Mississippi mostly follows federal overtime rules under the Fair Labor Standards Act (FLSA) when it comes to calculating overtime.
This article covers key topics such as how overtime is calculated, who qualifies for it, and which pay types are included. Whether you’re paid by the hour, salary, or piece rate, knowing the rules can help ensure fair pay and proper compliance with Mississippi labor laws.
This Article Covers:
Understanding Overtime in Mississippi
- Which Overtime Laws Apply in Mississippi?
- What is the Regular Rate of Pay in Mississippi?
- How Do You Define a Workweek in Mississippi?
- How Much is Overtime Pay in Mississippi?
- Who is Eligible for Overtime Pay in Mississippi?
- Who is Exempt from Overtime Pay in Mississippi?
- Can Employers Mandate Overtime Work in Mississippi?
Overtime for Hourly Rate, Two or More Hourly Rates, and Salaried Employees in Mississippi
- How Do You Calculate Overtime for Hourly Employees in Mississippi?
- How Do You Calculate Overtime for Employees with Two or More Hourly Rates in Mississippi?
- How Do You Calculate Overtime for Salaried Employees in Mississippi?
Overtime for Complex Pay Structures in Mississippi
- How Do You Calculate Overtime Pay for Piece Rate Employees in Mississippi?
- How Do You Calculate Overtime for Flat Rate Employees in Mississippi?
Additional Considerations for Mississippi Overtime
- Can an Employee Choose Compensatory Time Instead of Overtime in Mississippi?
- Does Mississippi Include Paid Time Off in Overtime Calculations?
Understanding Overtime in Mississippi
Which Overtime Laws Apply in Mississippi?
Mississippi follows the federal Fair Labor Standards Act (FLSA) for overtime rules.
Under the FLSA, non-exempt employees in Mississippi must be paid 1.5 times their regular pay rate for any hours worked over 40 in a workweek.
What is the Regular Rate of Pay in Mississippi?
In Mississippi, the “regular rate” of pay is the average hourly pay an employee earns for their normal, non-overtime work. It includes wages, salaries, commissions, and bonuses—unless specifically excluded by law.
Here’s how to calculate it:
Regular rate = Total pay for the week (excluding legally exempt amounts) ÷ Total hours worked that week.
How Do You Define a Workweek in Mississippi?
A workweek in Mississippi, is a set period of 7 straight days (168 hours in total) used to track an employee’s hours for overtime purposes. It can start on any day and at any time—it doesn’t have to match the calendar week.
This set workweek is used to decide if an employee qualifies for overtime and to check if wage laws under the Fair Labor Standards Act (FLSA) are being followed.
How Much is Overtime Pay in Mississippi?
Overtime in Mississippi is paid at 1.5 times an employee’s regular hourly rate for any hours worked over 40 in a single workweek.
Since Mississippi follows federal minimum wage laws setting the minimum wage at $7.25 per hour, this puts the minimum overtime pay at: ($7.25 per hour x 1.5 = $10.88 per overtime hour).
Who is Eligible for Overtime Pay in Mississippi?
Most hourly workers in Mississippi must be paid overtime unless they are specifically exempt under state or federal law.
Salaried employees may also qualify for overtime if their salary is below the threshold set by the Fair Labor Standards Act (FLSA). In general, if an employee is not exempt, they must be given overtime pay.
Who is Exempt from Overtime Pay in Mississippi?
Not all employees in Mississippi are qualified to receive overtime pay, some employees are exempted by state and federal law. Exemptions depend on job duties and how much the employee earns. Common examples of exempt workers include:
- Executives and administrators earning at least $684 per week
- Computer professionals making $27.63 or more per hour
- Professionals like teachers and lawyers
- Workers at recreational businesses
- Fishermen and taxicab drivers
- Some farmworkers
- Outside salespeople
- Salaried employees earning at least $684 per week ($35,568 per year)
Can Employers Mandate Overtime Work in Mississippi?
Yes, employers in Mississippi can require employees to work overtime.
The federal Fair Labor Standards Act (FLSA), which Mississippi follows, does not limit the number of hours an employee aged 16 or older can be required to work in a workweek, as long as they are paid overtime—1.5 times their regular rate—for all hours worked over 40 in that week.
Overtime for Hourly Rate, Two or More Hourly Rates, and Salaried Employees in Mississippi
How Do You Calculate Overtime for Hourly Employees in Mississippi?
To understand overtime calculations for hourly employees in Mississippi, take the following example.
John is an hourly employee and earns $12.00 per hour. He has worked 45 hours in a specific week and is eligible to earn overtime pay. To determine his overtime wages, we can use the following steps:
Since John earns $12.00 per hour, that would automatically be his regular rate of pay. |
Multiply the regular pay rate by 1.5. John’s overtime rate would then be: ($12.00 x 1.5 = $18.00) |
If John worked 45 hours in a week, his overtime hours would be five: (45 hours – 40 hours = 5 overtime hours). |
Multiply the overtime hours by the overtime rate. From the example, John’s overtime pay would be a total of: (5 hours x $18.00 = $90.00). |
It’s important to note that the regular rate can change if the employee gets extra compensation or incentives during the week.
Learn more about hourly employee rights in Mississippi.
How Do You Calculate Overtime for Employees with Two or More Hourly Rates in Mississippi?
To calculate the regular rate for an employee in Mississippi who has two or more hourly rates, add up their total earnings for the week and divide that by the total hours worked.
For example, if an employee earns a total of $736 in a week from two different hourly jobs and works 46 hours, here’s how you calculate their overtime pay:
Divide weekly earnings by the total hours worked. This would give you a regular pay rate of: ($736 ÷ 46 = $16.00 per hour). |
Multiply the regular pay rate by 1.5 to get the overtime rate. Here, the regular rate is $16.00, the overtime rate would be: ($16.00 x 1.5 = $24.00). |
As the employee worked 46 hours, their overtime hours would be six (46 hours – 40 hours = 6 overtime hours). |
Multiply the overtime rate by the overtime hours. In this example, the overtime pay would be ($24.00 x 6 hours = $144.00). |
How Do You Calculate Overtime for Salaried Employees in Mississippi?
To calculate overtime for a salaried employee in Mississippi, you’ll first need to get their regular rate of pay. You can do so by dividing their weekly salary by the number of hours it covers.
For example, if an employee earns $540 for a 36-hour week, their regular rate would be: ($540 ÷ 36 hours = $15.00 per hour). Overtime pay is 1.5 times this rate for hours over 40.
For salaries covering longer periods, it’s best to convert them to a weekly equivalent. You can do so by using the following formulas:
For Monthly Salary
(Monthly Salary x 12) ÷ 52
For Semimonthly Salary
(Semimonthly Salary x 24) ÷ 52
For example, a monthly salary of $2,600 (or a semimonthly salary of $1,300) for a 40-hour workweek would equate to an hourly rate of $15.00 per hour following the above formulas.
Employers in Mississippi can also calculate the hourly rate by dividing the monthly salary by the number of workdays in the month and then by the hours in a typical workday. However, this rate must meet or exceed the minimum wage.
Learn more about salaried employee rights in Mississippi.
Overtime for Complex Pay Structures in Mississippi
How Do You Calculate Overtime Pay for Piece Rate Employees in Mississippi?
If an employee in Mississippi is paid by the piece instead of by the hour, their regular hourly rate is calculated by adding up all their earnings for the week. This includes piece-rate pay, bonuses, and pay for waiting time. The total is then divided by the number of hours they worked.
For overtime, piece-rate workers are entitled to an extra half of their regular hourly rate for every hour worked beyond 40. This is in cases when the employee has already been paid their normal rate through piece work or other payments.
For example, if an employee works 50 hours and earns $800 from piece work, their regular hourly rate would be: ($800 ÷ 50 = $16.00 per hour).
For the 10 overtime hours, they get an extra $8.00 per hour, adding $80.00 to their total pay. Their final weekly earnings would then be:
Total Regular Earnings + Overtime Pay = $880.00.
How Do You Calculate Overtime for Flat Rate Employees in Mississippi?
A flat rate employee is paid a fixed amount to complete a specific task or job, regardless of the time it takes. In contrast, an hourly employee is paid based on the actual number of hours they work.
Calculating overtime pay for a flat rate employee in Mississippi is a lot similar to how you could calculate it for a regular employee, except with the added flat rate pay.
For example, an employee earns $15.00 per hour for regular work and $22.50 per hour for overtime. If they are also paid a flat rate of $50.00 for completing a special task outside regular hours, this payment must be included in their total earnings when calculating overtime.
Considering all that, if the employee works 46 hours in a week, their total earnings would amount to:
Total Earnings =($15.00 x 40 Regular Working Hours) + ($22.50 x 6 Overtime Hours) + $50.00 Flat Rate for Special Task
Total Earnings = $785.00
Next, get the employee’s regular rate of pay by dividing the total weekly earnings by total weekly work hours.
Regular Rate of Pay = $785 / 46 = $17.07
To calculate overtime pay, the extra half-time rate is determined by dividing $17.07 by two, equaling $8.54 per overtime hour. Since the employee worked six overtime hours, they are owed an additional $51.24.
Additional Considerations for Mississippi Overtime
Can an Employee Choose Compensatory Time Instead of Overtime in Mississippi?
Yes, compensatory time (comp time) instead of overtime is allowed in Mississippi for certain state agencies.
Comp time is earned at 1.5 hours for each hour of overtime worked and must be approved by a supervisor in advance. Employees must use comp time before personal leave, and they cannot accumulate more than 240 hours. This policy does not apply to private-sector employees, who must receive overtime pay under the Fair Labor Standards Act (FLSA).
Does Mississippi Include Paid Time Off in Overtime Calculations?
No, Mississippi does not count paid time off—such as holidays, vacation, or sick leave—when calculating overtime.
Even if an employee is paid for time off, those hours do not count as actual hours worked. Only the hours physically worked are used to determine overtime eligibility. Additionally, employers are not legally required to pay extra, such as double time, for work done on holidays unless they voluntarily choose to provide that benefit.
Important Cautionary Note
This content is provided for informational purposes only. While we make every effort to ensure the accuracy of the information presented, we cannot guarantee that it is free of errors or omissions. Users are advised to independently verify any critical information and should not solely rely on the content provided.
