Missouri Amendments 6 & 7 and Proposition B

Missouri Constitutional Amendment 6 is a proposed tax exemption for property owned by veterans organizations for nonprofit purposes. Examples that immediately come to mind include VFW lodges. This gives veterans organizations an exemption already enjoyed by “agricultural and horticultural societies.” To be clear, I’m completely in favor of agriculture and horticulture, but I think that showing support for veterans, and by extension troops currently on active duty, is at least as important as supporting garden clubs. Yes on 6.

Missouri Constitutional Amendment 6 provides for creating a commission to set the pay for elected officials, allowing those elected officials to evade responsibility at the ballot box for pay raises they merely “accept”. It also enshrines in the Constitution a rule that, without exception, any public official convicted of any felony during his term of office, whether related to the performance of his office or not, will lose his entire pension. The first provision masquerading as ensuring “that the power to control the rate of compensation of elected officials of this state is retained and exercised by the tax paying citizens of the state”, in fact shields elected officials from criticism for pay raises, likely having exactly the opposite effect to that intended. The second provision by placing this pension requirement in the Constitution and allowing no exceptions removes all flexibility in dealing with an official who may be convicted of a felony not related to his service and may unfairly deprive a lifelong public servant of an earned pension, It also changes fundamentally the constitutional principle that “judgment of impeachment shall not extend beyond removal from office.” Providing some mechanism for revoking a pension where it is merited would be a good thing, but such a procedure should provide due process with a higher bar than required for removal from office. No on 7.

Proposition B creates a state minimum wage of $6.50/hour and indexes it to inflation. The arguments against a minimum wage are well documented, while the arguments for it amount to “it’s not nice for people to work for less than we think they should, whether they want to or not.” A state minimum wage is an intolerable infringement on the liberty of employers and employees. Aside from the purely principled objection, the economic effects of a minimum wage increase would be detrimental to the state as a whole and would have their worst effect on those that supporters claim to want to help. If an employee is worth more than minimum wage to the employer, the employee doesn’t need a law to be paid more, merely the threat of quitting will assure it; if the employee is worth less than the minimum wage, an increase in that wage will simply result in the job being eliminated. Minimum wage is typically a temporary position, often held by teenagers, by adults working second jobs or by a second income earner working part time. Very few single income households have a minimum wage job as their single income. Minimum wage jobs are often the first rung on the career ladder and removing that rung does more to harm young people who can’t get the first job they need than the very limited help it may provide to the very few employees statewide with employers paying less than they would without the law. No on B.

Missouri election,Missouri Amendment 6, Missouri Amendment 6,Missouri Proposition B

Missouri Constitutional Amendment 6

SECOND REGULAR SESSION
[TRULY AGREED TO AND FINALLY PASSED]
SENATE JOINT RESOLUTION NO. 26
93RD GENERAL ASSEMBLY
2006
3420S.01T
JOINT RESOLUTION
Submitting to the qualified voters of Missouri, an amendment repealing section 6 of
article X of the Constitution of Missouri, and adopting one new section in lieu
thereof relating to taxation of veterans’ organizations.
Be it resolved by the Senate, the House of Representatives concurring therein:

That at the next general election to be held in the state of Missouri, on
2 Tuesday next following the first Monday in November, 2006, or at a special
3 election to be called by the governor for that purpose, there is hereby submitted
4 to the qualified voters of this state, for adoption or rejection, the following
5 amendment to article X of the Constitution of the state of Missouri:
Section A. Section 6, article X, Constitution of Missouri, is repealed and
2 one new section adopted in lieu thereof, to be known as section 6, to read as
3 follows:
Section 6. 1. All property, real and personal, of the state, counties and
2 other political subdivisions, and nonprofit cemeteries, shall be exempt from
3 taxation; all personal property held as industrial inventories, including raw
4 materials, work in progress and finished work on hand, by manufacturers and
5 refiners, and all personal property held as goods, wares, merchandise, stock in
6 trade or inventory for resale by distributors, wholesalers, or retail merchants or
7 establishments shall be exempt from taxation; and all property, real and
8 personal, not held for private or corporate profit and used exclusively for religious
9 worship, for schools and colleges, for purposes purely charitable, [or] for
10 agricultural and horticultural societies, or for veterans’ organizations may
11 be exempted from taxation by general law. In addition to the above, household
EXPLANATION–Matter enclosed in bold-faced brackets [thus] in this bill is not enacted and is
intended to be omitted in the law.
12 goods, furniture, wearing apparel and articles of personal use and adornment
13 owned and used by a person in his home or dwelling place may be exempt from
14 taxation by general law but any such law may provide for approximate restitution
15 to the respective political subdivisions of revenues lost by reason of the
16 exemption. All laws exempting from taxation property other than the property
17 enumerated in this article, shall be void. The provisions of this section exempting
18 certain personal property of manufacturers, refiners, distributors, wholesalers,
19 and retail merchants and establishments from taxation shall become effective,
20 unless otherwise provided by law, in each county on January 1 of the year in
21 which that county completes its first general reassessment as defined by law.
22 2. All revenues lost because of the exemption of certain personal property
23 of manufacturers, refiners, distributors, wholesalers, and retail merchants and
24 establishments shall be replaced to each taxing authority within a county from
25 a countywide tax hereby imposed on all property in subclass 3 of class 1 in each
26 county. For the year in which the exemption becomes effective, the county clerk
27 shall calculate the total revenue lost by all taxing authorities in the county and
28 extend upon all property in subclass 3 of class 1 within the county, a tax at the
29 rate necessary to produce that amount. The rate of tax levied in each county
30 according to this subsection shall not be increased above the rate first imposed
31 and will stand levied at that rate unless later reduced according to the provisions
32 of subsection 3. The county collector shall disburse the proceeds according to the
33 revenue lost by each taxing authority because of the exemption of such property
34 in that county. Restitution of the revenues lost by any taxing district contained
35 in more than one county shall be from the several counties according to the
36 revenue lost because of the exemption of property in each county. Each year after
37 the first year the replacement tax is imposed, the amount distributed to each
38 taxing authority in a county shall be increased or decreased by an amount equal
39 to the amount resulting from the change in that district’s total assessed value of
40 property in subclass 3 of class 1 at the countywide replacement tax rate. In order
41 to implement the provisions of this subsection, the limits set in section 11(b) of
42 this article may be exceeded, without voter approval, if necessary to allow each
43 county listed in section 11(b) to comply with this subsection.
44 3. Any increase in the tax rate imposed pursuant to subsection 2 of this
45 section shall be decreased if such decrease is approved by a majority of the voters
46 of the county voting on such decrease. A decrease in the increased tax rate
47 imposed under subsection 2 of this section may be submitted to the voters of a
48 county by the governing body thereof upon its own order, ordinance, or resolution
49 and shall be submitted upon the petition of at least eight percent of the qualified
50 voters who voted in the immediately preceding gubernatorial election.
51 4. As used in this section, the terms “revenues lost” and “lost revenues”
52 shall mean that revenue which each taxing authority received from the imposition
53 of a tangible personal property tax on all personal property held as industrial
54 inventories, including raw materials, work in progress and finished work on hand,
55 by manufacturers and refiners, and all personal property held as goods, wares,
56 merchandise, stock in trade or inventory for resale by distributors, wholesalers,
57 or retail merchants or establishments in the last full tax year immediately
58 preceding the effective date of the exemption from taxation granted for such
59 property under subsection 1 of this section, and which was no longer received
60 after such exemption became effective.

Constitutional Amendment 7

SECOND REGULAR SESSION

[CORRECTED]

[TRULY AGREED TO AND FINALLY PASSED]

HOUSE JOINT RESOLUTION NO. 55

93RD GENERAL ASSEMBLY

5697L.01T 2006

JOINT RESOLUTION

Submitting to the qualified voters of Missouri an amendment repealing section 3 of article XIII of the Constitution of Missouri, and adopting one new section in lieu thereof relating to compensation and discipline of public officials.

Be it resolved by the House of Representatives, the Senate concurring therein:

        That at the next general election to be held in the state of Missouri, on Tuesday next following the first Monday in November, 2006, or at a special election to be called by the governor for that purpose, there is hereby submitted to the qualified voters of this state, for adoption or rejection, the following amendment to article XIII of the Constitution of the state of Missouri:

        Section A. Section 3, article XIII, Constitution of Missouri, is repealed and one new section adopted in lieu thereof, to be known as section 3, to read as follows:

        Section 3. 1. Other provisions of this constitution to the contrary notwithstanding, in order to ensure that the power to control the rate of compensation of elected officials of this state is retained and exercised by the tax paying citizens of the state, after the effective date of this section no elected state official, member of the general assembly, or judge, except municipal judges, shall receive compensation for the performance of their duties other than in the amount established for each office by the Missouri [citizen's] citizens' commission on compensation for elected officials established pursuant to the provisions of this section. The term "compensation" includes the salary rate established by law, milage allowances, per diem expense allowances.

        2. There is created a commission to be known as the "Missouri [Citizen's] Citizens' Commission on Compensation for Elected Officials". The Commission shall be selected in the following manner:

        (1) One member of the commission shall be selected at random by the secretary of state from each congressional district from among those registered voters eligible to vote at the time of selection. The secretary of state shall establish policies and procedures for conducting the selection at random. In making the selections, the secretary of state shall establish a selection system to ensure that no more than five of the members shall be from the same political party. The policies shall include, but not be limited to, the method of notifying persons selected and for providing for a new selection if any person declines appointment to the commission;

        (2) One member shall be a retired judge appointed by the judges of the supreme court, en banc;

        (3) Twelve members shall be appointed by the governor, by and with the advice and consent of the senate. Not more than six of the appointees shall be members of the same political party. Of the persons appointed by the governor, one shall be a person who has had experience in the field of personnel management, one shall be a person who is representative of organized labor, one shall be a person representing small business in this state, one shall be the chief executive officer of a business doing an average gross annual business in excess of one million dollars, one shall be a person representing the health care industry, one shall be a person representing agriculture, two shall be persons over the age of sixty years, four shall be citizens of a county of the third classification, two of such citizens selected from a county of the third classification shall be selected from north of the Missouri River and two shall be selected from south of the Missouri River. No two persons selected to represent a county of the third classification shall be from the same county nor shall such persons be appointed from any county represented by an appointment to the commission by the secretary of state pursuant to subdivision (1) of this subsection.

        3. All members of the commission shall be residents and registered voters of the state of Missouri. Except as otherwise specifically provided in this section, no state official, no member of the general assembly, no active judge of any court, no employee of the state or any of its institutions, boards, commissions, agencies or other entities, no elected or appointed official or employee of any political subdivision of the state, and no lobbyist as defined by law shall serve as a member of the commission. No immediate family member of any person ineligible for service on the commission under the provisions of this subsection may serve on the commission. The phrase "immediate family" means the parents, spouse, siblings, children, or dependant relative of the person whether or not living in the same household.

        4. Members of the commission shall hold office for a term of four years.

No person may be appointed to the commission more than once. No member of the commission may be removed from office during the term for which appointed except for incapacity, incompetence, neglect of duty, malfeasance in office, or for a disqualifying change of residence. Any action for removal shall be brought by the attorney general at the request of the governor and shall be heard in the circuit court for the county in which the accused commission member resides.

        5. The first appointments to the commission shall be made not later than February 1, 1996, and not later than February first every four years thereafter. All appointments shall be filed with the secretary of state, who shall call the first meeting of the commission not later than March 1, 1996, and shall preside at the first meeting until the commission is organized. The members of the commission shall organize and elect a chairperson and such other officers as the commission finds necessary.

        6. Upon a vacancy on the commission, a successor shall be selected and appointed to fill the unexpired term in the same manner as the original appointment was made. The appointment to fill a vacancy shall be made within thirty days of the date the position becomes vacant.

        7. Members of the commission shall receive no compensation for their services but shall be reimbursed for their actual and necessary expenses incurred in the performance of their duties from appropriations made for that purpose.

        8. The commission shall, beginning in 1996, and every two years thereafter, review and study the relationship of compensation to the duties of all elected state officials, all members of the general assembly, and all judges, except municipal judges, and shall fix the compensation for each respective position. The commission shall file its initial schedule of compensation with the secretary of state and the revisor of statutes no later than the first day of December, 1996, and by the first day of December each two years thereafter. The schedule of compensation shall become effective unless disapproved by concurrent resolution adopted by a two-thirds majority vote the general assembly before February 1 of the year following the filing of the schedule. Each schedule shall be published by the secretary of state as a part of the session laws of the general assembly and may also be published as a separate publication at the discretion of the secretary of state. The schedule shall also be published by the revisor of statutes as a part of the revised statutes of Missouri. The schedule shall[, subject to appropriations,] apply and represent the compensation for each affected person beginning on the first day of July following the filing of the schedule. In addition to any compensation established by the schedule, the general assembly may provide by appropriation for periodic uniform general cost-of-living increases or decreases for all employees of the state of Missouri and such cost-of-living increases or decreases may also be extended to those persons affected by the compensation schedule fixed by the commission. No cost-of-living increase or decrease granted to any person affected by the schedule shall exceed the uniform general increase or decrease provided for all other state employees by the general assembly.

        9. Prior to the filing of any compensation schedule, the commission shall hold no less than four public hearings on such schedule, at different geographical locations within the state, within the four months immediately preceding the filing of the schedule. All meetings, actions, hearings, and business of the commission shall be open to the public, and all records of the commission shall be available for public inspection.

        10. Until the first day of July next after the filing of the first schedule by the commission, compensation of the persons affected by this section shall be that in effect on the effective date of this amendment.

        11. Schedules filed by the commission shall be subject to referendum upon petition of the voters of this state in the same manner and under the same conditions as a bill enacted by the general assembly.

        12. Beginning January 1, 2007, any public official subject to this provision who is convicted in any court of a felony which occurred while in office or who has been removed from office for misconduct or following impeachment shall be disqualified from receiving any pension from the state of Missouri.

        13. No compensation schedule filed by the commission after the effective date of this subsection shall take effect for members of the general assembly until January 1, 2009.

        Section B. Pursuant to Chapter 116, RSMo, and other applicable constitutional provisions and laws of this state allowing the General Assembly to adopt ballot language for the submission of a Joint Resolution for submission to the voters of this state, the official ballot title of the amendment proposed in Section A of this Joint Resolution shall be as follows:

        "Shall Article XIII, Section 3 of the Constitution be amended to require that legislators, statewide elected officials, and judges forfeit state pensions upon felony conviction, removal from office following impeachment or for misconduct, and to require that compensation for such persons be set by a citizens' commission subject to voter referendum?"

2006 Ballot Measure: Proposition B
Statutory Amendment to RSMo 290 – Raising Minimum Wage
THE PROPOSED AMENDMENT

Be it enacted by the people of the State of Missouri:

Chapter 290 of the Revised Statutes of Missouri, 2005, is amended to read as follows:

§ 290.500. Definitions

As used in sections 290.500 to 290.530, the following words and phrases mean:

(1) “Agriculture”, farming and all its branches including, but not limited to, the cultivation and tillage of the soil, dairying, the production, cultivation, growing and harvesting of any agricultural commodities, the raising of livestock, fish and other marine life, bees, fur-bearing animals or poultry and any practices performed by a farmer or on a farm as an incident to or in conjunction with farming operations, including preparation for market, delivery to storage or to market or to carriers for transportation to market;

(2) “Director”, the director of the department of labor and industrial relations or his authorized representative;

(3) “Employee”, [an] any individual employed by an employer, except that the term “employee” shall not include:

(a) Any individual employed in a bona fide executive, administrative, or professional capacity;

(b) Any individual engaged in the activities of an educational, charitable, religious, or nonprofit organization where the employer-employee relationship does not, in fact, exist or where the services rendered to the organization are on a voluntary basis;

(c) Any individual standing in loco parentis to foster children in their care;

[(d) Any individual who receives a minimum wage pursuant to the Fair Labor Standards Act of 1938, as amended, including individuals employed by an employer covered by 29 U.S.C. 203, or other applicable federal law;]

([e] d) Any individual employed for less than four months in any year in a resident or day camp for children or youth, or any individual employed by an educational conference center operated by an educational, charitable or not-for-profit organization;

([f] e) Any individual engaged in the activities of an educational organization where employment by the organization is in lieu of the requirement that the individual pay the cost of tuition, housing or other educational fees of the organization or where earnings of the individual employed by the organization are credited toward the payment of the cost of tuition, housing or other educational fees of the organization;

([g] f) Any individual employed on or about a private residence on an occasional basis for six hours or less on each occasion;

([h] g) Any handicapped person employed in a sheltered workshop, certified by the department of elementary and secondary education;

([i] h) Any person employed on a casual basis [in domestic service employment] to provide baby-sitting services[, any person employed in the domestic service of any family or person at his home, and any employee employed in domestic service employment to provide companionship services for individuals who because of age or infirmity are unable to care for themselves];

([j] i) Any individual employed by an employer subject to the provisions of [Part I of the Interstate Commerce Act] part A of subtitle IV of title 49, United States Code, 49 U.S.C. §§ 10101 et seq.;

([k] j) Any individual employed on a casual or intermittent basis as a golf caddy, newsboy, or in a similar occupation;

([l] k) Any individual whose earnings are derived in whole or in part from sales commissions and whose hours and places of employment are not substantially controlled by the employer;

([m] l) Any individual [subject to the minimum wage provisions of applicable federal law or any individual ]who is employed in any government position defined in 29 U.S.C. §§ 203( e)(2)[(c)(i)] (C)(i)-(ii);

([n] m) Any individual employed by a retail or service business whose annual gross volume sales made or business done is less than five hundred thousand dollars;

([o] n) Any individual who is an offender, as defined in section 217.010, RSMo, who is incarcerated in any correctional facility operated by the department of corrections, including offenders who provide labor or services on the grounds of such correctional facility pursuant to section 217.550, RSMo;

([p] o) Any individual described by the provisions of section 29 U.S.C. 213(a) (8);

(4) “Employer”, any [individual, partnership, association, corporation, business, business trust, or any ]person [or group of persons ]acting directly or indirectly in the interest of an employer in relation to an employee;

(5) “Learner and apprentice”, any individual under 20 years of age who has not completed the required training for a particular job. In no event shall the individual be deemed a learner or apprentice in the occupation after three months of training except where the director finds, after investigation, that for the particular occupation a minimum of proficiency cannot be acquired in three months. In no case shall a person be declared to be a learner or apprentice after six months of training for a particular employer or job. Employees of an amusement or recreation business that meets the criteria set out in 29 U.S.C. § 213(a) (3) may be deemed a learner or apprentice for ninety working days. No individual shall be deemed a learner or apprentice solely for the purpose of evading the provisions of sections 290.500 to 290.530;

(6) “Occupation”, any occupation, service, trade, business, industry, or branch or group of industries or employment or class of employment in which individuals are gainfully employed;

(7) “Wage”, compensation due to an employee by reason of his employment, payable in legal tender of the United States or checks on banks convertible into cash on demand at full face value[.] ;

(8) “Person”, any individual, partnership, association, corporation, business, business trust, legal representative, or any organized group of persons;

(9) “Man-day”, any day during which an employee performs any agricultural labor for not less than one hour.

§ 290.502. Minimum wage rate

  1. Except as may be otherwise provided pursuant to sections 290.500 to 290.530, effective January 1, 2007, every employer shall pay to each [of his employees ] employee wages at the rate of $ 6.50 per hour, or wages at the same rate or rates set under the provisions of federal law as the prevailing federal minimum wage applicable to those covered jobs in interstate commerce, whichever rate per hour is higher.

  2. The minimum wage shall be increased or decreased on January 1, 2008, and on January 1 of successive years, by the increase or decrease in the cost of living. On September 30, 2007, and on each September 30 of each successive year, the director shall measure the increase or decrease in the cost of living by the percentage increase or decrease as of the preceding July over the level as of July of the immediately preceding year of the Consumer Price Index for Urban Wage Earners and Clerical Workers (CPI-W) or successor index as published by the U.S. Department of Labor or its successor agency, with the amount of the minimum wage increase or decrease rounded to the nearest five cents.

§ 290.505. Overtime compensation, applicable number of hours, exceptions

  1. No employer shall employ any of his employees for a workweek longer than forty hours unless such employee receives compensation for his employment in excess of the hours above specified at a rate not less than one and one-half times the regular rate at which he is employed.

  2. Employees of an amusement or recreation business that meets the criteria set out in 29 U.S.C. § 213(a) (3) must be paid one and one-half times their regular compensation for any hours worked in excess of fifty-two hours in any one-week period.

  3. With the exception of employees described in subsection (2), the overtime requirements of subsection (1) shall not apply to employees who are exempt from federal minimum wage or overtime requirements pursuant to 29 U.S.C.§§ 213(a)-(b).

§ 290.507. Agriculture, law not applicable to small farmers

Sections 290.500 to 290.530 shall not apply to any employee or employer engaged in agriculture, as defined in section 290.500 (A) if such employee is employed by an employer who did not, during any calendar quarter during the preceding calendar year, use more than five hundred man-days of agriculture labor, (B) if such employee is the parent, spouse, child, or other member of his employer’s immediate family, (C) if such employee (i) is employed as a hand harvest laborer and is paid on a piece rate basis in an operation which has been, and is customarily and generally recognized as having been, paid on a piece rate basis in the region of employment, (ii) commutes daily from his permanent residence to the farm on which he is so employed, and (iii) has been employed in agriculture less than thirteen weeks during the preceding calendar year, (D) if such employee (other than an employee described in clause (C) of this subsection) (i) is sixteen years of age or under and is employed as a hand harvest laborer, is paid on a piece rate basis in an operation which has been, and is customarily and generally recognized as having been, paid on a piece rate basis in the region of employment, (ii) is employed on the same farm as his parent or person standing in the place of his parent, and (iii) is paid at the same piece rate as employees over age sixteen are paid on the same farm, or (E) if such employee is principally engaged in the range production of livestock.

§ 290.510. Director may investigate to prove compliance

The director 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.

§ 290.512. Gratuities, goods or services as part of wages, effect on minimum wage requirements

  1. No employer of any employee who receives and retains compensation in the form of gratuities in addition to wages is required to pay wages in excess of fifty percent of the minimum wage rate specified in sections 290.500 to 290.530, however, total compensation for such employee shall total at least the minimum wage specified in sections 290.500 to 290.530, the difference being made up by the employer.

  2. If an employee receives and retains compensation in the form of goods or services as an incident of his employment and if he is not required to exercise any discretion in order to receive the goods or services, the employer is required to pay only the difference between the fair market value of the goods and services and the minimum wage otherwise required to be paid by sections 290.500 to 290.530. The fair market value of the goods and services shall be computed on a weekly basis. The director shall provide by regulation a method of valuing the goods and services received by any employee in lieu of the wages otherwise required to be paid under the provisions of sections 290.500 to 290.530. He shall also provide by regulation a method of determining those types of goods and services that are an incident of employment the receipt of which does not require any discretion on the part of the employee.

§ 290.515. Physical or mental deficiency of employee, wage rate, determined by director, how

After a public hearing at which any person may be heard, the director shall provide by regulation for the employment in any occupation of individuals whose earning capacity is impaired by physical or mental deficiency at wages lower than the wage rate applicable under sections 290.500 to 290.530. The individuals shall be employed as the director finds appropriate to prevent curtailment of opportunities for employment, to avoid undue hardship, and to safeguard the wage rate applicable under sections 290.500 to 290.530, except that no individual who maintains a production level within the limits required of other employees shall be paid less than the wage rate applicable under sections 290.500 to 290.530. Employees affected or their guardians shall be given reasonable notice of this hearing.

§ 290.517. Learners and apprentices, wage rate, determined by director, how

After a public hearing of which individual employees affected must be given reasonable notice, the director shall provide by regulation for the employment in any occupation, at wages lower than the wage rate applicable under sections 290.500 to 290.530, of such learners and apprentices as he finds appropriate to prevent curtailment of opportunities for employment. Such wage rate for learners and apprentices shall be [the same rate or rates set under the provisions of federal law as the prevailing federal subminimum wage applicable to new workers] not less than 90 cents less than the minimum wage established by sections 290.500 to 290.530. At no time may this provision be used for the purpose of evading the spirit and meaning of sections 290.500 to 290.530.

§ 290.520. Employer to keep records–director may inspect, records to be confidential

Every employer subject to any provision of sections 290.500 to 290.530 or any regulation issued under sections 290.500 to 290.530 shall make and keep for a period of not less than three years on or about the premises wherein any employee is employed or at some other premises which is suitable to the employer, a record of the name, address and occupation of each of his employees, the rate of pay, the amount paid each pay period to each employee, the hours worked each day and each workweek by the employee and any goods or services provided by the employer to the employee as provided in section 290.512. The records shall be open for inspection by the director by appointment. Where the records required under this section are kept outside the state, the records shall be made available to the director upon demand. Every such employer shall furnish to the director on demand a sworn statement of time records and information upon forms prescribed or approved by the director. All the records and information obtained by the department of labor and industrial relations are confidential and shall be disclosed only on order of a court of competent jurisdiction.

§ 290.522. Summary of law and wage rate, employer to post, how

Every employer subject to any provision of sections 290.500 to 290.530 or of any regulations issued under sections 290.500 to 290.530 shall keep a summary of sections 290.500 to 290.530, approved by the director, and copies of any applicable wage regulations issued under sections 290.500 to 290.530, or a summary of the wage regulations posted in a conspicuous and accessible place in or about the premises wherein any person subject thereto is employed. Employers shall be furnished copies of the summaries and regulations by the state on request without charge.

§ 290.525. Violations–penalty

Any employer who hinders the director in the performance of his duties in the enforcement of sections 290.500 to 290.530 by any of the following acts is guilty of a class C misdemeanor:

(1) Refusing to admit the director to any place of employment;

(2) Failing to make, keep and preserve any records as required under the provisions of sections 290.500 to 290.530;

(3) Falsifying any record required under the provisions of sections 290.500 to 290.530;

(4) Refusing to make any record required under the provisions of sections 290.500 to 290.530 accessible to the director;

(5) Refusing to furnish a sworn statement of any record required under the provisions of sections 290.500 to 290.530 or any other information required for the proper enforcement of sections 290.500 to 290.530 to the director upon demand;

(6) Failing to post a summary of sections 290.500 to 290.530 or a copy of any applicable regulation as required;

(7) Discharging or in any other manner discriminating against any employee who has notified the director that he has not been paid wages in accordance with the provisions of sections 290.500 to 290.530, or who has caused to be instituted any proceeding under or related to sections 290.500 to 290.530, or who has testified or is about to testify in any such proceeding;

(8) Paying or agreeing to pay wages at a rate less than the rate applicable under sections 290.500 to 290.530. Payment at such rate for any week or portion of a week constitutes a separate offense as to each employee;

(9) Otherwise violating any provisions of sections 290.500 to 290.530.

Each day of violation constitutes a separate offense.

§ 290.527. Action for underpayment of wages, employee may bring–limitation

Any employer who pays any employee less wages than the wages to which the employee is entitled under or by virtue of sections 290.500 to 290.530 shall be liable to the employee affected for the full amount of the wage rate and an additional equal amount as liquidated damages, less any amount actually paid to the employee by the employer and for costs and such reasonable attorney fees as may be allowed by the court or jury. The employee may bring any legal action necessary to collect the claim. Any agreement between the employee and the employer to work for less than the wage rate shall be no defense to the action. All actions for* the collection of any deficiency in wages shall be commenced within two years of the accrual of the cause of action.

§ 290.528. Law not to supersede more favorable existing law

Any standards relating to minimum wages, maximum hours, overtime compensation or other working conditions in effect under any other law of this state on August 28, 1990, which are more favorable to employees than those applicable to employees under sections 290.500 to 290.530 or the regulations issued under sections 290.500 to 290.530, shall not be deemed to be amended, rescinded, or otherwise affected by sections 290.500 to 290.530 but shall continue in full force and effect and may be enforced as provided by law.

§ 290.530. Law not to interfere with collective bargaining rights

Nothing in sections 290.500 to 290.530 shall be deemed to interfere with, impede, or in any way diminish the right of employees to bargain collectively with their employers through representatives of their own choosing in order to establish wages or other conditions of work in excess of the applicable minimum under the provisions of sections 290.500 to 290.530.

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