Missouri Final And Unclaimed Paychecks Laws
Final And Unclaimed Paychecks Laws In Missouri
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About Final Paychecks Laws In MissouriState and federal law requires that employers give departing employees their final paycheck within a specified time period or - if a paycheck goes unclaimed - to follow state escheatment rules. The rules in Missouri for both are included below.
Missouri's Requirements For When To Send Final PaychecksMissouri state law does not provide regulations on how to pay an employee's remaining pay after they leave the company voluntarily, but does require the final paycheck to be paid immediately if the employer terminates the employee.
What Should Be Included In A Final Paycheck In MissouriThe final paycheck should contain the employee's regular wages from the most recent pay period, plus other types of compensation such as commissions, bonuses, and accrued sick and vacation pay. Employers can withhold money from the employee's last paycheck if the employee owes your organization.
Can An Employer Withhold A Final Paycheck?Though an employer might be able to deduct the cost of the equipment from the final pay of non-exempt employees, they generally cannot withhold unpaid wages from ex-employees. Failure to follow state final paycheck laws could lead to fines and penalties, so be sure to consult with legal counsel before taking any actions to hold a final paycheck.
How To SendThe Final PaycheckIn instance where the employee quits, Missouri does not have specific rules on how to send the final paycheck, so the final paycheck can be paid via direct deposit (if an employee previously authorized direct deposit for wages), or by check or payroll paycard, either in-person or mailed.
Note that employers generally are not obligated to pay a terminated employee via direct deposit on his or her final paycheck.
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About Unclaimed Paycheck Laws In MissouriAmazingly, departing employees don't always collect all wages owed to them. Unfortunately, as a payroll professional, that becomes your problem.
Technically, unclaimed paychecks are subject to 'escheat' laws as unclaimed property under the laws of the state where the employee last worked. This means that employers are required to follow their state's laws for submitting unclaimed paychecks to the state. Not doing so can subject employers to fines and penalties.
Missouri's Requirements For Unclaimed PaychecksThe following are the reporting and recordkeeping requirements for Missouri's unclaimed paycheck laws:
- Recordkeeping Requirements
Employers must retain a record of the names and last known addresses of payees for five years after reporting to the state - Reporting Requirements
Missouri employers must report and remit unclaimed wages annually. Typically, the report for unclaimed wages must be sent before Nov. 1 of each year for wages unclaimed as of June 30 of that year
With regard to recordkeeping, Missouri employers should speak with their legal counsel to determine processes and procedures re how many attempts the employer should make to contact ex-employees.
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Contact Info For Final And Unclaimed Paycheck Requirements For Missouri
Labor and Industrial Relations Commission
421 E Dunklin St
PO Box 504
Jefferson City, MO 65102-0504
573-751-4091
www.labor.mo.gov
References and Disclaimers:
This information is based on a variety of state laws and regulations, and is subject to change. The PayrollTrainingCenter makes every effort to make sure this information is current and accurate, however, the PayrollTrainingCenter is not engaged in rendering legal or professional advice and shall not be held responsible for any inaccuracies contained herein.
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