Important
Missouri
Laws
Prepared by University of Missouri-Columbia School of
Law with Alianzas and University of Missouri-Extension
in the United States laws protect individuals from abuses. Laws also
ensure that each one of us acts in a safe and responsible manner. This
booklet will hopefully help you to become familiar with some of Missouri’s
basic laws. Our family members, friends, and neighbors all benefit when we
respect and obey our laws. When we as individuals respect and follow our laws,
we respect one another. When we obey the laws, it allows us to live together in
peace and harmony with each other.
At the end of this section, there are several telephone numbers that
you may call if you have any questions about our laws. If you do have
questions, you should feel free to call. When you call to have a question
answered, if you do not speak English, please tell the person you talk to that
you will need an interpreter to assist. Although, if an interpreter is not
available when you call, when one becomes available to help with the call, you
will be called back so that your important question about the law can be
answered.
A.
Motor Vehicles and Traffic
1.
You must have what is known as an "operator's
license" or "driver's license" to legally drive a car in
Missouri. You must be at least 16 years of age, provide appropriate
documentation, and pass both a written and road test before you will receive a
driver's license.
2.
You must get a Missouri driver license within 30 days of
moving even if you have a driver’s license from another state. You may obtain a license in any Department of
Revenue Branch or Fee License Office, not just the one located closest to
you. Missouri will respect international
drivers licenses.
3.
You must carry your driver license or permit when you drive.
If any law enforcement officer asks to see your driver license or permit, you
must show it to him or her. It is
against the law for you to let anyone else use your license or permit. If you don’t have a license, simply state
that is the case and do not say anything more except in relation to that
offense. If you are repeatedly arrested
for driving without a license it may lead to a felony conviction, which is
cause for deportation.
4.
You may lose your driver's license if you violate any of the
traffic laws in the State of Missouri or the traffic laws in your
community. In addition, you may have to
pay a fine or even go to jail. Those laws include, but are not limited to:
a)
Driving under the
influence of alcohol or drugs.
b)
Refusing to let a
police officer test you for alcohol or drugs.
c)
Leaving the scene of
an accident.
d)
Failing to file an
accident report.
e)
Giving false
information when you apply for a driver license.
f)
Failing to settle a
court judgment made against you for damages resulting from a motor vehicle
accident.
g)
Failing to keep
insurance (financial responsibility).
h)
Changing the
information on your license or using someone else's license when you attempt to
buy alcohol.
i)
Failing to appear for
an exam when requested by the Drivers License Bureau.
j)
Using a motor vehicle
to commit a crime or causing the death of someone in a motor vehicle accident.
k)
Letting someone else
use your driver license.
l)
Failing to appear or
pay traffic tickets in Missouri and other states.
A driver's license must be renewed either every 3 years or every 6 years depending on the license that you get. There is a fee to obtain a driver's license in Missouri. There are over 140 places in Missouri for you to take the driver exam. Call the Missouri State Highway Patrol, the Customer Assistance Bureau or a Department of Revenue Branch or Fee License Office in your area for further information.
5.
When you apply for your Missouri driver license, you must
bring two documents for proof of identity (two primary documents or one primary
and one secondary document) to show the Highway Patrol examiners when you take
the written and/or driving tests.
Primary
documents must contain the applicant's full legal name (including middle name
if the applicant has one) and date of birth. Primary documents acceptable as
proof of identity include the following:
a)
U.S. or Canadian photo driver license (including the U.S.
and Canadian territories)
b)
U.S. or Canadian photo identification card/nondriver license
(including the U.S. and Canadian territories)
c)
Microfilm copy or image portfolio of a driver license or
identification card/nondriver license certified by the issuing agency with an
embossed seal of the issuing agency. You may obtain a copy of your Missouri
image portfolio ($3) or license negative ($2.50) at any branch or fee office.
The offices will charge an additional $.50 fax fee for a license negative. If
you request a license negative or image portfolio at a fee office, you must pay
an additional $2 fee.
d)
Certificate of birth (U.S. or Canadian issued, including the
U.S. and Canadian territories). Must be original or certified copy, have a seal
and be issued by an authorized government agency such as the Bureau of Vital
Statistics or State Board of Health. Hospital issued certificates and baptismal
certificates are not acceptable.
e)
Immigration and Naturalization Services (INS) documents
(must be a valid unexpired document) as follows:
-Certificate
of Naturalization (N-550, N-570 or N-578)
-Certificate
of Citizenship (N-560, N-561 or N-645)
-Northern Marianas Card
-American Indian Card
-U.S. Citizen Identification Card (I-179 or I-197)
-Resident Alien Card (I-551)
-Temporary Resident Identification Card (I-688)
-Record of Arrival and Departure in a Valid Foreign Passport (I-94)
-Valid Foreign Passport containing an I-551 stamp
-U.S. Re-entry Permit (I-327)
-Refugee Travel Document (I-571)
-Employment Authorization Card (I-688A, I-688B, I-766)
-Record of Arrival and Departure, stamped "Refugee" (I-94) (Refugee
I-94's will likely not be in a foreign passport)
-Canadian
Immigration Record and Visa or Record of Landing (IMM 100)
f)
Active Duty, Retiree or Reservist Military Identification
Card
g)
Valid Passport, U.S. or Canadian (including the U.S. and
Canadian territories). If foreign passport, appropriate INS document is also
required.
h)
U.S. or Canadian issued learner's permit containing a photo
(including the U.S. and Canadian territories)
i)
Canadian Department of Indian Affairs issued identification
card. Tribal issued cards and U.S. issued Department of Indian Affairs cards
are not acceptable.
Secondary documents must contain the applicant's name and
sufficient substantiating information for all/part of the information contained
on the primary document. Secondary documents acceptable as proof of identity
includes the following:
a)
All primary documents listed above.
b)
Court order. The order must contain full name, date of birth
and court seal. Examples include, but may not be limited to, adoption document,
name change document and gender change document. It does not include abstract
of criminal or civil conviction.
c)
INS documents listed previously which are expired one year
or less
d)
Bureau of Indian Affairs Card/Indian Treaty Card. Tribal
issued cards are not acceptable.
e)
Employer photo identification card
f)
Non-English language birth certificate
g)
Health insurance card
h)
IRS/state tax form. A W-2 is not acceptable.
i)
Marriage certificate/license
j)
Medical records from doctor/hospital
k)
Military dependent identification card
l)
Military discharge/separation papers
m)
Parent/guardian affidavit. Parent/guardian must appear in
person, prove his or her identity and submit a notarized affidavit (form
DOR-4861) regarding the child's identity. This affidavit only applies to
minors.
n)
Gun permit
o)
Pilot's license
p)
School record/transcript that is certified with an embossed
seal of the issuing school or Department of Education
q)
Social security card. A metal card and/or laminated card is
not acceptable. (Note: A printout from the Social Security Administration
verifying a social security number is not acceptable.)
r)
Student identification card that contains a photo
s)
Vehicle title. Vehicle registration is not acceptable.
t)
Photo public assistance card
u)
Prison release documents
Additional
documentation may be required if the documentation submitted is questionable or
if the license office clerk or Missouri State Highway Patrol examiner has
reason to believe the person is not who he or she claims to be.
Note: A social security
number is required for on your driver license application. A driver license
clerk may ask for proof of your social
security number. Do not submit false
social security information when applying for a drivers license. However, if you feel that officials are treating
you in a discriminatory manner in requesting documentation supporting your
drivers license application, such as for example, only persons who “look
Mexican” are asked for proof of their social security number, you should report
these incidents to the Director of the Department of the Revenue, your local
multicultural forum and ALIANZAS. It is
against the law to discriminate in this way.
In Jasper County it is the official policy of the local prosecutor to prosecute any incident whereby the applicant submits false identification or information in the drivers license application as a FELONY offense. This is the only county in Missouri where the local prosecutor has taken such a legal position. Persons convicted of a felony offense are subject to immediate deportation by INS, regardless of how long they have lived in the United States.
6.
In order to legally own a car in Missouri, you must possess
proof of ownership, which in the United States is a “certificate of title”
issued by state. This document proves that you own the car. This title must be
endorsed to you (the form is located on the reverse of the certificate of
title) by the previous owner at the time that you purchase the car. If a seller of a motor vehicle does not have
a certificate of title you should not buy the car.
7.
If you live in Missouri, your car must have Missouri license
plates. Visitors to Missouri do not have such an obligation. To apply for license plates you have to prove
ownership at driver’s license examiners office. An out-of-state car must be
examined by police prior to being licensed. There is a fee to license your car.
New plates are required each year. Missouri law requires that license plates be
securely fastened to a vehicle and that all parts of the plates be visible and
clear for view or inspection by any law enforcement entity.
8.
The state of Missouri requires all car owners to have
liability insurance. When registering a car or renewing its plates you are
required to show proof of insurance. You must keep some proof of insurance
(usually a card issued by the insurance company) in your car. If a law
enforcement officer asks for proof of insurance and you cannot show it, the
officer will give you a ticket.
9.
All cars in the State of Missouri must be in good working
condition in order for those cars to be legally operated on any roadway. If
your car is visibly not in operating condition you will be stopped by traffic
patrol. Examples of what it means to
have a care in good working condition are: good tires, working head lights,
tail lights, brake lights, turn signals, exhaust systems as well as other
features of the car. Seat belts must also be in good operating condition and
must be used at all times in Missouri. At any point during a stop, the traffic
patrol officer will ask you for a drivers’ license, proof of insurance, and
where you reside.
10.
Make sure that everything on your car is working before you
operate it, for your safety and the safety of others. Any questions having to
do with car driver safety, operating motor vehicles or traffic laws can be
directed to the State Highway Patrol or the local Driver's License Bureau.
11.
YOU DO NOT NEED TO CONSENT TO A SEARCH OF
YOUR VEHICLE WHEN YOU ARE STOPPED for a traffic violation. State that you do not consent to a search clearly. The police cannot detain you beyond the time
that it takes them to issue you a traffic ticket unless they have a reasonable
suspicion that you are in violation of another crime. At any point during a traffic stop if you do
not understand what the traffic officer is saying, you should clearly state “I
DO NOT UNDERSTAND” or “I DO NOT SPEAK ENGLISH.”
In most Missouri jurisdictions, local law enforcement is under a legal
obligation to provide translation services to persons who have limited English
proficiency. Do not say anything more
until a person arrives who is an official translator.
B. Alcohol
1.
You must be at least 21 years of age to purchase, possess or
consume alcohol in the State of Missouri. Anyone under the age of 21 may
consume alcohol only in the presence of their parent or their legal guardian.
There are fines for violation of this ordinance and you can also lose your
driving privileges or even go to jail for violations.
2.
You must not have an open alcohol container in public or in
a vehicle. You must not consume alcohol in any moving vehicle in Missouri.
3.
If you purchase for or give alcohol to anyone under 21 years
who is not your child, that is illegal, it carries a large fine and may include
jail time
4.
It also illegal to drive if your blood alcohol is above
0.08% if over age 21, which usually means two drinks, or 0.02% if under 21,
usually less than one drink.
5.
If you are stopped and asked to take a blood alcohol test,
you can refuse to take the test at that moment and elect to take it at the
police station. At the station, if you request it, you will be allowed 20
minutes in which to contact an attorney for advice. If you refuse to take a
breath, blood or urine test, or if the results of your test are above the
prohibited level your license may be suspended or revoked.
C. Tobacco and
other Drugs
1.
State and local laws prohibit the use and possession of
drugs designated as "illegal." Examples of these drugs would include
marijuana, cocaine, amphetamines, LSD, and other types of street drugs that are
not offered for resale.
2.
State and federal laws regulate tobacco and alcohol. Both
tobacco and alcohol may both be illegal for individuals of certain ages to use
in certain locations. As mentioned earlier, you must be at least 21 years of
age to purchase and possess alcohol. You must be at least 18 years of age to
purchase and possess any tobacco product in the State of Missouri. Violations
of these cost you money.
3.
Prescriptions for medications must be received from a doctor
and purchased at a pharmacy. You must not sell medicine that is prescribed for
yourself to any other person. It is illegal for someone to have medicine
prescribed for another person.
D. Firearms (Guns)
1.
You must be 18 years of age or older to purchase a firearm
in the State of Missouri from any retailer. When firearms are purchased from a
retailer, you must pass a background check and there is also a 48-hour waiting
period. The firearm must be registered with the State of Missouri.
2.
You may purchase firearms from any other individual in
Missouri, and it is not necessary that that firearm be registered.
3.
There is no minimum age at which you may own a firearm in
the State of Missouri. For individuals who want to hunt in the State of
Missouri, it is mandatory that an individual attend a hunter’s safety course if
they were born on or after January 1, 1967. Information about available
hunter's safety courses are available through your local law enforcement
agencies.
4.
Anyone who has been convicted of a felony in Missouri or any
other state that would be considered a felony in Missouri may not own, possess,
use or have a gun in their residence. It is a crime punishable by prison and
fines.
5.
It is necessary for individuals to possess to license to
hunt and fish in the State of Missouri. Information regarding licensing can be
obtained from the Missouri Department of Conservation. It is necessary to have
certain licenses to hunt for specific types of game in the State of Missouri
during various times of the year as well as to fish. There are also certain
restrictions on the types of weapons used. Your local County Clerk's Office
should be available to provide state and local information with respect to
those restrictions as well as fees for certain types of licenses or you may
contact the Missouri Department of Conservation directly at (573) 751-4115.
E. Banking and Finances
1.
If you write a check and there is no money in the account
and you fail to pay that check upon notice, you may be charged with the crime
of “worthless checks” which may include fines and jail in addition to the
original cost of the check. This can be
a felony offense that can lead to deportation by INS, even if you have lived
legally in the United States for many years.
2.
It is a matter of private contract whether a bank requires
its customers to provide a social security number to open a bank account. If your local bank requires a social security
number and you do not have one, shop around for a bank that requires other
forms of identification, as for example, a utility bill or lease agreement in
your name or employer ID card.
F. Law Enforcement
1.
If stopped by any law enforcement officer, do not make any
threatening moves and obey politely all orders. Keep your hands where the
officer can observe them. Always try to
remember the officer's name and badge number.
2.
In order for the police to stop you, either on the street or
in a car, they must have some suspicion that you are doing something illegal or
involved in a crime. You should not be
stopped solely because you “look Mexican.”
If you are stopped, always ask, "Excuse me officer, have I done
something illegal?" or "Why am I being stopped?"
3.
If the police stop you on the street, you always have the
right to remain silent. It is
not
a crime to refuse to answer questions.
You do not have to talk to anyone even if you've been arrested.
4.
If you do not understand English, state clearly and repeat
as many times as necessary, “I don’t understand English”/ “No hablo Ingles.” DO
NOT ATTEMPT TO TALK TO THE OFFICER IF YOU DO NOT UNDERSTAND WHAT HE IS SAYING.
DO NOT NOD YOUR HEAD “YES,” IF YOU DO NOT UNDERSTAND.
Most
Missouri local law enforcement is subject to a requirement under federal law to
provide translation services to persons who have limited English
proficiency. ALWAYS ASK FOR A TRANSLATOR
AND REMAIN QUIET UNTIL LAW ENFORCEMENT RESPONDS TO YOUR REQUEST! Only if you are arrested for a criminal
violation, do you have a CLEAR and UNEQUIVOCAL right to an interpreter. You always have the right to an attorney,
who can provide you with translation services.
Always have with you the name and phone number of an attorney who will
return your calls and someone who can interpret for you.
5.
You have the right to talk to a lawyer before you answer any
questions. EXERCISE THAT RIGHT!
6.
If you decide to speak with a law enforcement officer keep
in mind anything you say to the police can be used against you and others. If you give him false or untruthful
information such as a different name, provide false identification, or alter
the facts of what happened, you may be charged with the crime of obstructing an
officer and you may be arrested. This is punishable by a fine and jail.
7.
YOU CAN AT ANY POINT IN TIME DECIDE NOT TO ANSWER ANY MORE
QUESTIONS AND ASK FOR A LAWYER.
8.
The police can pat down the outside of your clothing if they
suspect you might be dangerous, but if they search more than this say, "I
do not consent to a search." but do not try to stop the officer.
9.
If the police stop you in your car show them your license,
vehicle registration and proof of insurance.
You must have these on you at all times when driving. Do not make any sudden moves. Ask permission
from the police officer before you search your pockets or the glove
compartment. If you do not have these documents, tell the officer immediately
and wait to be ticketed. Do not say anything more except in relation to these
offenses.
10.
You do not have to consent if the police ask to search your
car, but if the police suspect you of breaking the law, your car can be
searched without your consent. Again, if
you object, clearly say, "I do not consent to a search." but do not
try to stop the officer.
11.
What if you are not a citizen? The law requires that you carry many types of
immigration papers with you at all times.
If you do not have these with you, you may be arrested. Local police do not have the power to enforce
federal immigration laws only INS is so empowered. However, local police may inquire about your
immigration status if is in relation to their investigation of a criminal
offense. It is important that you not
provide false information with respect to the criminal offense that local law
enforcement is investigating. You should
not volunteer information about your immigration status until you have
consulted an attorney.
12.
Even if you are undocumented, always demand your rights. Do
not sign any papers giving away your rights even if you are told that things
will go easier for you until you have consulted an attorney or a knowledgeable
person of your confidence. Always have with you the name and phone number of a
lawyer who will answer your telephone calls/
13.
You do have the right to talk to a lawyer, whether you are
documented or not. However, you are
responsible for hiring the attorney. Lists of local free organizations and
their lawyers are also available at each INS local office.
14.
Do not attempt to give law enforcement officers money. To
attempt to bribe a police officer is a felony and will aggravate your legal
problems.
15.
If you are the victim of a crime, you should contact the
police in your community. If you speak Spanish, tell them when you call that
you need a translator to assist you in your making a complaint.
1.
It is illegal and a crime for a parent or any one providing
care to a minor child to withhold appropriate care for the child so as to
endanger that child’s health or safety. It is illegal and a crime for a parent
to knowingly allow a child to be abused or mistreated by another person. This
includes allowing a child to have sexual contact with another person, adult or
child. Appropriate care is food, clothing, shelter, hygiene and supervision.
2. It is illegal and a crime for any person to intentionally offer anything of value to commit an act of sexual gratification, have non-marital sexual intercourse or have sexual contact.
3.
It is illegal and a crime to engage in violent, abusive,
indecent, profane, boisterous, unreasonably loud or otherwise disorderly
conduct when such conduct tends to cause or provoke a disturbance. Such conduct
may include slapping, hitting, kicking, choking, pushing, threatening to
injure, threatening to kill, damaging property which are all examples of
conduct which may be criminal.
4.
A person commits the crime of peace disturbance if they
unreasonably and knowingly disturb or alarm persons by a loud noise, offensive
language a face-to-face, threats, fighting or creating an offensive odor. If you hold social gatherings outside of your
apartment in common areas, neighbors may call the police and complain that you
are disturbing the peace. The police may
arrest you. If this happens, quickly
agree to cease any of the activity that may constitute a peace disturbance, and
be polite to the police officer.
5.
If you are given a subpoena to appear in court as a witness
to a case and you fail to appear, the court may order a warrant for your arrest
and order the police to arrest you and bring you to court.
H. Housing
1.
A written lease or rental agreement isn't legally required,
unless you have a fixed term that is longer than one year. It is always a good idea to have a written
agreement, signed by both landlord and tenant, in order to prevent disputes
about exactly what both parties agreed to.
2.
A written agreement should state both your responsibilities
and those of your landlord. This includes who repairs broken appliances. Make
sure any changes are in writing and signed by both of you.
3.
An oral agreement is only good for month-to-month. Either
you or the landlord can end the agreement at any time with only one month's
written notice.
4.
A landlord cannot ask for more than two months' rent for
your security deposit. The landlord may keep part or all of that deposit to pay
for damages to the property, any remaining amount must be returned to you
within 30 days. The landlord MUST give you a list of the damages that are being
deducted from your security deposit. If you feel that the landlord is wrongly
charging you for damages and taking it from your deposit, you have the right to
sue.
5.
It is illegal for a landlord to shut off utilities, unless
it is for health or safety reasons.
6.
Not paying rent because of repairs that the landlord has not
done will get you evicted. Notify the
landlord in writing of repairs that need to be done and insist that the
landlord comply with obligations to provide safe and habitable housing under
the lease agreement.
7.
If your home is unsafe, you should notify your landlord
immediately and detail in writing the conditions that you believe are unsafe.
If your landlord fails to respond, contact the local housing authorities or the
local health authorities immediately. Your landlord cannot evict you for filing
a complaint.
8.
Local zoning may prohibit two unrelated families from
sharing an apartment. Also, Missouri law allows only two persons per bedroom,
with the exception of children born during the lease period.
9.
A landlord cannot evict you without a court order. A
landlord can begin court proceedings if you damage the property, violate any of
the terms in the lease, refuse to pay rent, have any drug or criminal activity,
refuse to move out when the lease is up, or injure the landlord or another
renter. You will get the chance to speak in court before the landlord can evict
you.
10.
If
you feel that your landlord is charging a higher rent, or refusing to rent to
you, or falsely saying that the property is no longer available because of your
race, color, religion, sex, disability, national origin or family relationship
please contact local housing authorities, the Kansas City Housing and Urban
Development Office, or the Missouri Attorney General. This is discrimination
and it is illegal.
I. Education
1.
Whether you are documented or not, or your children are
documented or not, they are entitled to the same education as other children.
You do not have to provide social security or immigration identification when
you enroll your children in public schools.
2.
If your children do not speak English, by law your local
school must provide "equal educational opportunities to children and youth
of limited English proficiency."
31
In the United States parents are very involved with the
schools that their children attend. You
should monitor what type of educational opportunities your school provides your
children and you should insist that the education that your children get is
EQUAL to that which children who speak English.
Parents who believe as you do that their children are not getting the
right kind of education should organize and contact your local school's PTA
(Parents Teachers Association) and the main office of your school
district. You may also ask to meet with
your local school principal if you feel that your children’s teacher is not
teaching your children what they need to know to meet their educational goals.
Contact LULAC-NESC in Kansas City for information about how to make your local
school more responsive to your children’s educational needs.
J. Health
1.
If your job does not provide you with health care, Missouri
has free clinics all over the state. Contact the Regional Health Office to find
the clinic nearest to you.
2.
The law requires emergency rooms to provide you with medical
care in “life threatening situations.” You must make clear to attending health
care professionals why your health care need may result in loss of life.
3.
To get medical care, you do not need to provide
identification or a social security number. This includes emergency rooms, free
health clinics and doctors’ offices.
4.
Hospitals and doctors that accept MEDICARE must provide
“meaningful access” to
Limited English
Proficient persons. If you do not speak English well and need help explaining
your medical symptoms, ask for an interpreter. If the doctor does not
understand you or you do not understand her, it can lead misdiagnosis and wrong
information on treatment.
J. Domestic Conflict
1. Domestic violence
against a spouse, girlfriend or common law wife is illegal in Missouri. You will likely be arrested if the police are
called. Domestic violence includes: hitting, kicking, slapping, throwing
things, threatening physical harm (with or without a weapon), coercing someone
to do something or refrain from doing something by threats or use of force,
harassing (causing emotional distress by lingering at your home, peering in
windows, following you, etc.), forcing or attempting to force someone to engage
in any sexual act, or holding someone against their will. Domestic violence
also includes placing someone in fear of imminent serious bodily harm by threat
of force. This includes threats of violence; or other conduct that would cause
a reasonable person to suffer substantial emotional distress, like "I will
hit you", "if you leave, I will hurt you," or "if you tell
anyone, I will kill you," so long as the act actually causes substantial
emotional distress. Domestic violence
also includes any kind of computer-assisted harassment
2. If you are
experiencing domestic violence, you can obtain an order issued by a court
restraining your husband or boyfriend from coming in contact with you. You do
not need a lawyer. Someone at your local courthouse can assist you.
2.
If your domestic abuser has legal immigration papers and you
do not, you can still obtain a restraining order. As the law currently stands, INS will not
detain you if you do not have immigration papers and you file a legal complaint
against an abuser.
1. Children are also
protected against violence, which does not include discipline administered in a
reasonable manner. Child abuse is any physical injury, sexual abuse or emotional
harm inflicted on a child other than by accidental means by an adult household
member. The abused children need not be the children of the abuser in order to
file a child abuse petition.
K. Employment
1.
The Fair Labor Standards Act (FLSA) and the Migrant and
Seasonal Agricultural
Worker
Protection Act (MSPA) requires employers to pay covered employees a minimum
wage and, in general, time and a half an employee's regular rate of pay for
overtime hours. The MSPA requires employers and farm labor contractors to pay
the wages owed to migrant or seasonal agricultural workers when the payments
are due.
FLSA exempts
agricultural workers from overtime premium pay, but requires the payment of the
minimum wage to workers employed on larger farms (farms employing more than
approximately seven full-time workers.) Employers must keep records on wages,
hours and other information.
An employer may try to avoid the application of these laws by calling you an independent contractor. If that happens and your so-called independent contract means that you are being paid below minimum wage for work done, consult an attorney immediately or try to find another job as soon as possible. This employer is trying to avoid compliance with laws that protect workers.
It is illegal for
employers to falsify or otherwise alter records of employee wages or hours, or
to retaliate against employees for complaints filed with public agencies.
1.
An employer can require you to work more than 8 hours per
day and more than 40 hours per week but the employer is required by law to pay
overtime compensation for any work done beyond 40 hours in a 7 day time period.
Keep your own record of overtime work, and ask the personnel office to
reconcile any discrepancies.
1.
An employer can require you to work more than 8 hours per
day and more than 40 hours per week but the employer is required by law to pay
overtime compensation for any work beyond 40 hours in a 7 day time period. Keep your own record of overtime work. Ask the personnel office to reconcile any
discrepancies. If your employer refuses
to comply with the law, file a complaint with the Dept of Labor.
2.
Your employer can cut your hourly rate of pay, but Missouri
law requires that your employer give you
30 days advance written notice of a reduction in your wages and salary.
3.
Under Occupational Safety and Health Administration (OSHA)
regulations, you have a legal right to ask your employer for equipment that
will make your job safer. You can
respond to questions from an OSHA inspector and point out hazards to the
inspector, including telling the inspector about past accidents or illnesses
and informing the inspector if your employer has temporarily eliminated hazards
during the inspection. You have a legal right to file complaints with OSHA and
talk to OSHA inspectors. You do not have to give your name in the OSHA
complaint. It is illegal for your
employer to retaliate against you for asking for a safe and healthy workplace
or answering questions from OSHA.
4.
There is no law that requires or regulates whether an
employer MUST provide a break for lunch,
smoking or coffee. However, if you
belong to a union, the union may be able to negotiate for breaks and other improvements
in your working conditions with your employer
5.
If you have worked for at least one year, then you may be
eligible for the Family and Medical Leave Act, which allows you time off if you
are ill. The Family and Medical Leave Act requires employers of 50 or more
employees to give up to 12 weeks of unpaid, job-protected leave to eligible
employees for the birth or adoption of a child or for the serious illness of
the employee or a spouse, child or parent.
6.
Sexual abuse, harassment or rape by your supervisor is
against the law. File a complaint with
the EEOC, who will investigate.
7.
In the United States, an employer can fire you at any time
for any reason as long as it is not because of discrimination because of your
race, ethnicity or national origin. The
EEOC is in charge of ensuring that discrimination laws are not violated by
employers.
L. Phone Numbers of Interest
General
Emergency - Migrant Hotline - 1 (800) 234-8848
Missouri Attorney General: 1 (573) 751-3321
ALIANZAS, Kansas City: 1 (816) 235-5840
LULAC NESC, Kansas City: 1 (816) 561-0227
MALDEF, Chicago: 1(312) 782-1422
Legal
Legal Aid of Western Missouri - 1 (816) 474-6750
Legal Aid of Southern Missouri -1 (800) 444-4863
Missouri Commission on Human Rights:
Springfield -
417-895-5620
Jefferson City -
573-751-3325
Sikeston -
573-472-5320
American Civil Liberties Union (ACLU) - 1 (212) 549-2500
Employment
Equal Employment Opportunity Commission - 1 (800) 669-4000
Missouri Department of Labor and Industrial Relations -
Division of Labor Standards -
1 (800) 475-2130
Housing
U.S. Department of Housing and Urban Development - Housing
Discrimination hot line -
1 (800) 669-9777
Education
National Migrant Education Hotline - 1 (800) 234-8848
Healthcare - Health Office Districts
DHSS
Central Office - Jefferson City (573)
751-6001
Southwestern
District Health Office - Springfield (417) 895-6900
Southeastern
District Health Office - Poplar Bluff (573) 840-9720
Eastern
District Health Office - St. Louis (314) 877-2800
Northwestern
District Health Office - Independence (816) 350 5400
Northeastern
District Health Office - Macon (660) 385-3125
National
Domestic Violence Hotline (800) 799-SAFE
Mid
Missouri Crisis Line (888) 761-4357
Resource
Center on Domestic Violence (800 527-3223
Family Violence Clinic at University of Missouri-Columbia
School of Law
(800) 270-8511