Dealing With Unpaid Wages in Mississippi
My employer hasn't paid me — here's what Mississippi law says and what to do next.
Statute: Miss. Code § 71-1-35; 29 U.S.C. §§ 206-207
Deadline: 15 days
Penalty: Mississippi has no comprehensive state wage payment timing statute. Employees may pursue claims under federal FLSA, which provides for liquidated damages equal to the unpaid wages
What is dealing with unpaid wages?
The federal minimum wage is $7.25 per hour. Your employer must pay you at least this amount for every hour you work. Many states and cities have higher minimum wages — you're entitled to whichever is higher.
Tipped employees have a lower federal minimum ($2.13/hr), but your tips plus wages must equal at least $7.25/hr. If they don't, your employer must make up the difference.
What to Do If Your Employer Pays Below Minimum Wage
Step 1: Know your rate. Check your state and city minimum wage — it's often higher than the $7.25 federal rate.
Step 2: Calculate your actual hourly pay. Divide your total weekly pay by total hours worked. If it's below the minimum, you have a claim.
Step 3: Document everything. Save pay stubs, schedules, and any records of hours worked.
Step 4: File a complaint. Contact the DOL Wage and Hour Division or your state's labor department. Many employment attorneys handle wage cases on contingency.
How Mississippi differs from federal law
Mississippi is one of the few states with no state minimum wage law:
- Only the federal minimum wage of $7.25/hr applies
- Mississippi has never enacted its own minimum wage statute
- Workers not covered by the FLSA have no minimum wage protection in Mississippi
- There is no state tip credit law — the federal tip credit of $2.13/hr applies for covered workers
- State law preempts local governments from enacting their own minimum wage ordinances
Additional steps in Mississippi
File wage complaints with the federal DOL at 1-866-487-9243 or dol.gov. Mississippi does not have a state wage enforcement agency.
What you should NOT do
Don't accept illegal deductions. Your employer cannot deduct for cash register shortages, breakage, or uniforms if it would bring your pay below minimum wage.
Don't ignore tip credit violations. If you're a tipped employee and your tips + base pay don't reach $7.25/hr, your employer must pay the difference.
Don't sign away your rights. Any agreement to work for less than minimum wage is unenforceable under federal law.
Don't wait — the clock is ticking.
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Generate your unpaid wages →This page is general legal information for Mississippi, not legal advice for your specific situation. Laws change, and how a statute applies depends on facts we don't know. For advice on your matter, consult a licensed attorney in Mississippi.