Mississippi Overtime Calculator — FLSA applies

Frequently Asked Questions

• What overtime law applies in Mississippi in 2026?

  The federal Fair Labor Standards Act (FLSA — 29 U.S.C. § 207) governs overtime in Mississippi. Mississippi has no state overtime law. Covered employees earn 1.5× their regular rate of pay for all hours worked over 40 in a single workweek. There is no daily overtime threshold, no 7th-day rule, and no double-time requirement under Mississippi law as of 2026.

• Does Mississippi have a daily overtime rule like California?

  No. Mississippi does not have a daily overtime rule. Unlike California, which requires 1.5× pay for hours worked over 8 in a day (and 2× for hours over 12), Mississippi workers earn overtime only after exceeding 40 hours in a workweek. Daily hour totals do not trigger overtime in Mississippi.

• What is the overtime rate in Mississippi?

  The overtime rate in Mississippi is 1.5× (time and a half) the employee's regular rate of pay for all hours worked beyond 40 in a workweek. If the regular rate is $18/hour, overtime pays $27/hour for all qualifying hours. Mississippi follows the federal FLSA formula exactly — there is no state-imposed higher overtime multiplier.

• Who is exempt from overtime in Mississippi?

  Mississippi applies the same FLSA exemptions as the federal government. Key exempt categories include: executive employees earning $684+ per week who manage a business or department, administrative employees performing office work directly related to management with significant discretion, and professional employees in learned or creative fields. Outside sales employees and certain computer professionals earning at least $27.63/hour are also typically exempt.

• How is the regular rate of pay calculated for overtime purposes?

  Under FLSA rules applicable in Mississippi, the regular rate of pay includes base wages plus non-discretionary bonuses, shift differentials, and commissions. It does NOT include discretionary bonuses, overtime premium pay itself, or certain fringe benefit payments. Divide total compensation (excluding FLSA-excluded items) by total hours worked in the week to get the regular rate, then apply 0.5× that rate as the overtime premium for each hour over 40.

• Does a 7th consecutive day worked trigger overtime in Mississippi?

  No. Mississippi follows federal FLSA rules only, which do not include a 7th-day overtime rule. The only overtime trigger is exceeding 40 hours in a single workweek. In contrast, California requires 1.5× pay for the first 8 hours on the 7th consecutive day and 2× beyond that — but this rule does not apply in Mississippi.

• Do salaried employees get overtime in Mississippi?

  It depends on the salary amount and job duties. Under the FLSA (applicable in Mississippi as of 2026), salaried employees earning less than $684 per week ($35,568/year) are generally entitled to overtime regardless of job title. Salaried employees earning at or above the threshold may be exempt if they meet the duties tests for executive, administrative, or professional roles. Salary alone does not determine exemption status.

• What if my Mississippi employer refuses to pay overtime?

  Employees who are owed overtime in Mississippi may file a complaint with the U.S. Department of Labor Wage and Hour Division (WHD) or file a private lawsuit under the FLSA. The FLSA allows employees to recover unpaid overtime wages plus an equal amount as liquidated damages (double damages), plus attorney's fees. There is a 2-year statute of limitations for non-willful violations and 3 years for willful violations.

• Can an employer and employee agree to waive overtime in Mississippi?

  No. FLSA overtime rights cannot be waived by private agreement. An employment contract or individual agreement to forego overtime pay is not enforceable under federal law, which applies in Mississippi. Employers who require or allow employees to work over 40 hours per week must pay the applicable overtime rate regardless of any waiver or agreement.

• How does overtime apply to tipped employees in Mississippi?

  Tipped employees in Mississippi earn overtime at 1.5× their regular rate of pay — calculated based on the full $7.25/hour minimum wage (not just the $2.13/hour cash wage). For an employee receiving the tip credit, the overtime rate is 1.5 × $7.25 = $10.875/hour, minus the allowable tip credit. Tips received must be counted toward the regular rate calculation under FLSA rules applicable in Mississippi.