Filing a Wage and Hour Claim – Mississippi

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

Mississippi does not have overtime laws that differ from federal law. Additional information on federal overtime law is available at http://www.workplacefairness.org/overtime.

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

Mississippi does not have a state minimum wage that differs from federal law. The federal rate of $7.25 per hour applies in Mississippi.

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

Mississippi does not have any meal or rest break requirements.

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. Additional information on filing a federal claim is available at http://www.workplacefairness.org/complaintpay.

What are my time deadlines?

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

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.

This material was originally prepared by attorney Joseph Jaramillo and former law clerks Keia Cole and Adam Weiss of the law firm Goldstein, Demchak Baller Borgen and Dardarian, and was updated by Professor Douglas D. Scherer, of Touro College, Jacob D. Fuchsberg Law Center. Professor Scherer also serves as the Vice President of Workplace Fairness.