PURPOSE: This rule establishes the minimum wage rates to be paid to certain qualifying employees and describes generally the allowance of gratuities as a credit toward payment of the minimum wage.

1. (1) Effective August 28, 1990 employers who employ individuals who are covered under the Missouri minimum wage law are required to pay to each such individual wages at the same rate as established as the federal minimum wage under the Fair Labor Standards Act (FLSA).
2. (2) Learners and apprentices shall be paid the same rate as established under the provisions of federal law as the federal subminimum wage applicable to new workers. The Fair Labor Standards Amendments of 1996 to the FLSA established training wages for certain eligible workers.
3. (3) An individual whose earning capacity is impaired by physical or mental deficiency, and who is unable to maintain a production level within the limits required of those employees who are receiving minimum or subminimum wages set forth in section (1) or
4. (2) of this rule, may be paid at a minimum wage as established by the director which may be lower than the minimum and subminimum wage rates set forth in this rule. Employment of individuals at these lower wage rates shall be permitted as provided under 8 CSR 30-4.040.
5. (4) Tipped employees shall receive at least the applicable minimum wages as set forth in this rule, except that the employer may claim gratuities as a credit toward the payment of the required minimum wage. The maximum amount of gratuities that the employer can claim as a credit is fifty percent (50%) of the applicable minimum wage rate. In no event shall the amount of wages and gratuities equal less than the applicable minimum wage, with the difference between the gratuities and the minimum wage being paid by the employer. AND INDUSTRIAL RELATIONS

AUTHORITY: sections 290.512, 290.515 and 290.517, RSMo 2000.* Original rule filed July 22, 1992, effective Feb. 26, 1993. Amended: Filed Oct. 8, 2003, effective April 30, 2004.

*Original authority: 290.512, RSMo 1990; 290.515, RSMo 1990; and 290.517, RSMo 1990.