Mississippi Overtime Laws – MS

Updated on Author: Sergei Lemberg

Updated on Author: Sergei Lemberg

Are you being adequately compensated by your Mississippi employer for the hours you work? If you regularly work overtime, more than 40 hours in a workweek, then you may be eligible for overtime pay. According to the Fair Labor Standards Act or FLSA, eligible employees should be paid at a rate of 1.5 times your hourly rate for each hour over 40 worked in a single workweek. And if you’re a firefighter or police officer, then Mississippi also has state laws in place that make overtime pay mandatory as well.

Overtime Law Summary for Mississippi

Below Is an Outline of Critical Mississippi Overtime Law Components.

State/Federal Statutes
  • Mississippi Code § 21-8-21 (covers police officers and firefighters)
  • Fair Labor Standards Act (FLSA) Overtime Provision
Methods for Overtime Calculation
  • Hourly Employees: 1.5 x Normal pay rate for all hours above 40 in a single workweek.
  • Hourly Employees with Plus Bonus and/or Commission: To determine the regular rate, take the total hours worked multiplied by the hourly rate, then add the workweek bonus/commission. Next, divide by the total hours in a single workweek. Finally, pay half of the adjusted rate for every hour of overtime.
  • Salary Employees: To determine the regular rate, take the salary and divide by the number of hours the salary is supposed to cover.
    • Add the regular rate for each hour up to 40 hours if the hours total less than 40. For all hours after 40, 1.5 x the regular rate.
    • Pay 1.5 x the regular rate for each hour over if the total hours worked is above 40.
FLSA Exemption
  • Not entitled to overtime pay are the following types of Mississippi employees:
    • Administrative Employees
    • Executive Employees
    • Professionals with highly specialized skills and knowledge who also receive a salary. *Employers cannot pay employees who earn minimum wage a salary to avoid paying overtime, however.
Wage Complaint Filing Process
  • File a Complaint to the U.S. Dept. of Labor
  • File a Wage Complaint Form with the Mississippi Dept. of Labor

Note: New legislation, high court rulings (federal court decisions included), ballot initiatives, and other influences can change state laws. Please refer to a qualified attorney or complete your own research to verify the laws in your state to ensure accuracy.

Police Officer and Firefighter Overtime Pay Exemptions

If you are a police officer or firefighter, then you are covered by Mississippi state overtime laws that allow for overtime compensation in these positions. Under this law, the state can pay firefighters and police officers for any work required of them outside of their normal hours. While “normal hours” remain undefined in the statute, it is important to note that these employees are prohibited from working on jobs unrelated to their main job during normal working hours.

Mississippi Overtime and Holiday Pay

Some employees may be eligible for holiday pay if they are paid for time not normally worked on official holidays. Throughout Mississippi, several employers provide this benefit to their employees. This additional pay does not count as overtime pay, however. It’s important to note that this means employees who are compensated for their holiday pay will not earn that pay at the overtime rate, even if it is over the 40 hours worked in a single workweek. Some employees pay more during those holiday hours, so please keep that in mind.

Overtime Exemptions in Mississippi

Overtime laws do not apply to the following exempt categories in Mississippi:

  • Administrative Employees
  • Agricultural Workers
  • Executive Employees
  • Migrant Workers
  • Professional Employees

Sources for More Information

  • Official State Codes
  • Mississippi State Laws
  • Mississippi Employment Laws
  • State Overtime & Minimum Wage

If You Have Been Denied Overtime, Seek Legal Advice Immediately

State and federal laws concerning overtime pay are complex and are subject to change. It always helps to have a professional there to help. If you feel that you or someone you care about has not been properly compensated, then please get in touch with the Lemberg Law legal team today. Complete our form for a FREE case evaluation, or call 475-277-2200 NOW. You may be entitled to compensation for damages, injuries, or lost wages for federal and state wage law violations.

Sergei Lemberg

About the Author:

Sergei Lemberg is an attorney focusing on consumer law, class actions related to automotive issues, and personal injury litigation. With nearly two decades of experience, his areas of practice include Lemon Law (vehicle defects), Debt Collection Harassment, TCPA (illegal robocalls and texts), Fair Credit Reporting Act, Overtime claims, Personal Injury cases, and Class Actions. He has consistently been recognized as the nation's "most active consumer attorney." In 2020, Mr. Lemberg represented Noah Duguid before the United States Supreme Court in the landmark case Duguid v. Facebook. He is also the author of "Defanging Debt Collectors," a guide that empowers consumers to fight back against debt collectors and prevail, as well as "Lemon Law 101: The Laws That Lemon Dealers Don't Want You to Know."

See more posts from Sergei Lemberg
  • Charisma E

    The chicken plants in Mississippi or not only way underpaying us but they are also not giving us our overtime pay while forcing us to work overtime.

  • MorganB

    I have been working for my current employer now for over a month. When I started, I knew my job was going to be based on salaried pay. My current salary is $480 a week. Every week I have worked for this company has been for at least 45 hours or more, and yet my pay remains the same. I can recall that there was one week where I nearly worked 50 hours, but I still only made my $480 salary. I am not in an administrative or executive position, so my question is shouldn’t I be getting paid some kind of overtime for working more than 40 hours a week?

Leave a Reply or Comment

Write a comment below to share online. Or, instead you can to our legal team.

Please select your star rating.

Briefly describe your experience Briefly describe your experience

What’s your name? What’s your name?

What’s your phone number? Please enter a valid phone number

Want to know if you could sue? Get a free legal evaluation from Lemberg Law?

Get Your No-Obligation
Case Evaluation

Send a secure message to our legal team.

What’s your name? What’s your name?
What’s your email address? What’s your email address?
What’s your phone number? What’s your phone number?
Briefly describe the problem Briefly describe the problem
Confidentiality Guarantee: We keep your information completely confidential and will not send you spam or sell your information.
By submitting above, I agree to the privacy policy and terms and consent to be contacted by an agent via phone call or text message at the phone number(s) listed above, including wireless number(s).