Mississippi Overtime Laws

By FindLaw Staff | Legally reviewed by Chris Meyers, Esq. | Last reviewed November 29, 2022

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If you are a Mississippi employee and feel that you are working more hours than you are supposed to, then you may be entitled to overtime wages. Mississippi generally follows the federal overtime laws of the Fair Labor Standards Act (FLSA) but has specific state provisions regulating overtime pay for firefighters and police officers. Otherwise, employees in Mississippi must be paid 1.5 times their regular pay rate for all time they work over 40 hours in a single work week.

Mississippi Overtime Law Overview

Mississippi overtime law and its important aspects are provided below in the subsequent chart.

State and Federal Statutes

Overtime Calculation Methods
  • Hourly: Pay time and a half (1.5 times the regular rate) for hours worked in excess of 40 hours per workweek.
  • Hourly Plus Bonus and/or Commission: Regular rate = Total hours times hourly rate, plus the workweek equivalent of the bonus and/or commission, divided by the total hours in the workweek; then pay half of that regular rate for each overtime hour.
  • Salary: Regular rate = Salary divided by the number of hours the salary is intended to compensate.
    • If the regular hours are less than 40: Add regular rate for each hour up to 40, then pay time and a half for hours over 40.
    • If the regular hours = 40: Pay time and a half for hours over 40.

Exempt from FLSA
  • The following classes of employees are not entitled to overtime pay in Mississippi (partial list)
    • Administrative employees
    • Professional employees
    • Executive employees

Note: State laws are always subject to change through the passage of new legislation, rulings in the higher courts (including federal decisions), ballot initiatives, and other means. While we strive to provide the most current information available, please consult an attorney or conduct your own legal research to verify the state law(s) you are researching.

Overtime Pay for Firefighters and Police Officers

As mentioned earlier, Mississippi has a special state law provision that governs overtime pay for firefighters and police officers. Namely, that provision states that the city council has the power to pay its firefighters and police officers additional pay for services and duties rendered above the usual and regular number of days and hours per week or month that they ordinarily work, which is not specified in the statute. However, a police officer or firefighter cannot perform other work unrelated to their jobs during regular working hours.

Holiday Pay and Overtime Pay in Mississippi

When employees are paid for time they do not work on official holidays, they may be entitled to holiday pay. Many Mississippi employers provide holiday pay, which is acceptable under the state's overtime laws, but it does not qualify as overtime pay. For example, if an employee receives five hours of holiday pay on top of pay for 40 hours worked in a single week, that employee will not receive overtime rates (1.5 times the regular rate of pay) for those five extra hours and will be paid for 45 hours of work at their regular rate of pay (although the holiday pay rate may be more than the regular rate, depending on the employer's policy).

Mississippi Overtime Exemptions

Mississippi overtime laws do not apply to several types of employees, including:

  • Administrative employees
  • Professional employees
  • Executive employees
  • Agricultural workers
  • Migrant workers

Research the Law

Learn How Mississippi Overtime Laws Apply to You: Speak with an Attorney

Even though it primarily follows the FLSA, Mississippi may have unique provisions that only apply within state borders, as mentioned above. If you feel you are owed overtime wages in Mississippi, or want to find out more about Mississippi overtime laws, you should get in touch with a qualified employment lawyer near you.

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