Mississippi Overtime Laws: Threshold, Rate and Exemptions — Best Proven Guide (2026)

✓ Verified October 2026

Under Mississippi overtime laws you earn no state weekly trigger — the federal FLSA rule: after 40 hours in a workweek at 1.5 times the regular rate, and no daily overtime in Mississippi — only the weekly total counts. The minimum wage is No state minimum wage; the federal $7.25 applies to FLSA-covered employers.

This guide gives the exact mississippi overtime laws rule with the date we verified it, the statute, and what to do next. Rules verified against Mississippi has no state wage-and-hour agency; claims go to the U.S. Department of Labor or court on 2026-10-08; confirm the current rule with Mississippi has no state wage-and-hour agency; claims go to the U.S.

Department of Labor or court or an attorney before you rely on it.

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Mississippi Overtime Laws at a Glance

Minimum wage No state minimum wage; the federal $7.25 applies to FLSA-covered employers
Weekly overtime No state weekly trigger — the federal FLSA rule: after 40 hours in a workweek at 1.5 times the regular rate
Daily overtime No daily overtime in Mississippi — only the weekly total counts
Rate 1.5 times the regular rate (double time only where the row says so)
State overtime statute No

Mississippi Overtime Laws: The Rules

No state weekly trigger — the federal FLSA rule: after 40 hours in a workweek at 1.5 times the regular rate. No daily overtime in Mississippi — only the weekly total counts. The overtime rate is one and a half times your regular rate of pay — the regular rate includes non-discretionary bonuses and shift differentials, not just the base wage.

Mississippi has no state overtime law; the federal 40-hour rule applies.

⚠ Mississippi overtime laws in one line: no state weekly trigger — the federal FLSA rule: after 40 hours in a workweek at 1.5 times the regular rate. no daily overtime in Mississippi — only the weekly total counts. Mississippi has no state overtime law; the federal 40-hour rule applies.

How to Calculate Overtime Under Mississippi Overtime Laws

Take your total pay for the week, divide by the hours you worked to get the regular rate, and multiply the overtime hours by 1.5 times that rate. A worker paid No an hour who works 48 hours in a 40-hour state is owed 8 hours at time and a half.

Salary does not mean exempt: a salaried worker below the exemption tests still gets overtime on the hours over the threshold.

Mississippi Overtime Laws at a Glance

Rules verified against Mississippi has no state wage-and-hour agency; claims go to the U.S. Department of Labor or court on 2026-10-08; confirm the current rule with Mississippi has no state wage-and-hour agency; claims go to the U.S. Department of Labor or court or an attorney before you rely on it. The statute row is where to check it yourself.

Minimum wage No state minimum wage; the federal $7.25 applies to FLSA-covered employers
Weekly overtime No state weekly trigger — the federal FLSA rule: after 40 hours in a workweek at 1.5 times the regular rate
Daily overtime No daily overtime in Mississippi — only the weekly total counts
Rate 1.5 times the regular rate (double time only where the row says so)
State overtime statute No

Who Is Exempt From Mississippi Overtime Laws

Overtime exemptions in Mississippi follow federal FLSA rules. The main exempt groups are salaried executives, administrative employees, learned or creative professionals, certain computer employees and outside salespeople. Most of these exemptions apply only if the worker is paid on a salary basis, earns at least the federal salary threshold and meets the duties test. A job title alone does not make someone exempt.

Daily Overtime and Mississippi Overtime Laws

Mississippi has no daily overtime rule: a 12-hour day in a 36-hour week earns no premium, because only the weekly total counts. Under the FLSA, private employers in Mississippi generally may not give comp time instead of paying overtime. Comp time in place of overtime pay is allowed only for public-sector employers such as state and local government agencies.

Is Overtime Taxed Differently Under Mississippi Overtime Laws?

No — overtime is ordinary wages and is taxed at the same income-tax rates as the rest of your pay; it can push more of your pay into a higher withholding bracket on one check, but the annual tax rate does not change. Mississippi has no state minimum wage, so federal tip-credit rules apply.

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Overtime for a tipped worker is figured on the full federal minimum wage, not on the lower cash wage. The employer may not take a larger tip credit for overtime hours than for regular hours.

How to Claim Unpaid Overtime Under Mississippi Overtime Laws

Mississippi has no state overtime law and no state labor agency that takes wage claims, so most workers file an overtime complaint with the U.S. Department of Labor’s Wage and Hour Division. A complaint can be filed by phone, online or at a WHD office, and no special form is required.

Bring pay stubs and records of your hours, and confirm the look-back period under the federal Fair Labor Standards Act (FLSA) with WHD. That period is longer if the violation was willful.

Other Mississippi Overtime Laws Rules to Know

Mississippi overtime laws apply alongside the federal FLSA; where the two differ the worker gets the more generous rule. Mandatory overtime is legal for most adult workers unless a contract or a nurse-specific statute says otherwise.

Think you are owed overtime? The wage-claim agency takes the complaint for free.

Contact Mississippi has no state wage-and-hour agency; claims go to the U.S. Department of Labor or court

Mississippi — the bottom line

  • Mississippi overtime laws start the premium no state weekly trigger — the federal FLSA rule: after 40 hours in a workweek at 1.5 times the regular rate — count the week, not the day.
  • Under mississippi overtime laws the rate is 1.5 times the regular rate, and the regular rate includes your bonuses and differentials.
  • Mississippi overtime laws are enforced by a free wage claim — you do not need a lawyer to recover unpaid overtime.

Frequently Asked Questions

When do I get overtime under Mississippi overtime laws?

No state weekly trigger — the federal FLSA rule: after 40 hours in a workweek at 1.5 times the regular rate. No daily overtime in Mississippi — only the weekly total counts.

What is the overtime rate in Mississippi?

One and a half times your regular rate of pay, which includes non-discretionary bonuses and shift pay.

Does Mississippi have daily overtime?

No daily overtime in mississippi — only the weekly total counts.

Can my employer give comp time instead of overtime pay in Mississippi?

Under the FLSA, private employers in Mississippi generally may not give comp time instead of paying overtime.

How do I claim unpaid overtime in Mississippi?

Mississippi has no state overtime law and no state labor agency that takes wage claims, so most workers file an overtime complaint with the U.S. Department of Labor’s Wage and Hour Division.

Official Mississippi Sources & Resources

This mississippi overtime laws guide was last verified against official Mississippi sources in October 2026. Rules change — confirm the current figure with the state agency or a licensed attorney.

More Mississippi Workplace Rights Guides

Disclaimer: This guide is general information, not legal or financial advice. My Unemployment Rights is an independent educational resource, not a government agency and not a law firm. Final-paycheck deadlines, penalties and non compete rules change — every figure here carries the date we verified it. Confirm the current rule with your state labor department or a licensed attorney before you act.

Hurt at work before you lost the job? See whether workers comp or unemployment applies at Workers Comp Explained. Denied unemployment because you cannot work? Social Security disability may be the right program - start at Disability Claim Info. Lost income and worried about rent? Know your rights before an eviction notice arrives at Tenant Rights Info.