labor lawAdivision of labor law center

Although Mississippi has no minimum wage, most employees in the state are entitled to $7.25 per hour under federal law. The federal minimum wage was increased on July 24, 2009 from $6.55 per hour to $7.25 per hour.

It is vital for Mississippi employers to update their minimum wage posters immediately.

The FLSA or Fair Labor Standards Act of 1938 is the relevant federal minimum wage law and covers employers with annual revenue of at least $500,000, and those companies engaged in interstate commerce. This law also covers individual employees engaged in interstate commerce.

Below are some examples of what constitutes interstate commerce:

• Using the Internet, a website or email
• Accepting out-of-state phone calls
• Accepting out-of-state checks
• Accepting credit card or debit card payments
• Buying from out-of-state vendors
• Receiving goods from out-of-state vendors 

With more Mississippi companies utilizing Internet technology, there are few who don’t engage in interstate commerce, including employers in Mississippi.

Therefore, the majority of the businesses in Mississippi were affected by the July 24, 2009 increase in the federal minimum wage.

In some states, it is possible for an employee to be entitled to both the state minimum wage and the federal minimum wage. The law states that whenever a worker falls into this category, he or she is entitled to whichever minimum wage provides the greater benefit. That does not apply in Mississippi, of course, since there is no Mississippi minimum wage.

The increase in the federal minimum wage on July 24, 2009, was the third (more…)

Employers have already been warned that the state minimum wage will increase with the new year in Oregon, Washington, Florida, New Mexico, Vermont, Colorado, Arizona, Missouri, Montana, Ohio and Connecticut.

However, employers in other states also have to contend with minimum wage increases this year.

Even if an employer has no minimum wage employees, each increase means the employer must update his or her minimum wage posters. By law, employers are required to display a variety of labor law posters prominently in the workplace. Failure to do so can result in fines, penalties and citations.

On July 1, 2009 the Illinois minimum wage will increase by 50 cents, from $7.50 to $8.00 per hour. This is the final step in a 3-tiered increase introduced by the now-infamous (more…)

Employers in several states, including Mississippi, Colorado and Arizona, are required by law to use E-Verify to check every new employee’s documentation.

In Texas, Hawaii, Michigan and eleven other states, employers are strongly urged to use E-Verify.

Tax incentives are offered in some states, like Georgia, to employers that utilize E-Verify. Government employees, state contractors and sub-contractors are already required to use E-Verify by most states.

Many states are (more…)

 The US Department of Labor, Employee Benefits Security Administration or EBSA has extended the filing deadlines for employer sin a number of states affected by severe weather. Employers should note that the extensions apply only to operations affected by the weather, in regions that have been declared disaster areas by President Bush. Other employers in the areas must file as usual.

The extensions apply to Form 5500 or Form 5500 EZ employer tax documents. Employers should check Part I on Form 5500 or Part 1 on Form 5500 EZ, and attach a statement.

The extensions affect plan administrators, employers and others who regularly file Form 5500.

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