Mississippi Overtime Laws 2026: Pay Calculator & FLSA Guide
Mississippi overtime pay rules for 2026. Learn why Mississippi has no state minimum wage, federal-only overtime protections, casino worker rights.
Mississippi Overtime Pay Rules in 2026
Mississippi is one of five U.S. states with no state minimum wage law and no state overtime statute. Like Alabama, Louisiana, South Carolina, and Tennessee, Mississippi relies entirely on the federal Fair Labor Standards Act (FLSA) for all overtime protections. The result is a simple system — but one with no state-level worker enhancements.
Mississippi Has No State Minimum Wage
Mississippi defaults to the federal minimum wage for all workers:
| Worker Type | Wage (2026) |
|---|---|
| Non-tipped employees | $7.25/hour (federal) |
| Tipped employees | $2.13/hour + tips (federal) |
| Youth minimum wage (first 90 days) | $4.25/hour (federal) |
Mississippi's minimum overtime rate is $10.88/hour ($7.25 × 1.5). However, most workers earn above this floor, and overtime is calculated on your actual regular rate of pay.
How Mississippi Overtime Works
With no state overtime law, Mississippi follows federal FLSA exactly:
- 1.5× regular rate for all hours over 40 in a workweek
- No daily overtime threshold
- No double-time requirement
- No 7th-day premium
- No holiday or Sunday premium
Example — A Gulfport shipyard worker earning $22/hour works 48 hours:
- Regular: 40 × $22 = $880
- Overtime: 8 × $33 = $264
- Total: $1,144
Use our Mississippi Overtime Pay Calculator to check your exact pay.
Mississippi Casino and Gaming Workers
Mississippi's Gulf Coast casino industry employs tens of thousands of workers. Key overtime considerations:
- Casino dealers, servers, and housekeeping are generally non-exempt and entitled to FLSA overtime
- Tipped workers in casinos must earn at least $7.25/hour including tips; overtime is calculated on the full minimum wage, not the $2.13 cash wage
- Security and surveillance staff are typically non-exempt
- Managers must genuinely perform managerial duties AND earn $684+/week to be exempt — job titles alone don't qualify
Mississippi Overtime Exemptions
Mississippi follows federal FLSA exemptions:
- Executive, administrative, professional (EAP) — $684+/week AND duties test
- Outside salespeople
- Computer professionals — $27.63+/hour
- Highly compensated employees — $107,432+/year
- Agricultural workers, seamen, certain motor carrier employees
Mississippi Wage Claim Process
Mississippi has no dedicated state labor board for private-sector wage enforcement. Your options:
- . Federal DOL Wage and Hour Division — the primary enforcer for Mississippi private employers
- . Private lawsuit — file in federal court; recover back wages, liquidated damages (equal to back wages), and attorney fees
- . Mississippi Attorney General's Office — handles some consumer protection but not private wage claims
Industries with Common Mississippi Overtime Violations
The federal DOL regularly recovers unpaid overtime in Mississippi for:
- Gulf Coast casinos and hotels — unpaid pre-shift uniform time and side work
- Pascagoula shipbuilding — misclassifying welders and fitters as independent contractors
- Jackson and Tupelo healthcare — automatic meal deductions when staff worked through breaks
- Agriculture (Delta region) — failing to pay overtime for non-exempt farmworkers
- Retail and fast food — off-the-clock closing duties
Mississippi vs. Neighboring States
| State | Daily Overtime | Minimum Wage (2026) | State OT Law |
|---|---|---|---|
| Mississippi | No | $7.25 (federal) | No (FLSA only) |
| Louisiana | No | $7.25 (federal) | No (FLSA only) |
| Alabama | No | $7.25 (federal) | No (FLSA only) |
| Tennessee | No | $7.25 (federal) | No (FLSA only) |
| Arkansas | No | $11.00 | No (FLSA only) |
Frequently Asked Questions
Does Mississippi have its own overtime law?
No. Mississippi has no state overtime statute. All overtime rights come from the federal FLSA.
Does Mississippi require overtime after 8 hours?
No. Mississippi has no daily overtime law. You only earn 1.5× after 40 hours in a workweek.
Do Mississippi casino workers get overtime?
Yes. Most casino workers (dealers, servers, housekeepers, security) are non-exempt and entitled to FLSA overtime after 40 hours. Tipped workers' overtime is calculated on the full $7.25 minimum wage.
How do I report wage theft in Mississippi?
File a complaint with the U.S. Department of Labor Wage and Hour Division at 1-866-487-9243 or online at dol.gov/agencies/whd. Mississippi has no state labor board for private-sector enforcement.
Are salaried employees in Mississippi owed overtime?
Yes, if their salary is below $684/week or they fail the duties test. Many Mississippi "office managers" and "supervisors" are misclassified.
About the author
Payroll & Labor Law Researcher
Javed builds and maintains the overtime calculators on this site and reads the underlying statutes so you do not have to. He tracks FLSA regulations, state wage orders and annual minimum-wage changes across all 50 states, and rewrites every rule into plain English with a worked example.
- FLSA overtime rules
- State wage & hour law
- Regular rate calculations
- Payroll compliance
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