Wage and Hour Laws in Mississippi

Mississippi rules on employee overtime, wage and hour law, and fair pay.

What is the minimum wage in Mississippi?

Mississippi has no minimum wage law. That means eligible employees in Mississippi are entitled to either federal minimum wage (currently $7.25 per hour) or any local (city or county) minimum wage law that is on the books, whichever wage rate is higher.

Is the minimum wage different in Mississippi for tipped employees?

Because Mississippi has no minimum wage law, Mississippi employees are subject to the federal rules on tip credits and minimum wages for employees who receive tips.

(For more information, see Nolo's article Tips, Tip Pooling, and Tip Credits.)

When am I entitled to earn overtime?

Mississippi has no overtime laws, although you may be eligible for overtime pay under the federal Fair Labor Standards Act (FLSA). To learn more, see Nolo's article Overtime Pay: Your Rights as an Employee and contact the Mississippi Department of Employment Security.

Am I entitled to a lunch or rest break?

Mississippi does not require employers to provide lunch or rest breaks. However, you are entitled to be paid if you have to do any work during a break (for example, if you have to cover the phones while you eat lunch). And, generally, you are entitled to be paid for any short breaks (five to 20 minutes) your employer provides; this time is considered part of your workday.

To learn more about wage and hour laws in Mississippi, contact the state Department of Employment Security.

What are wage and hour laws?

Wage and hour laws set the basic standards for pay and time workedcovering issues like minimum wage, tips, overtime, meal and rest breaks, what counts as time worked, when you must be paid, things your employer must pay for, and so on.

Where do wage and hour laws come from?

The federal wage and hour law is called the Fair Labor Standards Act (FLSA). Most states also have their own wage and hour laws, and some local governments (like cities and counties) do, too. An employer who is subject to more than one law must follow the law that is most generous to the employee. For example, the federal minimum wage is currently $7.25 per hour, but employers in states that have set a higher minimum wage must pay the higher amount.

Finding an employment law attorney

To locate an employment law attorney in your area, visit Nolo's Lawyer Directory, where you can view information about each lawyer's experience, education, fees, and, perhaps most importantly, the lawyer's general philosophy of practicing law. By using Nolo's directory, you can narrow down candidates before calling them for a phone or face-to-face interview.

Last updated on 01/28/2021.

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