Filing a Wage and Hour Claim – Mississippi

1. Does Mississippi have state overtime laws that are different from federal law?

Mississippi does not have overtime laws that differ from federal overtime law.

2. Does Mississippi have a minimum wage that is different from federal law?

Mississippi does not have any laws establishing a state minimum wage. Therefore, the federal minimum wage applies, which is $7.25 per hour. Mississippi follows federal tip credit rules, which allow employers to pay tipped employees as little as $2.13 per hour. However, if the employee’s tips plus their hourly wage don’t add up to the federal minimum wage, the employer must make up the difference.

3. Does Mississippi have meal and rest break requirements, unlike federal law?

Mississippi does not have any meal or rest break requirements.

4. How do I file a wage/hour or labor standards claim in Mississippi?

You cannot file a wage/hour or labor standards claim in Mississippi. Instead, you can file a federal claim.

5. What are my time deadlines?

Mississippi does not have any time deadlines that are different from federal law.

6. How can I or my attorney pursue a claim in court in Mississippi?

An employee can file a private lawsuit for wages owed pursuant to an employment contract. The statute of limitations for a written contract is three years, and the time limit to sue based on an unwritten employment contract is one year.