Important  

Missouri

Laws






 

 

 

 

 

 

 

 

 

Prepared by University of Missouri-Columbia School of Law with Alianzas and University of Missouri-Extension

 



 

in the United States laws protect individuals from abuses.  Laws also  ensure that each one of us acts in a safe and responsible manner. This booklet will hopefully help you to become familiar with some of Missouri’s basic laws. Our family members, friends, and neighbors all benefit when we respect and obey our laws. When we as individuals respect and follow our laws, we respect one another. When we obey the laws, it allows us to live together in peace and harmony with each other.

 

At the end of this section, there are several telephone numbers that you may call if you have any questions about our laws. If you do have questions, you should feel free to call. When you call to have a question answered, if you do not speak English, please tell the person you talk to that you will need an interpreter to assist. Although, if an interpreter is not available when you call, when one becomes available to help with the call, you will be called back so that your important question about the law can be answered.




 

A.    Motor Vehicles and Traffic

 

1.      You must have what is known as an "operator's license" or "driver's license" to legally drive a car in Missouri. You must be at least 16 years of age, provide appropriate documentation, and pass both a written and road test before you will receive a driver's license.

 

2.      You must get a Missouri driver license within 30 days of moving even if you have a driver’s license from another state.  You may obtain a license in any Department of Revenue Branch or Fee License Office, not just the one located closest to you.  Missouri will respect international drivers licenses.

 

3.      You must carry your driver license or permit when you drive. If any law enforcement officer asks to see your driver license or permit, you must show it to him or her.  It is against the law for you to let anyone else use your license or permit.  If you don’t have a license, simply state that is the case and do not say anything more except in relation to that offense.  If you are repeatedly arrested for driving without a license it may lead to a felony conviction, which is cause for deportation.

 

4.      You may lose your driver's license if you violate any of the traffic laws in the State of Missouri or the traffic laws in your community.  In addition, you may have to pay a fine or even go to jail. Those laws include, but are not limited to:

a)      Driving under the influence of alcohol or drugs.

b)      Refusing to let a police officer test you for alcohol or drugs.

c)       Leaving the scene of an accident.

d)      Failing to file an accident report.

e)      Giving false information when you apply for a driver license.

f)         Failing to settle a court judgment made against you for damages resulting from a motor vehicle accident.

g)      Failing to keep insurance (financial responsibility).

h)       Changing the information on your license or using someone else's license when you attempt to buy alcohol.

i)         Failing to appear for an exam when requested by the Drivers License Bureau.

j)         Using a motor vehicle to commit a crime or causing the death of someone in a motor vehicle accident.

k)       Letting someone else use your driver license.

l)         Failing to appear or pay traffic tickets in Missouri and other states.

 

A driver's license must be renewed either every 3 years or every 6 years depending on the license that you get. There is a fee to obtain a driver's license in Missouri. There are over 140 places in Missouri for you to take the driver exam. Call the Missouri State Highway Patrol, the Customer Assistance Bureau or a Department of Revenue Branch or Fee License Office in your area for further information.

 

5.      When you apply for your Missouri driver license, you must bring two documents for proof of identity (two primary documents or one primary and one secondary document) to show the Highway Patrol examiners when you take the written and/or driving tests.

 

Primary documents must contain the applicant's full legal name (including middle name if the applicant has one) and date of birth. Primary documents acceptable as proof of identity include the following:

 

a)     U.S. or Canadian photo driver license (including the U.S. and Canadian territories)

b)     U.S. or Canadian photo identification card/nondriver license (including the U.S. and Canadian territories)

c)      Microfilm copy or image portfolio of a driver license or identification card/nondriver license certified by the issuing agency with an embossed seal of the issuing agency. You may obtain a copy of your Missouri image portfolio ($3) or license negative ($2.50) at any branch or fee office. The offices will charge an additional $.50 fax fee for a license negative. If you request a license negative or image portfolio at a fee office, you must pay an additional $2 fee.

d)     Certificate of birth (U.S. or Canadian issued, including the U.S. and Canadian territories). Must be original or certified copy, have a seal and be issued by an authorized government agency such as the Bureau of Vital Statistics or State Board of Health. Hospital issued certificates and baptismal certificates are not acceptable.

e)     Immigration and Naturalization Services (INS) documents (must be a valid unexpired document) as follows:

-Certificate of Naturalization (N-550, N-570 or N-578)

-Certificate of Citizenship (N-560, N-561 or N-645)
-Northern Marianas Card
-American Indian Card
-U.S. Citizen Identification Card (I-179 or I-197)
-Resident Alien Card (I-551)
-Temporary Resident Identification Card (I-688)
-Record of Arrival and Departure in a Valid Foreign Passport (I-94)
-Valid Foreign Passport containing an I-551 stamp
-U.S. Re-entry Permit (I-327)
-Refugee Travel Document (I-571)
-Employment Authorization Card (I-688A, I-688B, I-766)
-Record of Arrival and Departure, stamped "Refugee" (I-94) (Refugee I-94's will likely not be in a foreign passport)

-Canadian Immigration Record and Visa or Record of Landing (IMM 100)

f)        Active Duty, Retiree or Reservist Military Identification Card

g)     Valid Passport, U.S. or Canadian (including the U.S. and Canadian territories). If foreign passport, appropriate INS document is also required.

h)      U.S. or Canadian issued learner's permit containing a photo (including the U.S. and Canadian territories)

i)        Canadian Department of Indian Affairs issued identification card. Tribal issued cards and U.S. issued Department of Indian Affairs cards are not acceptable.

 

Secondary documents must contain the applicant's name and sufficient substantiating information for all/part of the information contained on the primary document. Secondary documents acceptable as proof of identity includes the following:

 

a)     All primary documents listed above.

b)     Court order. The order must contain full name, date of birth and court seal. Examples include, but may not be limited to, adoption document, name change document and gender change document. It does not include abstract of criminal or civil conviction.

c)      INS documents listed previously which are expired one year or less

d)     Bureau of Indian Affairs Card/Indian Treaty Card. Tribal issued cards are not acceptable.

e)     Employer photo identification card

f)        Non-English language birth certificate

g)     Health insurance card

h)      IRS/state tax form. A W-2 is not acceptable.

i)        Marriage certificate/license

j)        Medical records from doctor/hospital

k)      Military dependent identification card

l)        Military discharge/separation papers

m)    Parent/guardian affidavit. Parent/guardian must appear in person, prove his or her identity and submit a notarized affidavit (form DOR-4861) regarding the child's identity. This affidavit only applies to minors.

n)      Gun permit

o)     Pilot's license

p)     School record/transcript that is certified with an embossed seal of the issuing school or Department of Education

q)     Social security card. A metal card and/or laminated card is not acceptable. (Note: A printout from the Social Security Administration verifying a social security number is not acceptable.)

r)       Student identification card that contains a photo

s)      Vehicle title. Vehicle registration is not acceptable.

t)        Photo public assistance card

u)      Prison release documents

 

Additional documentation may be required if the documentation submitted is questionable or if the license office clerk or Missouri State Highway Patrol examiner has reason to believe the person is not who he or she claims to be.

 

Note: A social security number is required for on your driver license application. A driver license clerk may ask for proof of your social security number.  Do not submit false social security information when applying for a drivers license.  However, if you feel that officials are treating you in a discriminatory manner in requesting documentation supporting your drivers license application, such as for example, only persons who “look Mexican” are asked for proof of their social security number, you should report these incidents to the Director of the Department of the Revenue, your local multicultural forum and ALIANZAS.  It is against the law to discriminate in this way.

 

In Jasper County it is the official policy of the local prosecutor to prosecute any incident whereby the applicant submits false identification or information in the drivers license application as a FELONY offense.  This is the only county in Missouri where the local prosecutor has taken such a legal position.  Persons convicted of a felony offense are subject to immediate deportation by INS, regardless of how long they have lived in the United States.

 

6.      In order to legally own a car in Missouri, you must possess proof of ownership, which in the United States is a “certificate of title” issued by state. This document proves that you own the car. This title must be endorsed to you (the form is located on the reverse of the certificate of title) by the previous owner at the time that you purchase the car.   If a seller of a motor vehicle does not have a certificate of title you should not buy the car. 

 

7.      If you live in Missouri, your car must have Missouri license plates. Visitors to Missouri do not have such an obligation.  To apply for license plates you have to prove ownership at driver’s license examiners office. An out-of-state car must be examined by police prior to being licensed. There is a fee to license your car. New plates are required each year. Missouri law requires that license plates be securely fastened to a vehicle and that all parts of the plates be visible and clear for view or inspection by any law enforcement entity.

 

 

8.      The state of Missouri requires all car owners to have liability insurance. When registering a car or renewing its plates you are required to show proof of insurance. You must keep some proof of insurance (usually a card issued by the insurance company) in your car. If a law enforcement officer asks for proof of insurance and you cannot show it, the officer will give you a ticket.

 

9.      All cars in the State of Missouri must be in good working condition in order for those cars to be legally operated on any roadway. If your car is visibly not in operating condition you will be stopped by traffic patrol.  Examples of what it means to have a care in good working condition are: good tires, working head lights, tail lights, brake lights, turn signals, exhaust systems as well as other features of the car. Seat belts must also be in good operating condition and must be used at all times in Missouri. At any point during a stop, the traffic patrol officer will ask you for a drivers’ license, proof of insurance, and where you reside.

 

10.    Make sure that everything on your car is working before you operate it, for your safety and the safety of others. Any questions having to do with car driver safety, operating motor vehicles or traffic laws can be directed to the State Highway Patrol or the local Driver's License Bureau.

 

11.    YOU DO NOT NEED TO CONSENT TO A SEARCH OF YOUR VEHICLE WHEN YOU ARE STOPPED for a traffic violation.  State that you do not consent to a search clearly.  The police cannot detain you beyond the time that it takes them to issue you a traffic ticket unless they have a reasonable suspicion that you are in violation of another crime.  At any point during a traffic stop if you do not understand what the traffic officer is saying, you should clearly state “I DO NOT UNDERSTAND” or “I DO NOT SPEAK ENGLISH.”  In most Missouri jurisdictions, local law enforcement is under a legal obligation to provide translation services to persons who have limited English proficiency.  Do not say anything more until a person arrives who is an official translator. 

 

 

B. Alcohol

 

1.      You must be at least 21 years of age to purchase, possess or consume alcohol in the State of Missouri. Anyone under the age of 21 may consume alcohol only in the presence of their parent or their legal guardian. There are fines for violation of this ordinance and you can also lose your driving privileges or even go to jail for violations.

 

2.      You must not have an open alcohol container in public or in a vehicle. You must not consume alcohol in any moving vehicle in Missouri.

 

3.      If you purchase for or give alcohol to anyone under 21 years who is not your child, that is illegal, it carries a large fine and may include jail time

 

4.      It also illegal to drive if your blood alcohol is above 0.08% if over age 21, which usually means two drinks, or 0.02% if under 21, usually less than one drink.

 

5.      If you are stopped and asked to take a blood alcohol test, you can refuse to take the test at that moment and elect to take it at the police station. At the station, if you request it, you will be allowed 20 minutes in which to contact an attorney for advice. If you refuse to take a breath, blood or urine test, or if the results of your test are above the prohibited level your license may be suspended or revoked. 

 

 

C. Tobacco and other Drugs

 

1.      State and local laws prohibit the use and possession of drugs designated as "illegal." Examples of these drugs would include marijuana, cocaine, amphetamines, LSD, and other types of street drugs that are not offered for resale.

 

2.      State and federal laws regulate tobacco and alcohol. Both tobacco and alcohol may both be illegal for individuals of certain ages to use in certain locations. As mentioned earlier, you must be at least 21 years of age to purchase and possess alcohol. You must be at least 18 years of age to purchase and possess any tobacco product in the State of Missouri. Violations of these cost you money.

 

3.      Prescriptions for medications must be received from a doctor and purchased at a pharmacy. You must not sell medicine that is prescribed for yourself to any other person. It is illegal for someone to have medicine prescribed for another person.

 

D. Firearms (Guns)

 

1.      You must be 18 years of age or older to purchase a firearm in the State of Missouri from any retailer. When firearms are purchased from a retailer, you must pass a background check and there is also a 48-hour waiting period. The firearm must be registered with the State of Missouri.

 

2.      You may purchase firearms from any other individual in Missouri, and it is not necessary that that firearm be registered.

 

3.      There is no minimum age at which you may own a firearm in the State of Missouri. For individuals who want to hunt in the State of Missouri, it is mandatory that an individual attend a hunter’s safety course if they were born on or after January 1, 1967. Information about available hunter's safety courses are available through your local law enforcement agencies.

 

4.      Anyone who has been convicted of a felony in Missouri or any other state that would be considered a felony in Missouri may not own, possess, use or have a gun in their residence. It is a crime punishable by prison and fines.

 

5.      It is necessary for individuals to possess to license to hunt and fish in the State of Missouri. Information regarding licensing can be obtained from the Missouri Department of Conservation. It is necessary to have certain licenses to hunt for specific types of game in the State of Missouri during various times of the year as well as to fish. There are also certain restrictions on the types of weapons used. Your local County Clerk's Office should be available to provide state and local information with respect to those restrictions as well as fees for certain types of licenses or you may contact the Missouri Department of Conservation directly at (573) 751-4115.

 

E.  Banking and Finances

 

1.      If you write a check and there is no money in the account and you fail to pay that check upon notice, you may be charged with the crime of “worthless checks” which may include fines and jail in addition to the original cost of the check.  This can be a felony offense that can lead to deportation by INS, even if you have lived legally in the United States for many years.

 

2.      It is a matter of private contract whether a bank requires its customers to provide a social security number to open a bank account.  If your local bank requires a social security number and you do not have one, shop around for a bank that requires other forms of identification, as for example, a utility bill or lease agreement in your name or employer ID card.

 

 

F.  Law Enforcement

 

1.      If stopped by any law enforcement officer, do not make any threatening moves and obey politely all orders. Keep your hands where the officer can observe them.  Always try to remember the officer's name and badge number.

 

2.      In order for the police to stop you, either on the street or in a car, they must have some suspicion that you are doing something illegal or involved in a crime.  You should not be stopped solely because you “look Mexican.”  If you are stopped, always ask, "Excuse me officer, have I done something illegal?" or "Why am I being stopped?"

 

3.      If the police stop you on the street, you always have the right to remain silent.  It is

not a crime to refuse to answer questions.  You do not have to talk to anyone even if you've been arrested.

 

4.      If you do not understand English, state clearly and repeat as many times as necessary, “I don’t understand English”/ “No hablo Ingles.” DO NOT ATTEMPT TO TALK TO THE OFFICER IF YOU DO NOT UNDERSTAND WHAT HE IS SAYING. DO NOT NOD YOUR HEAD “YES,” IF YOU DO NOT UNDERSTAND.

 

Most Missouri local law enforcement is subject to a requirement under federal law to provide translation services to persons who have limited English proficiency.  ALWAYS ASK FOR A TRANSLATOR AND REMAIN QUIET UNTIL LAW ENFORCEMENT RESPONDS TO YOUR REQUEST!   Only if you are arrested for a criminal violation, do you have a CLEAR and UNEQUIVOCAL right to an interpreter.   You always have the right to an attorney, who can provide you with translation services.  Always have with you the name and phone number of an attorney who will return your calls and someone who can interpret for you.

 

5.      You have the right to talk to a lawyer before you answer any questions.  EXERCISE THAT RIGHT!

 

6.      If you decide to speak with a law enforcement officer keep in mind anything you say to the police can be used against you and others.  If you give him false or untruthful information such as a different name, provide false identification, or alter the facts of what happened, you may be charged with the crime of obstructing an officer and you may be arrested. This is punishable by a fine and jail. 

 

7.      YOU CAN AT ANY POINT IN TIME DECIDE NOT TO ANSWER ANY MORE QUESTIONS AND ASK FOR A LAWYER.

 

8.      The police can pat down the outside of your clothing if they suspect you might be dangerous, but if they search more than this say, "I do not consent to a search." but do not try to stop the officer. 

 

9.      If the police stop you in your car show them your license, vehicle registration and proof of insurance.  You must have these on you at all times when driving.  Do not make any sudden moves. Ask permission from the police officer before you search your pockets or the glove compartment. If you do not have these documents, tell the officer immediately and wait to be ticketed. Do not say anything more except in relation to these offenses.

 

10.    You do not have to consent if the police ask to search your car, but if the police suspect you of breaking the law, your car can be searched without your consent.  Again, if you object, clearly say, "I do not consent to a search." but do not try to stop the officer.

 

11.    What if you are not a citizen?  The law requires that you carry many types of immigration papers with you at all times.  If you do not have these with you, you may be arrested.  Local police do not have the power to enforce federal immigration laws only INS is so empowered.  However, local police may inquire about your immigration status if is in relation to their investigation of a criminal offense.  It is important that you not provide false information with respect to the criminal offense that local law enforcement is investigating.  You should not volunteer information about your immigration status until you have consulted an attorney.

 

12.    Even if you are undocumented, always demand your rights. Do not sign any papers giving away your rights even if you are told that things will go easier for you until you have consulted an attorney or a knowledgeable person of your confidence. Always have with you the name and phone number of a lawyer who will answer your telephone calls/

 

13.    You do have the right to talk to a lawyer, whether you are documented or not.  However, you are responsible for hiring the attorney. Lists of local free organizations and their lawyers are also available at each INS local office.

 

14.    Do not attempt to give law enforcement officers money. To attempt to bribe a police officer is a felony and will aggravate your legal problems.

 

15.    If you are the victim of a crime, you should contact the police in your community. If you speak Spanish, tell them when you call that you need a translator to assist you in your making a complaint. 

 

 

G.  Obligations

 

1.      It is illegal and a crime for a parent or any one providing care to a minor child to withhold appropriate care for the child so as to endanger that child’s health or safety. It is illegal and a crime for a parent to knowingly allow a child to be abused or mistreated by another person. This includes allowing a child to have sexual contact with another person, adult or child. Appropriate care is food, clothing, shelter, hygiene and supervision.

 

2.      It is illegal and a crime for any person to intentionally offer anything of value to commit an act of sexual gratification, have non-marital sexual intercourse or have sexual contact.

 

3.      It is illegal and a crime to engage in violent, abusive, indecent, profane, boisterous, unreasonably loud or otherwise disorderly conduct when such conduct tends to cause or provoke a disturbance. Such conduct may include slapping, hitting, kicking, choking, pushing, threatening to injure, threatening to kill, damaging property which are all examples of conduct which may be criminal.

 

4.      A person commits the crime of peace disturbance if they unreasonably and knowingly disturb or alarm persons by a loud noise, offensive language a face-to-face, threats, fighting or creating an offensive odor.  If you hold social gatherings outside of your apartment in common areas, neighbors may call the police and complain that you are disturbing the peace.  The police may arrest you.  If this happens, quickly agree to cease any of the activity that may constitute a peace disturbance, and be polite to the police officer.

 

5.      If you are given a subpoena to appear in court as a witness to a case and you fail to appear, the court may order a warrant for your arrest and order the police to arrest you and bring you to court.

 

 

H.  Housing

 

1.     A written lease or rental agreement isn't legally required, unless you have a fixed term that is longer than one year.  It is always a good idea to have a written agreement, signed by both landlord and tenant, in order to prevent disputes about exactly what both parties agreed to.

 

2.     A written agreement should state both your responsibilities and those of your landlord. This includes who repairs broken appliances. Make sure any changes are in writing and signed by both of you.

 

3.     An oral agreement is only good for month-to-month. Either you or the landlord can end the agreement at any time with only one month's written notice.

 

4.     A landlord cannot ask for more than two months' rent for your security deposit. The landlord may keep part or all of that deposit to pay for damages to the property, any remaining amount must be returned to you within 30 days. The landlord MUST give you a list of the damages that are being deducted from your security deposit. If you feel that the landlord is wrongly charging you for damages and taking it from your deposit, you have the right to sue.

 

5.     It is illegal for a landlord to shut off utilities, unless it is for health or safety reasons.

 

6.     Not paying rent because of repairs that the landlord has not done will get you evicted.  Notify the landlord in writing of repairs that need to be done and insist that the landlord comply with obligations to provide safe and habitable housing under the lease agreement.

 

7.     If your home is unsafe, you should notify your landlord immediately and detail in writing the conditions that you believe are unsafe. If your landlord fails to respond, contact the local housing authorities or the local health authorities immediately. Your landlord cannot evict you for filing a complaint.

 

8.     Local zoning may prohibit two unrelated families from sharing an apartment. Also, Missouri law allows only two persons per bedroom, with the exception of children born during the lease period.

 

9.     A landlord cannot evict you without a court order. A landlord can begin court proceedings if you damage the property, violate any of the terms in the lease, refuse to pay rent, have any drug or criminal activity, refuse to move out when the lease is up, or injure the landlord or another renter. You will get the chance to speak in court before the landlord can evict you.

 

10. If you feel that your landlord is charging a higher rent, or refusing to rent to you, or falsely saying that the property is no longer available because of your race, color, religion, sex, disability, national origin or family relationship please contact local housing authorities, the Kansas City Housing and Urban Development Office, or the Missouri Attorney General. This is discrimination and it is illegal.

 

 

I. Education

 

1.     Whether you are documented or not, or your children are documented or not, they are entitled to the same education as other children. You do not have to provide social security or immigration identification when you enroll your children in public schools.

 

2.     If your children do not speak English, by law your local school must provide "equal educational opportunities to children and youth of limited English proficiency."   

 

31    In the United States parents are very involved with the schools that their children attend.  You should monitor what type of educational opportunities your school provides your children and you should insist that the education that your children get is EQUAL to that which children who speak English.  Parents who believe as you do that their children are not getting the right kind of education should organize and contact your local school's PTA (Parents Teachers Association) and the main office of your school district.  You may also ask to meet with your local school principal if you feel that your children’s teacher is not teaching your children what they need to know to meet their educational goals. Contact LULAC-NESC in Kansas City for information about how to make your local school more responsive to your children’s educational needs.

 

J.  Health

 

1.     If your job does not provide you with health care, Missouri has free clinics all over the state. Contact the Regional Health Office to find the clinic nearest to you.

 

2.     The law requires emergency rooms to provide you with medical care in “life threatening situations.” You must make clear to attending health care professionals why your health care need may result in loss of life.

 

3.     To get medical care, you do not need to provide identification or a social security number. This includes emergency rooms, free health clinics and doctors’ offices.

 

4.     Hospitals and doctors that accept MEDICARE must provide “meaningful access” to

Limited English Proficient persons. If you do not speak English well and need help explaining your medical symptoms, ask for an interpreter. If the doctor does not understand you or you do not understand her, it can lead misdiagnosis and wrong information on treatment.

 

 

J.  Domestic Conflict

 

1.      Domestic violence against a spouse, girlfriend or common law wife is illegal in Missouri.  You will likely be arrested if the police are called. Domestic violence includes: hitting, kicking, slapping, throwing things, threatening physical harm (with or without a weapon), coercing someone to do something or refrain from doing something by threats or use of force, harassing (causing emotional distress by lingering at your home, peering in windows, following you, etc.), forcing or attempting to force someone to engage in any sexual act, or holding someone against their will. Domestic violence also includes placing someone in fear of imminent serious bodily harm by threat of force. This includes threats of violence; or other conduct that would cause a reasonable person to suffer substantial emotional distress, like "I will hit you", "if you leave, I will hurt you," or "if you tell anyone, I will kill you," so long as the act actually causes substantial emotional distress.   Domestic violence also includes any kind of computer-assisted harassment

 

2.      If you are experiencing domestic violence, you can obtain an order issued by a court restraining your husband or boyfriend from coming in contact with you. You do not need a lawyer. Someone at your local courthouse can assist you.

 

2.     If your domestic abuser has legal immigration papers and you do not, you can still obtain a restraining order.  As the law currently stands, INS will not detain you if you do not have immigration papers and you file a legal complaint against an abuser.

 

1.      Children are also protected against violence, which does not include discipline administered in a reasonable manner. Child abuse is any physical injury, sexual abuse or emotional harm inflicted on a child other than by accidental means by an adult household member. The abused children need not be the children of the abuser in order to file a child abuse petition.

 

 

K. Employment

 

1.      The Fair Labor Standards Act (FLSA) and the Migrant and Seasonal Agricultural 

Worker Protection Act (MSPA) requires employers to pay covered employees a minimum wage and, in general, time and a half an employee's regular rate of pay for overtime hours. The MSPA requires employers and farm labor contractors to pay the wages owed to migrant or seasonal agricultural workers when the payments are due.

 

FLSA exempts agricultural workers from overtime premium pay, but requires the payment of the minimum wage to workers employed on larger farms (farms employing more than approximately seven full-time workers.) Employers must keep records on wages, hours and other information.

 

An employer may try to avoid the application of these laws by calling you an independent contractor.  If that happens and your so-called independent contract means that you are being paid below minimum wage for work done, consult an attorney immediately or try to find another job as soon as possible.  This employer is trying to avoid compliance with laws that protect workers.

 

It is illegal for employers to falsify or otherwise alter records of employee wages or hours, or to retaliate against employees for complaints filed with public agencies.

 

1.      An employer can require you to work more than 8 hours per day and more than 40 hours per week but the employer is required by law to pay overtime compensation for any work done beyond 40 hours in a 7 day time period. Keep your own record of overtime work, and ask the personnel office to reconcile any discrepancies.

 

1.      An employer can require you to work more than 8 hours per day and more than 40 hours per week but the employer is required by law to pay overtime compensation for any work beyond 40 hours in a 7 day time period.   Keep your own  record of overtime work.  Ask the personnel office to reconcile any discrepancies.  If your employer refuses to comply with the law, file a complaint with the Dept of Labor.

 

2.      Your employer can cut your hourly rate of pay, but Missouri law requires that your  employer give you 30 days advance written notice of a reduction in your wages and salary.

 

 

3.      Under Occupational Safety and Health Administration (OSHA) regulations, you have a legal right to ask your employer for equipment that will make your job safer.  You can respond to questions from an OSHA inspector and point out hazards to the inspector, including telling the inspector about past accidents or illnesses and informing the inspector if your employer has temporarily eliminated hazards during the inspection. You have a legal right to file complaints with OSHA and talk to OSHA inspectors. You do not have to give your name in the OSHA complaint.  It is illegal for your employer to retaliate against you for asking for a safe and healthy workplace or answering questions from OSHA.

 

 

4.      There is no law that requires or regulates whether an employer MUST provide a break  for lunch, smoking or coffee.  However, if you belong to a union, the union may be able to negotiate for breaks and other improvements in your working conditions with your employer

 

 

5.      If you have worked for at least one year, then you may be eligible for the Family and Medical Leave Act, which allows you time off if you are ill. The Family and Medical Leave Act requires employers of 50 or more employees to give up to 12 weeks of unpaid, job-protected leave to eligible employees for the birth or adoption of a child or for the serious illness of the employee or a spouse, child or parent.

 

6.      Sexual abuse, harassment or rape by your supervisor is against the law.  File a complaint with the EEOC, who will investigate.

 

7.      In the United States, an employer can fire you at any time for any reason as long as it is not because of discrimination because of your race, ethnicity or national origin.  The EEOC is in charge of ensuring that discrimination laws are not violated by employers.

 

L.  Phone Numbers of Interest

 

General

Emergency - Migrant Hotline - 1 (800) 234-8848

Missouri Attorney General: 1 (573) 751-3321

ALIANZAS, Kansas City: 1 (816) 235-5840

LULAC NESC, Kansas City: 1 (816) 561-0227

MALDEF, Chicago: 1(312) 782-1422

 

Legal

Legal Aid of Western Missouri - 1 (816) 474-6750

Legal Aid of Southern Missouri -1 (800) 444-4863

 

Missouri Commission on Human Rights:

Springfield - 417-895-5620

Jefferson City - 573-751-3325

Sikeston - 573-472-5320

 

American Civil Liberties Union (ACLU) - 1 (212) 549-2500

 

Employment

Equal Employment Opportunity Commission - 1 (800) 669-4000

 

Missouri Department of Labor and Industrial Relations - Division of Labor Standards -

1 (800) 475-2130

 

Housing

U.S. Department of Housing and Urban Development - Housing Discrimination hot line -

1 (800) 669-9777

 

Education

National Migrant Education Hotline - 1 (800) 234-8848

 

Healthcare - Health Office Districts

DHSS Central Office - Jefferson City  (573) 751-6001

Southwestern District Health Office - Springfield (417) 895-6900

Southeastern District Health Office - Poplar Bluff (573) 840-9720

Eastern District Health Office - St. Louis (314) 877-2800

Northwestern District Health Office - Independence (816) 350 5400

Northeastern District Health Office - Macon (660) 385-3125

 

Domestic Conflict

National Domestic Violence Hotline (800) 799-SAFE

Mid Missouri Crisis Line (888) 761-4357

Resource Center on Domestic Violence (800 527-3223

Family Violence Clinic at University of Missouri-Columbia School of Law

(800) 270-8511