 48
65	65	position defined in 29 U.S.C. §§ 203(e)(2)(C)(i) -(ii); 49 SB 703 3
66	66	(j) Any individual employed by a retail or service 50
67	67	business whose annual gross volume sales made or business 51
68	68	done is less than fi ve hundred thousand dollars; 52
69	69	(k) Any individual who is an offender, as defined in 53
70	70	section 217.010, who is incarcerated in any correctional 54
71	71	facility operated by the department of corrections, 55
72	72	including offenders who provide labor or services on the 56
73	73	grounds of such correctional facility pursuant to section 57
74	74	217.550; [or,] 58
75	75	(l) Any individual described by the provisions of 59
76	76	section 29 U.S.C. 213(a)(8); or 60
77	77	(m) Any individual who is an employee of an employer 61
78	78	engaged in the operation of a v essel that is documented by 62
79	79	the United States under 46 U.S.C. Section 12105; 63
80	80	(6) "Employer", any person acting directly or 64
81	81	indirectly in the interest of an employer in relation to an 65
82	82	employee; provided, however, that for the purposes of 66
83	83	sections 290.600 through 290.642 "employer" does not include 67
84	84	the United States government, the state, or a political 68
85	85	subdivision of the state, including a department, agency, 69
86	86	officer, bureau, division, board, commission, or 70
87	87	instrumentality of the state, or a ci ty, county, town, 71
88	88	village, school district, public higher education 72
89	89	institution, or other political subdivision of the state; 73
90	90	(7) "Family member", any of the following individuals: 74
91	91	(a) Regardless of age, a biological, adopted or foster 75
92	92	child, stepchild or legal ward, a child of a domestic 76
93	93	partner, a child to whom the employee stands in loco 77
94	94	parentis, or an individual to whom the employee stood in 78
95	95	loco parentis when the individual was a minor; 79
96	96	(b) A biological, foster, stepparent or a doptive 80
97	97	parent or legal guardian of an employee or an employee's 81 SB 703 4
98	98	spouse or domestic partner or an individual who stood in 82
99	99	loco parentis when the employee or employee's spouse or 83
100	100	domestic partner was a minor child; 84
101	101	(c) An individual to whom the em ployee is legally 85
102	102	married under the laws of any state, or a domestic partner 86
103	103	who is registered as such under the laws of any state or 87
104	104	political subdivision, or an individual with whom the 88
105	105	employee is in a continuing social relationship of a 89
106	106	romantic or intimate nature; 90
107	107	(d) A grandparent, grandchild, or sibling (whether of 91
108	108	a biological, foster, adoptive or step relationship) of the 92
109	109	employee or the employee's spouse or domestic partner; or 93
110	110	(e) A person for whom the employee is responsible f or 94
111	111	providing or arranging health or safety -related care, 95
112	112	including but not limited to helping that individual obtain 96
113	113	diagnostic, preventative, routine, or therapeutic health 97
114	114	treatment or ensuring the person is safe following domestic 98
115	115	violence, sexual assault, or stalking; 99
116	116	(8) "Health care professional", any individual 100
117	117	licensed under federal or any state law to provide medical 101
118	118	or emergency services, including but not limited to doctors, 102
119	119	nurses, certified nurse midwives, mental health 103
120	120	professionals, and emergency room personnel; 104
121	121	(9) "Person", any individual, partnership, 105
122	122	association, corporation, business, business trust, legal 106
123	123	representative, or any organized group of persons; 107
124	124	(10) "Retaliatory personnel action", denial of any 108
125	125	right guaranteed under sections 290.600 through 290.642, or 109
126	126	any threat, discharge, suspension, demotion, reduction of 110
127	127	hours, or any other adverse action against an employee for 111
128	128	the exercise of any right guaranteed herein. "Retaliatory 112
129	129	personnel action" shall also include interference with or 113 SB 703 5
130	130	punishment for in any manner participating in or assisting 114
131	131	an investigation, proceeding, or hearing under sections 115
132	132	290.600 through 290.642; 116
133	133	(11) "Same hourly rate", means the following: 117
134	134	(a) For employees paid on the basis of a single hourly 118
135	135	rate, the same hourly rate shall be the employee's regular 119
136	136	hourly rate; 120
137	137	(b) For employees who are paid multiple hourly rates 121
138	138	of pay from the same employer, the same hourly rate shall be 122
139	139	either: 123
140	140	a. The wages the employee would have been paid for the 124
141	141	hours absent during use of earned paid sick time if the 125
142	142	employee had worked; or, 126
143	143	b. The weighted average of all hourly rates of pay 127
144	144	during the previous pay period. 128
145	145	Whatever method the employer uses, the employer must use a 129
146	146	consistent method for each employee throughout a year; 130
147	147	(c) For employees who are paid a salary, the same 131
148	148	hourly rate shall be determined by dividing the wages the 132
149	149	employee earns in the previous pay period by the total 133
150	150	number of hours worked during the previous pay period. For 134
151	151	determining total number of hours worked during the previous 135
152	152	pay period, employees who are exempt from overtime 136
153	153	requirements under 29 U.S.C. § 213(a)(1), the Fair Labor 137
154	154	Standards Act, shall be as sumed to work forty hours in each 138
155	155	work week unless their normal work week is less than forty 139
156	156	hours, in which case earned paid sick time shall accrue and 140
157	157	the same hourly rate shall be calculated based on the 141
158	158	employee's normal work week. Regardless of the basis used, 142
159	159	the same hourly rate shall not be less than the effective 143
160	160	minimum wage specified in section 290.502; 144 SB 703 6
161	161	(d) For employees paid on a piece rate or a fee -for- 145
162	162	service basis, the same hourly rate shall be a reasonable 146
163	163	calculation of the w ages or fees the employee would have 147
164	164	received for the piece work, service, or part thereof, if 148
165	165	the employee had worked. Regardless of the basis used, the 149
166	166	same hourly rate shall not be less than the effective 150
167	167	minimum wage specified in section 290.502; 151
168	168	(e) For employees who are paid on a commission basis 152
169	169	(whether base wage plus commission or commission only), the 153
170	170	same hourly rate shall be the greater of the base wage or 154
171	171	the effective minimum wage specified in section 290.502; 155
172	172	(f) For employees who receive and retain compensation 156
173	173	in the form of gratuities in addition to wages, the same 157
174	174	hourly rate shall be the greater of the employee's regular 158
175	175	hourly rate or one hundred percent of the effective minimum 159
176	176	wage specified in section 290.502 w ithout deduction of any 160
177	177	tips as a credit; 161
178	178	(12) "Sexual assault", as such term is defined in 162
179	179	section 455.010; 163
180	180	(13) "Stalking", as such term is defined in section 164
181	181	455.010; 165
182	182	(14) "Year", a regular and consecutive twelve -month 166
183	183	period as determined by the employer; except that for the 167
184	184	purposes of section 290.615 and section 290.627, "year" 168
185	185	shall mean a calendar year. 169
186	186	