Overtime Laws in Mississippi 2026: Pay Rates, Exemptions & Tax Deduction (2026)

Does Mississippi have overtime laws?

Mississippi does not have a separate state overtime statute. Overtime in Mississippi is governed by the federal Fair Labor Standards Act (FLSA), 29 U.S.C. § 207. Under the FLSA, nonexempt employees must receive overtime pay at 1.5 times their regular rate of pay for all hours worked over 40 in a workweek.

What is the overtime rate in Mississippi in 2026?

The overtime rate in Mississippi is 1.5 times the employee’s regular rate of pay for all hours worked over 40 in a workweek. Based on the applicable minimum wage of $7.25/hour, the minimum overtime rate is $10.875/hour. There is no double-time requirement in Mississippi.

Does Mississippi require daily overtime?

No. Overtime in Mississippi is calculated on a weekly basis only. Working more than 8 hours in a single day does not trigger overtime unless total weekly hours exceed 40. Mississippi has no daily overtime threshold under either state or federal law.

Is mandatory overtime legal in Mississippi?

Under federal law, employers can generally require adult employees to work overtime without limit, as long as proper overtime pay is provided. Mississippi does not have additional state-level restrictions on mandatory overtime. At-will employees who refuse mandatory overtime may face disciplinary action or termination.

Am I exempt from overtime in Mississippi?

Exemption depends on both salary level and job duties. Under the FLSA, employees must earn at least $684/week on a salary basis AND perform executive, administrative, professional, computer, or outside sales duties to qualify as exempt. Mississippi applies the federal threshold — there is no higher state threshold. Employees below $684/week who are paid on a salary basis and meet the duties tests are still nonexempt and entitled to overtime.

Can salaried employees get overtime in Mississippi?

Yes. Being paid a salary does not automatically make an employee exempt from overtime. Salaried employees who earn less than $684/week, or who do not meet the relevant duties tests, are nonexempt and entitled to overtime pay at 1.5 times their regular rate.

Is overtime taxed in Mississippi?

Overtime pay is subject to both federal income tax and Mississippi state income tax. However, under the One Big Beautiful Bill Act (2025–2028), FLSA-covered nonexempt employees may deduct up to $12,500 (or $25,000 for married filing jointly) of the premium portion of overtime from federal taxable income. This federal deduction does not apply to Mississippi state income tax. Mississippi uses selective conformity for its income tax and does not incorporate IRC § 225, so overtime pay remains fully subject to Mississippi income tax at the applicable rate.

How do I calculate the overtime tax deduction?

For time-and-a-half pay, the deductible amount equals one-third of total overtime pay. For example, if an employee earned $6,000 in total overtime pay at time-and-a-half, the qualified overtime compensation deduction is $2,000 (one-third of $6,000). The IRS confirms this calculation method in Notice 2025-69.

How do I file an overtime complaint in Mississippi?

Since Mississippi has no state overtime law, workers file directly with the U.S. Department of Labor, Wage and Hour Division, online at https://www.dol.gov/agencies/whd/contact/complaints or by calling 1-866-487-9243. The FLSA statute of limitations is 2 years (3 years for willful violations).

Can my employer fire me for refusing overtime in Mississippi?

In most cases, yes. Mississippi is an at-will employment state, and employers may discipline or terminate employees who refuse overtime, unless a law, contract, or collective bargaining agreement provides otherwise. Employers cannot, however, retaliate against employees for filing an overtime wage complaint or cooperating with a DOL investigation under 29 U.S.C. § 215(a)(3).

Can my employer give comp time instead of overtime pay in Mississippi?

For private-sector employers in Mississippi, the answer is no. The FLSA does not permit private employers to substitute compensatory time off for overtime wages. Employees who work overtime in the private sector must receive cash compensation at 1.5 times their regular rate. Public-sector employers (state and local government) may offer comp time at 1.5 hours per overtime hour, up to 240 hours (480 hours for public safety workers), under 29 U.S.C. § 207(o).

Does working on weekends or holidays trigger overtime in Mississippi?

No. Under the FLSA, working on weekends or holidays does not automatically constitute overtime. Overtime depends solely on total hours worked in the 7-day workweek, regardless of which days those hours fall on. An employee who works 8 hours on Saturday and Sunday but totals fewer than 40 hours in the workweek is not entitled to overtime for those weekend hours.

What happens if my employer doesn’t pay overtime in Mississippi?

Employees may file a complaint with the U.S. DOL Wage and Hour Division or file a lawsuit in federal or state court under 29 U.S.C. § 216(b). Recoverable amounts include unpaid overtime wages, liquidated damages equal to the amount of unpaid wages, and reasonable attorney’s fees and court costs. The FLSA statute of limitations is 2 years (3 years if the violation is willful).

What is the statute of limitations for overtime claims in Mississippi?

Under the FLSA: 2 years from the date of the violation, extended to 3 years if the violation is willful. Mississippi has no state overtime statute of limitations because there is no separate state overtime law. Employees should act promptly — each week of unpaid overtime is treated as a separate violation for limitations purposes.

Does Mississippi have a higher exempt salary threshold than the federal level?

No. Mississippi follows the federal FLSA threshold of $684/week ($35,568/year). Mississippi has not enacted a higher state-level salary threshold for overtime exemptions. Only a handful of states — Washington, California, New York, Colorado, and Maine — set thresholds above the federal level.

Are agricultural workers entitled to overtime in Mississippi?

Most agricultural workers in Mississippi are exempt from FLSA overtime under 29 U.S.C. § 213(a)(6), particularly those employed on smaller farming operations. Unlike Washington and California, Mississippi has not enacted a state law extending overtime rights to agricultural workers. Workers on larger agricultural operations meeting the FLSA’s threshold for coverage may be entitled to overtime.