Chapter 285 Employers and Employees Generally
285.237 - Certain job openings and training, priorities for veterans — annual report by state agencies — duties of certain state agencies.
1.Any federally funded employment and training program administered by any state agency, including, but not limited to, the Job Training Partnership Act, U.S.C. Title 29, Section 1501, shall include a veteran priority system to provide maximum employment and training opportunities to veterans and other eligible persons within each targeted group as established by federal law and state and federal policy in the service area.Disabled veterans, target-specific veterans groups, other veterans and other eligible persons shall receive preference over nonveterans within each targeted group in the provision of employment and training services available through these programs as required by this section.
2.Each state agency shall refer qualified applicants to job openings and training opportunities in programs described in subsection 1 of this section in the following order of priority:
(1)Special disabled veterans;
(3)All other veterans;
(4)Other eligible persons;
3.Each state agency providing employment and training services to veterans and other eligible persons under programs described in subsection 1 of this section shall submit an annual report to the speaker of the house of representatives, the president pro tem of the senate, and the chairman of the Missouri veterans commission, on the services that it provides to veterans and other eligible persons.Each such agency shall report separately on all entitlement programs and employment or training programs that it provides to each class of persons described in subdivisions (1) to (5) of subsection 2 of this section, with the addition of veterans as a separate reporting module.
4.All state agencies that administer federally funded employment and training programs described in subsection 1 of this section for veterans and other eligible persons shall do all of the following:
(1)Ensure that veterans are treated with courtesy and respect at all state governmental facilities;
(2)Give priority in referral to jobs to qualified veterans and other eligible persons;
(3)Give priority to and enrollment in training programs to qualified veterans and other eligible persons;
(4)Give preferential treatment to special disabled veterans in the provision of all needed state services;
(5)Provide information and effective referral assistance to veterans and other eligible persons regarding needed benefits and services that may be obtained through other agencies.
285.233 - Transient employers not filing financial assurance, escrow requirements — failure of political subdivision or private entity to escrow funds, penalties — transient employer not in compliance with law, writ of attachment or injunction authorized — inapplicability to certain out-of-state businesses and employees.
1.Any transient employer, as defined in this chapter, failing to conclusively show at any time that he has complied with the provisions of section 285.230, relating to the filing of a financial assurance instrument, shall, before beginning performance on any contract made with a political subdivision, deposit with that political subdivision an amount equal to twenty percent of labor costs as specified in such contract which will be held in escrow by the political subdivision and payable only to the department of revenue, the division of employment security or the division of workers' compensation after the actual amount of tax liability is determined.In the event that labor costs are not separately stated in the contract, the amount to be held in escrow shall be ten percent of the contract amount.Any amount remaining in the escrow fund after payments are made shall be refunded to the contractor.Failure of a political subdivision to properly escrow funds required under this section will make it ineligible to receive state funds for public works projects for a period of one year from the date the infraction is discovered.
2.Any transient employer failing to conclusively show at any time that he has complied with the provisions of section 285.230, relating to the filing of a financial assurance instrument, shall, before beginning performance on any contract made with a private entity deposit with that private entity an amount equal to twenty percent of labor costs as specified in such contract which will be held in escrow by the private entity and payable only to the department of revenue, the division of employment security or the division of workers' compensation after the actual amount of tax liability is determined.In the event that labor costs are not separately stated in the contract, the amount to be held in escrow shall be ten percent of the contract amount.Any amount remaining in the escrow fund after payments are made shall be refunded to the contractor.Failure of a private entity to properly escrow funds required under this section shall make such entity liable for the full amount of the state withholding, workers' compensation, and employment security tax liability resulting from the transient employers' contract with that private entity.
3.In addition to any other penalty, interest, or remedy imposed by this section, any transient employer that fails to post a financial assurance instrument or escrow funds as provided for in this section shall be subject to a writ of attachment as provided for in chapter 521 or any other injunctive relief provided for by law.
4.The provisions of this section shall not apply to out-of-state businesses or out-of-state employees operating under sections 190.270 to 190.285.
285.503 - Misclassification of workers by employers, failure to claim worker as employee — attorney general may investigate, powers.
1.An employer knowingly misclassifies a worker if that employer fails to claim the worker as an employee but knows that the worker is an employee.
2.The attorney general may investigate alleged or suspected violations of sections 285.500 to 285.515 and shall have all powers provided by sections 407.040 to 407.090 in connection with any investigation of an alleged or suspected violation of sections 285.500 to 285.515 as if the acts enumerated in sections 285.500 to 285.515 are unlawful acts proscribed by chapter 407.The attorney general may serve and enforce subpoenas related to the enforcement of sections 285.500 to 285.515.
285.543 - Database to be maintained.
The attorney general shall maintain a database that documents any business entity whose permit, license, or exemption has been suspended or state contract has been terminated.
285.512 - Attorney general may seek injunction, when.
Whenever the attorney general has reason to believe that an employer is engaging in any conduct that would be a violation of sections 285.500 to 285.515, the attorney general may seek an injunction prohibiting the employer from engaging in such conduct.The attorney general may bring an action for injunctive relief in the circuit court of any county where the alleged violation is occurring or about to occur.
285.506 - State to have burden of proof.
In any action brought under sections 285.500 to 285.515, the state shall have the burden of proving that the employer misclassified the worker.
285.302 - Failure of employer to submit certain information, penalty.
Any employer who intentionally fails to submit information on an employee required by section 285.300 or 285.304 is guilty of an infraction and shall be fined not more than twenty-five dollars for each time the employer fails to submit the information.If the failure is the result of a conspiracy between the employer and the employee to not supply the required report or to supply a false or incomplete report the fine shall be three hundred fifty dollars for each failure to report or each false or incomplete report.
285.306 - Failure to complete form, penalty.
Every employee shall complete the withholding form referred to in section 285.300.Any such employee who refuses to complete the withholding form shall be guilty of a class E felony.
285.232 - Construction contractors, who are transient employers, proof and financial assurance required — list of contractors to be published — inapplicability to certain out-of-state businesses.
1.Subject to the provisions of section 285.230, any county, city, town, village or any other political subdivision which requires a building permit for a person to perform certain construction projects shall require a transient employer to show proof that the employer has been issued a tax clearance and has filed a financial assurance instrument as required by section 285.230 before such entity issues a building permit to the transient employer.If any transient employer obtains a building permit without providing such proof, provides a fraudulently obtained tax clearance or a fraudulent financial assurance instrument or through any misrepresentation or any other fraudulent act or in any way violates the provisions of sections 285.230 to 285.234, the Missouri department of revenue shall request a temporary restraining order or seek injunctive relief to immediately prohibit further performance of work by the transient employer on such contract or project.The court may direct that any payments due such transient employer be equitably distributed in satisfaction of the transient employer's obligations pursuant to sections 285.230 to 285.234.Upon issuance of such order by a court of competent jurisdiction, the person for whom the work is being performed may engage another contractor as provided by law or any provision of contract and the person shall not be deemed to be in violation of the contract with such transient employer removed by the court.Nothing in this section shall be construed to create or constitute a liability to or a cause of action against a city or county in regard to the issuance of any license pursuant to this section.
2.Any contractor for private or public construction work in this state which contracts with or otherwise engages a subcontractor, which is deemed a transient employer as defined in section 285.230, to perform any portion of such work, shall require such subcontractor to show proof of having filed a financial assurance instrument with the director of revenue as required by section 285.230 and to show proof that the subcontractor holds a current valid certificate of insurance for workers' compensation coverage in this state, prior to the subcontractor performing any work on the project.If the subcontractor is self-insured for purposes of workers' compensation, the contractor shall require proof that such self-insurance by the subcontractor has been approved by the division of workers' compensation.The contractor shall not allow the subcontractor to perform on such contract until proof of compliance as required by this section has been provided to the contractor.If a subcontractor which is deemed to be a transient employer has previously submitted proof of compliance as required by this section to a state agency or political subdivision for which the contract is being performed as a condition of being qualified to perform work for such agency or political subdivision, the general contractor shall not be required to obtain the proofs required by this section.If at any time prior to final payment to a subcontractor for work performed on a project, a contractor is notified in writing by the director of revenue or the director of the division of workers' compensation that a subcontractor is in violation of sections 285.230 to 285.234, the contractor shall withhold all or part of any payment to the subcontractor under the contract for payment in satisfaction of the subcontractor's obligations as a transient employer if so directed by the director of revenue or the director of the division of workers' compensation.Any contractor withholding payment and paying such funds in satisfaction of the subcontractor's obligations as a transient employer if so directed by the director of revenue or the director of the division of workers' compensation.Any contractor withholding payment and paying such funds in satisfaction of the subcontractor's obligations as a transient employer shall be deemed in compliance with the contract with the subcontractor to the extent of the amount paid to fulfill such obligation and with the laws of this state regarding timely payment under construction contracts and shall not be subject to any civil or criminal penalty for withholding such payment.
3.Notwithstanding the provision of section 32.057, the Missouri department of revenue shall at least quarterly submit for publication in the Missouri Register a list of construction contractors performing work on construction projects in Missouri who are known by the department to be deemed transient employers pursuant to section 285.230.The department shall also update such list monthly and make such list available upon request without cost to any person.
4.The provisions of this section shall not apply to out-of-state businesses operating under sections 190.270 to 190.285.
285.575 - Citation of law — definitions — at-will employment doctrine codified — protected persons, prohibited discharge — action for damages, when, remedies.
1.This section shall be known and may be cited as the "Whistleblower's Protection Act".
2.As used in this section, the following terms shall mean:
(1)"Because" or "because of", as it relates to the adverse decision or action, the person's status as a protected person was the motivating factor;
(2)"Employer", an entity that has six or more employees for each working day in each of twenty or more calendar weeks in the current or preceding calendar year."Employer" shall not include the state of Missouri or its agencies, instrumentalities, or political subdivisions, including but not limited to any public institution of higher education, a corporation wholly owned by the state of Missouri, an individual employed by an employer, or corporations and associations owned or operated by religious or sectarian organizations;
(3)"Proper authorities", a governmental or law enforcement agency, an officer of an employee's employer, the employee's supervisor employed by the employer, or the employee's human resources representative employed by the employer;
(4)"Protected person", an employee of an employer who has reported to the proper authorities an unlawful act of his or her employer; an employee of an employer who reports to his or her employer serious misconduct of the employer that violates a clear mandate of public policy as articulated in a constitutional provision, statute, or regulation promulgated under statute; or an employee of an employer who has refused to carry out a directive issued by his or her employer that if completed would be a violation of the law.An employee of an employer is not a protected person if:
(a)The employee is a supervisory, managerial, or executive employee or an officer of his or her employer and the unlawful act or serious misconduct reported concerns matters upon which the employee is employed to report or provide professional opinion; or
(b)The proper authority or person to whom the employee makes his or her report is the person whom the employee claims to have committed the unlawful act or violation of a clear mandate of public policy;
(5)"The motivating factor", the employee's protected classification actually played a role in the adverse decision or action and had a determinative influence on the adverse decision or action.
3.This section is intended to codify the existing common law exceptions to the at-will employment doctrine and to limit their future expansion by the courts.This section, in addition to chapter 213 and chapter 287, shall provide the exclusive remedy for any and all claims of unlawful employment practices.
4.It shall be an unlawful employment practice for an employer to discharge an individual defined as a protected person in this section because of that person's status as a protected person.
5.A protected person aggrieved by a violation of this section shall have a private right of action for actual damages for violations of this section but not for punitive damages.However, if a private right of action for damages exists under another statutory or regulatory scheme, whether under state or federal law, no private right of action shall exist under this statute.
6.Any party to any action initiated under this section may demand a trial by jury.
7.A protected person aggrieved by a violation of this section shall have a private right of action that may be filed in a court of competent jurisdiction.The only remedies available in such an action shall be:
(2)Reimbursement of medical bills directly related to a violation of this section; and
(3)Additionally, if a protected person proves, by clear and convincing evidence, that the conduct of the employer was outrageous because of the employer's evil motive or reckless indifference to the rights of others, then, such person may receive double the amount awarded under subdivisions (1) and (2) of this subsection, as liquidated damages.In applying this subdivision, the provisions of section 510.263 shall be applied as though liquidated damages were punitive damages and as though the amounts referenced in subdivisions (1) and (2) of this subsection were compensatory damages.
8.The court, in addition to the damages set forth in subsection 7 of this section, may award the prevailing party court costs and reasonable attorney fees; except that a prevailing respondent may be awarded reasonable attorney fees only upon a showing that the case was without foundation.
285.720 - Fees.
1.Upon filing an initial registration statement under sections 285.700 to 285.750, a PEO shall pay an initial registration fee not to exceed five hundred dollars.
2.Upon each annual renewal of a registration statement filed under sections 285.700 to 285.750, a PEO shall pay a renewal fee not to exceed two hundred fifty dollars.
3.The secretary of state shall determine any fee to be charged for a group registration.
4.Each PEO seeking limited registration shall pay a fee in the amount not to exceed two hundred fifty dollars upon initial application for limited registration and upon each renewal of such limited registration.
285.020 - Penalty for violation of sections 285.010 to 285.020.
1.Any employer who willfully fails to submit a list of employees as provided in sections 285.010 to 285.020, within thirty days after receiving a written request, is guilty of a misdemeanor and, upon conviction, shall be punished by a fine of not more than one thousand dollars.
2.Any employee, agent, or agency head of the state of Missouri, any of its political subdivisions, municipal corporations or their instrumentalities who sells, gives away, or otherwise distributes or makes use of a list of employees contrary to the provisions of sections 285.010 to 285.020 is guilty of a misdemeanor and, upon conviction, shall be punished by a fine of not more than one thousand dollars or by confinement in the county jail for a period of not more than one year or by both such fine and confinement.
285.730 - Rights of client and PEO — employer agreements, contents — notice requirements — liability — PEO not engaged in sale of insurance — political subdivisions, taxes.
1.Except as specifically provided in sections 285.700 to 285.750 or in the professional employer agreement, in each coemployment relationship:
(1)The client shall be entitled to exercise all rights, and shall be obligated to perform all duties and responsibilities otherwise applicable to an employer in an employment relationship;
(2)The PEO shall be entitled to exercise only those rights and obligated to perform only those duties and responsibilities specifically required under sections 285.700 to 285.750 or set forth in the professional employer agreement.The rights, duties, and obligations of the PEO as coemployer with respect to any covered employee shall be limited to those arising pursuant to the professional employer agreement and sections 285.700 to 285.750 during the term of coemployment by the PEO of such covered employee; and
(3)Unless otherwise expressly agreed by the PEO and the client in a professional employer agreement, the client retains the exclusive right to direct and control the covered employees as is necessary to conduct the client's business, to discharge any of the client's fiduciary responsibilities, or to comply with any licensure requirements applicable to the client or to the covered employees.
2.Except as specifically provided under sections 285.700 to 285.750, the coemployment relationship between the client and the PEO and between each coemployer and each covered employee shall be governed by the professional employer agreement.Each professional employer agreement shall include the following:
(1)The allocation of rights, duties, and obligations as described in subsection 1 of this section;
(2)A requirement that the PEO shall have responsibility to:
(a)Pay wages to covered employees;
(b)Withhold, collect, report, and remit payroll-related and unemployment taxes; and
(c)To the extent the PEO has assumed responsibility in the professional employer agreement, to make payments for employee benefits for covered employees.
As used in this section, the term "wages" does not include any obligation between a client and a covered employee for payments beyond or in addition to the covered employee's salary, draw, or regular rate of pay, such as bonuses, commissions, severance pay, deferred compensation, profit sharing, vacation, sick, or other paid-time off pay, unless the PEO has expressly agreed to assume liability for such payments in the professional employer agreement; and
(3)A requirement that the PEO shall have a right to hire, discipline, and terminate a covered employee as may be necessary to fulfill the PEO's responsibilities under sections 285.700 to 285.750 and the professional employer agreement.The client shall have a right to hire, discipline, and terminate a covered employee.
3.With respect to each professional employer agreement entered into by a PEO, such PEO shall provide written notice to each covered employee affected by such agreement of the general nature of the coemployment relationship between and among the PEO, the client, and such covered employee.
4.Except to the extent otherwise expressly provided by the applicable professional employer agreement:
(1)A client shall be solely responsible for the quality, adequacy, or safety of the goods or services produced or sold in the client's business;
(2)A client shall be solely responsible for directing, supervising, training, and controlling the work of the covered employees with respect to the business activities of the client and solely responsible for the acts, errors, or omissions of the covered employees with regard to such activities;
(3)A client shall not be liable for the acts, errors, or omissions of a PEO or of any covered employee of the client and a PEO if such covered employee is acting under the express direction and control of the PEO;
(4)A PEO shall not be liable for the acts, errors, or omissions of a client or of any covered employee of the client if such covered employee is acting under the express direction and control of the client;
(5)Nothing in this subsection shall serve to limit any contractual liability or obligation specifically provided in the written professional employer agreement; and
(6)A covered employee is not, solely as the result of being a covered employee of a PEO, an employee of the PEO for purposes of general liability insurance, fidelity bonds, surety bonds, employer's liability that is not covered by workers' compensation, or liquor liability insurance carried by the PEO unless the covered employees are included by specific reference in the professional employer agreement and applicable prearranged employment contract, insurance contract, or bond.
5.A PEO under sections 285.700 to 285.750 is not engaged in the sale of insurance or in acting as a third-party administrator by offering, marketing, selling, administering, or providing professional employer services that include services and employee benefit plans for covered employees.The provisions of this section shall not supersede or preempt any requirements under section 375.014.
6.For purposes of this state or any county, municipality, or other political subdivision thereof:
(1)Any tax or assessment imposed upon professional employer services or any business license or other fee that is based upon gross receipts shall allow a deduction from the gross income or receipts of the business derived from performing professional employer services that is equal to that portion of the fee charged to a client that represents the actual cost of wages and salaries, benefits, payroll taxes, withholding, or other assessments paid to or on behalf of a covered employee by the professional employer organization under a professional employer agreement;
(2)Any tax assessed or assessment or mandated expenditure on a per-capita or per-employee basis shall be assessed against the client for covered employees and against the professional employer organization for its employees who are not covered employees coemployed with a client.Benefits or monetary consideration that meet the requirements of mandates imposed on a client and that are received by covered employees through the PEO either through payroll or through benefit plans sponsored by the PEO shall be credited against the client's obligation to fulfill such mandates; and
(3)In the case of a tax or an assessment imposed or calculated upon the basis of total payroll, the professional employer organization shall be eligible to apply any small business allowance or exemption available to the client for the covered employees for purposes of computing the tax.
285.234 - Transient employer to post notice of registration for income tax withholding, workers' compensation and unemployment insurance, violation, penalty — inapplicability to certain out-of-state businesses.
1.Every transient employer, as defined in section 285.230 shall post in a prominent and easily accessible place at the work site a clearly legible copy of the following:
(1)The notice of registration for employer withholding issued to such transient employer by the director of revenue;
(2)Proof of coverage for workers' compensation insurance or self-insurance signed by the transient employer and verified by the department of revenue through the records of the division of workers' compensation; and
(3)The notice of registration for unemployment insurance issued to such transient employer by the division of employment security.
2.Any transient employer failing to comply with the provisions of this section shall be liable for a penalty of five hundred dollars per day until the notices required by this section are posted as provided by this section.
3.The provisions of this section shall not apply to out-of-state businesses operating under sections 190.270 to 190.285.
285.530 - Employment of unauthorized aliens prohibited — federal work authorization program, requirements for participation in — liability of contractors and subcontractors.
1.No business entity or employer shall knowingly employ, hire for employment, or continue to employ an unauthorized alien to perform work within the state of Missouri.
2.As a condition for the award of any contract or grant in excess of five thousand dollars by the state or by any political subdivision of the state to a business entity, or for any business entity receiving a state-administered or subsidized tax credit, tax abatement, or loan from the state, the business entity shall, by sworn affidavit and provision of documentation, affirm its enrollment and participation in a federal work authorization program with respect to the employees working in connection with the contracted services.Every such business entity shall also sign an affidavit affirming that it does not knowingly employ any person who is an unauthorized alien in connection with the contracted services.Any entity contracting with the state or any political subdivision of the state shall only be required to provide the affidavits required in this subsection to the state and any political subdivision of the state with which it contracts, on an annual basis.During or immediately after an emergency, the requirements of this subsection that a business entity enroll and participate in a federal work authorization program shall be suspended for fifteen working days.As used in this subsection, "emergency" includes the following natural and manmade disasters:major snow and ice storms, floods, tornadoes, severe weather, earthquakes, hazardous material incidents, nuclear power plant accidents, other radiological hazards, and major mechanical failures of a public utility facility.
3.All public employers shall enroll and actively participate in a federal work authorization program.
4.An employer may enroll and participate in a federal work authorization program and shall verify the employment eligibility of every employee in the employer's hire whose employment commences after the employer enrolls in a federal work authorization program.The employer shall retain a copy of the dated verification report received from the federal government.Any business entity that participates in such program shall have an affirmative defense that such business entity has not violated subsection 1 of this section.
5.A general contractor or subcontractor of any tier shall not be liable under sections 285.525 to 285.550 when such general contractor or subcontractor contracts with its direct subcontractor who violates subsection 1 of this section, if the contract binding the contractor and subcontractor affirmatively states that the direct subcontractor is not knowingly in violation of subsection 1 of this section and shall not henceforth be in such violation and the contractor or subcontractor receives a sworn affidavit under the penalty of perjury attesting to the fact that the direct subcontractor's employees are lawfully present in the United States.
285.230 - Transient employers, defined, bonding requirements — exceptions — specific requirements — penalties — records to be kept, how — discontinuance in activity, notice to director of revenue — inapplicability to certain out-of-state businesses.
1.As used in this section, "transient employer" means an employer as defined in sections 143.191, 287.030, and 288.032 making payment of wages taxable under chapters 143, 287, and 288 who is not domiciled in this state and who temporarily transacts any business within the state, but shall not include any employer who is not subject to Missouri income tax because of the provisions of 15 U.S.C. Section 381.The transaction of business shall be considered temporary at any time it cannot be reasonably expected to continue for a period of twenty-four consecutive months.Professional athletic teams and professional entertainers domiciled in a state other than Missouri shall be deemed a "transient employer" for the purposes of this section, unless the person or entity who pays compensation to the nonresident entertainer has fully complied with the provisions of section 143.183 in which case the nonresident entertainer shall not be considered a transient employer.
2.Employers meeting the following criteria shall not be required to file a financial assurance instrument as required by this section:
(1)The principal place of business of the employer must be in a county of another state which is contiguous to the state of Missouri; and
(2)The employer must have been under contract to perform work in Missouri for at least sixty days cumulatively out of twelve months during each of the two calendar years immediately preceding the employer's initial application for exemption from the provisions of this section; and
(3)The employer must have in his possession a tax clearance from the department of revenue and the division of employment security stating that the employer has faithfully complied with the tax laws of this state during the period set out in subdivision (2) of this subsection.
Within ninety days of August 13, 1988, such employers must obtain initial tax clearances in accordance with subdivision (3) of this subsection.Any tax clearance issued under the provisions of this section by the division of employment security shall be submitted to the department of revenue.On or before January thirty-first of each year, except January thirty-first following the year during which the employer first meets these criteria, the employer shall submit application to the department of revenue and division of employment security for a renewed tax clearance.Failure to submit such renewal applications or failure to comply with applicable Missouri taxing and employment security laws during the period between annual renewal dates or removal of the employer's principal place of business from a county in another state which is contiguous to Missouri to a state other than Missouri shall immediately subject the employer to all provisions of this section.An employer meeting the requirements of this subsection shall still be subject to the provisions of subsection 5 of this section.
3.Every transient employer shall file with the director of revenue a financial assurance instrument including, but not limited to, a cash bond, a surety bond, or an irrevocable letter of credit as defined in section 400.5-103 issued by any state or federal financial institution.The financial assurance instrument shall be in an amount not less than the average estimated quarterly withholding tax liability of the applicant, but in no case less than five thousand dollars nor more than twenty-five thousand dollars.Any corporate surety shall be licensed to do such business in this state and approved by the director of revenue to act as a surety.The transient employer shall be the principal obligor and the state of Missouri shall be the obligee.The financial assurance instrument shall be conditioned upon the prompt filing of true reports and the payment by such employer to the director of revenue of any and all withholding taxes which are now or which hereafter may be levied or imposed by the state of Missouri, upon the employer, together with any and all penalties and interest thereon, and generally upon the faithful compliance with the provisions of chapters 143, 287, and 288.
4.Any transient employer who is already otherwise required to file a financial assurance instrument as a condition of any contract, provided said financial assurance instrument guarantees payment of all applicable state taxes and all withholding taxes levied or imposed by the state and provided that such financial assurance instrument is delivered by certified mail to the department of revenue by the applicable awarding entity at least fourteen days before the execution of the contract for the performance of work, may use the same financial assurance instrument to comply with the provisions of this section.Before such financial assurance instrument is approved by the awarding entity, the director of revenue shall be satisfied that such financial assurance instrument is sufficient to cover all taxes imposed by this state and the director shall so notify the awarding entity of the decision within the fourteen days prior to the execution of the contract.Failure to do so by the director shall waive any right to disapprove such financial assurance instrument.Before a financial assurance instrument is released by the entity awarding the contract, a tax clearance shall be obtained from the director of revenue that such transient employer has faithfully complied with all the tax laws of this state.
5.Every transient employer shall certify to the director of revenue that such employer has sufficient workers' compensation insurance either through a self-insurance program or a policy of workers' compensation insurance issued by an approved workers' compensation carrier.The self-insurance program shall be approved by the division of workers' compensation pursuant to section 287.280.The insurance policy shall be in a contract form approved by the department of insurance, financial institutions and professional registration.
6.In the event that liability upon the financial assurance instrument thus filed by the transient employer shall be discharged or reduced, whether by judgment rendered, payment made or otherwise, or if in the opinion of the director of revenue any surety on a bond theretofore given or financial institution shall have become unsatisfactory or unacceptable, then the director of revenue may require the employer to file a new financial assurance instrument in the same form and amount.If such new financial assurance instrument shall be furnished by such employer as above provided, the director of revenue shall upon satisfaction of any liability that has accrued, release the surety on the old bond or financial institution issuing the irrevocable letter of credit.
7.Any surety on any bond or financial institution issuing an irrevocable letter of credit furnished by any transient employer as provided in this section shall be released and discharged from any and all liability to the state of Missouri accruing on such bond or irrevocable letter of credit after the expiration of sixty days from the date upon which such surety or financial institution shall have lodged with the director of revenue a written request to be released and discharged; but the request shall not operate to relieve, release or discharge such surety or financial institution from any liability already accrued or which shall accrue during and before the expiration of said sixty-day period.The director of revenue shall promptly on receipt of notice of such request notify the employer who furnished such bond or irrevocable letter of credit and such employer shall on or before the expiration of such sixty-day period file with the director of revenue a new financial assurance instrument satisfactory to the director of revenue in the amount and form provided in this section.
8.Notwithstanding the limitation as to the amount of any financial assurance instrument fixed by this section, if a transient employer becomes delinquent in the payment of any tax or tenders a check in payment of tax which check is returned unpaid because of insufficient funds, the director may demand an additional instrument of such employer in an amount necessary, in the judgment of the director, to protect the revenue of the state.The penal sum of the additional instrument and the instrument furnished under the provisions of the law requiring such instrument may not exceed two quarters' estimated tax liability.
9.For any period when a transient employer fails to meet the requirements of this section, there shall be added to any deficiency assessed against a transient employer, in addition to any other addition, interest, and penalties, an amount equal to twenty-five percent of the deficiency.
10.A taxpayer commits the crime of failure to file a financial assurance instrument if he knowingly fails to comply with the provisions of this section.
11.Failure to file a financial assurance instrument is a class A misdemeanor.Pursuant to section 560.021*, a corporation found guilty of failing to file a financial assurance instrument may be fined up to five thousand dollars or any higher amount not exceeding twice the amount the employer profited from the commission of the offense.
12.Failing to register with the department of revenue and execute the financial assurance instrument herein provided, prior to beginning the performance of any contract, shall prohibit the employer from performing on such contract until he complies with such requirements.
13.Each employer shall keep full and accurate records clearly indicating the names, occupations, and crafts, if applicable, of every person employed by him together with an accurate record of the number of hours worked by each employee and the actual wages paid.The payroll records required to be so kept shall be open to inspection by any authorized representative of the department of revenue at any reasonable time and as often as may be necessary and such records shall not be destroyed or removed from the state for a period of one year following the completion of the contract in connection with which the records are made.
14.The entering into of any contract for the performance of work in the state of Missouri by any such employer shall be deemed to constitute an appointment of the secretary of state as registered agent of such employer for purposes of accepting service of any process, or of any notice or demand required or permitted by law.The service of any such process, notice or demand, when served on the secretary of state shall have the same legal force and validity as if served upon the employer personally within the state.
15.In addition, any employer who fails to file a financial assurance instrument as required by this section shall be prohibited from contracting for or performing labor on any public works project in this state for a period of one year.
16.Whenever a transient employer ceases to engage in activity within the state it shall be the duty of such transient employer to notify the director of revenue in writing at least ten days prior to the time the discontinuance takes effect.
17.The provisions of this section shall not apply to out-of-state businesses operating under sections 190.270 to 190.285.
285.710 - Collective bargaining agreements, existing contracts, licensing requirements not impacted by act — government benefits, employees are employees of client only.
1.Nothing contained in sections 285.700 to 285.750 or in any professional employer agreement shall affect, modify, or amend any collective bargaining agreement or the rights or obligations of any client, PEO, or covered employee under the federal National Labor Relations Act, the federal Railway Labor Act, or sections 105.500 to 105.530.
2.Nothing in sections 285.700 to 285.750 or in any professional employer agreement shall:
(1)Diminish, abolish, or remove rights of covered employees to a client or obligations of such client to a covered employee existing prior to the effective date of a professional employer agreement;
(2)Affect, modify, or amend any contractual relationship or restrictive covenant between a covered employee and any client in effect at the time a professional employer agreement becomes effective.A professional employer agreement shall also not prohibit or amend any contractual relationship or restrictive covenant that is entered into subsequently between a client or a covered employee.A PEO shall have no responsibility or liability in connection with, or arising out of, any such existing or new contractual relationship or restrictive covenant unless the PEO has specifically agreed otherwise in writing; or
(3)Create any new or additional enforceable right of a covered employee against a PEO that is not specifically provided by the professional employer agreement or sections 285.700 to 285.750.
3.Nothing contained in sections 285.700 to 285.750 or any professional employer agreement shall affect, modify, or amend any state, local, or federal licensing, registration, or certification requirement applicable to any client or covered employee.
4.A covered employee who shall be licensed, registered, or certified according to law or regulation is deemed solely an employee of the client for purposes of any such license, registration, or certification requirement.
5.A PEO shall not be deemed to engage in any occupation, trade, profession, or other activity that is subject to licensing, registration, or certification requirements, or is otherwise regulated by a governmental entity solely by entering into and maintaining a coemployment relationship with a covered employee who is subject to such requirements or regulation.
6.A client shall have the sole right of direction and control of the professional or licensed activities of covered employees and of the client's business.Such covered employees and clients shall remain subject to regulation by the regulatory or governmental entity responsible for licensing, registration, or certification of such covered employees or clients.
7.For purposes of the determination of tax credits, economic incentives, or other benefits provided by this state or any other government entity and based on employment, covered employees shall be deemed employees solely of the client.A client shall be entitled to the benefit of any tax credit, economic incentive, or other benefit arising as the result of the employment of covered employees of such client.Notwithstanding that the PEO is the W-2 reporting employer, the client shall continue to qualify for such benefit, incentive, or credit.If the grant or amount of any such benefit, incentive, or credit is based on the number of employees, then each client shall be treated as employing only those covered employees coemployed by the client.Covered employees working for other clients of the PEO shall not be counted.Each PEO shall provide, upon request by a client or an agency or department of this state, employment information reasonably required by any agency or department of this state responsible for administration of any such tax credit, economic incentive, or other benefit that is necessary to support any request, claim, application, or other action by a client seeking any such tax credit, economic incentive, or other benefit.
8.With respect to a bid, contract, purchase order, or agreement entered into with the state or a political subdivision of the state, a client company's status or certification as a minority business enterprise or a women's business enterprise, as those terms are defined in section 37.020, shall not be affected because the client company has entered into an agreement with a PEO or uses the services of a PEO.
285.110 - Penalty for violation of sections 285.100 to 285.110.
Any employer found guilty of a violation of sections 285.100 to 285.110 shall be punished by a fine of not less than fifty dollars, nor more than one thousand dollars for each offense.
285.010 - List to be furnished municipalities levying an earnings tax — request, how made — contents of list — exception.
All employers within the state shall, upon request as hereinafter provided, submit to any municipal corporation levying an earnings tax a complete listing of all their employees who reside within the territorial limits or boundaries of the requesting authority and their current addresses according to the records of the employer.Any request made under provision of the law shall be made in writing and shall be mailed to the principal office of the employer.If the employer is a corporation, the written request shall be made to the registered agent of the corporation at its registered office.All written requests provided for in this section shall be by registered or certified mail.Such request may not be made more than once each year.Provided, however, sections 285.010 to 285.020 shall not apply to employers who deduct from the earnings of their employees the amount of any municipal earnings levied upon the income of the particular employee, and pay same to the municipality levying said tax.
285.308 - False statement, penalty.
Any employee who states on the withholding form that he or she does not owe child support when such employee knowingly owes child support pursuant to a valid court order or administrative order is guilty of a class E felony.
285.555 - Discontinuance of federal work authorization program, effect of.
Should the federal government discontinue or fail to authorize or implement any federal work authorization program, then subsections 2 and 3 of section 285.530 and paragraph (b) of subdivision (1) of subsection 6 of section 285.535 and paragraph (b) of subdivision (2) of subsection 6 of section 285.535 shall not apply after the date of discontinuance or failure to authorize or implement, and the general assembly shall review sections 285.525 to 285.555 for the purpose of determining whether the sections are no longer applicable and should be repealed.
285.500 - Definitions.
For the purposes of sections 285.500 to 285.515 the following terms mean:
(1)"Employee", any individual who performs services for an employer that would indicate an employer-employee relationship in satisfaction of the factors in IRS Rev. Rule 87-41, 1987-1 C.B.296.;
(2)"Employer", any individual, organization, partnership, political subdivision, corporation, or other legal entity which has or had in the entity's employ five or more individuals performing public works as defined in section 290.210;
(3)"Knowingly", a person acts knowingly or with knowledge:
(a)With respect to the person's conduct or to attendant circumstances when the person is aware of the nature of the person's conduct or that those circumstances exist; or
(b)With respect to a result of the person's conduct when the person is aware that the person's conduct is practically certain to cause that result.
285.700 - Citation of law — secretary of state to enforce.
285.304 - Content of withholding forms.
The content of the withholding form shall be determined by the director of the department of revenue, in consultation with the department of social services, but, at a minimum, the form shall include the name, address and Social Security number of the employee, the date services for remuneration were first performed by the employee, and the name and address of, and identifying number assigned to the employer under Section 6109 of the Internal Revenue Code of 1986, as amended.If the employer chooses to submit a form other than the federal W-4 withholding form, the form shall also include the date the employee signed the W-4 form or the date the employer hired the employee as defined in section 285.300.
285.300 - Withholding form, completion required — forwarding to state agencies — state directory of new hires, cross-check of unemployment compensation recipients — compliance by employers with employees in two or more states.
1.Every employer doing business in the state shall require each newly hired employee to fill out a federal W-4 withholding form.A copy of each withholding form or an equivalent form containing data required by section 285.304 which may be provided in an electronic or magnetic format shall be sent to the department of revenue by the employer within twenty days after the date the employer hires the employee or in the case of an employer transmitting a report magnetically or electronically, by two monthly transmissions, if necessary, not less than twelve days nor more than sixteen days apart.For purposes of this section, the date the employer hires the employee shall be the earlier of the date the employee signs the W-4 form or its equivalent, or the first date the employee reports to work, or performs labor or services.Such forms shall be forwarded by the department of revenue to the family support division on a weekly basis and the information shall be entered into the database, to be known as the "State Directory of New Hires".The information reported shall be provided to the National Directory of New Hires established in 42 U.S.C. Section 653, other state agencies or contractors of the division as required or allowed by federal statutes or regulations.The division of employment security shall cross-check Missouri unemployment compensation recipients against any federal new hire database or any other database containing Missouri or other states' wage information which is maintained by the federal government on a weekly basis.The division of employment security shall cross-check unemployment compensation applicants and recipients with Social Security Administration data maintained by the federal government at least weekly.Effective January 1, 2007, the division of employment security shall cross-check at least monthly unemployment compensation applicants and recipients with department of revenue drivers license databases.
2.Any employer that has employees who are employed in two or more states and transmits reports magnetically or electronically may comply with subsection 1 of this section by:
(1)Designating one of the states in which the employer has employees as the designated state that such employer shall transmit the reports; and
(2)Notifying the secretary of Health and Human Services of such designation.
285.200 - Ride-sharing arrangement, defined — liability for injury to participants — special taxes prohibited — travel time as work hours — use of government vehicles — registration of vehicle — license plates.
1.The term "ride-sharing arrangement" means an arrangement whereby a fixed group is transported in a vanpool between their places of abode or a terminal near such places, and their places of employment in a single daily round trip when the driver is also on the way to or from his place of employment.
2.Chapter 287 providing compensation for workers injured during the course of their employment shall not apply to a person injured while participating in a ride-sharing arrangement between his place of residence and place of employment or terminal near such places unless the employer owns, leases or contracts for the motor vehicle used in such arrangement.
3.An employer shall not be liable for injuries to passengers and other persons resulting from the operation or use of a motor vehicle, not owned, leased or contracted for by the employer, in a ride-sharing arrangement.
4.An employer shall not be liable for injuries to passengers and other persons because he provides information, incentives or otherwise encourages his employees to participate in ride-sharing arrangements.
5.No county or municipality shall impose a special tax specifically applicable solely to a motor vehicle used in a ride-sharing arrangement.
6.Transportation to and from work in an employer-sponsored ride-sharing arrangement shall not constitute any part of the employee's work hours unless otherwise agreed to by the employer.
7.Notwithstanding any other provision of law, motor vehicles owned or operated by any state or local agency may be used in ride-sharing arrangements for public employees.Participants in any such ride-sharing arrangement shall be required to pay a fee to reimburse the state or local agency for the cost of vehicle acquisition, operation, depreciation and insurance costs.
8.The director of revenue shall issue a distinctive vanpool license plate for vehicles registered as vanpools under the provisions of section 301.066.All vehicles used in a ride-sharing arrangement shall be registered as a vanpool vehicle and bear the distinctive vanpool plate, except for motor vehicles owned or operated by a state or local agency.
285.100 - Willful failure to pay a misdemeanor.
Any employer who promises in writing to make payments to an employee retirement or welfare plan, either by contract with an individual employee, by a collective bargaining agreement, or by agreement with the employee retirement or welfare plan, and who willfully fails to make the payment within sixty days after they become due and payable is guilty of a misdemeanor.
285.250 - Hiring preference for veterans and spouses of disabled or deceased veterans, nonpublic employers.
1.A private, nonpublic employer may grant preference to a veteran in hiring and promoting employees.
2.A private, nonpublic employer may grant preference in hiring and promotion to a spouse of a disabled veteran who has a service-connected permanent and total disability or to a surviving spouse of a deceased veteran.For the purposes of this subsection, a "disabled veteran" means a person who has a compensable, service-connected disability as adjudicated by the United States Veterans Administration or by the retirement board of one of the branches of the Armed Forces.
3.Granting preference under subsections 1 and 2 of this section shall not violate any state equal employment opportunity law.
285.550 - Failure to suspend a business permit, city or county deemed to have adopted a sanctuary policy.
If any municipal or county governing body fails to suspend the business permit, if such exists, and applicable licenses or exemptions as directed by the attorney general as a result of a violation of section 285.530 or 285.535 within fifteen days after notification by the attorney general, the municipality shall be deemed to have adopted a sanctuary policy as defined in section 67.307 and shall be subject to the penalties thereunder.
285.309 - Federal 1099 forms, certain employers required to submit to department — fine for failure to report.
1.Every employer doing business in this state who employs five or more employees shall, if applicable, submit federal 1099 miscellaneous forms to the department of revenue.Such forms shall be submitted to the department of revenue within the time lines established for the filing of Missouri form 99 forms.
2.Any employer who intentionally, on five or more occasions, fails to submit information required under subsection 1 of this section shall be fined not more than two hundred dollars for each time the employer fails to submit the information on or after the fifth occurrence.
285.750 - Prohibited acts — disciplinary action, when — sanctions.
1.A person shall not knowingly:
(1)Offer or provide professional employer services or use the names PEO, professional employer organization, staff leasing, employee leasing, administrative employer, or other title representing professional employer services without first becoming registered under sections 285.700 to 285.750; or
(2)Provide false or fraudulent information to the secretary of state in conjunction with any registration, renewal, or in any report required under sections 285.700 to 285.750.
2.Disciplinary action shall be taken by the secretary of state for violation of this section for:
(1)The conviction of a professional employer organization or a controlling person of a PEO of a crime that relates to the operation of a PEO or the ability of the licensee or a controlling person of a licensee to operate a PEO;
(2)Knowingly making a material misrepresentation to the secretary of state or other governmental agency; or
3.Upon finding, after notice and opportunity for hearing, that a PEO, a controlling person of a PEO, or a person offering PEO services has violated one or more provisions of this section and subject to appeal, the secretary of state may:
(1)Deny an application for a license;
(2)Revoke, restrict, or refuse to renew a license;
(3)Impose an administrative penalty in an amount not to exceed one thousand dollars for each material violation;
(4)Place the licensee on probation for the period and subject to conditions that the secretary of state specifies; or
(5)Issue a cease and desist order.
285.705 - Definitions.
As used in sections 285.700 to 285.750, the following terms mean:
(1)"Client", any person who enters into a professional employer agreement with a PEO;
(2)"Coemployer", either a PEO or a client;
(3)"Coemployment relationship", a relationship that is intended to be an ongoing relationship rather than a temporary or project-specific relationship, wherein the rights, duties, and obligations of an employer that arise out of an employment relationship have been allocated between coemployers pursuant to a professional employer agreement and sections 285.700 to 285.750.In such a coemployment relationship:
(a)The PEO is entitled to enforce only such employer rights and is subject to only those obligations specifically allocated to the PEO by the professional employer agreement or sections 285.700 to 285.750;
(b)The client is entitled to enforce those rights and obligated to provide and perform those employer obligations allocated to such client by the professional employer agreement and sections 285.700 to 285.750; and
(c)The client is entitled to enforce any right and obligated to perform any obligation of an employer not specifically allocated to the PEO by the professional employer agreement or sections 285.700 to 285.750;
(4)"Covered employee", an individual having a coemployment relationship with a PEO and a client who meets the following criteria:
(a)The individual has received written notice of coemployment with the PEO; and
(b)The individual's coemployment relationship is pursuant to a professional employer agreement subject to sections 285.700 to 285.750.
Individuals who are officers, directors, shareholders, partners, and managers of the client will be covered employees, except to the extent the PEO and the client have expressly agreed in the professional employer agreement that such individuals would not be covered employees, provided such individuals meet the criteria of this subdivision and act as operational managers or perform day-to-day operational services for the client;
(5)"PEO group", any two or more PEOs that are majority owned or commonly controlled by the same entity, parent, or controlling person;
(6)"Person", any individual, partnership, corporation, limited liability company, association, or any other form of legally recognized entity;
(7)"Professional employer agreement", a written contract by and between a client and a PEO that provides:
(a)For the coemployment of covered employees;
(b)For the allocation of employer rights and obligations between the client and the PEO with respect to the covered employees; and
(c)That the PEO and the client assume the responsibilities required under sections 285.700 to 285.750;
(8)"Professional employer organization" or "PEO", any person engaged in the business of providing professional employer services.A person engaged in the business of providing professional employer services shall be subject to registration and regulation under sections 285.700 to 285.750 regardless of its use of the term or conducting business as a professional employer organization, staff leasing company, registered staff leasing company, employee leasing company, administrative employer, or any other name.The following shall not be deemed to be professional employer organizations or the providing of professional employment services for the purposes of sections 285.700 to 285.750:
(a)Arrangements wherein a person, whose principal business activity is not entering into professional employer arrangements and does not hold itself out as a PEO, shares employees with a commonly owned company within the meaning of Section 414(b) and (c) of the Internal Revenue Code of 1986, as amended;
(b)Independent contractor arrangements by which a person assumes responsibility for the product produced or service performed by such person or his or her agents and retains and exercises primary direction and control over the work performed by the individuals whose services are supplied under such arrangements; and
(c)Providing temporary help services;
(9)"Professional employer services", the service of entering into coemployment relationships under sections 285.700 to 285.750 in which all or a majority of the employees providing services to a client or to a division or work unit of a client are covered employees;
(10)"Registrant", a PEO registered under sections 285.700 to 285.750;
(11)"Temporary help services", services consisting of a person:
(a)Recruiting and hiring its own employees;
(b)Finding other organizations that need the services of those employees;
(c)Assigning those employees to perform work at or services for the other organizations to support or supplement the other organizations' workforces, or to provide assistance in special work situations including, but not limited to, employee absences, skill shortages, seasonal workloads, or to perform special assignments or projects; and
(d)Customarily attempting to reassign the employees to other organizations when they finish each assignment.
285.105 - Employee retirement or welfare plan defined.
The term "employee retirement or welfare plan", as defined in sections 285.100 to 285.110, includes any plan, trust or fund established by an employer organization, or by an employer and a labor organization or by an employer and an employee organization, the funds for which are derived in whole or in part from contributions by employers, and which exists for the purpose of paying or providing for employees or their families or dependents medical or hospital care, recreation facilities, pensions, annuities, benefits on retirement or death or unemployment of beneficiaries, severance pay, compensation for injuries or illness, insurance to provide any of the foregoing, vacation or holiday benefits, apprenticeship training, or life insurance, disability or sickness or accident insurance.
285.515 - Penalties for violations.
If a court determines that an employer has knowingly misclassified a worker, the court shall enter a judgment in favor of the state and award penalties in the amount of fifty dollars per day per misclassified worker up to a maximum of fifty thousand dollars.The attorney general may enter into a consent judgment with any person alleged to have violated sections 285.500 to 285.515.
285.715 - Registration required — application, contents — initial registration, renewal — reporting requirements, satisfied how — limited registration, when — list of organizations — electronic filing — confidentiality of records.
1.Except as otherwise provided in sections 285.700 to 285.750, no person shall provide, advertise, or otherwise hold itself out as providing professional employer services in this state, unless such person is registered under sections 285.700 to 285.750.
2.Each applicant for registration under sections 285.700 to 285.750 shall provide the secretary of state with the following information:
(1)The name or names under which the PEO conducts business;
(2)The address of the principal place of business of the PEO and the address of each office it maintains in this state;
(3)The PEO's taxpayer or employer identification number;
(4)A list by jurisdiction of each name under which the PEO has operated in the preceding five years, including any alternative names, names of predecessors, and, if known, successor business entities;
(5)A statement of ownership, which shall include the name and evidence of the business experience of any person that, individually or acting in concert with one or more other persons, owns or controls, directly or indirectly, twenty-five percent or more of the equity interests of the PEO;
(6)A statement of management, which shall include the name and evidence of the business experience of any person who serves as president, chief executive officer, or otherwise has the authority to act as senior executive officer of the PEO; and
(7)A financial statement setting forth the financial condition of the PEO or PEO group.At the time of application for a new license, the applicant shall submit the most recent audit of the applicant, which shall not be older than thirteen months.Thereafter, a PEO or PEO group shall file on an annual basis, within one hundred eighty days after the end of the PEO's or PEO group's fiscal year, a succeeding audit.An applicant may apply for an extension with the secretary of state, but any such request shall be accompanied by a letter from the auditors stating the reasons for the delay and the anticipated audit completion date.The financial statement shall be prepared in accordance with generally accepted accounting principles and audited by an independent certified public accountant licensed to practice in the jurisdiction in which such accountant is located and shall be without qualification as to the going concern status of the PEO.A PEO or PEO group may submit combined or consolidated audited financial statements to meet the requirements of this section.A PEO that has not had sufficient operating history to have audited financials based upon at least twelve months of operating history shall meet the financial capacity requirements of sections 285.700 to 285.750 and present financial statements reviewed by a certified public accountant.
3.(1)Each PEO operating within this state as of August 28, 2018, shall complete its initial registration not later than one hundred eighty days after August 28, 2018.Such initial registration shall be valid until one hundred eighty days from the end of the PEO's first fiscal year that is more than one year after August 28, 2018.
(2)Each PEO not operating within this state as of August 28, 2018, shall complete its initial registration prior to initiating operations within this state.In the event a PEO not registered in this state becomes aware that an existing client not based in this state has employees and operations in this state, the PEO shall either decline to provide PEO services for those employees or notify the secretary of state within five business days of its knowledge of this fact and file a limited registration application under subsection 6 of this section or a full business registration if there are more than fifty covered employees.The secretary of state may issue an interim operating permit for the period the registration applications are pending if the PEO is currently registered or licensed by another state and the secretary of state determines it to be in the best interest of the potential covered employees.
4.Within one hundred eighty days after the end of a registrant's fiscal year, such registrant shall renew its registration by notifying the secretary of state of any changes in the information provided in such registrant's most recent registration or renewal.A registrant's existing registration shall remain in effect during the pendency of a renewal application.
5.PEOs in a PEO group may satisfy the reporting and financial requirements of sections 285.700 to 285.750 on a combined or consolidated basis, provided that each member of the PEO group guarantees the financial capacity obligations under sections 285.700 to 285.750 of each other member of the PEO group.In the case of a PEO or PEO group that submits a combined or consolidated audited financial statement including entities that are not PEOs or that are not in the PEO group, the controlling entity of the PEO group under the consolidated or combined statement shall guarantee the obligations of the PEOs in the PEO group.
6.(1)A PEO is eligible for a limited registration under sections 285.700 to 285.750 if such PEO:
(a)Submits a properly executed request for limited registration on a form provided by the secretary of state;
(b)Is domiciled outside this state and is licensed or registered as a professional employer organization in another state;
(c)Does not maintain an office in this state or directly solicit clients located or domiciled within this state; and
(d)Does not have more than fifty covered employees employed or domiciled in this state on any given day.
(2)A limited registration is valid for one year, and may be renewed.
(3)A PEO seeking limited registration under this section shall provide the secretary of state with information and documentation necessary to show that the PEO qualifies for a limited registration.
(4)The provisions of section 285.725 shall not apply to applicants for limited registration.
7.The secretary of state shall maintain a list of professional employer organizations registered under sections 285.700 to 285.750 that is readily available to the public by electronic or other means.
8.The secretary of state may produce forms necessary to promote the efficient administration of this section.
9.The secretary of state shall, to the extent practical, permit the acceptance of electronic filings in conformance with sections 432.200 to 432.295, including applications, documents, reports, and other filings required by sections 285.700 to 285.750.The secretary of state may provide for the acceptance of electronic filings and other assurance by an independent and qualified assurance organization approved by the secretary of state that provides satisfactory assurance of compliance acceptable to the secretary of state consistent with or in lieu of the requirements of sections 285.715 and 285.725 and other requirements of sections 285.700 to 285.750.The secretary of state shall permit a PEO to authorize such an approved assurance organization to act on the PEO's behalf in complying with the registration requirements of sections 285.700 to 285.750, including electronic filings of information and payment of registration fees.Use of such an approved assurance organization shall be optional and not mandatory for a registrant.Nothing in this subsection shall limit or change the secretary of state's authority to register or terminate registration of a professional employer organization or to investigate or enforce any provision of sections 285.700 to 285.750.
10.All records, reports, and other information obtained from a PEO under sections 285.700 to 285.750, except to the extent necessary for the proper administration of sections 285.700 to 285.750 by the secretary of state, shall be confidential and shall not be considered a "public record" as that term is defined in section 610.010.
285.015 - Lists to be confidential.
No list of employees furnished to municipal corporations under the provisions of sections 285.010 to 285.020 shall be used for any purpose other than in connection with the collection of an earnings tax.Such lists shall be treated as confidential records and shall not be sold, given away, or otherwise distributed by municipal corporations or their instrumentalities and shall not be open to public inspection.
285.240 - Federal earned income credit, employer duties.
Employers not providing health insurance to all full-time employees shall identify employees who are eligible for a federal earned income credit for purposes of purchasing health insurance coverage for children and shall assist such employees in completing necessary forms to receive the federal earned income credit.Employers shall also make available to such employees information concerning a health insurance or health benefits plan or plans, which may be a plan offered pursuant to section 208.178*.
285.540 - Rulemaking authority.
The attorney general shall promulgate rules to implement the provisions of sections 285.525 to 285.550. Any rule or portion of a rule, as that term is defined in section 536.010, that is created under the authority delegated in this section shall become effective only if it complies with and is subject to all of the provisions of chapter 536 and, if applicable, section 536.028. This section and chapter 536 are nonseverable and if any of the powers vested with the general assembly under chapter 536 to review, to delay the effective date, or to disapprove and annul a rule are subsequently held unconstitutional, then the grant of rulemaking authority and any rule proposed or adopted after August 28, 2008, shall be invalid and void.
285.740 - Workers' compensation requirements.
1.The responsibility to obtain workers' compensation coverage for covered employees in compliance with all applicable laws shall be specifically allocated in the professional employer agreement to either the client or the PEO.
2.(1)Coverage for both the directly employed workers of a client and the covered employees of that client shall be all in the residual or all in the voluntary market with the same carrier.
(2)Workers' compensation coverage for covered employees in the voluntary market may be obtained by either:
(a)The client through a standard workers' compensation policy or through duly authorized self-insurance under section 287.280; or
(b)The PEO through duly authorized self-insurance under section 287.280, through the type of policy referenced under the provisions of 20 CSR 500-6.800(5)(c)2 issued to the PEO by a carrier authorized to do business in this state, or through a multiple coordinated workers' compensation policy issued by a carrier authorized to do business in this state in the name of the PEO or the client.
A PEO authorized to self-insure under section 287.280 shall report to the insurer or the appropriate state and rating authorities such client-based information as is necessary to maintain the client's experience rating.
(3)Workers' compensation for covered employees in the residual market may be obtained by the client through a residual market policy or by the PEO through a multiple coordinated policy in either the name of the PEO or the client that provides to the appropriate state and rating authorities the client-based information satisfactory to maintain the client's experience rating.
3.A PEO that applies for coverage or is covered through the voluntary market shall also maintain and furnish to the insurer sufficient information to permit the calculation of an experience modification factor for each client upon termination of the coemployment relationship.Information reported during the term of the coemployment relationship which is used to calculate an experience modification factor for a client prior to and upon termination of the professional employer agreement shall continue to be used in the future experience ratings of the PEO.Such information shall include:
(1)The client's corporate name;
(2)The client's taxpayer or employer identification number;
(3)Payroll summaries and class codes applicable to each client, and, if requested by the insurer, a listing of all covered employees associated with a given client; and
(4)Claims information grouped by client, and any other information maintained by or readily available to the PEO that is necessary for the calculation of an experience modification factor for each client.
4.In addition to any other provision of chapter 287, any material violations of this section by a PEO is grounds for cancellation or nonrenewal of the PEO's insurance policy by the insurer.If a PEO has received notice that its workers' compensation insurance policy will be cancelled or nonrenewed, the PEO shall notify by certified mail, within ten days after the receipt of the notice, all of the clients for which there is a coemployment relationship covered under the policy to be canceled, provided that notice shall not be required if the PEO has obtained another insurance policy from a carrier authorized to do business in this state, with an effective date that is the same as the date of cancellation or nonrenewal.
5.If the coemployment relationship with a client is terminated, the client shall utilize an experience modification factor which reflects its individual experience, including, if applicable, experience incurred for covered employees under the professional employer agreement.The PEO shall provide to the client the client's information that is maintained under subsection 3 of this section within five business days of receiving notice from the client or within five business days of providing notice to the client that the coemployment relationship will terminate.The PEO shall also provide such information to any future client insurer, if requested by such client.The PEO shall notify the insurer of its intent to terminate any client relationship prior to termination when feasible.When prior notice is not feasible, the PEO shall notify its insurer within five business days following actual termination.
6.Both the client and the PEO shall be considered the employer for purposes of coverage under chapter 287.The protection of the exclusive remedy provision under section 287.120 shall apply to the PEO, the client, and to all covered employees and other employees of the client irrespective of which coemployer obtains such workers' compensation coverage.Nothing in this section shall be construed to exempt either the client or the PEO from compliance with the provisions of chapter 287.
7.A client may request the information maintained under subsection 3 of this section at any time and every PEO shall provide that information to such client within five business days of receiving such a request.
8.In the case of a request for information by a third party requesting verification of a client's experience modification factor for a client in the type of policy referenced under the provisions of 20 CSR 500-6.800(5)(c)2, the PEO shall, within five business days of receipt of receiving the client's consent, provide such third party with only the information maintained by the PEO under subsection 3 of this section.If a client refuses to grant consent to a request for information under this subsection, the PEO shall notify the requesting third party that the client has refused to consent to the disclosure of the information maintained by the PEO under subsection 3 of this section.
9.A client shall provide any prospective insurer with the information maintained by the PEO under subsection 3 of this section upon receiving such information from the PEO.Failure to provide a future insurer with such information shall be considered a violation of subsection 6 of section 287.128.
10.(1)A client shall notify any prospective insurer of the client's previous or current relationship with a PEO.Failure to provide a future insurer with such information shall be considered a violation of subsection 6 of section 287.128.
(2)This subsection shall not apply if the PEO did not provide workers' compensation coverage to a client during the coemployment relationship.
285.535 - Attorney general to enforce — action to be initiated, when — complaint procedures — verification of status required — violations, corrective actions, penalties.
1.The attorney general shall enforce the requirements of sections 285.525 to 285.550.
2.An enforcement action shall be initiated by means of a written, signed complaint under penalty of perjury as defined in section 575.040 to the attorney general submitted by any state official, business entity, or state resident.A valid complaint shall include an allegation which describes the alleged violator as well as the actions constituting the violation, and the date and location where such actions occurred.A complaint which alleges a violation solely or primarily on the basis of national origin, ethnicity, or race shall be deemed invalid and shall not be enforced.
3.Upon receipt of a valid complaint, the attorney general shall, within fifteen business days, request identity information from the business entity regarding any persons alleged to be unauthorized aliens.Such request shall be made by certified mail.The attorney general shall direct the applicable municipal or county governing body to suspend any applicable license, permit, or exemptions of any business entity which fails, within fifteen business days after receipt of the request, to provide such information.
4.The attorney general, after receiving the requested identity information from the business entity, shall submit identity data required by the federal government to verify, under 8 U.S.C. 1373, the immigration status of such persons, and shall provide the business entity with written notice of the results of the verification request:
(1)If the federal government notifies the attorney general that an employee is authorized to work in the United States, the attorney general shall take no further action on the complaint;
(2)If the federal government notifies the attorney general that an employee is not authorized to work in the United States, the attorney general shall proceed on the complaint as provided in subsection 5 of this section;
(3)If the federal government notifies the attorney general that it is unable to verify whether an employee is authorized to work in the United States, the attorney general shall take no further action on the complaint until a verification from the federal government concerning the status of the individual is received.At no point shall any state official attempt to make an independent determination of any alien's legal status without verification from the federal government.
5.(1)If the federal government notifies the attorney general that an employee is not authorized to work in the United States, and the employer of the unauthorized alien participates in a federal work authorization program, there shall be a rebuttable presumption that the employer has met the requirements for an affirmative defense under subsection 4 of section 285.530, and the employer shall comply with subsection 6 of this section.
(2)If the federal government notifies the attorney general that an employee is not authorized to work in the United States, the attorney general shall bring a civil action in Cole County if the attorney general reasonably believes the business entity knowingly violated subsection 1 of section 285.530:
(a)If the court finds that a business entity did not knowingly violate subsection 1 of section 285.530, the employer shall have fifteen business days to comply with subdivision (1) and paragraph (a) of subdivision (2) of subsection 6 of this section.If the entity fails to do so, the court shall direct the applicable municipal or county governing body to suspend the business permit, if such exists, and any applicable licenses or exemptions of the entity until the entity complies with subsection 6 of this section;
(b)If the court finds that a business entity knowingly violated subsection 1 of section 285.530, the court shall direct the applicable municipal or county governing body to suspend the business permit, if such exists, and any applicable licenses or exemptions of such business entity for fourteen days.Permits, licenses, and exemptions shall be reinstated for entities who comply with subsection 6 of this section at the end of the fourteen-day period.
6.The correction of a violation with respect to the employment of an unauthorized alien shall include the following actions:
(1)(a)The business entity terminates the unauthorized alien's employment.If the business entity attempts to terminate the unauthorized alien's employment and such termination is challenged in a court of the state of Missouri, the fifteen-business-day period for providing information to the attorney general referenced in subsection 3 of this section shall be tolled while the business entity pursues the termination of the unauthorized alien's employment in such forum; or
(b)The business entity, after acquiring additional information from the employee, requests a secondary or additional verification by the federal government of the employee's authorization, under the procedures of a federal work authorization program.While this verification is pending, the fifteen-business-day period for providing information to the attorney general referenced in subsection 3 of this section shall be tolled; and
(2)A legal representative of the business entity submits, at an office designated by the attorney general, the following:
(a)A sworn affidavit stating that the violation has ended that shall include a description of the specific measures and actions taken by the business entity to end the violation, and the name, address, and other adequate identifying information for any unauthorized aliens related to the complaint; and
(b)Documentation acceptable to the attorney general which confirms that the business entity has enrolled in and is participating in a federal work authorization program.
7.The suspension of a business license or licenses under subsection 5 of this section shall terminate one business day after a legal representative of the business entity submits the affidavit and other documentation required under subsection 6 of this section following any period of restriction required under subsection 5 of this section.
8.For an entity that violates subsection 1 of section 285.530 for a second time, the court shall direct the applicable municipal or county governing body to suspend, for one year, the business permit, if such exists, and any applicable license or exemptions of the business entity.For a subsequent violation, the court shall direct the applicable municipal or county governing body to forever suspend the business permit, if such exists, and any applicable license or exemptions of the business entity.
9.In addition to the penalties in subsections 5 and 8 of this section:
(1)Upon the first violation of subsection 1 of section 285.530 by any business entity awarded a state contract or grant or receiving a state-administered tax credit, tax abatement, or loan from the state, the business entity shall be deemed in breach of contract and the state may terminate the contract and suspend or debar the business entity from doing business with the state for a period of three years.Upon such termination, the state may withhold up to twenty-five percent of the total amount due to the business entity;
(2)Upon a second or subsequent violation of subsection 1 of section 285.530 by any business entity awarded a state contract or grant or receiving a state-administered tax credit, tax abatement, or loan from the state, the business entity shall be deemed in breach of contract and the state may terminate the contract and permanently suspend or debar the business entity from doing business with the state.Upon such termination, the state may withhold up to twenty-five percent of the total amount due to the business entity.
10.Sections 285.525 to 285.550 shall not be construed to deny any procedural mechanisms or legal defenses included in a federal work authorization program.
11.Any business entity subject to a complaint and subsequent enforcement under sections 285.525 to 285.540, or any employee of such a business entity, may challenge the enforcement of this section with respect to such entity or employee in the courts of the state of Missouri.
12.If the court finds that any complaint is frivolous in nature or finds no probable cause to believe that there has been a violation, the court shall dismiss the case.For purposes of this subsection, "frivolous" shall mean a complaint not shown by clear and convincing evidence to be valid.Any person who submits a frivolous complaint shall be liable for actual, compensatory, and punitive damages to the alleged violator for holding the alleged violator before the public in a false light.If the court finds that a complaint is frivolous or that there is not probable cause to believe there has been a violation, the attorney general shall issue a public report to the complainant and the alleged violator stating with particularity its reasons for dismissal of the complaint.Upon such issuance, the complaint and all materials relating to the complaint shall be a public record as defined in chapter 610.
13.The determination of whether a worker is an unauthorized alien shall be made by the federal government.A determination of such status of an individual by the federal government shall create a rebuttable presumption as to that individual's status in any judicial proceedings brought under this section or section 285.530.The court may take judicial notice of any verification of an individual's status previously provided by the federal government and may request the federal government to provide automated or testimonial verification.
14.Compensation, whether in money or in kind or in services, knowingly provided to any unauthorized alien shall not be allowed as a business expense deduction from any income or business taxes of this state.
15.Any business entity which terminates an employee in accordance with this section shall not be liable for any claims made against the business entity under chapter 213 for the termination.
285.035 - Microchip technology, employer not to require employees to be implanted — violation, penalty.
1.No employer shall require an employee to have personal identification microchip technology implanted into an* employee for any reason.
2.For purposes of this section, "personal identification microchip technology" means a subcutaneous or surgically implanted microchip technology device or product that contains or is designed to contain a unique identification number and personal information that can be noninvasively retrieved or transmitted with an external scanning device.
3.Any employer who violates this section is guilty of a class A misdemeanor.
285.235 - Definitions.
As used in sections 285.235 and 285.237 the following terms shall mean:
(1)"Armed Forces of the United States", the Army, Air Force, Navy, Marine Corps, Coast Guard and any other military branch of service that is designated by Congress as a part of the Armed Forces of the United States;
(2)"Disabled veteran", a veteran who is entitled to, or who but for the receipt of military retirement pay would be entitled to, compensation under any law administered by the Department of Veterans' Affairs and who is not a special disabled veteran;
(3)"Eligible veteran", a person who served on active duty for more than one hundred eighty days and was discharged or released from active duty with other than a dishonorable discharge or a person who was discharged or released from active duty because of a service disability;
(4)"Employment program", a program which provides referral of individuals to employer job openings in the federal, state, or private sector;
(5)"Entitlement program", any program that enlists specific criteria in determining eligibility, including but not limited to the existence of special segments of the general population with specific financial needs;
(6)"Other eligible person", one of the following:
(a)The spouse of any person who died of a service-connected disability;
(b)The spouse of any member of the Armed Forces serving on active duty who is at the time of the spouse's application for assistance under any program described in subsection 1 of section 285.237:
a.Missing in action;
b.Captured in line of duty by a hostile force;
c.Forcibly detained or interned in line of duty by a foreign government or power;
(c)The spouse of any person who has a total disability permanent in nature resulting from a service-connected disability or the spouse of a veteran who died while such a disability was in existence;
(7)"Special disabled veteran", a veteran who is entitled to, or who but for the receipt of military pay would be entitled to, compensation under any law administered by the Department of Veterans Affairs' for a disability rated at thirty percent or more or a person who was discharged or released from active duty because of a service-connected disability;
(8)"Target-specific veterans", veterans who are:
(a)Recently discharged veterans;
(c)Veterans of the Vietnam era;
(9)"Targeted group", a group of persons designated by federal law to receive special assistance under an employment and training program described in subsection 1 of section 285.237;
(10)"Training program", any program that upgrades the employability of qualified applicants;
(11)"Veteran", any person who was a member of the Armed Forces of the United States for a period of one hundred eighty days or more or a person who was discharged or released from active duty because of a service-connected disability;
(12)"Veteran of the Vietnam era", an eligible veteran who served on active duty for a period of more than one hundred eighty days, any part of which occurred from August 5, 1964, to May 7, 1975, and was discharged or released therefrom with other than a dishonorable discharge or a person who was discharged or released from active duty for a service-connected disability if any part of the active duty was performed from August 5, 1964, to May 7, 1975.
285.725 - Working capital or bond requirements.
Except as provided by section*285.715, each PEO or collectively each PEO group shall maintain either:
(1)Positive working capital as defined by generally accepted accounting principles at registration as reflected in the financial statements submitted to the secretary of state with the initial registration and each annual renewal; or
(2)A PEO or PEO group that does not have positive working capital may provide a bond, irrevocable letter of credit, or securities with a minimum market value equaling the deficiency plus one hundred thousand dollars to the secretary of state.Such bond is to be held by a depository designated by the secretary of state securing payment by the PEO of all taxes, wages, benefits, or other entitlement due to or with respect to covered employees if the PEO does not make such payments when due.
285.525 - Definitions.
As used in sections 285.525 to 285.550, the following terms shall have the following meanings:
(1)"Business entity", any person or group of persons performing or engaging in any activity, enterprise, profession, or occupation for gain, benefit, advantage, or livelihood.The term "business entity" shall include but not be limited to self-employed individuals, partnerships, corporations, contractors, and subcontractors.The term "business entity" shall include any business entity that possesses a business permit, license, or tax certificate issued by the state, any business entity that is exempt by law from obtaining such a business permit, and any business entity that is operating unlawfully without such a business permit.The term "business entity" shall not include a self-employed individual with no employees or entities utilizing the services of direct sellers as defined in subdivision (17) of subsection 12 of section 288.034;
(2)"Contractor", a person, employer, or business entity that enters into an agreement to perform any service or work or to provide a certain product in exchange for valuable consideration.This definition shall include but not be limited to a general contractor, subcontractor, independent contractor, contract employee, project manager, or a recruiting or staffing entity;
(3)"Employee", any person performing work or service of any kind or character for hire within the state of Missouri;
(4)"Employer", any person or entity employing any person for hire within the state of Missouri, including a public employer.Where there are two or more putative employers, any person or entity taking a business tax deduction for the employee in question shall be considered an employer of that person for purposes of sections 285.525 to 285.550;
(5)"Employment", the act of employing or state of being employed, engaged, or hired to perform work or service of any kind or character within the state of Missouri;
(6)"Federal work authorization program", any of the electronic verification of work authorization programs operated by the United States Department of Homeland Security or an equivalent federal work authorization program operated by the United States Department of Homeland Security to verify information of newly hired employees, under the Immigration Reform and Control Act of 1986 (IRCA), P.L.99-603;
(7)"Knowingly", a person acts knowingly or with knowledge:
(a)With respect to the person's conduct or to attendant circumstances when the person is aware of the nature of the person's conduct or that those circumstances exist; or
(b)With respect to a result of the person's conduct when the person is aware that the person's conduct is practically certain to cause that result;
(8)"Political subdivision", any agency or unit of this state which now is, or hereafter shall be, authorized to levy taxes or empowered to cause taxes to be levied;
(9)"Public employer", every department, agency, or instrumentality of the state or political subdivision of the state;
(10)"Unauthorized alien", an alien who does not have the legal right or authorization under federal law to work in the United States, as defined in 8 U.S.C. 1324a(h)(3);
(11)"Work", any job, task, employment, labor, personal services, or any other activity for which compensation is provided, expected, or due, including but not limited to all activities conducted by business entities.
285.025 - Employers of illegal aliens ineligible for state economic incentives, right of appeal, criminal penalties.
1.The state of Missouri hereby proclaims that no employer who employs illegal aliens shall be eligible for any state-administered or subsidized tax credit, tax abatement or loan from this state.The director of each agency administering or subsidizing a tax credit, tax abatement or loan pursuant to chapter 32, 100, 135, 253, 447 or 620 shall place in such agency's criteria for eligibility for such credit, abatement, exemption or loan a signed statement of affirmation by the applicant that such applicant employs no illegal aliens.Any individual, individual proprietorship, corporation, partnership, firm or association that is found by the director of the agency administering the program to have negligently employed an illegal alien in this state shall be ineligible for any state-administered or subsidized tax credit, tax abatement or loan pursuant to chapter 32, 100, 135, 253, 447 or 620 for five years following such determination; provided, however, that the director of the agency administering such credit, abatement, exemption or loan may, in the director's discretion, elect not to apply such administrative action for a first-time occurrence.Any person, corporation, partnership or other legal entity that is found to be ineligible for a state-administered or subsidized tax credit, tax abatement, or loan pursuant to this subsection may make an appeal with the administrative hearing commission pursuant to the provisions of chapter 621."Negligent", for the purposes of this subsection means that a person has failed to take the steps necessary to comply with the requirements of 8 U.S.C. 1324a with respect to the examination of an appropriate document or documents to verify whether the individual is an unauthorized alien.
2.Beginning August 28, 1999, any individual, individual proprietorship, corporation, partnership, firm or association that knowingly accepts any state-administered or subsidized tax credit, tax abatement or loan in violation of subsection 1 of this section shall upon conviction be guilty of a class A misdemeanor, and such action may be brought by the attorney general in Cole County circuit court.
285.125 - Reduced health care premiums for nonsmokers permitted.
Notwithstanding any other provision of law to the contrary, an employer shall be permitted to provide or contract for health insurance benefits at a reduced premium rate for employees who do not smoke or use tobacco products.