Consent and compliance

Hiring employees in Missouri: the 2026 compliance checklist for employers and recruiters

On this page
  1. The Missouri hiring checklist at a glance
  2. What must be in place before the first Missouri hire?
  3. Does a staffing or recruiting agency need a Missouri license?
  4. What must a Missouri job posting include, and can you ask about pay history?
  5. When can you ask about criminal history or run a credit check?
  6. Can you record or transcribe a job interview in Missouri?
  7. Does Missouri regulate AI in hiring?
  8. Can you drug test applicants in Missouri?
  9. Does Missouri require E-Verify?
  10. Which state withholding form does a new hire complete?
  11. Which notices must a new Missouri employee get at hire?
  12. How do you report a new hire in Missouri?
  13. The Missouri hiring steps in order
  14. Questions people ask

As of October 2026, an employer hiring in Missouri has to notify the Division of Employment Security (DES) within 30 days of becoming liable for unemployment tax, register for a withholding account with the Department of Revenue, carry workers' compensation once it has five or more employees (one or more in construction), have each new hire complete the federal W-4 and Form MO W-4, display the state posters, and send the new hire report to the Department of Revenue within 20 days. Missouri is a one-party consent state for phone calls, requires E-Verify only of public employers and public contractors, and protects medical marijuana cardholders in hiring. We found no statewide pay range, salary history, private-employer ban-the-box or AI hiring law, but Kansas City has its own rules.

This page is the Missouri hub: one table with every item and its official source, then a short section on each. Where we already have a full guide to an item, the section summarizes it and links there.

Not legal advice. Checked as of October 2026 against the Revised Statutes of Missouri and the Missouri Constitution on the Revisor of Statutes' site, the Department of Revenue's withholding rule and forms, and the pages of the Department of Labor and Industrial Relations, its Divisions of Employment Security and Workers' Compensation, and the Family Support Division's new hire site. Cities set their own rules, and a specific hire may turn on facts this page cannot see. Confirm with a Missouri employment lawyer before relying on it.

The Missouri hiring checklist at a glance

ItemWhat Missouri requires (as of October 2026)Official source
Employer registrationNotify DES within 30 days of becoming liable; register for withholding with the Department of RevenueDES, Liability, 12 CSR 10-2.015
Workers' compensationRequired at five or more employees; one or more in constructionDivision of Workers' Compensation
Agency licensingNo employment agency license since 1999; PEOs and health care staffing agencies registerRSMo 285.715, RSMo 198.640
Pay transparencyNo statewide pay-range posting rule foundNone found; see salary history row
Salary historyNo statewide ban; Kansas City bars employers with six or more employees from asking or relying on itKansas City Code § 38-102
Criminal historyNo private-employer statute; EO 16-04 covers state executive agencies; Kansas City has its own ordinanceExecutive Order 16-04
Credit checksNo Missouri employer credit-check statute in our survey; the federal FCRA steps applyFTC, Using consumer reports
Interview recordingOne-party consent for wire communications; damages start at $10,000RSMo 542.402
AI in hiringNo AI-specific hiring statute foundOur state AI hiring tracker
Drug testingNo general testing statute found; medical marijuana cardholders protected in hiring, with exceptionsMo. Const. art. XIV, § 1.7(15)
E-VerifyPublic employers, and businesses on public contracts or grants over $5,000 or receiving state incentivesRSMo 285.530
State withholding formForm MO W-4 from each employee subject to Missouri income taxDOR, Form MO W-4
Notices at hireState posters; employers with 20 or more employees hand each new hire the domestic and sexual violence leave noticeDOLIR, Posters
New-hire reportingW-4 data to the Department of Revenue within 20 days of hireRSMo 285.300

What must be in place before the first Missouri hire?

Two state registrations and, depending on headcount, workers' compensation. DES says a general business becomes liable for unemployment tax when it "pays $1,500 in wages (cash and in-kind) in a calendar quarter" or has a worker in each of 20 different weeks of a year, among other tests, and must notify the Division "within 30 days from the date the employing unit becomes liable," online or through UInteract. The Department of Revenue's withholding rule, 12 CSR 10-2.015, has every employer required to withhold register on Form 2643 or online.

The Division of Workers' Compensation says "you are required to carry workers' compensation insurance if you have five or more employees", or one in construction. The federal layer (an EIN, Form W-4 and Form I-9 by the third business day) applies on top.

Does a staffing or recruiting agency need a Missouri license?

No general license: Missouri repealed its employment agency law, RSMo chapter 289, in 1999. Professional employer organizations register with the Secretary of State under RSMo 285.715, and supplemental health care services agencies with the Department of Health and Senior Services under RSMo 198.640 to 198.648. See Missouri staffing agency rules.

What must a Missouri job posting include, and can you ask about pay history?

As of October 2026 we found no Missouri statute requiring pay ranges in postings or barring salary history questions, and Missouri has no statewide entry in our trackers of pay transparency laws by state or salary history ban states. Kansas City is the exception for pay history: its Code § 38-102 bars employers with six or more employees from asking about, screening on or relying on an applicant's salary history, with exceptions such as voluntary, unprompted disclosure.

When can you ask about criminal history or run a credit check?

We found no statewide ban-the-box law for private employers. Executive Order 16-04 has executive branch agencies under the Governor drop criminal history questions from initial applications unless a record would make the applicant ineligible. Kansas City's Ordinance 180034 (Code § 38-104), as passed in 2018, bars employers with six or more employees from asking until the applicant is otherwise qualified and has been interviewed. See Missouri ban-the-box rules and the FCRA background check process.

We found no Missouri statute limiting employment credit checks, and the state is not on our list of credit check laws for employers; the FTC's guide for employers sets out the federal steps.

Can you record or transcribe a job interview in Missouri?

Yes, as a participant on a call. RSMo 542.402.2(3) allows a person to intercept "a wire communication where such person is a party to the communication," or where one party consented, unless the purpose is a criminal or tortious act. Illegal interception is a class E felony, and RSMo 542.418 sets civil damages at no less than $100 a day or $10,000, whichever is greater. The statute centers on phone calls, so federal law fills the gaps for in-person and video interviews. See Missouri recording consent law for interviews and recording calls across state lines.

Does Missouri regulate AI in hiring?

Not specifically. As of October 2026 we found no Missouri statute governing AI or automated tools in hiring, and Missouri is not in our tracker of AI hiring laws by state. Missouri and federal anti-discrimination law still apply to any screening tool.

Can you drug test applicants in Missouri?

Generally yes; we found no Missouri statute setting procedures for private employers' drug testing. The limit that matters is in the Constitution. Under Article XIV, § 1.7(15), an employer "may not discriminate against a person in hiring" based on the person's status as a qualifying patient with a valid card, or a cardholder's "positive drug test for marijuana components or metabolites," unless the person used or was under the influence at work or during work hours. The rule does not apply where use affects job duties or others' safety, conflicts with a bona fide occupational qualification, or would cost the employer a federal monetary or licensing benefit. The adult-use amendment, § 2, "does not require an employer to permit or accommodate" marijuana at work. See our drug testing laws guide.

Does Missouri require E-Verify?

Only for some employers. Under RSMo 285.530, "All public employers shall enroll," and a business receiving a public contract or grant "in excess of five thousand dollars," or a state-administered tax credit, abatement or loan, must swear that it uses a federal work authorization program for the employees on that work. Other employers may enroll, which gives an affirmative defense to a charge of knowingly employing an unauthorized worker. Since August 28, 2026 the attorney general enforces the law. See E-Verify requirements in Missouri.

Which state withholding form does a new hire complete?

Form MO W-4. The Department of Revenue's rule, 12 CSR 10-2.015(12), says each employee subject to Missouri income tax "is required to complete and provide to the employee's employer a Form MO W-4," which the employer uses to set withholding. The form tells employers to send the Department a copy within 20 days of hiring, which serves as the new hire report. Local taxes can apply too: the City of St. Louis collects a one percent earnings tax from its residents and from employees of businesses in the city.

Which notices must a new Missouri employee get at hire?

  • Domestic and sexual violence leave notice. The Department of Labor says RSMo 285.665 requires employers with 20 or more employees to deliver notice LS-112 to each employee, and to each new hire "at the commencement of employment."
  • State posters. The same page lists the unemployment notice (MODES-B-2), the workers' compensation poster (WC-106), the Missouri Commission on Human Rights employment poster (MCHR-9) and the minimum wage poster (LS-52).
  • Background check consent. If an outside agency runs a check, the FCRA's disclosure and written authorization come first.

How do you report a new hire in Missouri?

Through the Department of Revenue. RSMo 285.300 requires a copy of each new hire's W-4, or equivalent data, "within twenty days after the date the employer hires the employee," counting from the earlier of the date the W-4 is signed or the first day of work. The Department forwards reports to the Family Support Division's State Directory of New Hires, whose employer FAQ lists the employee's name, address, Social Security number and date of hire, plus the employer's name, address and FEIN. Report online through the Missouri employer site, or by email, fax or mail. Under RSMo 285.302 an intentional failure is an infraction with a fine of up to $25 per hire, or $350 for a conspiracy not to report.

The Missouri hiring steps in order

  1. Before the first hire: notify DES within 30 days of becoming liable, register for withholding, and bind workers' compensation at five employees (one in construction). Enroll in E-Verify if you take public contracts or incentives.
  2. Posting: no state pay range rule; for Kansas City roles, leave salary history questions out.
  3. Screening: Kansas City employers hold criminal history questions until after the interview; everywhere, follow EEOC guidance and the FCRA.
  4. Interview: a participant may record a call, but get consent when the candidate is in an all-party state.
  5. Offer: if you drug test, do not reject a medical marijuana cardholder for a positive test unless an exception applies.
  6. First day: Form I-9, the federal W-4 and Form MO W-4, and the LS-112 notice if you have 20 or more employees.
  7. Within 20 days: send the new hire report to the Department of Revenue.

Hiring in more than one state? The same checklist is available for Kansas, Iowa, Kentucky, Mississippi, Louisiana, Maine, Montana, and among our earlier checklists Illinois and Tennessee.

Questions people ask

What do I need to do to hire my first employee in Missouri?

As of October 2026, notify the Division of Employment Security within 30 days of becoming liable for unemployment tax, register for a withholding account with the Department of Revenue, carry workers' compensation once you have five or more employees (one or more in construction), have each new hire complete the federal W-4 and Form MO W-4 along with Form I-9, display the state posters, and send the new hire report to the Department of Revenue within 20 days. This is not legal advice.

Do Missouri employers have to use E-Verify?

Not all of them. RSMo 285.530 requires public employers to enroll, and requires a business that receives a state or local contract or grant over $5,000, or a state-administered tax credit, abatement or loan, to swear that it uses a federal work authorization program for the employees on that work. Other private employers may enroll voluntarily, which gives them an affirmative defense to a charge of knowingly employing an unauthorized worker.

Can a Missouri employer refuse to hire someone who tests positive for marijuana?

Usually, but not a medical marijuana cardholder in most jobs. Article XIV, section 1.7(15) of the Missouri Constitution bars discrimination in hiring based on a valid cardholder's status or a positive marijuana test, unless the person used or was under the influence at work or during work hours, the job affects safety or a bona fide occupational qualification, or hiring would cost the employer a federal monetary or licensing benefit. The adult-use amendment does not require employers to accommodate marijuana at work.

Can I record a job interview with a candidate in Missouri?

Yes, if you are a party to the call. RSMo 542.402.2(3) allows a person to intercept a wire communication where that person is a party to it or one party has consented, unless the purpose is a criminal or tortious act. If the candidate is in an all-party consent state such as Illinois, California or Florida, follow the stricter rule and ask first.

Does Missouri ban salary history or criminal history questions?

Not statewide for private employers, as of October 2026. Missouri's Executive Order 16-04 removes criminal history questions from initial applications only for executive branch agencies under the Governor. Kansas City's code bars employers with six or more employees from asking about salary history and from asking about criminal history until the applicant is otherwise qualified and has been interviewed.