Missouri’s new minimum wage and paid sick leave law (“Proposition A”) currently is subject to two legal challenges; (1) a lawsuit questioning the constitutionality of the law, and (2) a house bill that, if passed by the Senate and governor, would alter the minimum wage component of the law and eliminate paid sick leave components of the law. The paid sick leave component of the law otherwise remains scheduled to go into effect on May 1, 2025, with relevant April 15, 2025, notice and posting compliance deadlines for employers. The fate of the paid sick leave component of Proposition A—and the law as a whole—remains uncertain. In the meantime, employers should plan as though the law will go into effect as scheduled.
The Lawsuit
The lawsuit (Case No. SC100876) challenging the election results for Proposition A—and seeking, among other things, that the election results as to Proposition A be set aside—was filed in early December 2024 before the Missouri Supreme Court and shortly thereafter amended. The amended petition sets forth four Counts, claiming that:
- The economic impacts of Proposition A were misrepresented to voters in a fashion that improperly prejudiced them to vote for the ballot measure;
- The summary statement of the official Proposition A ballot title was misleading, such that it insufficiently explained the proposed statute to voters;
- Proposition A is invalid because it violates the “single subject rule” under the Missouri Constitution (i.e., Proposition A contains more than one component: one raising state minimum wage and a second regarding paid leave); and
- Proposition A is invalid because it violates the Missouri Constitution’s clear title requirement (i.e., the title is unclear because it refers to multiple subjects: the minimum wage increase and mandatory paid sick leave).
The Missouri Supreme Court heard oral arguments in the lawsuit on March 12, 2025. During the oral arguments, the Justices questioned, among other things, whether the Missouri Supreme Court has jurisdiction over the lawsuit and whether issue and/or claim preclusion applies to the lawsuit. Unfortunately, the Justices did not indicate how soon the Court will issue a ruling, and it is otherwise difficult to predict how the Court will rule.
The House Bill
On March 13, 2025—just one day after oral arguments in the Proposition A lawsuit—the Missouri House of Representatives passed a bill that would remove the paid sick leave component of Proposition A. The bill would also remove the language in Proposition A that establishes that Missouri’s state minimum wage is subject to increase or decrease on January 1, 2027 and each successive year thereafter; the bill would not alter other provisions related to state minimum wage, such as the setting of Missouri state minimum wage at the current rate of $13.75 per hour and at $15.00 per hour effective January 1, 2026.
The bill is currently under consideration by the Missouri Senate and was referred on March 27, 2025 to the Committee on Fiscal Oversight for hearing. The Committee will report upon the bill before submission to the Senate for final passage. Upon final passage, the bill will be ordered enrolled, typed in its final form, signed by representatives of the House and Senate, and sent (along with any written objections) to Governor Kehoe. Governor Kehoe has either 15 or 45 days (depending on whether the Senate is then in session) to sign or veto the bill. The Senate is currently in session through April 21, 2025, when it will break for the Easter Holiday.
Next Steps
While Proposition A may be found unconstitutional by the Missouri Supreme Court, and/or the paid sick leave component of Proposition A may be effectively deleted via the house bill currently pending before the Senate, employers should plan as though the paid sick leave component of the law will go into effect as scheduled on May 1, 2025. In advance of this date, employers must comply with the April 15, 2025 notice and posting deadlines. The Missouri DOL has released the Proposition A notice and poster documents, which you can access here. As a reminder, employers must provide the notice to employees by April 15th (and, for employees hired after that date, within 14 days of commencement of employment). The law states that the “[n]otice shall be provided by the Employer to the employee on a single piece of paper, at least 8.5 x 11, in no less than 14-point font.” 290.612. 1 (emphasis added), which we interpret to mean that electronic notice alone would not comply. Employers must also post the poster “in a conspicuous and accessible place” by April 15th. R.S.Mo. Sec. 290.612.2.
The Husch Blackwell team will continue to monitor progression of the lawsuit and pending bill and will update our blog accordingly. If you have additional questions regarding notice, policy revisions, or implementation, please contact a member of Husch Blackwell’s Labor & Employment team.