Wages and Hours Lawyer in Mississippi


As an employee in Mississippi, you have rights. One very important right is the right to minimum and overtime wages. At a minimum, employers must pay their employees the minimum wage established by law. An employer must pay employees for all hours worked. Employers must pay hourly employees overtime for overtime hours worked. Employers must classify their employees properly in terms of whether they are hourly, salary, or contract. Employers must comply with the law to ensure employees are protected and paid properly.

There is more than one way to violate an employee's right to wages and hours. At Watson & Norris, PLLC, our employment lawyer in Mississippi can help you identify and resolve a wage and hour violation. Contact us at 601-968-0000 to schedule a free initial consultation and learn more about how we can make sure you are paid what you are owed and compensated accordingly for any additional damages. 

Protections for Employee Wages and Hours

There are a number of federal and state laws that provide protections for employees to prevent wage and hour violations, also referred to as wage theft. Key protections are found in federal law with state law sometimes providing the same, if not better, protections.

Minimum Wage Laws

The Fair Labor Standards Act (FLSA) sets the federal minimum wage, and many states have their own minimum wage laws that provide even greater protections.  However, Mississippi does not have its own minimum wage laws. These laws ensure that employers pay employees at least a certain amount for their work.

Overtime Pay Laws

The FLSA also requires employers to pay overtime at a rate of at least one and a half times an employee's regular rate of pay for all hours worked over 40 in a workweek. Some states have their own overtime laws that provide additional protections; however, Mississippi is not one of those states.

Timekeeping Requirements

Employers are required to keep accurate records of all hours worked by their employees. This includes both regular and overtime hours, as well as any meal and rest breaks taken. Employees should also be able to access their own records of hours worked.

Classification Rules

The FLSA provides rules for classifying employees as either exempt or non-exempt from overtime pay requirements. Employers must ensure that employees are properly classified and are not misclassified in order to avoid paying overtime.

Protections for Tipped Employees

Employers must ensure that employees who receive tips are paid at least the minimum wage. Tips cannot be used to offset the employer's minimum wage obligations. Additionally, the FLSA sets out rules for tip pools that prohibit employees like managers from stealing tips by participating in the tip pool.

Retaliation Protections

Employers are prohibited from retaliating against employees who file wage and hour claims or raise concerns about violations with their employer.

Consequences of Wage Theft in Mississippi

Employees in Mississippi whose employer has violated minimum or overtime wage laws can file a complaint with the the Department of Labor, or they can file a lawsuit. Employers found to have violated these laws can face penalties, fines, and other consequences.

The range of consequences facing employers who violate any of these laws include but are not limited to:

  • Back Wages. Employers may be required to pay employees the wages for work performed but not properly compensated. This payment may include unpaid wages, overtime pay, and other benefits like paid time off.
  • Penalties. Employers may be subject to civil or criminal penalties for violating wage and hour laws. These penalties can be significant and may include fines, damages, and other fees.
  • Legal Costs. Employers may incur significant legal costs in defending against wage and hour claims. Legal costs include attorney fees, court costs, and other expenses.
  • Reputational Damage. Employers who violate wage and hour laws may suffer damage to their reputation and brand, which can negatively impact their ability to attract and retain customers, employees, and investors. 
  • Government Audits. Employers who violate wage and hour laws may be subject to audits and investigations by government agencies, which can be time-consuming and disruptive to their business operations.
  • Lawsuits. Employers who violate wage and hour laws may face lawsuits by employees or class action lawsuits, which can result in significant damages that go well beyond the total sum of back wages but can include other damages and losses.

In addition to these consequences, employers may also face increased scrutiny and monitoring from government agencies, which can make it more difficult for them to operate their businesses. Employers should make sure they comply with all wage and hour laws to avoid these consequences.

Examples of Wage and Hour Violations in Mississippi

Wage and hour claims are legal disputes that arise when an employer fails to comply with federal or state laws related to minimum wage, overtime, and other aspects of compensation for employees. These claims typically involve allegations that an employer has not paid an employee the wages or benefits to which they are entitled.  

Examples of wage and hour violations include:

  • Failing to pay an employee the minimum wage required by law
  • Failing to pay an employee overtime for hours worked over 40 in a workweek – often this failure includes time worked as well as on-call time (where an employee waits to be engaged to perform their tasks)
  • Failing to pay an employee for all hours worked, including time spent on tasks like opening or closing the business, work performed off-the-clock, and on-call time
  • Misclassifying an employee as exempt from overtime pay when they are actually eligible
  • Misclassifying an employee as a contractor to pay a wage lower than the minimum provided by law
  • Failing to provide required meal and rest breaks
  • Failing to pay an employee for unused vacation or sick time upon termination
  • Failing to pay the difference between a worker's tips and the legal minimum wage
  • Taking tips from workers even if what the employee is left with after paid meets minimum wage laws

When an employee believes that their employer has violated wage and hour laws, they may file a claim with the Department of Labor or file a lawsuit against their employer. 

Steps to Take if Employees' Wages and Hours are Violated

If an employee believes their employer has committed wage theft, several steps may be taken to remedy the situation.

  1. Seek Legal Advice. Employees can consult with an attorney who specializes in wage and hour law to understand their legal options and to ensure that their rights are protected.
  2. File a Lawsuit. Employees can file a lawsuit against their employer for violating wage and hour laws. Employees should consult with an attorney before filing a lawsuit. 
  3. Talk to the Employer. Always viewed as the first step, employees can try to resolve the issue by speaking with their employer and informing them of the violation. It is important to keep a record of any conversations or correspondence with the employer.
  4. File a Claim with the Department of Labor. Employees can file a complaint with the Department of Labor's Wage and Hour Division. The department will investigate the claim and, if it finds that the employer violated the law, may require the employer to pay back wages and other penalties. 
  5. Join a Class Action Lawsuit. If other employees have been similarly affected, the employees can join a class action lawsuit. This can provide more leverage and resources to pursue the claim.

It is important for employees to act quickly if they believe that their employer has violated their wages or hours. There are time limits for filing a claim or lawsuit, so it is best to seek legal advice as soon as possible.

The wage and hour claims process can be complex and time-consuming. Employees who believe that their wages or hours have been violated should seek the advice of an attorney to help them navigate the process.

Contact an Employment Law Attorney in Mississippi Today

We rely on our employers to pay us what we are owed. We depend on our wages so we can pay for all of life's expenses. When denied what is ours, we must fight back to ensure our rights are upheld. If you believe you are a victim of wage theft, contact Watson & Norris, PLLC, and our employment law lawyer in Mississippi will provide smart legal guidance on the matter. 

At Watson & Norris, PLLC, we can be with you at the start of step one, so that when you meet with your employer, you understand your rights and are prepared. In fact, at any step of the process, we will be there to guide you and advocate your interests. Contact us today by filling out the online form or calling us at 601-968-0000 to schedule a free initial consultation.

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At Watson & Norris, PLLC, we focus on Employment Law issues and we are here to listen to you and help you navigate the legal system.

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Watson & Norris, PLLC is committed to answering your questions about Employment Law issues all over Mississippi.

We'll gladly discuss your case with you at your convenience. Contact us today to schedule an appointment.

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