reglab/statecodes huggingface dataset:
Missouri Code of State Regulations › Title 8 - DEPARTMENT OF LABOR AND INDUSTRIAL RELATIONS › Division 30 - Division of Labor Standards › Chapter 3 - Prevailing Wage Law Rules › Section 8 CSR 30-3.030 - Apprentices and Entry-Level Workers

Current through Register Vol. 49, No. 14, July 15, 2024
PURPOSE: This rule sets forth the requirements for
				  the payment of wages to apprentices and entry-level workers employed on public
				  works subject to the Prevailing Wage Law.
(1) Journeymen's rate of pay shall be paid to
				all workers employed on public works construction except entry-level workers or
				apprentices registered and participating in apprentice programs registered with
				the United States Department of Labor, Employment and Training Administration;
				and apprentices registered and participating in programs certified by the
				Secretary of the United States Department of Transportation as promoting equal
				opportunity in connection with federal-aid highway construction programs. Such
				workers shall be paid not less than fifty percent (50%) of the applicable wage
				rate for a journeyman worker under the appropriate occupational title for a
				specific locality. In calculating the applicable wage rate for a journeyman
				worker, fringe benefits shall be included.
(2) As set forth in section
				290.235, "on-the-job training
				workers" are defined as follows:
(A)
				"Federally-registered apprentices" - Workers participating in programs
				administered by the United States Department of Labor and subject to their
				specific requirements (See
				29 U.S.C. section
				50 and 29 C.F.R. 29) and workers
				participating in programs administered by the United States Department of
				Transportation and subject to their specific requirements. (See
				23 U.S.C. section
				113 and 23 C.F.R. 230); and
(B) Entry-level workers"-Any worker who is
				not a journeyman and who is not otherwise enrolled in a federally-registered
				apprenticeship program but is participating in an on-the-job training program
				provided by the contractor for whom they perform work on a public construction
				project.
Missouri Code of State Regulations › Title 8 - DEPARTMENT OF LABOR AND INDUSTRIAL RELATIONS › Division 30 - Division of Labor Standards › Chapter 3 - Prevailing Wage Law Rules › Section 8 CSR 30-3.040 - Classifications of Construction Work

Current through Register Vol. 49, No. 14, July 15, 2024
PURPOSE: This amendment implements statutory changes
				  to the Missouri Prevailing Wage Law enacted by the passage of HB 1729
				  (2018).
(1) All public works
				construction, for which the prevailing hourly rate of wages or the public works
				contracting minimum wage of workers are to be determined, shall be classified
				as either-
(A) Building construction;
				or
(B) Highway and heavy
				construction.
Missouri Code of State Regulations › Title 8 - DEPARTMENT OF LABOR AND INDUSTRIAL RELATIONS › Division 30 - Division of Labor Standards › Chapter 3 - Prevailing Wage Law Rules › Section 8 CSR 30-3.050 - Posting of Prevailing Wage Rates

Current through Register Vol. 49, No. 14, July 15, 2024
PURPOSE: This amendment implements statutory changes
				  to the Missouri Prevailing Wage Law enacted by the passage of HB 1729
				  (2018).
(1) Contractors and
				subcontractors engaged in public works projects shall post the applicable
				hourly rate of wages (the prevailing wage or the public works contracting
				minimum wage as provided in section
				290.257, excluding rates on
				projects for which the engineer's estimate or the bid accepted by the public
				body for the total project cost is less than seventy-five thousand dollars
				($75,000)) in a dry, accessible place within the field office at the site of
				the building or construction job. On public works projects for which no field
				office is needed or established, such as road construction, sewer lines,
				pipelines, and the like, a contractor/subcontractor may post the applicable
				hourly rates of wages at the contractor/subcontractor's local office or batch
				plant, so long as the contractor/subcontractor provides a copy of the
				prevailing hourly wage rates to any worker upon request. Applicable hourly wage
				rates must be posted and maintained in a clearly legible condition for the
				duration of the public works project as provided by law.
*Original authority: 290.240, RSMo 1957, amended
					 1969.
Missouri Code of State Regulations › Title 8 - DEPARTMENT OF LABOR AND INDUSTRIAL RELATIONS › Division 30 - Division of Labor Standards › Chapter 3 - Prevailing Wage Law Rules › Section 8 CSR 30-3.060 - Occupational Titles of Work Descriptions

Current through Register Vol. 49, No. 14, July 15, 2024
PURPOSE: This amendment implements statutory changes
				  to the Missouri Prevailing Wage Law enacted by the passage of HB 1729
				  (2018).
(1) Each occupational
				title defines by name the type of work performed in the construction of a
				public works project. The description of work designated for a particular
				occupational title is not intended to be jurisdic-tional in scope or nature,
				and is not to be construed as limiting or prohibiting workers from engaging in
				construction work falling within several occupational titles.
(2) Each occupational title of work
				description shall be based upon the particular nature of the work performed,
				with consideration given to those trades, occupations or work generally
				considered within the construction industry as constituting a distinct
				classification of work. In determining occupational titles and scope of work
				definitions, the department shall consider the following:
(A) Collective bargaining
				agreements;
(B) Dictionary of
				Occupational Titles, as published by the United States Department of Labor;
				and
(C) Opinions of experts from
				organized labor and the opinions of contractors and contractor associations as
				they relate to the custom and usage applicable to the construction industry in
				Missouri.
Missouri Code of State Regulations › Title 8 - DEPARTMENT OF LABOR AND INDUSTRIAL RELATIONS › Division 30 - Division of Labor Standards › Chapter 4 - Minimum Wage and Overtime Rules › Section 8 CSR 30-4.010 - Applicability and Definitions

Current through Register Vol. 49, No. 14, July 15, 2024
PURPOSE: This rule sets forth the applicability of
				  the Missouri Minimum Wage Law and certain definitions of terms used in this
				  chapter.
PUBLISHER'S NOTE: The secretary of state has
				  determined that the publication of the entire text of the material which is
				  incorporated by reference as a portion of this rule would be unduly cumbersome
				  or expensive. This material as incorporated by reference in this rule shall be
				  maintained by the agency at its headquarters and shall be made available to the
				  public for inspection and copying at no more than the actual cost of
				  reproduction. This note applies only to the reference material. The entire text
				  of the rule is printed here.
(1) Applicability-Except as provided in
				sections
				290.500 to
				290.530,
				RSMo, and any rules promulgated thereunder, the department, in interpreting and
				enforcing the Missouri Minimum Wage Law, will follow the written regulations
				established by the United States Department of Labor pertaining to the Fair
				Labor Standards Act, which are incorporated by reference. This rule
				incorporates the regulations published in the Federal Register, 29 CFR Chapter
				V, as last amended on December 16, 2004, and does not include any subsequent
				amendments or additions. A copy of the regulations is available at the United
				States Department of Labor, Frances Perkins Building, 200 Constitution Ave. N
				W, Washington, DC 20210, or at the Division of Labor Standards, 3315 W. Truman
				Blvd., Jefferson City, MO 65109.
(2) As used in 8 CSR 30-4.010-8 CSR
				30-4.060, unless the context clearly indicates
				otherwise, the following terms mean:
(A)
				Complainant-an individual filing an administrative complaint with the director
				under the Missouri Minimum Wage Law; and
(B) Tipped employee-any employee who
				regularly and customarily receives and retains compensation in the form of
				gratuities in addition to wages.
Missouri Code of State Regulations › Title 8 - DEPARTMENT OF LABOR AND INDUSTRIAL RELATIONS › Division 30 - Division of Labor Standards › Chapter 4 - Minimum Wage and Overtime Rules › Section 8 CSR 30-4.020 - Minimum Wage Rates

Current through Register Vol. 49, No. 14, July 15, 2024
PURPOSE: This rule describes the minimum wage rates
				  to be paid to certain qualifying employees, describes generally the allowance
				  of gratuities as a credit toward payment of the minimum wage, and describes how
				  a workweek is calculated.
(1) Subject to the
				requirements of sections
				290.500 to
				290.530,
				RSMo, at least the minimum wage shall be paid for all hours worked, regardless
				of the frequency of payment and regardless of whether the wage is paid on an
				hourly, salaried, commissioned, or any other basis. If, in any workweek, the
				total wages earned by an employee is less than the applicable minimum wage rate
				for the total hours worked, the employer shall pay the difference between the
				total wages earned and the amount required to equal the minimum wage for the
				total hours worked in the workweek as required under the minimum wage
				law.
(2) The workweek is the seven (7)-day period that is
				the basis for determining an employee's hourly earnings. Once established, an
				employer shall not change or manipulate an employee's workweek to evade the
				requirements of the Missouri Minimum Wage Law.
(3) Hourly wages,
				tips, gratuities, and commissions are counted in the workweek in which the
				hourly wage, tip, gratuity, or commission is earned to determine if an employee
				earned at least the minimum wage rate.
*Original authority: 290.512, RSMo 1990, amended 2006;
					 290.515, RSMo 1990, amended 2006; and 290.523, RSMo
					 2008.
Missouri Code of State Regulations › Title 8 - DEPARTMENT OF LABOR AND INDUSTRIAL RELATIONS › Division 30 - Division of Labor Standards › Chapter 4 - Minimum Wage and Overtime Rules › Section 8 CSR 30-4.030 - Training Wage for Learners and Apprentices

Current through Register Vol. 49, No. 14, July 15, 2024
(Rescinded March 30, 2009)
Missouri Code of State Regulations › Title 8 - DEPARTMENT OF LABOR AND INDUSTRIAL RELATIONS › Division 30 - Division of Labor Standards › Chapter 4 - Minimum Wage and Overtime Rules › Section 8 CSR 30-4.040 - Subminimum Wage Rates for the Physically or Mentally Impaired

Current through Register Vol. 49, No. 14, July 15, 2024
PURPOSE: This rule provides for the establishment of
				  subminimum wages to be paid to persons whose earning capacity is reduced due to
				  a physical or mental impairment.
(1) The director may provide for employment
				at a subminimum wage rate if it is deemed necessary to prevent curtailment of
				opportunities for employment of the physically or mentally impaired.
(2) A public hearing for the purpose of
				establishing a subminimum wage rate for any occupation may be held by the
				director on his/her own motion, or at the request of an interested
				person.
(3) Employees affected by a
				proposed subminimum wage will be given reasonable notice of the public hearing
				and will be given the opportunity to submit oral or prepared written testimony
				concerning, but not limited to, the following:
(A) The need for a subminimum wage rate;
				and
(B) Recommendations as to the
				appropriate level of wages to be set as the subminimum wage for the
				occupation(s) being considered.
Missouri Code of State Regulations › Title 8 - DEPARTMENT OF LABOR AND INDUSTRIAL RELATIONS › Division 30 - Division of Labor Standards › Chapter 4 - Minimum Wage and Overtime Rules › Section 8 CSR 30-4.050 - Valuation of Goods and Services

Current through Register Vol. 49, No. 14, July 15, 2024
PURPOSE: This rule provides for the valuation of
				  those types of goods and services which may be received by the employee and
				  credited by the employer in payment of the minimum wage.
(1) The fair market value of meals, lodging,
				and other goods and services may be deducted by the employer as a credit toward
				the payment of the minimum wage to the employee so long as the meals, lodging
				and other goods and services are voluntarily received by the employee for the
				private benefit of the employee.
(2) The following is
				an illustrative, but not exhaustive, listing of goods and services which are
				not considered to be for the private benefit of the employee and whose fair
				market value may not be deducted by the employer as a credit toward the payment
				of the minimum wage to the employee:
(A)
				Tools;
(B) Equipment;
(C) Uniforms, including, but not limited to,
				garments such as suits, dresses, aprons, and all other garments whatsoever as
				worn by the employees as a condition of employment. This apparel of a similar
				design, color or material, or forming part of the decorative pattern of the
				establishment or distinguishing the employee as an employee of the concern is
				presumed to be worn as a condition of employment;
(D) Laundry or cleaning of
				uniforms;
(E) Maintenance of tools,
				equipment, or uniforms;
(F)
				Breakage or loss of tools, equipment, or uniforms;
(G) Any other item required by the employer
				to be worn or used by the employee as a condition of employment; and
(H) Transportation furnished to the employee
				where that transportation is an incident of and necessary to the employment,
				such as travel costs of railroad maintenance-of-way workers.
Missouri Code of State Regulations › Title 8 - DEPARTMENT OF LABOR AND INDUSTRIAL RELATIONS › Division 30 - Division of Labor Standards › Chapter 4 - Minimum Wage and Overtime Rules › Section 8 CSR 30-4.060 - Administrative Complaints; Notices Issued by the Director

Current through Register Vol. 49, No. 14, July 15, 2024
PURPOSE: This rule establishes requirements for the
				  filing of administrative minimum wage complaints.
(1) An individual who believes that he or she
				has not been paid the required minimum wage may file a complaint on a form
				prescribed by the department. The department will not accept anonymous or
				third-party complaints. A complaint form can be obtained by accessing the
				department's website at labor.mo.gov or by contacting the Division of Labor
				Standards by phone at (573) 751-3403.
(2) Upon completion of the department's investigation,
				the parties will be notified of the department's findings.
(3)
				Any employer wishing to establish a training rate for learners and apprentices
				as permitted by section
				290.517,
				RSMo, shall provide a written request to the director stating the
				classification of workers it desires to be designated as learners or
				apprentices. Upon such notice and in the discretion of the director, a hearing
				will be held consistent with section
				290.517,
				RSMo.
*Original authority: 290.517, RSMo 1990, amended 2006 and
					 290.523, RSMo 2008.
Missouri Code of State Regulations › Title 8 - DEPARTMENT OF LABOR AND INDUSTRIAL RELATIONS › Division 30 - Division of Labor Standards › Chapter 6 - Authorized Minimum Wage Rate Reductions › Section 8 CSR 30-6.010 - Reduction in Minimum Wage Based on Physical or Mental Disabilities

Current through Register Vol. 49, No. 14, July 15, 2024
PURPOSE: This amendment serves to reduce unnecessary
				  restrictive language in the purpose section of this regulation.
PURPOSE: This rule authorizes a reduction in the
				  hourly wage rate for persons employed in St. Louis County through the Summer
				  Work Experience Program operated by Jobs, Employment, and Supported Services
				  due to physical or mental disabilities that curtail their job
				  opportunities.
Following consideration of evidence presented at a public
				  hearing, the Department of Labor and Industrial Relations authorizes payment to
				  persons employed in St. Louis County through the Summer Work Experience Program
				  (SWEP), operated by Jobs, Employment, and Supported Services, of hourly wages
				  of ninety cents ($0.90) per hour less than the wage rate applicable under
				  Missouri's Minimum Wage Law, sections
				  290.500 to
				  290.530,
				  RSMo. This authorization is based upon the physical or mental disabilities of
				  the individuals employed through SWEP in St. Louis County that have resulted in
				  their impaired earning capacity and curtailed employment opportunities, as
				  established by unchallenged evidence presented at the hearing. The reduction
				  established in this regulation is made with due regard to the department's duty
				  to safeguard the wage rate applicable under Missouri's Minimum Wage
				  Law.
*Original authority: 290.515, RSMo 1990, amended
					 2006.
Missouri Code of State Regulations › Title 8 - DEPARTMENT OF LABOR AND INDUSTRIAL RELATIONS › Division 40 - State Board of Mediation › Chapter 1 - Organization and Description › Section 8 CSR 40-1.010 - General Organization

Current through Register Vol. 49, No. 14, July 15, 2024
PURPOSE: This amendment updates the State Board of
				  Mediation's address.
(1) The
				State Board of Mediation is an agency of the Department of Labor and Industrial
				Relations.
(A) The board decides issues as to
				appropriate bargaining units and majority representative status for public
				employees in the state.
(B) The
				board mediates labor disputes in the area of public utilities between employers
				and employees as to hours, wages and working conditions.
(C) The public may obtain information or make
				submissions or requests to the State Board of Mediation, PO Box 2071, Jefferson
				City, MO 65102, telephone (573) 751-3614.
Missouri Code of State Regulations › Title 8 - DEPARTMENT OF LABOR AND INDUSTRIAL RELATIONS › Division 40 - State Board of Mediation › Chapter 2 - General Rules › Section 8 CSR 40-2.010 - Definitions

Current through Register Vol. 49, No. 14, July 15, 2024
PURPOSE: This amendment clarifies the rule and
				  procedures.
(1) The following
				definitions are listed to clarify the terminology applicable to these rules
				unless otherwise specifically provided or unless plainly repugnant to the
				intent of the law or the context:
(A) Board
				means the Missouri State Board of Mediation;
(B) Chair means the chief administrator of
				the State Board of Mediation or an officer designated by the chair to act on
				the chair's behalf in instances when the chief administrator cannot perform his
				or her duties;
(C) Certification
				means the designation by the board of an employee organization selected as the
				majority representative of employees through an election in an appropriate
				bargaining unit;
(D) Officer means
				any member, counsel, election officer, chair, or any other individual or
				employee specifically designated as an officer of the board to act on the
				board's behalf. The board may delegate to such officer all of the powers
				conferred upon the board in connection with the discharge of the duties so
				delegated;
(E) Party means any
				person, employee, group of employees, organization, or public employer filing a
				petition, request or application under these rules; any person, organization,
				or public employer named as a party in a complaint, request, application, or
				petition filed under these rules; any incumbent majority representative; or any
				other person, organization, or public employer whose intervention in a
				proceeding has been permitted or directed by the board, but nothing in this
				rule shall be construed to prevent the board or any designated officer, from
				limiting any party's participation in the proceedings to the extent of his/her
				interest;
(F) Showing of interest
				means a designated percentage of employees as determined by the board who have
				provided signatures indicating the desire to have or not to have a named
				employee organization as a representative; and
(G) Voluntary recognition means an employer has
				recognized an employee organization as the majority representative of an
				appropriate unit of its employees. The granting of such recognition is at the
				discretion of the employer and has been granted outside the authority of the
				State Board of Mediation and the certification process.
Missouri Code of State Regulations › Title 8 - DEPARTMENT OF LABOR AND INDUSTRIAL RELATIONS › Division 40 - State Board of Mediation › Chapter 2 - General Rules › Section 8 CSR 40-2.025 - Practice by a Licensed Attorney, When Required

Current through Register Vol. 49, No. 14, July 15, 2024
PURPOSE: This rule states when and how a party must
				  be represented by a licensed attorney.
(1) Any individual may present that
				individual's own case without a licensed attorney.
(2) Only a licensed attorney may represent
				any other person, including a corporation, limited liability company, or other
				legal entity. All petitions filed with the State Board of Mediation must be
				filed by a licensed attorney. The filing of the petition shall be deemed an
				entry of appearance. An attorney must provide his/her bar number when filing
				the petition. An attorney not authorized to practice in Missouri shall enter an
				appearance in accordance with Missouri Supreme Court Rules.
Missouri Code of State Regulations › Title 8 - DEPARTMENT OF LABOR AND INDUSTRIAL RELATIONS › Division 40 - State Board of Mediation › Chapter 2 - General Rules › Section 8 CSR 40-2.030 - Contents of Petitions

Current through Register Vol. 49, No. 14, July 15, 2024
PURPOSE: This amendment allows petitions to be
				  submitted electronically, requires parties to provide an electronic mail
				  address, and adds the petition requirements for petitions for decertification,
				  Unit Clarification, and Amendment of Certification.
PURPOSE: This rule describes the contents of
				  petitions.
(1) All petitions
				shall be submitted through the board's website and shall contain substantially
				the following:
(A) Name, address, telephone
				number, and electronic mail address of the public employer and the person to
				contact including his/her title, if known;
(B) A description of the bargaining unit at
				issue. Such description shall indicate the general classifications of employees
				and the approximate number of employees in the bargaining unit;
(C) Date of the request for recognition as
				majority representative and date such request was declined by the public
				employer or a statement that no reply has been received;
(D) Name, address, electronic mail address,
				and telephone number of the voluntarily recognized or certified exclusive
				representative, if any, and the date of such certification and the expiration
				date of any applicable contract, if known to the petitioner;
(E) Names, addresses, electronic mail
				addresses, and telephone numbers of any other interested employee
				organizations, if known to the petitioner;
(F) Any other relevant facts;
(G) Name and affiliation, if any, of the
				petitioner and its address, electronic mail address, and telephone
				number;
(H) The signature of the
				petitioner's representative, including his/her title, telephone number,
				electronic mail address, and facsimile number; and
(I) A petition for certification or
				decertification shall be accompanied by a showing of interest as defined in
				8 CSR
				40-2.010(1)(F) of not less than
				thirty percent (30%) of the employees in the unit alleged to be appropriate to
				be approved by the board. Such showing of interest shall be dated not more than
				six (6) months prior to filing the petition.
Missouri Code of State Regulations › Title 8 - DEPARTMENT OF LABOR AND INDUSTRIAL RELATIONS › Division 40 - State Board of Mediation › Chapter 2 - General Rules › Section 8 CSR 40-2.070 - Validity of Showing of Interest

Current through Register Vol. 49, No. 14, July 15, 2024
PURPOSE: This amendment removes reference to a
				  section that is being rescinded.
(1) The showing of interest submitted
				pursuant to 8 CSR 40-2.030 and
				8 CSR
				40-2.130 shall not be furnished to any of the parties.
				The chair shall determine the adequacy of the showing of interest and such
				decision shall not be subject to collateral attack at a preliminary conference
				or a hearing.
*Original authority 295.070, RSMo
					 1947.
Missouri Code of State Regulations › Title 8 - DEPARTMENT OF LABOR AND INDUSTRIAL RELATIONS › Division 40 - State Board of Mediation › Chapter 2 - General Rules › Section 8 CSR 40-2.080 - Processing of Petition

Current through Register Vol. 49, No. 14, July 15, 2024
PURPOSE: This amendment requires the board to send a
				  copy of all petitions filed with the board to the opposing party when an
				  electronic mailing address is provided.
(1) Upon the filing of any petition, the
				chair shall investigate the petition to determine the facts. The chair shall
				determine whether or not a valid question concerning the representation of
				employees exists in a prima facie appropriate unit.
(2) A copy of all petitions filed with the
				board will automatically be sent to the opposing party if an electronic mailing
				address of the opposing party is provided on the petition.
(3) If no electronic mailing address is
				provided, it is the responsibility of the party filing the petition to serve
				the petition on all other parties.
Missouri Code of State Regulations › Title 8 - DEPARTMENT OF LABOR AND INDUSTRIAL RELATIONS › Division 40 - State Board of Mediation › Chapter 2 - General Rules › Section 8 CSR 40-2.090 - Withdrawal or Dismissal of Petition

Current through Register Vol. 49, No. 14, July 15, 2024
PURPOSE: This amendment changes the term chairman to
				  chair and eliminates references to gender.
(1) If the chair determines after an
				investigation that the petition has not been timely filed or that no valid
				question concerning the representation of employees exists in a prima facie
				appropriate unit, the chair may request the party filing such petition to
				withdraw the petition without prejudice or in the absence of such withdrawal,
				within a reasonable time, the chair may dismiss the petition. Such action may
				be taken by the chair at any time prior to the closing of the case.
Missouri Code of State Regulations › Title 8 - DEPARTMENT OF LABOR AND INDUSTRIAL RELATIONS › Division 40 - State Board of Mediation › Chapter 2 - General Rules › Section 8 CSR 40-2.100 - Initial Action

Current through Register Vol. 49, No. 14, July 15, 2024
PURPOSE: This amendment clarifies the rule and
				  procedures.
(1) Upon the
				filing of any petition, the chair shall confer with and may hold informal
				conferences with the known interested parties in an attempt to ascertain the
				facts. Whenever the chair shall determine that the parties are unable to agree
				upon any fact or matter, and the chair is unable to settle the controversy
				without hearing, the board shall conduct a hearing to resolve such matters. Via
				email or written document, the chair shall notify the parties of the time and
				place of such a hearing at least ten (10) business days prior to the hearing,
				unless both parties mutually express to the chair a desire to hold the hearing
				on an earlier date.
*Original authority 295.070, RSMo
					 1947.
Missouri Code of State Regulations › Title 8 - DEPARTMENT OF LABOR AND INDUSTRIAL RELATIONS › Division 40 - State Board of Mediation › Chapter 2 - General Rules › Section 8 CSR 40-2.110 - Petition-Amendments or Withdrawal by Petitioning Party

Current through Register Vol. 49, No. 14, July 15, 2024
PURPOSE: This rule states when a petition may be
				  withdrawn or amended.
(1) At
				any time prior to issuance of a written notice of election for the purpose of
				resolving the issue of representation, a petitioning party may amend or
				withdraw its petition at the discretion of the petitioner or petitioner's
				authorized officer.
*Original authority 295.070, RSMo
					 1947.
Missouri Code of State Regulations › Title 8 - DEPARTMENT OF LABOR AND INDUSTRIAL RELATIONS › Division 40 - State Board of Mediation › Chapter 2 - General Rules › Section 8 CSR 40-2.120 - List of Employees

Current through Register Vol. 49, No. 14, July 15, 2024
PURPOSE: This amendment requires the employer to
				  provide the employee list electronically and specifies that the list remains
				  property of the employer.
(1)
				The public employer shall furnish to the board in an electronic format a
				current list of all employees in a proposed bargaining unit to determine the
				adequacy of a showing of interest. The list of employees must be submitted
				prior to or as a first order of business of any scheduled preliminary
				conference or hearing. The list remains the property of the employer. If the
				list has not been provided to the board by the date designated, the chair or
				the board will determine the showing of interest using the estimated number of
				employees stated on the petition and the authorization signatures submitted by
				petitioner.
*Original authority 295.070, RSMo
					 1947.
Missouri Code of State Regulations › Title 8 - DEPARTMENT OF LABOR AND INDUSTRIAL RELATIONS › Division 40 - State Board of Mediation › Chapter 2 - General Rules › Section 8 CSR 40-2.130 - Intervention

Current through Register Vol. 49, No. 14, July 15, 2024
PURPOSE: This amendment clarifies procedures for an
				  intervening party.
(1) Any
				third party having a legitimate interest in any proceedings may file a petition
				of intervention setting forth facts sufficient to establish such interest and
				requesting that the board resolve contested factual matters in its favor. For
				purposes of third-party intervention, legitimate interest shall be determined
				by the board and any approved intervenor must be able to prove it is authorized
				to represent at least ten percent (10%) of the employees within a proposed
				bargaining unit. If the board determines intervenor has provided an adequate
				showing of interest pursuant to
				8 CSR
				40-2.070, all parties shall be notified of the
				determination prior to the start of any hearing. Any organization which has a
				signed, valid collective bargaining agreement encompassing the proposed
				bargaining unit, or any portion, shall be considered to have a legitimate
				interest in any proceedings upon presentation of same.
*Original authority 295.070, RSMo
					 1947.
Missouri Code of State Regulations › Title 8 - DEPARTMENT OF LABOR AND INDUSTRIAL RELATIONS › Division 40 - State Board of Mediation › Chapter 2 - General Rules › Section 8 CSR 40-2.140 - Hearings

Current through Register Vol. 49, No. 14, July 15, 2024
PURPOSE: This amendment clarifies the rule and
				  procedures.
(1) The chair
				shall issue a notice of hearing, if after the filing of a valid petition, the
				petitioner, the public employer, and all intervenors are unable to resolve the
				matter through an agreed-upon method of adjustment approved by the chair. The
				chair has the discretion to determine the time, place, and means (physical
				appearance, telephonic, or electronic) of the hearing if the parties cannot
				mutually agree to the time, place, and means.
(2) A notice of hearing shall be served on
				all interested parties and shall be in writing and mailed or electronically
				transmitted at least ten (10) days before the hearing, unless otherwise agreed
				to by the chair and the parties. Such notice of hearing shall include:
(A) A statement of the time, place and nature
				of the hearing;
(B) The name of the
				public employer, petitioner and intervenors, if any; and
(C) A statement of the legal authority and
				jurisdiction under which the hearing is to be held.
Missouri Code of State Regulations › Title 8 - DEPARTMENT OF LABOR AND INDUSTRIAL RELATIONS › Division 40 - State Board of Mediation › Chapter 2 - General Rules › Section 8 CSR 40-2.150 - Notices of Election

Current through Register Vol. 49, No. 14, July 15, 2024
PURPOSE: This amendment clarifies the rule and
				  procedures.
(1) Appropriate
				notices of election shall be furnished to all interested parties, and shall be
				prominently posted by the public employer, no less than six (6) days, excluding
				Saturdays, Sundays, and legal holidays, prior to opening of the polls. Such
				notice shall contain-
(A) The date, hours, and
				place or type of election;
(B) The
				eligibility period;
(C) The details
				and procedures for an election;
(D)
				The appropriate units; and
(E) A
				sample ballot.
Missouri Code of State Regulations › Title 8 - DEPARTMENT OF LABOR AND INDUSTRIAL RELATIONS › Division 40 - State Board of Mediation › Chapter 2 - General Rules › Section 8 CSR 40-2.170 - Runoff Election

Current through Register Vol. 49, No. 14, July 15, 2024
PURPOSE: This amendment changes the term chairman to
				  the chair.
(1) When the
				results of an election are inconclusive, the chair may conduct a runoff
				election without further order of the board. An inconclusive election is an
				election in which the ballot provides for not less than three (3) choices (that
				is, at least two (2) employee organizations and "neither") and results in no
				choice receiving a majority of the valid ballots cast. Only one (1) runoff
				shall be held pursuant to this section, unless the board directs
				otherwise.
(2) The ballot in the
				runoff election shall provide for a selection among the two (2) or more choices
				receiving the largest number of votes, the sum of whose votes aggregate at
				least one (1) more than half of the total votes cast.
(A) Exception: Where, in the original
				election, all choices receive an equal number of votes, or where, two (2)
				choices having received an equal number of votes, a third choice receives a
				higher but less-than-majority vote, the chair should declare this election a
				nullity and conduct another (rerun) election with the same choices on the
				ballot. If the second election results in another such nullity, the petition
				should be dismissed; if the results of the second election require a runoff
				pursuant to the principles set forth in section (2), a runoff should be
				conducted.
(B) Further Exception:
				Where two (2) or more choices receive an equal number of votes, another
				receives no votes, there are no challenges, and all eligible voters have voted,
				neither a runoff nor a rerun election should be conducted. A certification of
				results should be issued.
Missouri Code of State Regulations › Title 8 - DEPARTMENT OF LABOR AND INDUSTRIAL RELATIONS › Division 40 - State Board of Mediation › Chapter 2 - General Rules › Section 8 CSR 40-2.180 - Agreement for Consent Election

Current through Register Vol. 49, No. 14, July 15, 2024
PURPOSE: This amendment changes the term chairman to
				  the chair.
(1) Where one (1)
				or more employee organizations assert a claim to represent employees in an
				appropriate unit and a petition for certification of public employee
				representative or a petition for decertification of public employee
				representative has been filed, the parties may stipulate, subject to the
				approval of the chair, that a secret ballot election shall be conducted by the
				board among the employees in an appropriate bargaining unit to determine
				whether they desire to be represented for purposes of negotiations by any or
				none of the employee organizations involved. The parties to such proceeding
				shall be the public employer, the petitioner, the incumbent, if any, and any
				intervenors who shall have complied with the requirements set forth in
				8 CSR
				40-2.130.
(2) The parties shall stipulate as to the
				composition of the bargaining unit, the eligibility period for participation in
				the election, the dates, hours and places of the election and the designations
				on the ballot.
*Original authority 295.070, RSMo
					 1947.
Missouri Code of State Regulations › Title 8 - DEPARTMENT OF LABOR AND INDUSTRIAL RELATIONS › Division 50 - Division of Workers' Compensation › Chapter 1 - Organization › Section 8 CSR 50-1.010 - Organization of Division of Workers' Compensation

Current through Register Vol. 49, No. 14, July 15, 2024
PURPOSE: This rule describes the purposes and
				  functions of the Division of Workers' Compensation as required by section
				  536.023,
				  RSMo.
(1) The Workers'
				Compensation Division of the Department of Labor and Industrial Relations
				administers the Workers' Compensation Law, Chapter 287, RSMo to insure injured
				employees receive prompt and adequate medical treatment, payment of benefits of
				wage loss, compensation for permanent disability, and physical rehabilitation
				for the severely injured by providing assistance to injured workers, to include
				filing of claims and conducting hearings to resolve disputes between employers
				and employees relating to Workers' Compensation benefits. The division also
				conducts hearings relating to medical fee disputes, tort victims' compensation,
				crime victims compensation, and line of duty compensation benefits.
(2) The division maintains the following
				offices: Division of Workers' Compensation, PO Box 58, Jefferson City, MO 65102
				and branch offices located at 3102 Blattner Dr., Suite 101, Cape Girardeau, MO
				63703; 3315 W. Truman Blvd., PO Box 58, Jefferson City, MO 65102; 3311 Texas
				Ave., Joplin, MO 64804; 1410 Genessee St., Suite 210, Kansas City, MO 64102;
				525 Jules St., St. Joseph, MO 64501; 111 North 7th St., Room 250, St. Louis, MO
				63101; 1736 E. Sunshine, Suite 610, Springfield, MO 65804. Information
				concerning workers' compensation may be obtained at these locations.
*Original authority: 287.650, RSMo 1939, amended 1949,
					 1961, 1980, 1993, 1995, 1998.
Missouri Code of State Regulations › Title 8 - DEPARTMENT OF LABOR AND INDUSTRIAL RELATIONS › Division 50 - Division of Workers' Compensation › Chapter 2 - Procedure › Section 8 CSR 50-2.010 - Procedures for Non-contested and Contested Workers' Compensation Cases

Current through Register Vol. 49, No. 14, July 15, 2024
PURPOSE: This rule sets forth the procedures relating
				  to workers' compensation injuries in noncontested and contested
				  cases.
(1) Any injury which
				requires medical aid, other than immediate first aid with no lost time from the
				employment, shall be fully reported to the division, by the insurer or
				third-party administrator, as a Report of Injury (in accordance with section
				287.380.1, RSMo). The employer, if self-administered and self-insured, shall
				submit the Report of Injury. The Report of Injury may also be filed
				electronically with the approval of the division.
(A) Employers shall report injuries, other
				than immediate first aid with no lost time from the employment, to their
				insurance carrier, or third-party administrator, if applicable, within five (5)
				days of the date of the injury or within five (5) days of the date on which the
				injury was reported to the employer by the employee, whichever is
				later.
(B) Where the division has
				not received a Report of Injury and receives other notice of a work-related
				injury, the case may be referred for a dispute management meeting under section
				(4) of this rule. When a Claim for Compensation is filed, a party may not
				request a dispute management meeting.
Missouri Code of State Regulations › Title 8 - DEPARTMENT OF LABOR AND INDUSTRIAL RELATIONS › Division 50 - Division of Workers' Compensation › Chapter 2 - Procedure › Section 8 CSR 50-2.025 - Reasonable Standard Means Test

Current through Register Vol. 49, No. 14, July 15, 2024
PURPOSE: Section 287.220.13, RSMo, requires the
				  division to promulgate a rule setting forth a reasonable standard means test to
				  determine if an employee's employment warrants the suspension of life payment
				  benefits. This rule sets forth the reasonable standard means
				  test.
(1) For purposes of
				section 287.220.13, RSMo, employment that warrants a suspension of benefits is
				employment that provides an employee with weekly wages that, on average, equal
				or exceed one hundred five percent (105%) of the current state average weekly
				wage for a period greater than six (6) consecutive months.
Missouri Code of State Regulations › Title 8 - DEPARTMENT OF LABOR AND INDUSTRIAL RELATIONS › Division 50 - Division of Workers' Compensation › Chapter 2 - Procedure › Section 8 CSR 50-2.040 - Notice and Acknowledgment of Right to Workers' Compensation Benefits

Current through Register Vol. 49, No. 14, July 15, 2024
(Rescinded July 30, 1999)
Missouri Code of State Regulations › Title 8 - DEPARTMENT OF LABOR AND INDUSTRIAL RELATIONS › Division 50 - Division of Workers' Compensation › Chapter 2 - Procedure › Section 8 CSR 50-2.050 - Mediation Services

Current through Register Vol. 49, No. 14, July 15, 2024
PURPOSE: This rule sets forth the administrative
				  procedures for initiating mediation services whereby parties are afforded an
				  opportunity to resolve disputes prior to proceeding to the hearing
				  process.
(1) As the division
				deems appropriate, or upon application filed by either party, mediation
				services will be provided by a representative of the division for the purposes
				of ascertaining the issues, identifying the areas of dispute and attempting to
				facilitate a resolution of the dispute.
(2) The written request for mediation
				services should include the injury number assigned to the case, the names of
				each party to the dispute, if known, and an explanation of the
				dispute.
(3) Mediation services
				shall be informal and may be used at any time prior to commencement of an
				evidentiary hearing. The individual conducting the mediation proceeding may
				note in the case file that an attempt at mediation was unsuccessful and may
				also note the areas of dispute. However, no notation shall be made in the case
				file with respect to any settlement offer that may have been proposed which was
				not accepted, except to list any disputed issues that were not
				resolved.
(4) In the event the
				person conducting the mediation service also has authority to preside over an
				evidentiary hearing should mediation prove unsuccessful, that person shall be
				disqualified from conducting an evidentiary hearing relating to that particular
				case without limiting the rights conferred by section
				287.810,
				RSMo, unless the parties to the case agree to permit that person to conduct an
				evidentiary hearing.
*Original authority; 287.650, RSMo 1939, amended 1949,
					 1961, 1980, 1993.
Missouri Code of State Regulations › Title 8 - DEPARTMENT OF LABOR AND INDUSTRIAL RELATIONS › Division 50 - Division of Workers' Compensation › Chapter 2 - Procedure › Section 8 CSR 50-2.060 - Performance Standards for Administrative Law Judges

Current through Register Vol. 49, No. 14, July 15, 2024
PURPOSE: This rule establishes the performance
				  standards for administrative law judges to be used in performance audits as
				  mandated by section
				  287.610,
				  RSMo.
PUBLISHER'S NOTE: The secretary of state has
				  determined that the publication of the entire text of the material which is
				  incorporated by reference as a portion of this rule would be unduly cumbersome
				  or expensive. This material as incorporated by reference in this rule shall be
				  maintained by the agency at its headquarters and shall be made available to the
				  public for inspection and copying at no more than the actual cost of
				  reproduction. This note applies only to the reference material. The entire text
				  of the rule is printed here.
(1) The director of the Division of Workers'
				Compensation shall perform an annual evaluation of all the chief administrative
				law judges. The chief administrative law judge of each local office shall
				perform an annual evaluation of all administrative law judges in the local
				office based on the standards adopted by the Administrative Law Judge Review
				Committee and set forth in this rule. The annual evaluations will be presented
				to the Administrative Law Judge Review Committee who will conduct a performance
				audit.
(2) The administrative law
				judges will be evaluated in the following areas and held to the standards set
				forth herein.
(A) Managing for Performance.
1. In section
				287.203,
				RSMo hearings a decision is issued within thirty (30) days of the date of the
				hearing.
2. For all other hearings,
				except medical fee disputes on reasonableness, an administrative law judge
				shall issue a written award within ninety (90) days of the last day of the
				hearing. The hearing shall be concluded within thirty (30) days of the
				commencement of the hearing, except in extraordinary circumstances where a
				lengthy trial or complex issues necessitates a longer time than ninety (90)
				days.
Missouri Code of State Regulations › Title 8 - DEPARTMENT OF LABOR AND INDUSTRIAL RELATIONS › Division 50 - Division of Workers' Compensation › Chapter 4 - Rehabilitation › Section 8 CSR 50-4.010 - Rules Governing Rehabilitation

Current through Register Vol. 49, No. 14, July 15, 2024
PURPOSE: This rule is concerned with the physical
				  rehabilitation of seriously injured employees and the certification of
				  rehabilitation facilities. As provided by the statute, only those seriously
				  injured workers receiving physical rehabilitation in facilities certified by
				  the division are entitled to benefits from the Second Injury Fund under section
				  287.141.3, RSMo. This does not mean that workers cannot be rehabilitated in
				  other facilities, but it does mean, if they are, that they cannot receive the
				  Second Injury Fund benefits provided in section 287.141.3,
				  RSMo.
(1) Section
				287.141,
				RSMo provides for physical rehabilitation of a seriously injured person, for
				the division to administer the benefits to the injured worker as provided, and
				for the division to investigate and certify rehabilitation
				facilities.
(2) Words and phrases
				used in these rules are declared to mean:
(A)
				Director-Director of the Division of Workers' Compensation;
(B) Division-Division of Workers'
				Compensation;
(C)
				Employee-seriously injured worker who is offered and accepts physical
				rehabilitation or who is ordered by the division to be qualified to receive
				physical rehabilitation;
(D)
				Employer-as defined by and used in the Workers' Compensation Law of
				Missouri;
(E) Facility or
				rehabilitation facility-an institution or facility that provides medical,
				surgical, hospital or physical restoration services;
(F) Insurer-as defined by and used in the
				Workers' Compensation Law of Missouri; and
(G) Physical rehabilitation-physical
				restoration of an injured worker as soon as possible and as nearly as possible
				to a condition of self-support and maintenance as an able-bodied worker. The
				term shall include medical, physical and occupational therapy provided on an
				inpatient or outpatient basis. The term shall exclude vocational rehabilitation
				as defined by section
				287.143
				through section 287.148, RSMo.