Kansas City, Mo. (January 9, 2023) – This alert discusses the major developments in Missouri labor and employment law from the previous year, including minimum wage changes and a constitutional amendment regarding legalized marijuana. We also discuss a bill working its way through the Missouri legislature that would amend the state's Human Rights Act.
Minimum Wage Rate Changes
The minimum wage rate for private business in Missouri in 2022 was $11.15 per hour; this rate increased to $12.00 per hour on January 1, 2023. The minimum wages amount does not apply to retail and service businesses whose gross annual sales are less than $500,000. Missouri's minimum wage law also does not apply to public employers, nor does it allow the state's minimum wage rate to be lower than the federal minimum wage rate.
Amendment 3 Allowing Medical & Recreational Use of Marijuana
On November 8, 2022, Missouri voters passed Amendment 3 to the Missouri Constitution, which legalized recreational and medicinal marijuana in the state of Missouri. The amendment took effect on December 8, 2022.
The new amendment to the Missouri Constitution is broken into two sections. Section 1 discusses medical marijuana usage, and Section 2 discusses recreational marijuana usage for adults over 21 years of age. Both sections afford protections to employers as it relates to marijuana usage of employees while working.
According to Section 1 of the Missouri Constitution, nothing in the section permits a person to:
Bring a claim against any employer, former employer, or prospective employer for wrongful discharge, discrimination, or any similar cause of action or remedy, based on the employer, former employer, or prospective employer prohibiting the employee, former employee, or prospective employee from being under the influence of marijuana while at work or disciplining the employee or former employee, up to and including termination from employment, for working or attempting to work while under the influence of marijuana. Mo. Const. Art. XIV, § 1
Section 1 of the Missouri Constitution also states,
Unless a failure to do so would cause an employer to lose a monetary or licensing-related benefit under federal law, an employer may not discriminate against a person in hiring, termination or any term or condition of employment or otherwise penalize a person, if the discrimination is based upon either of the following:
- The person's status as a qualifying patient or primary caregiver who has a valid identification card, including the person's legal use of a lawful marijuana product off the employer's premises during nonworking hours, unless the person was under the influence of medical marijuana on the premises of the place of employment or during the hours of employment; or
- A positive drug test for marijuana components or metabolites of a person who has a valid qualifying patient identification card, unless the person used, possessed, or was under the influence of medical marijuana on the premises of the place of employment or during the hours of employment.
Nothing in this subdivision shall apply to an employee in a position in which legal use of a lawful marijuana product affects in any manner a person's ability to perform job-related employment responsibilities or the safety of others, or conflicts with a bona fide occupational qualification that is reasonably related to the person's employment.
According to Section 2 of the Missouri Constitution, "[t]his section is not intended to allow for the public use of marijuana, driving while under the influence of marijuana, the use of marijuana in the workplace, or the use of marijuana be persons under twenty-one years of age." Mo. Const. Art. XIV, § 2.
Section 2 of the Missouri Constitution also states:
This section does not require an employer to permit or accommodate conduct otherwise allowed by this section in any workplace or on the employer's property. This section does not prohibit an employer from disciplining an employee for working while under the influence of marijuana. This section does not prevent an employer from refusing to hire, discharging, disciplining, or otherwise taking an adverse employment action against a person with respect to hire, tenure, terms, conditions, or privileges of employment because that person was working while under the influence of marijuana. Mo. Const. Art. XIV, § 2
View the full text of this new amendment in the Missouri Constitution here, starting at pg. 155.
On the Horizon – Potential Changes to the Missouri Human Rights Act SB994
A bill is currently in the Missouri legislature that would create new provisions governing discriminatory practices relating to race. According to SB 994:
This act creates new provisions governing discriminatory practices as they relate to race. Specifically, no person shall be subjected to discrimination on the basis of race in any program or activity conducted by an educational institution that receives or benefits from state financial assistance or enrolls students who receive state student financial aid.
The act additionally defines the term "race" in the Missouri Human Rights Act to include traits historically associated with race including, but not limited to, hair texture and protective hairstyles. Protective hairstyles include braids, locks, twists, and afros.
The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.
