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Mississippi Overtime Laws

Mississippi Overtime Laws

Quick Guide to Mississippi Overtime Laws 

Mississippi Overtime Laws

Mississippi overtime law does not state that an employer needs to give an employee overtime pay, but all employers in the state of Iowa follow the Fair Labor Standards Acts.  Under the Fair Labor Standards Act, an employer must pay an employee at least one and one half times the regular rate of pay for any hours worked above 40 hours per workweek.  

You will find information in this article about overtime minimum wage in MS, wage claims for unpaid overtime, state law, and more.  

What is the minimum overtime wage in Mississippi?

According to Mississippi overtime law under the FLSA on minimum wage, the current overtime minimum wage is $10.90 after rounded to the lowest nickel.  If you have worked more than 40 hours a week, unless you’re in a certain profession, your employer is required to pay you overtime rates according to Mississippi overtime laws.  

If you believe your employer has violated a Mississippi overtime law, you will find information about filing a claim at the end of this article.  

Mississippi Overtime Laws

There are very few Mississippi overtime laws located within the annotated code because the state regards federal law under the FLSA.  There is one important Mississippi overtime law for police enforcement and firefighters located in section 21-8-21 of the annotated code.  Part 3 of section 21-8-21 states: 

“The city council shall have the power and authority to provide for and pay to any member of the police department or fire department of such municipality additional compensation for services and duties performed by any such member over and above the usual and regular number of days and hours per week or month ordinarily worked by such member…provided, however, that no policeman or fireman shall perform any duties or other work during regular working hours for any person or association.” 

Does holiday pay automatically become overtime pay?

An employer does not have to observe a holiday under Mississippi overtime laws, but many employers still provide holiday pay.  However, if the employer provides holiday pay, the pay does not qualify as overtime pay according to Mississippi overtime law.  For example, if a person receives 8 hours of holiday pay on top of 40 hours worked in a week, the person will only be paid 48 regular hours.  

Is a part-time employee paid overtime under the FLSA?

Mississippi overtime law in accordance with the FLSA applies to all regular part-time and full-time employees who work more than 40 hours a workweek.  These laws are different for agricultural workers on a family farm, and even migrant workers in some cases.  

Filing a Wage Claim for Violation of Mississippi Overtime Laws

If an employer has violated a Mississippi overtime law, an employee needs to contact the Mississippi Department of Labor and submit an unpaid overtime claim for.  The office can be reached at (601) 321-6000, and the main office is located at 1235 Echelon Parkway in Jackson, MS 39215.