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

Gratuities, goods or services as part of wages, effect on minimum wagerequirements.

290.512. 1. No employer of any employee who receives and retainscompensation in the form of gratuities in addition to wages is required to paywages in excess of fifty percent of the minimum wage rate specified insections 290.500 to 290.530, however, total compensation for such employeeshall total at least the minimum wage specified in sections 290.500 to290.530, the difference being made up by the employer.

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

(L. 1990 H.B. 1881 § 6, A.L. 2006 Adopted by Initiative, Proposition B, November 7, 2006)