Mississippi labor laws govern how employees are paid for extra hours worked, ensuring fair compensation under federal standards. Because there is no separate state overtime statute, Mississippi overtime laws follow the federal Fair Labor Standards Act (FLSA).
Under these rules, most non-exempt employees must receive overtime pay at 1.5 times their regular rate for any hours worked beyond 40 in a workweek.
This guide explains labor law in Mississippi, including overtime eligibility, pay rates, exemptions, and answers to common questions like how many hours is overtime and can an employer require overtime.
Mississippi Overtime Laws Summary
| State overtime law | No separate law |
| Federal law | Overtime applies after 40 hours in a workweek under the Fair Labor Standards Act |
| Overtime pay rate | 1.5 times the employee’s regular hourly rate |
| Minimum wage | $7.25 per hour (federal standard) |
| Minimum overtime rate | $10.88 per hour |
| Comp time instead of overtime pay | Allowed for certain state employees |
| Salary threshold for overtime exemption | $684 per week |
This Article Covers
- Overtime Pay Rates in Mississippi
- Overtime Entitlement in Mississippi
- Overtime Exemptions in Mississippi
- Comp Time Instead of Overtime Pay in Mississippi
- Overtime for Tipped Employees in Mississippi
- Overtime for Salaried Employees in Mississippi
- Overtime Pay for Commissioned Employees in Mississippi
- Penalties for Unpaid Overtime Claims in Mississippi
Overtime Pay Rates in Mississippi
Under Mississippi overtime laws, anything over 40 hours a week is overtime for eligible employees. Overtime pay applies after 40 hours at 1.5 times the employee’s regular hourly rate under federal law.
Since Mississippi follows the federal minimum wage, which is $7.25 per hour, the state’s minimum overtime rate calculation is $7.25 x 1.5 = $10.88 per hour.
Learn more about your overtime rights in Mississippi.
What counts as hours worked for overtime?
An employee’s hours worked include all the time they are required to be on the worksite, on duty, or actively performing job-related tasks. Not all extra hours automatically qualify for overtime. For example, weekend or holiday work is not overtime unless total hours exceed 40 in a single workweek.
What is a workweek under the FLSA?
A workweek is a fixed 168-hour period (seven consecutive days), which can start on any day and at any time chosen by the employer. For overtime calculations under the FLSA, work hours cannot be averaged across weeks. So, even if an employee works fewer hours one week, it does not cancel out overtime worked in another week.
Overtime Entitlement in Mississippi
Mississippi overtime laws adhere to the federal Fair Labor Standards Act rules, which entitle non-exempt employees to overtime pay for all hours worked over 40 in a workweek.
Employees who earn less than $684 a week ($35,568 annually) and work in a non-exempt industry and job role are classified as non-exempt under FLSA rules. Eligibility for overtime pay depends on the actual job duties of an employee.
Overtime Exemptions in Mississippi
Under the FLSA, some categories of employees are exempt from overtime pay in Mississippi, which include:
- Administrative, executive, and professional employees earning at least 684 per week
- Outside salespeople
- Highly compensated employees earning $107,432 per year
- Computer employees earning at least $27.63 hourly
- Airline employees
- Casual babysitters
- Workers employed in seasonal and recreational parks
- Boat, aircraft, truck, and trailer salespersons
- Fishermen
- Fruit and vegetable transportation workers
- Local delivery drivers and their helpers
- Forestry and lumber workers employed in businesses with fewer than nine employees
- Motion picture theatre workers
- Newspaper delivery workers
- Newspaper employees in agencies with limited circulation
- Railroad workers
- Seamen on American and non-American vessels
- Sugar processing workers
- Switchboard operators
- Taxicab drivers
- Television station employees in small markets
- Farm implement salespeople
- Firefighters employed in public firefighting departments with fewer than five firefighters
- Federal criminal investigators
Comp Time Instead of Overtime Pay in Mississippi
Mississippi state employers may provide non-exempt employees with compensatory time in place of cash payment for overtime. Comp time is offered at the rate of one-and-a-half hours for each hour worked over 40 during a single workweek.
Overtime for Tipped Employees in Mississippi
The overtime rate for tipped employees is 1.5 times their regular wage for every overtime hour worked.
Employees who earn more than $30 in tips a month are considered tipped employees in Mississippi. These employees are subject to a lower minimum wage of $2.13 per hour instead of the regular state minimum wage. Employers can use a tip credit of up to $5.12 per hour.
However, a tipped worker must accumulate enough tips to total up to the regular state minimum wage ($7.25 per hour). If their wage, including tips earned, falls below the standard minimum wage, their employer must make up the difference.
That being said, overtime is calculated based on the full minimum wage, not the tipped wage. Employers also cannot include tip credit when calculating overtime.
Learn how to calculate overtime in Mississippi, or use our free overtime calculator to make things simpler.
Overtime for Salaried Employees in Mississippi
In Mississippi, only certain salaried employees have the right to receive overtime pay. A salaried employee is an individual who receives a predetermined salary, regardless of the actual hours worked. This means that even if they work more than the hours their salary compensates for, they are still entitled to additional compensation for their extra hours.
To determine a salaried employee’s overtime rate, an employer must first determine the employee’s hourly rate by dividing the salary by the number of hours that the salary compensates for.
Then, take the hourly pay rate to calculate the overtime rate for salaried employees using the following formula:
Regular hourly pay rate x Overtime hours x Overtime rate (1.5)
It is important to note that if an employee’s salary covers fewer than 40 hours in a workweek, their regular rate will be added for every subsequent hour worked up to 40. Only after 40 hours will time-and-a-half be counted.
If an employee’s salary covers 40 (hours) in a workweek, then time-and-a-half will be paid for any hours over 40.
Overtime Pay for Commissioned Employees in Mississippi
In Mississippi, employees who may receive commissions are still entitled to overtime pay, although the rate may differ.
If an employee receives weekly commissions, the commission will be combined with the employee’s weekly wage to get the total earnings for the week. The amount is then divided by the total number of hours worked in the week to determine the regular hourly rate for that week. For any hours worked beyond 40 per week, the employee must be paid additional compensation at a rate of half of the regular hourly rate.
For example, let’s say an employee works 45 hours a week at a rate of $7.25/hour (Mississippi minimum wage) and receives $50 in commissions for that week.
(Total hours x Hourly rate) + Commission
= (45 x $7.25) + $50
= $376.25 (total earnings for the week)
Then, divide that by the total hours worked in the week.
= $376.25 / 45 hours
= $8.36 (new regular hourly rate)
To determine the overtime rate for the commissioned employees, we need to take that new regular hourly rate and halve it.
$8.36 / 2 = $4.18 per hour
Since the employee worked an extra four hours in the week, that makes his overtime compensation $20.90 ($4.18 x 5 hours).
The amount will vary according to the hours worked, hourly rate, and commission earned.
Penalties for Unpaid Overtime Claims in Mississippi
In Mississippi, employees can file a complaint with the U.S. Department of Labor’s Wage and Hour Division for unpaid or incorrect wage payments. Employers who violate overtime laws under the FLSA can face:
- Back pay, unpaid wages
- Liquidated damages equal to unpaid wages
- Attorney fees and court costs
- Civil penalties up to $1,000 per violation
- Criminal fines up to $10,000 and even imprisonment for willful or repeated offenses
Important Cautionary Note
This content is provided for informational purposes only. While we make every effort to ensure the accuracy of the information presented, we cannot guarantee that it is free of errors or omissions. Users are advised to independently verify any critical information and should not solely rely on the content provided.
