Hiring New Employees in Missouri: A Legal Guide

Develop a clear job description that outlines the position's responsibilities, required qualifications, and essential functions. Ensure the description complies with Missouri employment laws and does not contain discriminatory language. This will help attract qualified candidates and serve as documentation for the position requirements.

Advertise the position through appropriate channels such as job boards, company website, social media, or recruitment agencies. In Missouri, employers must ensure job postings do not discriminate based on protected characteristics including race, color, religion, national origin, sex, ancestry, age (40-70), or disability.

Create or update your employment application form to collect necessary information from candidates. In Missouri, applications should avoid questions about age, race, religion, disability status, or other protected characteristics. Include authorization for reference checks and verification of employment history.

Interview qualified candidates and select the best fit for the position. Missouri is an at-will employment state, but employers must still avoid discriminatory hiring practices. Document the selection process and reasons for hiring decisions to protect against potential discrimination claims.

Obtain written authorization from the candidate before conducting any background checks. Missouri follows the Fair Credit Reporting Act (FCRA) requirements for employment background checks. Ensure compliance with both federal and state regulations regarding criminal background checks, credit checks, and other screenings.

Create a form that complies with the FCRA and Missouri law, clearly explaining the background check process and obtaining the candidate's consent. The form should be separate from the employment application and include disclosures about the types of information that will be obtained.

Prepare a formal offer letter outlining the position, compensation, benefits, start date, and employment conditions. In Missouri, offer letters should clearly state the at-will employment relationship unless a specific contract term is intended. Include any contingencies such as background checks or drug testing.

If offering a contract rather than at-will employment, draft a comprehensive employment contract. In Missouri, employment contracts should clearly outline terms including duration, compensation, benefits, termination conditions, and any restrictive covenants. Have legal counsel review the contract to ensure enforceability.

Draft a non-disclosure agreement to protect confidential company information. In Missouri, NDAs must be reasonable in scope and duration to be enforceable. The agreement should clearly define what constitutes confidential information and the employee's obligations regarding such information.

If necessary for the position, draft a non-compete agreement. In Missouri, non-compete agreements must be reasonable in geographic scope, duration, and activities restricted. They must protect legitimate business interests and not be overly restrictive. Have legal counsel review to ensure enforceability under Missouri law.

Prepare to verify the new hire's eligibility to work in the United States. Federal law requires all employers to verify employment eligibility regardless of the employee's citizenship or national origin. This must be completed within 3 business days of the employee's first day of work.

Have the Form I-9 ready for completion. The employee must complete Section 1 on their first day of work. As the employer, you must complete Section 2 within 3 business days of the employee's start date after physically examining the employee's identity and employment authorization documents.

Prepare federal and state tax withholding forms for the new employee to complete. These forms determine how much income tax to withhold from the employee's paychecks. Missouri employers must withhold state income tax in addition to federal income tax.

Have the federal W-4 form ready for the employee to complete. This form determines federal income tax withholding. Employees should complete a new W-4 whenever their personal or financial situation changes.

Have the Missouri state withholding form (MO W-4) ready for completion. This form is specific to Missouri state income tax withholding and is required for all employees working in Missouri.

Create a form for employees to authorize direct deposit of their paychecks. In Missouri, employers cannot require direct deposit as the only payment method unless certain conditions are met, so this form should be optional for the employee.

Create a form to collect emergency contact information from the new employee. This information is essential for workplace safety and emergency response procedures.

Prepare forms for enrolling the new employee in company benefit programs such as health insurance, retirement plans, and other benefits. In Missouri, employers must provide clear information about available benefits and enrollment deadlines.

Ensure your employee handbook is up-to-date with current Missouri employment laws and company policies. The handbook should cover workplace policies, procedures, code of conduct, anti-discrimination policies, leave policies, and other important information. Have the employee acknowledge receipt of the handbook.

Missouri employers must report all new hires to the Missouri Department of Labor and Industrial Relations within 20 days of hire. This reporting is required for child support enforcement purposes. Use the Missouri New Hire Reporting Form or report online through the Missouri New Hire Reporting Center.

Complete the Missouri New Hire Reporting Form with the required information including the employee's name, address, Social Security number, and date of hire, as well as the employer's name, address, and Federal Employer Identification Number (FEIN).

If this is your first employee in Missouri, register with the Missouri Department of Labor and Industrial Relations, Division of Employment Security for unemployment insurance. All employers with workers in Missouri must contribute to the state's unemployment insurance program.

Missouri law requires employers with five or more employees to carry workers' compensation insurance. However, construction industry employers must carry coverage if they have one or more employees. Verify your requirements and obtain appropriate coverage if needed.

Missouri employers must display certain state and federal employment law posters in a conspicuous location accessible to all employees. These include posters regarding minimum wage, workplace safety, equal employment opportunity, and other employment laws.

Plan and conduct an orientation for the new employee to introduce them to the company, workplace policies, safety procedures, and job responsibilities. This helps ensure a smooth transition and clear understanding of expectations.

Add the new employee to your payroll system. Missouri requires employers to pay employees at least semi-monthly (twice a month) and maintain payroll records for at least three years. Ensure your payroll system correctly calculates Missouri state income tax withholding.