PURPOSE: This rule establishes requirements for the filing of administrative minimum wage complaints.

1. (1) An individual who believes that he or she has not been paid the required minimum wage may file a complaint on a form prescribed by the department. The department will not accept anonymous or third-party complaints. A complaint form can be obtained by accessing the department’s website at www.dolir.mo.gov or by contacting the Division of Labor Standards by phone at
2. (573) 751-3403.
3. (2) The department shall have authority to investigate and ascertain the wages of persons employed in any occupation included within the meaning of sections 290.500 to 290.530, RSMo. Employees that are not covered and not required to be paid the minimum wage rate are listed in section 290.500(3), RSMo.
4. (3) A complainant shall provide and keep the department advised of the complainant’s current mailing address and telephone number.
5. (4) An employer under investigation shall provide the department with a copy of the first page of its most recent income and sales tax returns to determine the applicability of the minimum wage law. The employer shall also keep the department advised of the employer’s current mailing address and telephone number.
6. (5) Upon completion of the department’s investigation, the parties shall be notified of the department’s findings.
7. (6) Any employer wishing to establish a training rate for learners and apprentices as permitted by section 290.517, RSMo, shall provide a written request to the director stating the classification of workers it desires to be designated as learners or apprentices. Upon such notice and in the discretion of the director, a hearing will be held consistent with section 290.517, RSMo.

AUTHORITY: sections 290.517 and 290.523, RSMo Supp. 2008.* Original rule filed Aug. 15, 2008, effective March 30, 2009. *Original authority: 290.517, RSMo 1990, amended 2006 and 290.523, RSMo 2008.