Employment · Mississippi

Can I sue for unpaid overtime in Mississippi?

the short answer

Past 40 hours in a workweek you are owed one and a half times your regular rate. The federal rule counts by the week and not by the day, so an eleven-hour Monday is not overtime if the week stops at 40, and two weeks may not be averaged together. Nothing in it requires extra pay for nights, weekends or holidays.

source ↗Not yet checked against the statute.

everywhere in the u.s.

governing statute29 U.S.C. § 207(a)(1)source ↗Not yet checked against the statute.

penaltyThe unpaid overtime, and an additional equal amount again as liquidated damages. The court must also allow a reasonable attorney's fee and the costs of the action (29 U.S.C. § 216(b)).source ↗Not yet checked against the statute.

limit2 yearssource ↗Not yet checked against the statute.

alsoTwo years to sue, or three if the violation was willful (29 U.S.C. § 255(a)). The clock runs paycheck by paycheck, so every week you wait drops a week off the back of the claim.source ↗Not yet checked against the statute.

in this state

Where do you report unpaid overtime in Mississippi?

free route

Mississippi has no state minimum wage law and no state overtime rule behind it, so the free route here is the federal Wage and Hour Division. A complaint to it costs nothing, and by law the Division may not disclose your name, what you complained about, or that a complaint exists.

source ↗Not yet checked against the statute.

Which court hears a case like this in Mississippi?

which court

Justice court

source ↗Not yet checked against the statute.

How much can you sue for in Mississippi small claims court?

small claims limit

$3,500

source ↗Not yet checked against the statute.

What else should you know in Mississippi?

also

The federal Department of Labor's state table lists Mississippi as having no state minimum wage law, so the rule above is the whole rule here and nothing is missing from this page.

source ↗Not yet checked against the statute.

your situation

That is the rule. Whether it is your answer is a different question.

Everything above is the law as it reaches everyone in Mississippi. What it means for you turns on facts only you have. Tell us what happened and we'll ask the same questions a lawyer would — about 90 seconds, free, and anonymous.

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unpaid overtime — state by state →other claims in this state →