Choctaw County, Mississippi Wage and Hour Legal Guide for Every City and State - Unpaid Overtime, Minimum Wage, Rest Breaks, Family Leave

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What Do I Need to Know About Mississippi Minimum Wage and Overtime Law?

You can recover unpaid wages, overtime, tips in Mississippi if you know your rights and how to enforce them. Does your employer owe you unpaid wages or overtime? Or, maybe you need information on the breaks you’re entitled to, overtime rules, or your right to tips. If so, find out here on this site what you can do in Mississippi to get the money you have earned

Answers to those and other questions about wage and hour law in Mississippi are right here on this site. You will find out about:

A few things to keep in mind as you explore this site:

1. Wage and hour laws differ from state to state.

Most states have enacted their own wage and hour regulations and procedures for employees to follow if they have been treated unfairly. These regulations and procedures vary from state to state. Start by finding out about your rights to pay in Mississippi.

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Am I Entitled to Minimum Wage in Mississippi?

You are entitled to be paid the minimum wage set by law in Mississippi, unless you are exempt, and you have other work pay rights, too. No matter how you are paid in Mississippi, whether by hourly wage, salary, commissions, tips, or piece rate, the law in Mississippi gives you certain rights. While your employer can pay you in a variety of ways, each manner of payment is regulated by federal law and some states also regulate them. These regulations:

  • guarantee minimum wage rates
  • define commission pay
  • set paycheck payment schedules, and
  • establish the deadlines for paycheck payments in Mississippi.

The Mississippi Department of Employment Security explains the Mississippi laws that regulate pay for work in Mississippi.

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Am I Entitled to Overtime Pay in Mississippi?

Most employers must pay overtime pay for every hour of overtime an employee works in Mississippi, unless the employee is exempt. To figure out if you are entitled to overtime pay for your work in Mississippi, these are the questions you need answers to:

  • Is your employer covered by federal or state overtime pay laws?
  • Are you eligible for overtime pay under federal or state overtime pay laws?
  • Are you exempt from overtime pay laws?
  • How does Mississippi regulate overtime pay? and,
  • What is the overtime pay rate in Mississippi?

The federal Fair Labor Standards Act (FLSA) requires most employers to pay employees 1-1/2 times their regular hourly wage for every hour worked over 40 hours in a workweek, unless the employee is exempt from overtime pay entitlement. So, if you are eligible, you should be paid your regular hourly wage plus 50% of that wage as premium pay for each overtime hour worked.

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What Are My Rights to Tips in Mississippi?

Your Mississippi employer is legally allowed to pay you less than the minimum wage, as long as you earn enough in tips to bring your hourly rate up to the Mississippi minimum. You can also be required to share or pool your tips with other employees, in some circumstances. 

If you earn tips, you should know the rules about

  • what counts as a tip
  • how much your employer must pay you in addition to your tips, and
  • whether and how much you can be required to contribute to a tip sharing arrangement (also called a “tip pool”).

Under federal and Mississippi law, tips belong to the employee. An employer can never take employee tips and keep them for itself. However, an employer may be allowed to take a “tip credit” – to count part of the tips an employee earns towards the employer’s obligation to pay the minimum wage. Employers may also be allowed to require employees to share their tips with each other and to pass on certain costs – such as credit card processing fees – to employees by docking their tips.

Is your employer giving you all of the tips to which you are legally entitled? To find out, you first have to understand what money counts as a tip.

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Does My Mississippi Employer Have to Give Me Breaks From Work?

In Mississippi, you are not entitled to paid rest breaks.

Although many employees get meal and rest breaks during the workday, these breaks aren’t legally required everywhere. Federal law doesn’t require employers to give employees time off to eat or rest during their shifts. Employees are entitled to these breaks only if their state requires it.  

The federal Fair Labor Standards Act (FLSA) doesn’t require employers to give breaks, but it does regulate when employers have to pay for breaks they choose to give. 

Should Your Breaks Be Paid?

The FLSA requires employers to pay employees for all hours worked, including time the employer may classify as a “break.” An employer does not have to pay for longer meal breaks during which the employee is relieved of all work duties.

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What Can I Do If I Am Owed Pay in Mississippi?

If you have an overtime, minimum wage violation, or other wage and hour claim against your employer, you can complain within your company, file a wage claim (in most states), or file a lawsuit to assert your rights. 

If your employer has not paid you the full minimum wage, has not paid you overtime you earned, has not paid you for every hour worked, has required you to work through unpaid breaks, or has illegally kept your tips (among other things), you may have a legal claim for wage theft. Below, we explain the most common wage law violations and provide information on how to enforce your right to be paid fairly, and on time, for all of your work.

Common Wage and Overtime Violations

If your employer hasn’t paid you fully for every hour you have worked, you may have legal claims for violation of the federal Fair Labor Standards Act (FLSA) or Mississippi wage and hour law. Here are some common wage theft claims.

Minimum Wage

Your employer must pay you at least the highest minimum wage that applies to you, whether federal, state, or local. If you haven’t received at least this much per hour, less any allowed deductions, you may have a claim for unpaid wages.

Mississippi does not have its own minimum wage law. Therefore, employees in Mississippi are entitled to earn at least the federal minimum wage, $7.25 an hour. 

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Can My Employer Garnish My Wages in Mississippi?

Your employer can garnish your wages in Mississippi if ordered to do so. Under federal law, Mississippi employers may garnish, or withhold, a portion of an employee’s wages because the employer has been ordered to do so by a court or through some other legal procedure by a creditor.

Your wages may be garnished in Mississippi if you have:

  • unpaid credit card debt and the credit card company seeks repayment
  • failed to pay child or spousal support
  • defaulted on a student loan, or
  • unpaid taxes due and the taxing authority seeks payment.

Wage garnishment happens when an employee has an unpaid debt (unrelated to employment) and the creditor of the debt seeks payment. Generally speaking, your employer must garnish your wages when ordered to do so. But, there are limits on how much of your earnings may be garnished, and on how your employer responds to the garnishment. And, some states set greater limits on the amount of an employee’s wages an employer may garnish than does federal law.

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Am I Entitled to Paid Sick Leave, Family Leave, or Vacation Time in Mississippi?

Employees in Mississippi are not legally entitled to paid time off under Mississippi law, but may be entitled to paid sick leave or paid family leave under the Families First Coronavirus Act, a new federal law.

The rules for paid sick and family leave are rapidly changing in response to COVID-19. On March 18, 2020, Congress passed the Families First Coronavirus Act, which requires many employers to start providing some paid time off to employees affected by COVID-19 by April 2. The leave provisions of the law expire at the end of 2020.

Before this new emergency law, employers in most states were not required to offer any paid time off to employees (although many chose to do so).

Paid Sick Leave: Federal Law

Under the Families First Coronavirus Act, eligible employees can take up to ten days of emergency paid sick leave for reasons related to COVID-19.

Who Can Take Emergency Paid Sick Leave

You may be eligible for leave if:

  • You are subject to a COVID-19 quarantine or isolation order issued by the federal, state, or local government.
  • You have been advised to self-quarantine by a health care provider due to COVID-19 concerns.
  • You are caring for someone who fits into one of the two categories above.
  • You have symptoms of COVID-19 and are seeking diagnosis.
  • You are caring for a son or daughter whose school or care facility is closed, or whose childcare provider is unavailable, due to COVID-19 concerns.
  • You are experiencing a condition substantially similar to COVID-19, as specified by the Secretary of the Department of Health and Human Services in consultation with other government officials.

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