reglab/statecodes huggingface dataset:
2023 Missouri Revised Statutes › Title XVIII - Labor and Industrial Relations › Chapter 288 - Employment Security › Section 288.150 - Unpaid contributions, interest rate due, abatement during extensions — exceptions.

Title XVIII LABOR AND INDUSTRIAL RELATIONS
Chapter 288
• Effective - 01 Jan 1999, 2 histories, see footnote
288.150. Unpaid contributions, interest rate due, abatement during extensions — exceptions. —
Contributions unpaid for any quarter which become due and payable after the last day of the calendar quarter in which this act became
*
effective (August 28, 1994) shall bear interest at the rate established by the Internal Revenue Code pursuant to Title 26, Section 6621(b), in effect on the date on which such contribution became due, provided, however, that such interest shall abate for any period of any extension of time granted by the division pursuant to the provisions of section 288.090. Such interest shall accrue for each month, or part of a month, after such date until payment is received by the division, except that:
(1) An employing unit not previously subject to this law, which becomes an employer and does not refuse to make the reports required under this law shall not be liable for such interest until thirty days after it has been notified that the division has made a determination that it is an employer subject to this law; or
(2) An employing unit previously subject to this law, which acquires substantially all of the business of an employer under section 288.110 and whose contribution rate increases after the accounts were combined and does not refuse to make the reports required under this law shall not be liable for such interest until thirty days after it has been notified that the division has made a determination that it is a successor employer under this chapter.
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(L. 1951 p. 564, A.L. 1982 H.B. 1521, A.L. 1994 S.B. 559, A.L. 1998 S.B. 922)
Effective 1-01-99
*Word "becomes" appears in original rolls.
2023 Missouri Revised Statutes › Title XVIII - Labor and Industrial Relations › Chapter 288 - Employment Security › Section 288.170 - Collection of delinquent contributions.

Title XVIII LABOR AND INDUSTRIAL RELATIONS
Chapter 288
• Effective - 28 Aug 1951, 2 histories
288.170. Collection of delinquent contributions. —
1. In any case in which any contributions, interest or penalties imposed under this law are not paid when due and the assessment of which has become final, the division may file for record in the office of the clerk of the circuit court in the county in which the employer owing said contributions, interest or penalties resides, or has his place of business, or any other county in which he has property, or all of them, a certificate specifying the amount of the contributions, interest and penalties due and the name of the employer liable for the same and it shall be the duty of the clerk of the circuit court to file such certificate of record and enter the same in the record of the circuit court for judgments and decrees under the procedure prescribed for filing transcripts of judgments. From the time of the filing of such certificate, the amount of the contributions, interest and penalties specified therein shall have the force and effect of a judgment of the circuit court until the same is satisfied by the division through its duly authorized agents. Execution shall be issuable at the request of the division, its agent or attorney as is provided in the case of other judgments. No exemption shall be allowed from the levy of an execution issued for such contributions, interest and penalties and no indemnifying bond shall be required by the sheriff before making levy.
2. If any employer defaults in the payment of contributions, interest, or penalties the amount due shall be collected by civil action in the name of the division. Such suit shall be brought in the county wherein the employer resides or has a place of business or agent for the transaction of business in this state or where he or it may be found, and the employer adjudged in default shall pay the cost of such action. Any civil action brought under this law shall be heard by the court at the earliest possible date and shall be entitled to preference on the calendar of the court over all other civil actions except petitions for judicial review under this law and cases arising under the workmen's compensation law of this state. If any employer shall fail to resort to the remedy herein provided for reassessment of any contributions, interest or penalties within the time as provided herein, such employer shall thereafter be precluded from asserting any defense in a direct suit for the collection of the contributions.
3. The foregoing remedies shall be cumulative and no action taken shall be construed as an election on the part of the state or any of its officers to pursue any remedy or action hereunder to the exclusion of any other remedy or action for which provision is made.
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(L. 1951 p. 564 § 288.150)
2023 Missouri Revised Statutes › Title XVIII - Labor and Industrial Relations › Chapter 288 - Employment Security › Section 288.175 - Debtor's federal income tax refund may be intercepted — debt defined — debtor defined — use of collection agencies authorized.

Title XVIII LABOR AND INDUSTRIAL RELATIONS
Chapter 288
• Effective - 01 Oct 2006, 2 histories, see footnote
288.175. Debtor's federal income tax refund may be intercepted — debt defined — debtor defined — use of collection agencies authorized. —
1. Notwithstanding any other provisions to the contrary, the division may collect any debt by interception of the debtor's federal income tax refund, in the manner and to the extent allowed by federal law.
2.
"Debt"
shall mean any established overpayment or sum past due that is legally owed and enforceable under the Missouri employment security law, which has accrued through contract or operation of law and which has become final under state law and remains uncollected.
3.
"Debtor"
shall mean any individual, sole proprietorship, partnership, corporation, limited liability company, or other legal entity owing a debt.
4. The division may utilize collection agencies to collect any debt as defined in this section to the extent and manner allowed by federal law.
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(L. 2004 H.B. 1268 & 1211, A.L. 2006 H.B. 1456)
Effective 10-01-06
2023 Missouri Revised Statutes › Title XVIII - Labor and Industrial Relations › Chapter 288 - Employment Security › Section 288.180 - Compromise of delinquent contributions.

Title XVIII LABOR AND INDUSTRIAL RELATIONS
Chapter 288
• Effective - 28 Aug 1951, 2 histories
288.180. Compromise of delinquent contributions. —
In any case in which the director finds, upon consideration of a sworn financial statement and through such other investigation as is deemed necessary, that an employer or a former employer who no longer conducts an active business, has insufficient net assets to pay the full amount of all contributions, interest, or penalties that may be due, and where such employer or former employer can pay some but not all of such amount, the director may agree to accept any amount he finds reasonable under the circumstances, as consideration for the settlement of the full amount of contributions, interest or penalties due, if he is satisfied that failure to accept such amount would result in the loss of opportunity to collect any substantial portion of the contributions, interest or penalties. Wherever such an agreement is made there shall be placed in the division's files a statement of the full amount of the contributions, interest or penalties, the amount paid as consideration under the terms of the agreement, and the reason for the agreement. Any such agreement shall be final and conclusive as to the matters agreed upon except upon a showing of fraud, or malfeasance, or misrepresentation of a material fact.
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(L. 1951 p. 564 § 288.150)
2023 Missouri Revised Statutes › Title XVIII - Labor and Industrial Relations › Chapter 288 - Employment Security › Section 288.200 - Appeals to labor and industrial relations commission.

Title XVIII LABOR AND INDUSTRIAL RELATIONS
Chapter 288
• Effective - 28 Aug 1996, 2 histories
288.200. Appeals to labor and industrial relations commission. —
1. Any of the parties (including the division) to any decision of an appeals tribunal, may file with the commission within thirty days following the date of notification or mailing of such decision, an application to have such decision reviewed by the commission. The commission may allow or deny an application for review. If an application is allowed, the commission may affirm, modify, reverse, or set aside the decision of the appeals tribunal on the basis of the evidence previously submitted in such case or may take additional evidence or may remand the matter to the appeals tribunal with directions. Any additional hearing shall be conducted in accordance with the requirements of subsection 2 of section 288.190. The commission shall promptly notify the parties of its decision and its reasons therefor. If an application for review is denied, the decision of the appeals tribunal shall be deemed to be the decision of the commission for the purpose of judicial review and shall be subject to judicial review within the time and in the manner provided for with respect to decisions of the commission except that the time limitations shall run from the date of notice of the order of the commission denying the application for review.
2. Any decision of the commission shall become final ten days after the date of notification or mailing thereof to the parties. Any right, fact or matter in issue, directly based upon or necessarily involved in a determination or redetermination which has become final or in a decision on appeal which has become final, shall be conclusive with respect to the parties who had notice of such determination, redetermination, or decision for all the purposes of the employment security law in any other proceeding; except that, the commission may on its own motion and by a written decision reconsider any determination or redetermination or decision wherein any such right, fact or matter at issue was determined or necessarily involved when it appears that such reconsideration is essential to accomplish the object and purposes of the law. Judicial review of any decision of the commission shall be permitted only after the party claiming to be aggrieved thereby has exhausted the administrative remedies as provided by this law and the rules and regulations of the division.
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(L. 1951 p. 564 § 288.170, A.L. 1984 H.B. 1251 & 1549, A.L. 1992 S.B. 626, A.L. 1996 H.B. 1368)
2023 Missouri Revised Statutes › Title XVIII - Labor and Industrial Relations › Chapter 288 - Employment Security › Section 288.210 - Judicial review of decisions of industrial commission, grounds — division to be a party, when.

Title XVIII LABOR AND INDUSTRIAL RELATIONS
Chapter 288
• Effective - 28 Aug 1995, 2 histories
288.210. Judicial review of decisions of industrial commission, grounds — division to be a party, when. —
Within twenty days after a decision of the commission has become final, the director or any party aggrieved by such decision may appeal the decision to the appellate court having jurisdiction in the area where the claimant or any one of the claimants reside. In such cases involving a claimant who is not a resident of this state, and in all cases not involving a claimant, the Missouri court of appeals for the western district shall have jurisdiction of the appeal. Such appeal may be taken by filing notice of appeal with the commission, whereupon the commission shall, under its certificate, return to the court all documents and papers filed in the matter, together with a transcript of the evidence, the findings and the award, which shall become the record of the cause. The commission shall notify the division of the commencement of the appeal, and, upon receipt of such notice, the division shall be a party to any judicial action involving any such decision and may be represented by any qualified attorney who may be employed or appointed by the director and designated by the director for this purpose. Upon appeal no additional evidence shall be heard. The findings of the commission as to the facts, if supported by competent and substantial evidence and in the absence of fraud, shall be conclusive, and the jurisdiction of the appellate court shall be confined to questions of law. The court, on appeal, may modify, reverse, remand for rehearing, or set aside the decision of the commission on the following grounds and no other:
(1) That the commission acted without or in excess of its powers;
(2) That the decision was procured by fraud;
(3) That the facts found by the commission do not support the award; or
(4) That there was no sufficient competent evidence in the record to warrant the making of the award. An appeal shall not act as a supersedeas or stay unless the commission shall so order.
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(L. 1951 p. 564 § 288.180, A.L. 1961 p. 435, A.L. 1978 H.B. 1634, A.L. 1985 H.B. 373, A.L. 1995 H.B. 300 & 95)
(2005) Claimant's unsigned letter to Division of Employment Security's Appeals Tribunal constitutes valid notice of appeal from the deputy's determination. Rector v. Kelly, 183 S.W.3d 256 (Mo.App.W.D.).
2023 Missouri Revised Statutes › Title XVIII - Labor and Industrial Relations › Chapter 288 - Employment Security › Section 288.215 - Finding of fact, conclusion of law, judgment or order not conclusive or binding, when — use of evidence in other proceedings.

Title XVIII LABOR AND INDUSTRIAL RELATIONS
Chapter 288
• Effective - 01 Mar 1988, see footnote
288.215. Finding of fact, conclusion of law, judgment or order not conclusive or binding, when — use of evidence in other proceedings. —
1. Any finding of fact, conclusion of law, judgment or order made by an appeals tribunal, the labor and industrial relations commission or any person with the authority to make findings of fact or law in any proceeding under this chapter shall not be conclusive or binding in any separate or subsequent action not brought under this chapter, and shall not be used as evidence in any subsequent or separate action not brought under this chapter, before an arbitrator, commissioner, commission, administrative law judge, judge or court of this state or of the United States, regardless of whether the prior action was between the same or related parties or involved the same facts.
2. Any finding of fact, conclusion of law, judgment or order made by an arbitrator, commissioner, commission, administrative law judge, judge or any other person or body with authority to make findings of fact or law in any proceeding not brought under this chapter shall not be binding or conclusive on an appeals tribunal or the labor and industrial relations commission in any subsequent or separate proceeding brought under this chapter, regardless of whether the prior action was between the same or related parties or involved the same facts.
3. Nothing in subsection 1 of this section shall be construed to prevent the use of evidence presented in any proceeding under this chapter in any other proceeding not brought under this chapter.
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(L. 1988 H.B. 1485)
Effective 3-01-88
2023 Missouri Revised Statutes › Title XVIII - Labor and Industrial Relations › Chapter 288 - Employment Security › Section 288.222 - Resume retrieval program, division may administer, charge fees — general assembly may appropriate funds for program.

Title XVIII LABOR AND INDUSTRIAL RELATIONS
Chapter 288
• Effective - 28 Aug 1991
288.222. Resume retrieval program, division may administer, charge fees — general assembly may appropriate funds for program. —
The division of employment security of the department of labor and industrial relations may continue administering the resume retrieval program, formerly funded by federal grants, to the same extent as such program has been provided prior to August 28, 1991. The division of employment security may charge fees in connection with services provided by the resume retrieval program sufficient to cover costs of administration of the program. The general assembly may appropriate funds to administer the resume retrieval program.
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(L. 1991 H.B. 422, et al. § 1)
2023 Missouri Revised Statutes › Title XVIII - Labor and Industrial Relations › Chapter 288 - Employment Security › Section 288.230 - Power to subpoena records and witnesses — mileage and per diem for witnesses — witness's right against self-incrimination, procedure to claim, effect.

Title XVIII LABOR AND INDUSTRIAL RELATIONS
Chapter 288
• Effective - 28 Aug 1951, 2 histories
288.230. Power to subpoena records and witnesses — mileage and per diem for witnesses — witness's right against self-incrimination, procedure to claim, effect. —
1. In the discharge of the duties imposed by this law, the director, the commission, an appeals tribunal, and any duly authorized representative of any of them shall have power to administer oaths and affirmations, take depositions, certify to official acts, and issue subpoenas to compel the attendance of witnesses and the production of books, papers, correspondence, memoranda, and other records deemed necessary as evidence in connection with a disputed determination or any other phase of the administration of this law. Witnesses subpoenaed pursuant to this subsection shall be allowed mileage and per diem at a rate fixed by the division. Such fees shall be deemed a part of the expense of administering this law.
2. No person shall be excused from attending and testifying or from producing books, papers, correspondence, memoranda and other records before the director, the commission, an appeals tribunal, or any duly authorized representative of any of them on the ground that the testimony or evidence, documentary or otherwise, required of him may tend to incriminate him or subject him to a penalty or forfeiture; but no individual shall be prosecuted or subjected to any penalty or forfeiture for or on account of any transaction, matter, or thing concerning which he is compelled, after having claimed his privilege against self-incrimination, to testify or produce evidence, documentary or otherwise, except that such individual so testifying shall not be exempt from prosecution and punishment for perjury committed in so testifying.
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(L. 1951 p. 564 § 288.190)
2023 Missouri Revised Statutes › Title XVIII - Labor and Industrial Relations › Chapter 288 - Employment Security › Section 288.240 - Papers, deemed filed, when.

Title XVIII LABOR AND INDUSTRIAL RELATIONS
Chapter 288
• Effective - 28 Aug 1984, 2 histories
288.240. Papers, deemed filed, when. —
Any notice of appeal, application or other paper required under this law to be filed with the division or the commission shall, when mailed to and received by the division or the commission, be deemed to be filed as of the date endorsed by the United States post office on the envelope or container in which such paper is received. In instances where the last day for the filing of any such paper falls on a Saturday, Sunday, or legal holiday, the filing shall be deemed timely if accomplished on the next day which is neither a Saturday, Sunday, nor a legal holiday.
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(L. 1951 p. 564 § 288.190, A.L. 1957 p. 531, A.L. 1984 H.B. 1251 & 1549)
2023 Missouri Revised Statutes › Title XVIII - Labor and Industrial Relations › Chapter 288 - Employment Security › Section 288.245 - Records of division constitute evidence of date of mailing or electronic transmission.

Title XVIII LABOR AND INDUSTRIAL RELATIONS
Chapter 288
• Effective - 28 Aug 2019, 2 histories
288.245. Records of division constitute evidence of date of mailing or electronic transmission. —
The records of the division shall constitute prima facie evidence of the date of mailing or the date of electronic transmission of any notice, determination or other paper mailed or electronically transmitted under this chapter.
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(L. 1993 H.B. 502, A.L. 2019 S.B. 90)
2023 Missouri Revised Statutes › Title XVIII - Labor and Industrial Relations › Chapter 288 - Employment Security › Section 288.247 - Electronic document transmission and filing requirements — investigations of protested issues and fraud, appeals decided.

Title XVIII LABOR AND INDUSTRIAL RELATIONS
Chapter 288
• Effective - 28 Aug 2019
288.247. Electronic document transmission and filing requirements — investigations of protested issues and fraud, appeals decided. —
1. Except as otherwise required by law, any notice, determination, decision, or other paper required to be mailed by the division to an employing unit or claimant under this chapter may be transmitted solely by electronic means to any employing unit or claimant, unless an alternative method of transmittal is requested by the employing unit or claimant. The date the division transmits such notice, determination, decision, or other paper shall be the date of mailing or notification.
2. Any protest, notice of appeal, or other paper required to be filed with the division under this chapter may be filed by electronic means to the website specified by the division. The date and time of receipt shall be determined by the division's computer system.
3. Any function required to be performed by a representative of the division under this chapter may be performed by the computer or other automated means programmed and tested by a representative of the division, office of administration, or a vendor retained to perform such programming under the direction of the division or office of administration. However, any issue raised by an employer in a timely protest and any issue of fraud under section 288.380 shall be decided by a deputy of the division after investigation. Further, any appeal to a determination issued by the division or deputy shall be decided by an order or decision of an appeals referee after an opportunity for a fair hearing as provided in section 288.190.
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(L. 2019 S.B. 90)
2023 Missouri Revised Statutes › Title XVIII - Labor and Industrial Relations › Chapter 288 - Employment Security › Section 288.250 - Records confidential — privileged communications — violation, penalty.

Title XVIII LABOR AND INDUSTRIAL RELATIONS
Chapter 288
• Effective - 01 Jan 2017, 3 histories, see footnote
288.250. Records confidential — privileged communications — violation, penalty. —
1. Information obtained from any employing unit or individual pursuant to the administration of this law shall be held confidential and shall not be published, further disclosed, or be open to public inspection in any manner revealing the individual's or employing unit's identity, but any claimant or employing unit or their authorized representative shall be supplied with information from the division's records to the extent necessary for the proper preparation and presentation of any claim for unemployment compensation benefits or protest of employer liability. Further, upon receipt of a written request from a claimant or his or her authorized representative, the division shall supply information previously submitted to the division by the claimant, the claimant's wage history and the claimant's benefit payment history. In addition, upon receipt of a written request from an authorized representative of an employing unit, the division shall supply information previously submitted to the division by the employing unit, and information concerning the payment of benefits from the employer's account and the unemployment compensation fund, including amounts paid to specific claimants. A state or federal official or agency may receive disclosures to the extent required by federal law. In the division's discretion, any other party may receive disclosures to the extent authorized by state and federal law. Any information obtained by the division in the administration of this law shall be privileged and no individual or type of organization shall be held liable for slander or libel on account of any such information.
2. Any person who intentionally discloses or otherwise fails to protect confidential information in violation of this section shall be guilty of a class A misdemeanor. For a second or subsequent violation, the person shall be guilty of a class E felony.
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(L. 1951 p. 564 § 288.190, A.L. 1979 S.B. 477, A.L. 1997 S.B. 361, A.L. 2008 H.B. 2041, A.L. 2014 S.B. 491)
Effective 1-01-17
(1980) Language referring to "a way of strict necessity" must refer to a standard determining the necessity for widening in order to give the language any meaning. Reed v. Jones (A.), 594 S.W.2d 339.
2023 Missouri Revised Statutes › Title XVIII - Labor and Industrial Relations › Chapter 288 - Employment Security › Section 288.251 - Cooperation with not-for-profit agencies authorized.

Title XVIII LABOR AND INDUSTRIAL RELATIONS
Chapter 288
• Effective - 28 Aug 1969
288.251. Cooperation with not-for-profit agencies authorized. —
Notwithstanding the provisions of section 288.250, the division may enter into arrangements, share and exchange information pertaining to job opportunities with appropriate not-for-profit agencies engaged in programs to promote the employment and reemployment of unemployed and underemployed workers throughout the state, and to these ends to carry on investigations and research studies and publish the results thereof.
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(L. 1969 S.B. 108)
2023 Missouri Revised Statutes › Title XVIII - Labor and Industrial Relations › Chapter 288 - Employment Security › Section 288.260 - Annual report.

Title XVIII LABOR AND INDUSTRIAL RELATIONS
Chapter 288
• Effective - 28 Aug 1995, 2 histories
288.260. Annual report. —
The director shall prepare a report for the director of the department of labor and industrial relations and the report shall be submitted by the director of the department of labor and industrial relations to the governor and to the commission no later than the fifteenth day of December of each year. The report shall cover the administration and operation of this law during the preceding fiscal year ending June thirtieth and shall make such recommendations for amendments to this law as the director of the department of labor and industrial relations deems proper.
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(L. 1951 p. 564 § 288.190, A.L. 1995 H.B. 300 & 95)
2023 Missouri Revised Statutes › Title XVIII - Labor and Industrial Relations › Chapter 288 - Employment Security › Section 288.300 - Unemployment compensation administration fund, administration and disbursement.

Title XVIII LABOR AND INDUSTRIAL RELATIONS
Chapter 288
• Effective - 01 Mar 1988, 2 histories, see footnote
288.300. Unemployment compensation administration fund, administration and disbursement. —
1. There is hereby created in the state treasury a special fund to be known as the "Unemployment Compensation Administration Fund". All moneys in this fund shall be continuously available to the division for expenditure in accordance with the provisions of this law, and shall not lapse at any time or be transferred to any other fund, and shall be expended solely for the purpose of defraying the cost of the administration of this law, and for no other purpose whatsoever. The fund shall consist of all moneys appropriated by this state, and all moneys received from the United States of America, or any agency thereof, or from any other source, for such purpose, and shall also include any moneys received from any agency of the United States or any other state as compensation for services or facilities supplied to such agency, any amounts received pursuant to any surety bond or insurance policy or from other sources from losses sustained by the unemployment compensation administration fund or by reason of damages to equipment or supplies purchased from moneys in such fund and any proceeds realized from the sale or disposition from any such equipment or supplies which may no longer be necessary for the proper administration of this law. Notwithstanding any provision of this section, all money requisitioned and deposited in this fund pursuant to subdivision (3) of subsection 5 of section 288.290 shall remain part of the unemployment compensation fund and shall be used only in accordance with the conditions specified in subsection 5 of section 288.290. All moneys in this fund shall be deposited, administered and disbursed, in the same manner and under the same conditions and requirements as is provided by law, for other special funds in the state treasury. The state treasurer shall be liable on his official bond for the faithful performance of his duties in connection with the unemployment compensation administration fund.
2. Upon the request of the division, with the written consent of the director of the department of labor and industrial relations, the office of administration shall draw warrants payable to the duly appointed cashiers of the petty cash accounts of the division in an amount to be specified by the director of the division. The sum so specified shall be administered by the cashier as a revolving account to be used in the payment of incidental expenses of the area for which he has been appointed.
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(L. 1951 p. 564 § 288.200, A.L. 1957 p. 520, A.L. 1988 H.B. 1485)
Effective 3-01-88
2023 Missouri Revised Statutes › Title XVIII - Labor and Industrial Relations › Chapter 288 - Employment Security › Section 288.320 - Federal funds, how used — reimbursement, when authorized.

Title XVIII LABOR AND INDUSTRIAL RELATIONS
Chapter 288
• Effective - 28 Aug 1951, 2 histories
288.320. Federal funds, how used — reimbursement, when authorized. —
1. All moneys received pursuant to section 302 of the Federal Social Security Act (42 U.S.C.A. Sec. 502), as amended, shall be expended solely for the purposes and in the amounts necessary for the proper and efficient administration of the employment security law.
2. The state of Missouri hereby recognizes its obligation to replace in the unemployment compensation administration fund within a reasonable time, moneys received pursuant to section 302 of the Federal Social Security Act (42 U.S.C.A. Sec. 502), as amended, which have been lost or been expended for purposes other than or in amounts in excess of those found necessary by the Secretary of Labor for the proper administration of the employment security law, and that moneys received pursuant to said provision of the Social Security Act shall be expended solely for the purposes and in the amounts found necessary by the Secretary of Labor for the proper and efficient administration of the law.
3. If in the actual administration of the employment security law, a conflict develops between the provisions of this section and the provisions of section 288.340, the division is hereby directed to pursue appropriate means to test the constitutionality of section 303(a)(8) and (9) of the Federal Social Security Act (42 U.S.C.A. Sec. 503), it being the intention of this legislature that the provisions of this subsection shall be effective only so long as its provisions are in fact and law required in order that this state may continue to receive grants of funds to pay the cost of administering the employment security law.
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(L. 1951 p. 564 § 288.210)
2023 Missouri Revised Statutes › Title XVIII - Labor and Industrial Relations › Chapter 288 - Employment Security › Section 288.345 - Division may participate in federal comprehensive manpower programs.

Title XVIII LABOR AND INDUSTRIAL RELATIONS
Chapter 288
• Effective - 28 Aug 1975
288.345. Division may participate in federal comprehensive manpower programs. —
The division of employment security is authorized to participate in federal comprehensive manpower programs authorized by the United States Department of Labor and to pay allowances provided by such programs in the manner provided for payment of benefits in section 288.290.4, to execute on behalf of this state agreements or contracts with the appropriate federal agencies containing such provisions as may be necessary or desirable to enable this state to participate in such programs, to expend all funds made available for the purpose of such programs by this state or local subdivisions thereof or by the federal government, to supervise the expenditure of such funds and the conduct of such programs by other public and private agencies in this state, and to make such reports and certifications as are called for, and otherwise to cooperate with the federal government and its departments and agencies in the administration of such programs.
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(L. 1965 p. 437, A.L. 1975 S.B. 274)
2023 Missouri Revised Statutes › Title XVIII - Labor and Industrial Relations › Chapter 288 - Employment Security › Section 288.350 - Effect of amendments to related federal law.

Title XVIII LABOR AND INDUSTRIAL RELATIONS
Chapter 288
• Effective - 28 Aug 1951, 2 histories
288.350. Effect of amendments to related federal law. —
1. If the federal unemployment tax act is amended to permit a maximum rate of credit against said federal tax higher than the ninety percent maximum rate of credit now permitted under section 1601(c) of the Internal Revenue Code (26 U.S.C.A. Sec. 1601), to an employer with respect to any state unemployment insurance law whose standard contribution rate on payroll under said law is more than two and seven-tenths percent, in that event the standard contribution rate as to all employers under this law shall, by division rule, be increased from two and seven-tenths percent on payroll to that percentage on payroll which corresponds to the higher maximum rate of credit thus permitted against the federal unemployment tax; and such increase shall become effective on the same date as such higher maximum rate of credit becomes permissible under such federal amendment.
2. If section 303(a)(5) of Title III of the Federal Social Security Act (42 U.S.C.A. Sec. 503) and section 1603(a)(4) of the Internal Revenue Code (26 U.S.C.A. Sec. 1603) are amended to permit a state agency to use, in financing administrative expenditures incurred in carrying out its employment security functions, some part of the moneys collected or to be collected under a state unemployment insurance law, in partial or complete substitution for grants under said Title III, in that event this law shall, by division rule, be modified in the manner and to the extent and within the limits necessary to permit such use by the division under this law; and such modifications shall become effective on the same date as such use becomes permissible under such federal amendments.
3. If the tax imposed by Title IX of the Federal Social Security Act or any amendments thereto, or any other federal tax against which contributions under this law may be credited shall, for any cause become inoperative, with the result that no portion of the contributions required under this law may be credited against such federal tax, then this law by virtue of that fact shall be suspended from operation.
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(L. 1951 p. 564 § 288.230)
2023 Missouri Revised Statutes › Title XVIII - Labor and Industrial Relations › Chapter 288 - Employment Security › Section 288.360 - Records of division — reproduction, destruction, copies.

Title XVIII LABOR AND INDUSTRIAL RELATIONS
Chapter 288
• Effective - 28 Aug 1974, 2 histories
288.360. Records of division — reproduction, destruction, copies. —
1. The division may cause to be made such summaries, compilations, photographs, duplications or reproductions of any records, documents, instruments, proceedings, reports or transcripts thereof as it may deem advisable for the effective and economical preservation of the information contained therein, and such summaries, compilations, photographs, duplications or reproductions, duly authenticated or certified by the director or by an employee to whom such duty is delegated shall be admissible in any proceeding under this law or in any judicial proceeding, to the extent that the original record, document, instrument, proceeding, report or transcript thereof would have been admissible therein.
2. The division may provide by regulation for the destruction or disposition, after reasonable periods, of any records, documents, instruments, proceedings, reports or transcripts thereof or reproductions thereof or other papers in its custody, the preservation of which is no longer necessary for the establishment of the contribution liability or the benefit rights of any employing unit or individual or for any other purposes necessary for the proper administration of this law, whether or not such records, documents, instruments, proceedings, reports or transcripts thereof or other papers in its custody have been summarized, compiled, photographed, duplicated, reproduced or audited.
3. The division may prescribe by regulation the charges to be made for certified and uncertified copies of records, reports, decisions, transcripts or other papers or documents. All sums received in payment of such charges shall be promptly transmitted to and deposited in the unemployment compensation administration fund.
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(L. 1951 p. 564 § 288.240, A.L. 1965 p. 420, A.L. 1974 S.B. 448)
2023 Missouri Revised Statutes › Title XVIII - Labor and Industrial Relations › Chapter 288 - Employment Security › Section 288.370 - Law does not confer vested rights.

Title XVIII LABOR AND INDUSTRIAL RELATIONS
Chapter 288
• Effective - 28 Aug 1951, 2 histories
288.370. Law does not confer vested rights. —
The legislature reserves the right to amend or repeal all or any part of this law at any time; and there shall be no vested private right of any kind against such amendment or repeal. All the rights, privileges, or immunities conferred by this law or by acts done pursuant thereto shall exist subject to the power of the legislature to amend or repeal this law at any time.
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(L. 1951 p. 564 § 288.250)
2023 Missouri Revised Statutes › Title XVIII - Labor and Industrial Relations › Chapter 288 - Employment Security › Section 288.375 - Discharge for testifying prohibited, civil action for damages, statute of limitations.

Title XVIII LABOR AND INDUSTRIAL RELATIONS
Chapter 288
• Effective - 28 Aug 1994
288.375. Discharge for testifying prohibited, civil action for damages, statute of limitations. —
1. No employer or employing unit shall discharge, discipline or penalize any employee because the employee has testified on behalf of another employee in any proceeding under this chapter.
2. Any employer or employing unit who violates the provisions of this section shall be liable in a civil action for back pay lost by an employee as a result of the violation, and an employee discharged or demoted in violation of this section shall be entitled to be reinstated to his or her former or comparable position. The burden of proof shall be on the party claiming a violation to prove a claim under this section.
3. The statute of limitations for actions under this section shall be six months from the date testimony was provided by the employee on behalf of another employee.
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(L. 1994 S.B. 561)
2023 Missouri Revised Statutes › Title XVIII - Labor and Industrial Relations › Chapter 288 - Employment Security › Section 288.379 - Notice given to filer of claim, taxation of benefits — deducted amounts remain in trust fund until transference — division to follow procedures — order in which amounts are deducted.

Title XVIII LABOR AND INDUSTRIAL RELATIONS
Chapter 288
• Effective - 28 Aug 1996
288.379. Notice given to filer of claim, taxation of benefits — deducted amounts remain in trust fund until transference — division to follow procedures — order in which amounts are deducted. —
1. Beginning January 1, 1997, an individual filing a new or renewed unemployment compensation claim shall, at the time of filing such claim, be advised that:
(1) Unemployment compensation is subject to federal, state and local income tax;
(2) Requirements exist pertaining to estimated tax payments;
(3) The individual may elect to have federal income tax deducted and withheld from the individual's payment of unemployment compensation at the amount specified in the federal Internal Revenue Code; and
(4) The individual shall be permitted to change a previously elected withholding status.
2. Amounts deducted and withheld from unemployment compensation shall remain in the unemployment compensation trust fund until transferred to the federal, state or local taxing authority as a payment of income tax.
3. The division shall follow all procedures specified by the United States Department of Labor and the federal Internal Revenue Service pertaining to the deducting and withholding of income tax.
4. Amounts shall be deducted and withheld under this section only after amounts are deducted and withheld for any overpayments of unemployment compensation, child support obligations, food stamp overissuances or any other amounts required to be deducted and withheld under this chapter.
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(L. 1996 S.B. 855)
2023 Missouri Revised Statutes › Title XVIII - Labor and Industrial Relations › Chapter 288 - Employment Security › Section 288.381 - Collection of benefits paid when claimant later determined ineligible or awarded back pay — violation, damages.

Title XVIII LABOR AND INDUSTRIAL RELATIONS
Chapter 288
• Effective - 28 Aug 2016, 2 histories
288.381. Collection of benefits paid when claimant later determined ineligible or awarded back pay — violation, damages. —
1. The provisions of subsection 8 of section 288.070 notwithstanding, benefits paid to a claimant pursuant to subsection 7 of section 288.070 to which the claimant was not entitled based on a subsequent determination, redetermination or decision which has become final, shall be collectible by the division as provided in subsections 12 and 13 of section 288.380.
2. Notwithstanding any other provision of law to the contrary, when a claimant who has been separated from his employment receives benefits under this chapter and subsequently receives a back pay award pursuant to action by a governmental agency, court of competent jurisdiction or as a result of arbitration proceedings, for a period of time during which no services were performed, the division shall establish an overpayment equal to the lesser of the amount of the back pay award or the benefits paid to the claimant which were attributable to the period covered by the back pay award. After the claimant has been provided an opportunity for a fair hearing under the provision of section 288.190, the employer shall withhold from the employee's back pay award the amount of benefits so received and shall pay such amount to the division and separately designate such amount.
3. For the purposes of subsection 2 of this section, the division shall provide the employer with the amount of benefits paid to the claimant.
4. Any individual, company, association, corporation, partnership, bureau, agency or the agent or employee of the foregoing who interferes with, obstructs, or otherwise causes an employer to fail to comply with the provisions of subsection 2 of this section shall be liable for damages in the amount of three times the amount owed by the employer to the division. The division shall proceed to collect such damages under the provisions of sections 288.160 and 288.170.
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(L. 1972 H.B. 1017, A.L. 1988 H.B. 1485, A.L. 2006 H.B. 1456, A.L. 2016 H.B. 1530 merged with S.B. 702)
2023 Missouri Revised Statutes › Title XVIII - Labor and Industrial Relations › Chapter 288 - Employment Security › Section 288.382 - Uncollectible benefit overpayments, how determined.

Title XVIII LABOR AND INDUSTRIAL RELATIONS
Chapter 288
• Effective - 27 Apr 1972, see footnote
288.382. Uncollectible benefit overpayments, how determined. —
The division may, for good cause, determine as uncollectible and purge from its records any benefit overpayment as mentioned in subsections 11 and 12 of section 288.380 which remains unpaid after the expiration of five years after the date of the determination which established such overpayment.
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(L. 1972 H.B. 1017)
Effective 4-27-72
2023 Missouri Revised Statutes › Title XVIII - Labor and Industrial Relations › Chapter 288 - Employment Security › Section 288.390 - State to comply with minimum standards prescribed by federal law.

Title XVIII LABOR AND INDUSTRIAL RELATIONS
Chapter 288
• Effective - 28 Aug 1961, 2 histories
288.390. State to comply with minimum standards prescribed by federal law. —
If the Federal Unemployment Tax Act, the Federal Social Security Act or other related federal laws are amended to provide minimum standards for the payment of unemployment benefits, such standards shall become a part of this law to the extent necessary to entitle employers subject to this law to claim the maximum allowable credit against the federal unemployment tax. The provisions of this section shall be implemented by regulation by the division.
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(L. 1961 p. 438 § 1)
2023 Missouri Revised Statutes › Title XVIII - Labor and Industrial Relations › Chapter 288 - Employment Security › Section 288.395 - Fraud or misrepresentation, penalties.

Title XVIII LABOR AND INDUSTRIAL RELATIONS
Chapter 288
• Effective - 01 Jan 2017, 2 histories, see footnote
288.395. Fraud or misrepresentation, penalties. —
Any person or entity perpetrating a fraud or misrepresentation under this chapter for which a penalty has not herein been specifically provided shall be guilty of a class A misdemeanor and, in addition, shall be liable to this state for a civil penalty not to exceed the value of the fraud. Any person or entity who has previously been found guilty of perpetrating a fraud or misrepresentation under this chapter and who subsequently violated any such provisions shall be guilty of a class E felony.
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(L. 2004 H.B. 1268 & 1211, A.L. 2014 S.B. 491)
Effective 1-01-17
2023 Missouri Revised Statutes › Title XVIII - Labor and Industrial Relations › Chapter 290 - Wages, Hours and Dismissal Rights › Section 290.010 - What constitutes a day's labor.

Title XVIII LABOR AND INDUSTRIAL RELATIONS
Chapter 290
Effective - 28 Aug 1939
290.010. What constitutes a day's labor. —
From and after the first day of May, in the year eighteen hundred and sixty-seven, the period of eight hours shall be and constitute a legal day's work; but nothing in this section shall be so construed as to prevent parties to any contract for work, services or labor from agreeing upon a longer or shorter time. This section shall not apply to persons hired or employed by the month, nor to laborers or farm hands in the service of farmers or others engaged in agriculture.
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(RSMo 1939 § 10166)
Prior revisions: 1929 § 13205; 1919 § 6766; 1909 § 7812
CROSS REFERENCE:
Election, employees allowed three hours to vote, 115.639
2023 Missouri Revised Statutes › Title XVIII - Labor and Industrial Relations › Chapter 290 - Wages, Hours and Dismissal Rights › Section 290.020 - Limitation of working hours in certain industries, exception by consent of worker.

Title XVIII LABOR AND INDUSTRIAL RELATIONS
Chapter 290
• Effective - 28 Aug 1981
290.020. Limitation of working hours in certain industries, exception by consent of worker. —
It is hereby declared to be unlawful for any person, company or corporation engaged in carrying on any kind of mining, mechanical, chemical manufacturing or smelting business, to work their employees in any mill or mills, or plants, while engaged in crushing rocks and mine products, containing mineral or ores, or engaged in separating the minerals or ores from rock and such combination with which the mineral or ores are mixed, or reducing or roasting, or refining or smelting minerals or ores, from and after the time such rocks, or combination of rocks and mine products, or minerals or ores are taken out of the mines, at such labor or industry, for a period of time longer than eight hours in a day of twenty-four hours, without their consent, and it is hereby declared that eight hours shall constitute a day of employment, for all laborers, or employees, engaged in the kind of labor or industry aforesaid.
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(RSMo 1939 § 10167, A.L. 1981 H.B. 748)
Prior revisions: 1929 § 13206; 1919 § 6767; 1909 § 7813
2023 Missouri Revised Statutes › Title XVIII - Labor and Industrial Relations › Chapter 290 - Wages, Hours and Dismissal Rights › Section 290.030 - Penalty.

Title XVIII LABOR AND INDUSTRIAL RELATIONS
Chapter 290
Effective - 28 Aug 1939
290.030. Penalty. —
Any person or persons, company or corporation who shall violate any of the provisions of section 290.020 shall, on conviction, be fined in a sum not less than twenty-five dollars nor more than five hundred dollars.
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(RSMo 1939 § 10168)
Prior revisions: 1929 § 13207; 1919 § 6768; 1909 § 7814