Missouri Revised Statutes
Chapter 285 - Employers and Employees Generally
Section 285.525 - Definitions.

Effective - 01 Jan 2009
285.525. Definitions. — As used in sections 285.525 to 285.550, the following terms shall have the following meanings:
(1) "Business entity", any person or group of persons performing or engaging in any activity, enterprise, profession, or occupation for gain, benefit, advantage, or livelihood. The term "business entity" shall include but not be limited to self-employed individuals, partnerships, corporations, contractors, and subcontractors. The term "business entity" shall include any business entity that possesses a business permit, license, or tax certificate issued by the state, any business entity that is exempt by law from obtaining such a business permit, and any business entity that is operating unlawfully without such a business permit. The term "business entity" shall not include a self-employed individual with no employees or entities utilizing the services of direct sellers as defined in subdivision (17) of subsection 12 of section 288.034;
(2) "Contractor", a person, employer, or business entity that enters into an agreement to perform any service or work or to provide a certain product in exchange for valuable consideration. This definition shall include but not be limited to a general contractor, subcontractor, independent contractor, contract employee, project manager, or a recruiting or staffing entity;
(3) "Employee", any person performing work or service of any kind or character for hire within the state of Missouri;
(4) "Employer", any person or entity employing any person for hire within the state of Missouri, including a public employer. Where there are two or more putative employers, any person or entity taking a business tax deduction for the employee in question shall be considered an employer of that person for purposes of sections 285.525 to 285.550;
(5) "Employment", the act of employing or state of being employed, engaged, or hired to perform work or service of any kind or character within the state of Missouri;
(6) "Federal work authorization program", any of the electronic verification of work authorization programs operated by the United States Department of Homeland Security or an equivalent federal work authorization program operated by the United States Department of Homeland Security to verify information of newly hired employees, under the Immigration Reform and Control Act of 1986 (IRCA), P.L.99-603;
(7) "Knowingly", a person acts knowingly or with knowledge:
(a) With respect to the person's conduct or to attendant circumstances when the person is aware of the nature of the person's conduct or that those circumstances exist; or
(b) With respect to a result of the person's conduct when the person is aware that the person's conduct is practically certain to cause that result;
(8) "Political subdivision", any agency or unit of this state which now is, or hereafter shall be, authorized to levy taxes or empowered to cause taxes to be levied;
(9) "Public employer", every department, agency, or instrumentality of the state or political subdivision of the state;
(10) "Unauthorized alien", an alien who does not have the legal right or authorization under federal law to work in the United States, as defined in 8 U.S.C. 1324a(h)(3);
(11) "Work", any job, task, employment, labor, personal services, or any other activity for which compensation is provided, expected, or due, including but not limited to all activities conducted by business entities.
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(L. 2008 H.B. 1549, et al.)
Effective 1-01-09

Structure Missouri Revised Statutes

Missouri Revised Statutes

Title XVIII - Labor and Industrial Relations

Chapter 285 - Employers and Employees Generally

Section 285.010 - List to be furnished municipalities levying an earnings tax — request, how made — contents of list — exception.

Section 285.015 - Lists to be confidential.

Section 285.020 - Penalty for violation of sections 285.010 to 285.020.

Section 285.025 - Employers of illegal aliens ineligible for state economic incentives, right of appeal, criminal penalties.

Section 285.035 - Microchip technology, employer not to require employees to be implanted — violation, penalty.

Section 285.040 - Public safety employees — residency requirements (City of St. Louis).

Section 285.100 - Willful failure to pay a misdemeanor.

Section 285.105 - Employee retirement or welfare plan defined.

Section 285.110 - Penalty for violation of sections 285.100 to 285.110.

Section 285.125 - Reduced health care premiums for nonsmokers permitted.

Section 285.200 - Ride-sharing arrangement, defined — liability for injury to participants — special taxes prohibited — travel time as work hours — use of government vehicles — registration of vehicle — license plates.

Section 285.230 - Transient employers, defined, bonding requirements — exceptions — specific requirements — penalties — records to be kept, how — discontinuance in activity, notice to director of revenue — inapplicability to certain out-of-state busi...

Section 285.232 - Construction contractors, who are transient employers, proof and financial assurance required — list of contractors to be published — inapplicability to certain out-of-state businesses.

Section 285.233 - Transient employers not filing financial assurance, escrow requirements — failure of political subdivision or private entity to escrow funds, penalties — transient employer not in compliance with law, writ of attachment or injunctio...

Section 285.234 - Transient employer to post notice of registration for income tax withholding, workers' compensation and unemployment insurance, violation, penalty — inapplicability to certain out-of-state businesses.

Section 285.235 - Definitions.

Section 285.237 - Certain job openings and training, priorities for veterans — annual report by state agencies — duties of certain state agencies.

Section 285.240 - Federal earned income credit, employer duties.

Section 285.250 - Hiring preference for veterans and spouses of disabled or deceased veterans, nonpublic employers.

Section 285.300 - Withholding form, completion required — forwarding to state agencies — state directory of new hires, cross-check of unemployment compensation recipients — compliance by employers with employees in two or more states.

Section 285.302 - Failure of employer to submit certain information, penalty.

Section 285.304 - Content of withholding forms.

Section 285.306 - Failure to complete form, penalty.

Section 285.308 - False statement, penalty.

Section 285.309 - Federal 1099 forms, certain employers required to submit to department — fine for failure to report.

Section 285.500 - Definitions.

Section 285.503 - Misclassification of workers by employers, failure to claim worker as employee — attorney general may investigate, powers.

Section 285.506 - State to have burden of proof.

Section 285.512 - Attorney general may seek injunction, when.

Section 285.515 - Penalties for violations.

Section 285.525 - Definitions.

Section 285.530 - Employment of unauthorized aliens prohibited — federal work authorization program, requirements for participation in — liability of contractors and subcontractors.

Section 285.535 - Attorney general to enforce — action to be initiated, when — complaint procedures — verification of status required — violations, corrective actions, penalties.

Section 285.540 - Rulemaking authority.

Section 285.543 - Database to be maintained.

Section 285.550 - Failure to suspend a business permit, city or county deemed to have adopted a sanctuary policy.

Section 285.555 - Discontinuance of federal work authorization program, effect of.

Section 285.575 - Citation of law — definitions — at-will employment doctrine codified — protected persons, prohibited discharge — action for damages, when, remedies.

Section 285.625 - Definitions.

Section 285.630 - Unpaid leave provided, when — amount of leave — notice by employee — certification requirements — confidentiality — written statement.

Section 285.635 - Group health coverage during leave — recovery of premiums, when — certification for inability to return to work — confidentiality.

Section 285.650 - Safety accommodations — inapplicability, when.

Section 285.665 - Notice to employees summarizing requirements for leave due to domestic or sexual violence.

Section 285.670 - Federal, state, or local law, effect on.

Section 285.700 - Citation of law — secretary of state to enforce.

Section 285.705 - Definitions.

Section 285.710 - Collective bargaining agreements, existing contracts, licensing requirements not impacted by act — government benefits, employees are employees of client only.

Section 285.715 - Registration required — application, contents — initial registration, renewal — reporting requirements, satisfied how — limited registration, when — list of organizations — electronic filing — confidentiality of records.

Section 285.720 - Fees.

Section 285.725 - Working capital or bond requirements.

Section 285.730 - Rights of client and PEO — employer agreements, contents — notice requirements — liability — PEO not engaged in sale of insurance — political subdivisions, taxes.

Section 285.740 - Workers' compensation requirements.

Section 285.750 - Prohibited acts — disciplinary action, when — sanctions.