State Codes and Statutes

State Codes and Statutes

Statutes > Missouri > T18 > C290 > 290_500


290.500. As used in sections 290.500 to 290.530, the following words andphrases mean:

(1) “Agriculture”, farming and all its branches including, but notlimited to, the cultivation and tillage of the soil, dairying, the production,cultivation, growing and harvesting of any agricultural commodities, theraising of livestock, fish and other marine life, bees, fur-bearing animals orpoultry and any practices performed by a farmer or on a farm as an incident toor 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 industrialrelations or his authorized representative;

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

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

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

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

(d) Any individual employed for less than four months in any year in aresident or day camp for children or youth, or any individual employed by aneducational conference center operated by an educational, charitable ornot-for-profit organization;

(e) Any individual engaged in the activities of an educationalorganization where employment by the organization is in lieu of therequirement that the individual pay the cost of tuition, housing or othereducational fees of the organization or where earnings of the individualemployed by the organization are credited toward the payment of the cost oftuition, housing or other educational fees of the organization;

(f) Any individual employed on or about a private residence on anoccasional basis for six hours or less on each occasion;

(g) Any handicapped person employed in a sheltered workshop, certifiedby the department of elementary and secondary education;

(h) Any person employed on a casual basis to provide baby-sittingservices;

(i) Any individual employed by an employer subject to the provisions ofpart A of subtitle IV of title 49, United States Code, 49 U.S.C. §§ 10101 etseq.;

(j) Any individual employed on a casual or intermittent basis as a golfcaddy, newsboy, or in a similar occupation;

(k) Any individual whose earnings are derived in whole or in part fromsales commissions and whose hours and places of employment are notsubstantially controlled by the employer;

(l) Any individual who is employed in any government position defined in29 U.S.C. §§ 203(e)(2)(C)(i)-(ii);

(m) Any individual employed by a retail or service business whose annualgross volume sales made or business done is less than five hundred thousanddollars;

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

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

(4) “Employer”, any person acting directly or indirectly in the interestof an employer in relation to an employee;

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

(6) “Occupation”, any occupation, service, trade, business, industry, orbranch or group of industries or employment or class of employment in whichindividuals 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 convertibleinto cash on demand at full face value;

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

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

(L. 1990 H.B. 1881 § 1, A.L. 2006 Adopted by Initiative, Proposition B, November 7, 2006)