Filing a Wage and Hour Claim - Mississippi

Mississippi does not have any laws establishing a state minimum wage. Therefore, the federal minimum wage applies, which is $7.25 per hour. Mississippi follows federal tip credit rules, which allow employers to pay tipped employees as little as $2.13 per hour. However, if the employee’s tips plus their hourly wage don’t add up to the federal minimum wage, the employer must make up the difference.

Mississippi does not have any meal or rest break requirements.

You cannot file a wage/hour or labor standards claim in Mississippi. Instead, you can file a federal claim.

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

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.

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Madeline Messa

Madeline Messa is a 3L at Syracuse University College of Law. She graduated from Penn State with a degree in journalism. With her legal research and writing for Workplace Fairness, she strives to equip people with the information they need to be their own best advocate.