It can be difficult to understand how state employment laws exist alongside federal laws. Federal employment laws apply to the nation as a whole, while individual states may create their own additional laws.

Think of laws regarding the payment of workers, like minimum wage. As of 2024, the federal minimum wage is $7.25 an hour, but we know that minimum wage varies by state. In Missouri, it is currently $13.75. If Missouri were to declare that minimum wage in 2025 is $6.25 an hour, this would not meet the baseline set by the federal government and would be illegal. Generally, federal law will supersede or trump state law when there is a conflict.

States may choose to expand upon federal protections or not act at all, but states may not undermine or ignore federal worker protections.

The Missouri Human Rights Act

Discrimination and retaliation cases are often based on federal and state protections. Federal protections include Title VII Act of the Civil Rights Act (“Title VII”); the Age Discrimination Employment Act (ADEA); the Americans with Disabilities Act (ADA); and the Equal Pay Act (EPA). In Missouri, like many other states, there are also similar state statutes that provide similar protections. The Missouri Human Rights Act provides protection against discrimination and retaliation in many of the same ways as the federal statutes.

Even though there are similarities between these federal and state statutes, there are also significant differences that could affect the rights of a worker thinking about suing or filing a complaint against an employer. This includes where the lawsuit would take place (forum), the remedies (money, wages, emotional distress, etc.) available, the burden of proof at trial (causation standard), likelihood of surviving motions to dismiss and summary judgement, and many additional factors.

For these reasons, the decision to file a lawsuit or complaint based upon either federal or state law is complicated and it’s necessary to find an attorney to help navigate through such complications.

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