Thread by @SarahUnsicker

Y'all ready to hear about how you don't have to get paid for the work that you do? Buckle in.

https://twitter.com/SarahUnsicker/status/1566051359027351553

First, the law of wages is in Chapter 290, RSMo. It's got general provisions, provisions for paying prevailing wages, a part to make sure women aren't paid less than men, and the minimum wage part. Let's talk about paying minimum wage.
revisor.mo.gov/main/OneChapte…

A few years back, St. Louis decided to raise the minimum wage in the city. The legislature came back and said "nope." They were quite adamant about it, too. revisor.mo.gov/main/OneSectio…

So, although a city can't mandate a higher minimum wage, it is a crime to not pay minimum wages to an employee. It's a Class C misdemeanor, to be exact. (compare this with the harsher A misdemeanor offense of giving the 'wrong' book to a student.) revisor.mo.gov/main/OneSectio…

But what else is a class C misdemeanor? A failure to keep records, falsifying records, or impeding an investigation into wage rates. (But those are each individual crimes, as opposed to underpaying an employee, which is a crime per employee for each week of underpayment.)

But it's only a crime to pay an EMPLOYEE less than minimum wage. Who is not an employee?
* Kids and volunteers at #Agape, for starters. revisor.mo.gov/main/OneSectio…

Maybe that's why Schmitt didn't initiate an investigation?

https://twitter.com/SarahUnsicker/status/1566051355818696704

Also not an employee:
* Kids who have been court-ordered to make restitution for a nonviolent crime. *They also cannot be paid more than minimum wage*. This is so important, the same language is in two sections of statute: 211.085 and 211.188. revisor.mo.gov/main/OneSectio…

ASIDE: There seems to be quite a bit about not paying kids. One of these days, I should do a separate thread about how the Attorney General -- yeah, that Schmitt guy -- doesn't prosecute violations of our lax child labor laws.

Also not an employee:
* Someone who works occasionally in a private residence
* A person who works in a sheltered workshop.
* Government workers
* Prisoners
revisor.mo.gov/main/OneSectio…

"But," you say, "I'm supposed to make $25/hour which is more than minimum wage that is $11.15. What if my employer cuts my pay to $5/hour?"

I'm glad you asked.

First, that employer is a scumbag and should have their business shut down. But that's not Missouri law.

So, the the Department of Labor can investigate whether the employer paid the difference between $5 and $11.15. And if they find the employer didn't pay you that $6.15 you were owed, you get double that amount in damages. When you sue them for the $6.15. revisor.mo.gov/main/OneSectio…

"But what about the rest of it?" you ask. After all, that $13.35 is also missing out of your paycheck.

Well, that's governed by contract law. The Department of Labor could help you out, but you may have to do your own discovery (or rather, pay the lawyer to do it).

And again, that's only employees who are entitled to minimum wage. If you're not classified as an employee (see above), well ... 🤷‍♀️

The Missouri Department of Labor has a form for employees who have not been paid minimum wage. They do not take anonymous complaints or third-party complaints. lrforms.mo.gov/minimum_wage/M…

⚠️Also not an employee: an independent contractor. Gig workers, delivery drivers, Uber drivers - also not covered by the minimum wage law.⚠️

Who is an independent contractor? irs.gov/businesses/sma…

But let's go back to the kids. Reminder that kids who are working as part of what is called School (such as Agape Boarding School) or for restitution for crimes are not considered employees.

https://twitter.com/SarahUnsicker/status/1566244103788105730?s=20&t=4WLis6ihw-eqY7Kp7egwPw

https://twitter.com/SarahUnsicker/status/1566244112868601857?s=20&t=uWA8KkJR2ceX5NKu0GQsPg

Kids are allowed to work on a farm. They are not considered employees under minimum wage law. They also don't have a minimum age requirement or a requirement to get a work certificate. revisor.mo.gov/main/OneSectio…

But there are also provisions about child labor. If a child is 14 or 15, they can work, but only if they get a work certificate issued by their school superintendent.

https://twitter.com/SarahUnsicker/status/1522613167477645314

In 2021, there were 6,697 work certificates issued. The department of Labor received 9 complaints and closed 17. oa.mo.gov/sites/default/…

By the way, in 2021, the Division of Labor Standards (which handles both minimum wage complaints and work certificate issues) spent less than $500,000. They did not spend over a quarter of their budget.

Child labor laws are covered in chapter 294. revisor.mo.gov/main/OneChapte…

We also have a fund to enforce child labor violations. In Fiscal Year 2021 (July 2020-June 2021), it grew by over 30%. (Fund 0826) treasurer.mo.gov/bank/FundRepor…

Our treasurer is the Republican candidate for auditor. The job of auditor is so important to rooting out corruption. auditor.mo.gov/AuditReport/Re…