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Mississippi Wage and Hour Laws

The Fair Labor Standard Act (FLSA) is a federal law that provides the United States with minimum wage and hour laws. States have the right to enact their own wage and hour laws as long as the state law doesn't dip below the federal minimum.

Mississippi has chosen not to have separate state wage or overtime laws, and therefore follows the minimum standards of the Fair Labor Standards Act. The following tables highlight some of the main aspects of Mississippi's wage and hour laws under the FLSA.

Code Section

U.S. Fair Labor Standards Act (FLSA): 29 U.S.C. § 206Minimum Wage

What's Required?

The minimum wage that employees in the United States can earn is $7.25 per hour (effective July 24th, 2009).

Exception for "Tipped Employees"

A "tipped employee" is a worker who customarily and regularly receives more than $30 per months in tips.

The minimum wage for tipped employees is $2.13 per hour, as long as that wage combined with the employee's tips equals at least the federal minimum wage of $7.25 per hour.

Code Section

U.S. Fair Labor Standards Act (FLSA): 29 U.S.C. § 207Maximum Hours

What's Required?

A regular workweek consists of 40 hours. Any employee who works additional hours must be compensated with overtime pay at the rate of at least 1½ times the employee's standard rate of pay.

Exempt Employees

The Federal Labor Standards Act's minimum wage and maximum hour laws govern most employees in Mississippi, but some employees are "exempt." For example, fishermen, taxicab drivers, elementary school teachers, and agricultural workers are all exempt employees and don't have to be paid in accordance with FLSA's wage and hour laws outlined above. A complete list of all exempt employees can be found in the FLSA section 213.

Wage and Hour Complaints

Mississippi doesn't have an agency that enforces wage and hour laws, therefore, any wage or hour complaints about an employer in Mississippi should be directed to one of the federal offices listed below:

  • U.S. Department of Labor (DOL) ESA Wage & Hour Division
    • Birmingham Alabama District Office (serves Northeast quadrant): (205) 731-1305
    • Jackson Area Office (serves rest of the state): (601) 965-4347

Additional Resources

State laws change frequently. For more information regarding Mississippi's wage and hour laws visit the United States Department of Labor's website, or for case specific information contact a local employment attorney.

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