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Page, Mannino, Peresich & McDermott, PLLC

Page, Mannino, Peresich & McDermott, PLLC

Biloxi, United States

Founded in 1971
50 people in their team
English
A Full Service Law FirmPage, Mannino, Peresich & McDermott, PLLC is one of Mississippi's oldest and most distinguished law firms.  We serve our clients with experience, dedication and focus from our offices in Biloxi and Madison, Mississippi.  Our attorneys are licensed in...
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About Wage & Hour Law in Biloxi, United States

Wage and Hour laws in Biloxi, Mississippi, are designed to protect the rights of workers concerning the payment of wages and other employment-related hours of work. These laws ensure that employees receive fair compensation for their labor. Biloxi, like the rest of the United States, adheres to federal regulations set forth by the Fair Labor Standards Act (FLSA), which is managed by the U.S. Department of Labor. This law establishes minimum wage, overtime pay eligibility, recordkeeping, and child labor standards. Mississippi does not have a state minimum wage, meaning the current federal minimum wage of $7.25 per hour applies to workers in Biloxi.

Why You May Need a Lawyer

You may need a lawyer specializing in Wage & Hour law in several situations. Common issues include disputes over unpaid wages, misclassification of employees as exempt from overtime pay, failure to receive minimum wage, and violations of rest or meal break requirements. If you believe your employer is not complying with applicable wage and hour laws, seeking legal counsel may be necessary to understand your rights, navigate the legal process, and potentially pursue a claim for back pay or damages.

Local Laws Overview

While Mississippi follows federal guidelines for wage and hour matters, it is crucial for Biloxi workers to be familiar with local labor laws and regulations. Notably, Biloxi has a strong tourism industry, which often involves unique employment contracts and scheduling. Key local considerations include:

  • Minimum Wage: As there is no state minimum wage, the federally mandated $7.25 per hour applies.
  • Overtime Laws: Overtime must be paid at a rate of one and a half times the regular pay rate for hours worked over 40 in a workweek.
  • Youth Employment: There are specific rules under federal law about the hours and types of work that minors can do.
  • Misclassification Issues: Incorrectly classifying employees as independent contractors or exempt can lead to pay and hour disputes.

Frequently Asked Questions

What is the minimum wage in Biloxi?

The minimum wage in Biloxi is $7.25 per hour, consistent with the federal minimum wage.

Am I entitled to overtime pay?

Most employees in Biloxi are entitled to overtime pay at one and a half times their regular pay rate for hours worked over 40 in a single workweek.

How are wage disputes handled?

Wage disputes can often be resolved through negotiations with the employer. If this fails, they may require legal intervention, including filing claims with the Department of Labor or pursing a lawsuit with legal representation.

Can my employer deduct my wages?

Employers can make certain deductions as authorized by the employee or required by law, such as taxes, but must meet minimum wage and overtime requirements after deductions.

What are my rights as a tipped employee?

Tipped employees can be paid a lower basic rate of $2.13 per hour, but the employer must ensure that total earnings including tips equal at least the federal minimum wage.

Are rest and meal breaks required by law?

Federal law does not mandate rest or meal breaks, but if offered, short breaks (5 to 20 minutes) should be compensated as work time.

What are the rules regarding youth employment?

Minors have restrictions on the hours they can work and the types of jobs they can perform, particularly during school weeks and in hazardous operations.

How do I know if I'm classified as an independent contractor?

Proper classification is based on several factors, including the degree of control the employer has over the work. Misclassification can affect wage rights, including overtime pay.

Can my employer retaliate if I file a wage complaint?

Retaliation by employers against employees who file wage complaints is prohibited by law. If you experience retaliation, you should seek legal assistance immediately.

How do I file a complaint about wage and hour violations?

Complaints can be filed directly with the U.S. Department of Labor’s Wage and Hour Division or by seeking the assistance of an attorney to guide you through the process.

Additional Resources

There are several resources available for workers in Biloxi seeking assistance with wage and hour issues:

  • U.S. Department of Labor – Wage and Hour Division: Offers information and a platform to file complaints.
  • Mississippi Workers’ Center for Human Rights: Provides information and support for labor rights issues.
  • Local Legal Aid Services: Organizations like the Mississippi Center for Justice provide legal aid for those who cannot afford a private attorney.

Next Steps

If you believe you need legal assistance with a wage and hour issue in Biloxi, it's important to act promptly. Begin by gathering relevant documentation, including pay stubs, timesheets, and any communications with your employer regarding pay. Contact a lawyer experienced in employment law to discuss your situation and explore potential legal actions. Additionally, you can reach out to the U.S. Department of Labor for guidance and to file a complaint if applicable. Remember, protecting your rights as an employee is both important and within your legal power.

Disclaimer:
The information provided on this page is intended for informational purposes only and should not be construed as legal advice. While we strive to present accurate and up-to-date information, we cannot guarantee the accuracy, completeness, or currentness of the content. Laws and regulations can change frequently, and interpretations of the law can vary. Therefore, you should consult with qualified legal professionals for specific advice tailored to your situation. We disclaim all liability for actions you take or fail to take based on any content on this page. If you find any information to be incorrect or outdated, please contact us, and we will make efforts to rectify it.