What Is the Minimum Wage in Mississippi?
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Minimum Wage in Mississippi
Minimum wage laws vary depending on which state you’re currently working in. Some states have a minimum wage that is the same as the federal minimum wage, whereas other states have a minimum wage that exceeds the federal wage. If the state minimum wage is higher than the federal wage, then employers generally need to follow the state law. If it’s lower than the federal minimum wage, employers must follow federal law and compensate employees at least what the federal minimum wage is. If you believe that your employer isn’t compensating you appropriately, it’s time to speak with a lawyer.
You work hard and deserve to be paid everything that you’re owed. Morgan & Morgan can help you with any wage claims or issues you have. We have been handling these types of cases for decades, and we’d be happy to assist you. We take all of our cases on a contingency fee basis, so you never have to worry about coming up with money out of your own pocket to pay us. We only get paid once we win or settle your case, and we get paid directly from your award money. If you’re concerned about your compensation and believe your employer isn’t treating you fairly, contact Morgan & Morgan today for a free case consultation.
What Is the Minimum Wage in Mississippi?
As of 2021, Mississippi doesn’t have its own minimum wage law. This means the federal minimum wage laws apply, so the minimum wage in the state is $7.25 per hour. Minimum wage in Mississippi applies to most workers in the state (any workers who are bound by federal minimum wage laws will have to comply since there are no state minimum wage laws), though there are some exceptions. For example, the minimum wage laws are different for employees who receive tips, some student workers, as well as other exempt workers.
What to Do if Your Employer Isn’t Paying You Minimum Wage
If you find yourself in a position where your employer isn’t paying you the minimum wage that they’re required to pay by law, you should contact a lawyer to assist you with a wage claim. Still, it’s important to understand the process and what your potential recourse is for a situation like this. If you speak with an attorney and decide the best course of action is to file a wage claim, you should be entitled to certain damages. Damages are the amount of compensation you are entitled to receive if you win your claim. Typically, you are entitled to the following types of damages:
Unpaid wages
The first thing you are entitled to is unpaid wages. Any hours you worked where you weren’t paid the minimum wage, you should be compensated for the difference. If your claim also involves unpaid overtime wages, this is included as well. Make sure you know what the minimum wage in Mississippi is so you know how much you’re entitled to.
Interest
In some circumstances, you may even be owed interest on the amount of money that your employer was supposed to compensate you for but didn’t. Sometimes this is referred to as liquidated damages. Under federal law, liquidated damages are awarded in lieu of interest. If your employer acted willfully and in bad faith, they might be required to pay double your unpaid wages.
Attorneys’ Fees
If you win your wage claim, your employer should also have to compensate you for your attorneys’ fees.
Why You Need a Lawyer
Anytime an employer intentionally violates laws regarding your legitimate earnings, you should contact an attorney. Whether this is an issue with your wages, overtime pay, or any other type of compensation, you deserve what’s rightfully yours. If your boss is willing to go to unusual or even illegal lengths to avoid paying you what is owed, it’s unlikely that they will change their mind simply because you speak with them about it. Once you hire a lawyer, they will know how serious you are. An experienced attorney can talk to you and walk you through the process of speaking with your employer and then filing a wage claim if necessary. Additionally, you might not even know if your employer is violating your rights. Speaking with a lawyer can help you understand the laws relating to your compensation, and this can help you ensure that you receive what you’re entitled to. Make sure you know “what is the minimum wage in Mississippi” so you know how much you’re entitled to.
Federal and State Laws
It’s important to understand that there are both federal and state laws that protect your right to collect the compensation that is owed to you. When you contact an experienced attorney, they will be able to assist you in determining which protection is applicable to your situation, and what the best approach will be in order to obtain your owed compensation.
Fair Labor Standards Act
The Fair Labor Standards Act (FLSA) is the federal law that governs several aspects of labor laws. The two main provisions include the minimum wage provision and the overtime provision. Currently, the federal minimum wage is $7.25 per hour. The FLSA applies to all employers who meet one of the following requirements:
- The company’s annual sales total $500,000 or more.
- The company is engaged in interstate commerce.
Fortunately for employees, the courts have interpreted interstate commerce very broadly in this regard. Any company that regularly sends or receives mail to and from other states in the U.S. is engaged in interstate commerce. In some cases, courts have even ruled that simply placing phone calls to a different state requires a company to comply with the FLSA. This means even small companies are generally required to comply with the Fair Labor Standards Act.
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What are the overtime laws in Mississippi?
The state of Mississippi does not have any of its own overtime laws, so anyone working in Mississippi should look to the Fair Labor Standards Act for the legal overtime rules. To be entitled to overtime pay, your employer must be required to comply with FLSA, and you must be a non-exempt employee.
Employees must receive overtime pay for any hours they work in excess of 40 hours in one week. The overtime rate is 1.5 of an employee’s regular rate. For example, if you work 50 hours in one week and make $16 per hour, you are entitled to $16 per hour for the first 40 hours and then $24 per hour for the 10 hours of overtime.
Exempt Employees
Under the FLSA, there are three main exemptions. If you fall into one of those categories, you are not entitled to overtime pay.
Executive
Executive employees are considered exempt from overtime. If you meet the following requirements, you are considered an executive:
- You manage other employees as your primary duty.
- You direct the work of at least 2 full-time employees.
- You have the authority to hire, fire, promote, demote, and take other disciplinary actions.
- You earn at least $684 per week.
AdministrativeIf you meet the following requirements, you are considered an administrative employee, and you are exempt from earning overtime:
- You primarily perform office or non-manual work directly for the company management or administration.
- You are permitted to use your discretion in the course of your work.
- You earn at least $684 per week.
Professional
If you meet the following requirements, you are considered a professional employee, and you are exempt from earning overtime:
- You engage in work that requires invention, imagination, originality, or talent in a recognized creative field, such as music, acting, writing, and the arts.
- You perform work that requires advanced knowledge. This type of work usually requires prolonged schooling, such as law, medicine, theology, accounting, teaching, and more.
- You earn at least $684 per week. However, some professionals do not have to meet this requirement, such as teachers, doctors, lawyers, and others.
There are other exemptions, so if you’re unsure if you qualify for overtime pay, you should contact an experienced attorney as soon as possible.
What are the minimum wage laws for workers who receive tips?
Minimum wage laws are applicable even for tipped workers, though it works a bit differently. Under federal law, if an employee receives tips, an employer is permitted to count the tips toward their minimum wage pay. As long as the employee makes enough in tips to reach the federal minimum wage, this is sufficient. If an employee doesn’t earn enough in tips to meet the minimum wage laws, the employer is required to pay the difference.
Morgan & Morgan Can Help
There’s nothing more frustrating than showing up to work every day, working as hard as you can, and then not being compensated appropriately. There are state and federal laws that dictate what the minimum wage must be, and your employer must follow these rules. If they don’t, and you believe you have a wage claim, it’s a good idea to speak with a lawyer as soon as possible. There are deadlines by which you must file wage claims or else you could end up forfeiting your ability to be paid for a claim. If you need assistance, contact Morgan & Morgan. We have helped countless people recover their wages. We have recovered more than $20 billion dollars on behalf of our clients. Let us help you. Call Morgan & Morgan today to set up a free and confidential case evaluation.