Minimum Wage $7.25 PER HOUR
Mississippi does not have a state minimum wage law. Most workers covered by the federal Fair Labor Standards Act (FLSA) must be paid at least the federal minimum wage of $7.25 per hour.
Tipped employees may be paid a direct cash wage as low as $2.13 per hour under the federal tip credit rules, but tips must bring the employee's total compensation to at least $7.25 per hour for each workweek. If the required amount is not reached, the employer must make up the difference.
Overtime Laws 1.5X RATE
Mississippi does not generally have a separate state overtime law. Most overtime rights come from the federal FLSA, which generally requires covered, nonexempt employees to receive one and one-half times their regular rate for hours worked over 40 in a workweek.
At the federal minimum wage of $7.25 per hour, the overtime rate would be $10.88 per hour. Overtime is generally calculated by workweek, not by day. Bonuses, commissions, and other forms of compensation may need to be included when determining the regular rate.
Meal & Rest Breaks NO MANDATE
Mississippi does not generally require private employers to provide meal or rest breaks to adult employees. Break rights may still come from an employer's policy, employment agreement, collective bargaining agreement, or other applicable law.
When an employer provides short breaks, federal law generally requires those breaks to be paid when they are short enough to qualify as compensable rest periods. Bona fide meal periods may be unpaid when the employee is completely relieved from duty.
Final Paycheck NO GENERAL DEADLINE
Mississippi does not generally require employers to issue a final paycheck immediately when an employee quits or is fired. Federal law also does not require an immediate final paycheck. Employers must still pay employees all wages that are legally due.
Certain Mississippi employers are subject to state payday requirements. For example, qualifying manufacturing employers with 50 or more employees and public service corporations generally must pay covered employees at least every two weeks or twice during each calendar month, subject to statutory exceptions.
Filing a Claim 2–3 YEAR WINDOW
Mississippi workers with unpaid minimum wage or overtime claims generally rely on the federal FLSA. A worker may file a complaint with the U.S. Department of Labor's Wage and Hour Division or pursue a private claim in court when the requirements for a private action are met.
Federal FLSA claims generally have a two-year limitations period, extended to three years for willful violations. Mississippi state-law claims can have different deadlines depending on the legal theory. For example, Mississippi's Equal Pay for Equal Work Act provides a two-year period, while certain employment-contract claims may be subject to different limitations periods.
Why Federal Law Matters in Mississippi FLSA BASELINE
Because Mississippi does not have its own state minimum wage or general overtime law, the federal FLSA plays a major role in Mississippi wage and hour claims. Federal rules address minimum wage, overtime, hours worked, tip credits, recordkeeping, and many exemption issues for covered employees.
Workers who successfully establish an FLSA violation may be entitled to recover unpaid wages and, in many cases, an equal amount in liquidated damages, along with attorney's fees and costs as provided by federal law.
Employee Misclassification COMMON VIOLATION
Some Mississippi employers may incorrectly classify workers as independent contractors or exempt employees in an effort to avoid overtime or other wage obligations. A job title, contract, 1099 form, or salary does not automatically determine whether a worker is entitled to FLSA protections.
The actual working relationship, economic realities, job duties, and applicable exemption requirements matter. Workers who were improperly classified may be able to recover unpaid overtime or other wages under federal law.
Common Unpaid Wage Issues KNOW YOUR RIGHTS
Unpaid wage problems can take many forms. Workers may have questions about unpaid overtime, work performed before or after a scheduled shift, interrupted meal periods, unpaid training time, improper deductions, or bonuses and other compensation that may affect overtime calculations.
If you believe you worked time for which you were not properly paid, keep your pay records and document the hours and work performed. The specific facts determine whether the time must be counted as compensable work time and what legal protections may apply.
This article is provided for informational and educational purposes only and does not constitute legal advice. Reading this content does not create an attorney-client relationship with Josephson Dunlap LLP. Wage and hour laws vary by state, and the application of these laws depends on the specific facts of each situation. The figures and information cited above are current as of the date of publication and are subject to change. Prior results in other matters do not guarantee or predict a similar outcome in any future matter. If you believe your wages were not paid correctly, consult a qualified, licensed employment attorney.
Think You May Be Owed Back Wages?
Josephson Dunlap reviews wage claims for Mississippi workers at no cost. There is no fee unless wages are recovered. A case manager will go through your situation and tell you where you stand.