Mississippi Labor Laws (2025 Guide)

What’s New in 2025

There are currently no significant updates to Mississippi employment laws scheduled for 2025.

Labor Law Posters

Federal Labor Law Posters
State Labor Law Posters

Wage and Hour Laws

Minimum Wage

There are no state laws regulating minimum wage in Mississippi. Employers must comply with the Fair Labor Standards Act (FLSA), which sets the federal minimum wage at $7.25 an hour.

State law prohibits Mississippi localities from setting their own minimum wage rates for private employers.

While the federal minimum wage applies to most employees, there are some exemptions. 

Employers are permitted to pay the lower youth minimum wage of $4.25 per hour—but only to employees under 20 for the first 90 consecutive days of their employment (unless the employee turns 20 during that time, at which point they must be paid the minimum wage). 

Mississippi employers that hire full-time students for retail, service, agriculture, and higher education roles can pay them 85% of the regular minimum wage ($6.16 an hour). Employers must get a certificate from the Department of Labor (DOL) for each student employee they want to pay under the program. (These full-time student employees can’t work more than 8 hours a day and 20 hours a week during school weeks. They may work up to 40 hours a week during school breaks.)

Other exempt employees include seasonal workers, outside salespeople, and some nonprofit employees. See the Wage and Hour Division for a full list.

Tipped Minimum Wage

Mississippi employers can pay employees the tipped minimum wage of $2.13 an hour, provided certain conditions are met:

• The employee must earn at least $30 in tips each month.
• When the tips received are added to the tipped minimum wage, the total must equal or exceed the minimum wage ($7.25).

If an employee receiving the tipped minimum wage doesn’t make enough in tips to push their hourly earnings over $7.25, the employer must make up the difference.

Overtime Laws

Mississippi follows federal FLSA overtime regulations. Unless exempt, employees must be paid 1.5 times their standard hourly wage for all hours over 40 in a week.

Employees exempt from overtime regulations include some computer professionals, commissioned employees, and executive employees. The Wage and Hour Division details the full list of overtime exemption requirements.

Break Laws

Meal and Rest Breaks

The State of Mississippi doesn’t mandate meal or rest breaks for employees of any age.

However, state law requires employers to allow breastfeeding employees to express milk during any breaks they provide.

Employers subject to the FLSA must ensure that any breaks they provide comply with federal law. For instance, any breaks shorter than 20 minutes must be paid.

Recordkeeping Requirements

Mississippi has no general law regarding recordkeeping for private employers. However, employers must maintain records in compliance with unemployment insurance law, worker’s compensation law, and federal law. 

For instance, to comply with FLSA, they must keep records of each employee’s name, Social Security Number, address, sex, occupation, and more. More information can be found on the Wage and Hour Division’s recordkeeping requirements under the FLSA factsheet.

Scheduling Laws

Mississippi has no fair or predictive scheduling laws that require employers to notify employees in advance of their schedules or pay them for last-minute changes.

Employee Compensation and Benefits

Reporting Time Pay

In Mississippi, employers don’t have to pay employees for arriving at work when there’s no work for them. Employers need to pay wages only for hours actually worked.

Payday Frequency and Method

There’s no general state law regarding payday frequency or method, so most employers must follow federal law.

Federal law says employers must pay all employees consistently and on a regular schedule, but it doesn’t mandate how often paydays must be. Any changes to pay periods must be permanent and for legitimate business reasons. 

However, Mississippi state law requires employers in any kind of manufacturing with 50 or more employees to have twice-monthly paydays. Paydays can be every 2 weeks or on the 2nd and 4th Saturday of each month. Employers must pay employees’ full wages for work in the 10 days before payment. Employees in true executive, administrative and professional positions are exempt.

Employers in manufacturing can pay employees using trade checks, coupons, and other written instruments. To do this legally in Mississippi, these employers must cash the checks at full face value. 

Paystub Requirements

Employers aren’t required to provide paystubs or wage statements under Mississippi law.

Wage Deductions and Garnishments

Employees and employers in Mississippi are subject to federal wage deduction and garnishment laws, specifically the Consumer Credit Protection Act (CCPA).

The CCPA limits the extent of garnishment to 25% of the employees’ disposable earnings, or the amount where their disposable earnings exceed 30x the federal minimum wage—whichever is less.

Employers can’t discharge employees because their wages are being garnished for a single debt. (Employees whose wages are subject to multiple garnishments aren’t protected.)

Final Paycheck Laws

Mississippi law doesn’t specify when employers must pay employees’ final paychecks upon termination or resignation.

Under the Mississippi Uniform Disposition of Unclaimed Property Act, employers must deliver any unclaimed wages to the state.

Workers’ Compensation

All employers in Mississippi with 5 or more regular employees must comply with the state’s workers’ compensation laws.

The program, which is administered by the Mississippi Workers’ Compensation Commission (MWCC), provides several benefits to employees (and their eligible dependents) who are injured at work or suffer occupational illnesses.

Here are the key features of the program:

• Workers’ compensation is a no-fault system that provides benefits no matter who was at fault.
• Employees in Mississippi are covered as soon as they start work and don’t have to earn a minimum amount.
• There’s no deductible.
• Workers’ compensation payments are tax-free.
• In the event of an employee’s death, Mississippi’s workers’ compensation program pays benefits to the employee’s eligible dependents.

Mississippi workers’ compensation covers most employees, including nonresidents and people about to become nonresidents. However, the following types of employees may not be covered:

• Those employed by non-profit organizations.
• Domestic workers and farm workers.
• Timber harvesters.
• 15%+ shareholders.
• Transportation and maritime employees under federal liability laws.

Eligible employees may access the following benefits:

• Medical benefits.
• Reimbursement of travel expenses for medical purposes.
• Wage loss benefits (maximum ⅔ of the employee’s average weekly wage or $449.12—whichever is less—for a maximum of 450 weeks).
• Funeral expenses (up to $5,000).
• Death benefits ($1,000).

Employers must have coverage and display their completed Notice of Coverage form in the workplace. There are several options for insurance:

• Private insurance companies licensed to provide workers’ compensation.
• Self-insurance (eligible employers can apply to self-insure).
• Mississippi’s Assigned Risk Pool, which provides insurance for employers who can’t get private coverage.

To claim workers’ compensation, employees should first report their work-related injury or illness to their employer, preferably within 30 days. The employer must then file a First Report of Injury or Illness form with the MWCC and inform their insurance carrier.

A statute of limitations applies to workers’ compensation claims, and claimants must file within 2 years. 

Unlike many states, Mississippi doesn’t prohibit employers from retaliating against employees who file for workers’ compensation.

Unemployment Insurance

The Mississippi Department of Employment Security (MDES) manages Mississippi’s unemployment insurance (UI) benefit program, which provides temporary financial support for eligible employees who lose their jobs.

Employers have the following responsibilities:

• Register as an employer with MDES and pay unemployment taxes on behalf of each of their employees. 
• Submit quarterly wage reports via the MDES online system.
• Retain accurate payroll records—including employee names, Social Security Numbers, earnings, hours worked, and employment dates—for 4 years.
• Prominently display the Unemployment Insurance for Employees notice in a prominent location in the workplace.

To be eligible for UI benefits in Mississippi, employees must:

• Be out of work through no fault of their own.
• Have earned a sufficient amount during the “base period” (the first 4 of the previous 5 quarters before claiming UI).
• Be able and available for full-time work.
• Be actively searching for work.

Employees must register and file an initial claim with MDES’s Unemployment Services and submit weekly claim certifications online with MDES. There’s a 1-week waiting period before successful claimants start receiving payments.

Mississippi UI benefit payments range from $30 to $235 a week. The specific amount is calculated based on each employee’s earnings during their base periods. The state limits the total amount of UI payments employees can receive to 26 weeks or ⅓ of their base period earnings, whichever is less. Mississippi law doesn’t permit extended benefits.

Workplace Rights and Protections

Discrimination and Harassment

Mississippi hasn’t introduced any across-the-board anti-discrimination or harassment law for private employers. As a result, employers in Mississippi must abide by federal anti-discrimination laws enforced by the US Equal Employment Opportunity Commission (EEOC).

The Civil Rights Act applies to employers of 15+ employees and protects:

• Race.
• Color.
• Religion.
• Sex (including pregnancy, transgender status, and sexual orientation).
• National origin.

Employers with 15+ employees mustn’t discriminate against pregnant employees (Pregnant Workers Fairness Act) or employees with mental and physical disabilities (Americans with Disabilities Act).

Employers with 20+ employees are subject to the Age Discrimination in Employment Act (ADEA), which establishes age discrimination protections for workers 40 and older.

The EEOC investigates violations of federal anti-discrimination laws and pursues legal action against law-breaking employers.

Leave Laws

❌ Family and Medical Leave	Mississippi doesn’t have a state-sponsored family and medical leave plan. Eligible employees can take advantage of the federal Family and Medical Leave Act (FMLA) for time off for family and medical reasons.  Under the FMLA, employers of 50+ employees must give eligible employees up to 12 weeks’ unpaid leave per year to: • Recover from a serious medical condition. • Care for a newborn, adopted child, or foster child for the first year after birth or placement. • Care for a child, spouse, or parent with a serious medical condition. • Address “qualifying exigencies” related to a spouse, child, or parent being on covered active military duty. Employees are entitled to FMLA leave after being employed for a year with the same employer and working a minimum of 1,250 hours in the past year. Spouses, parents, and children related to a seriously ill or injured service member are entitled to up to 26 weeks of unpaid leave to provide care.
❌ Paid Sick Leave (limited)	Mississippi law doesn’t require employers to give any paid sick leave.  Mississippi law prohibits cities and counties in Mississippi from imposing a minimum number of sick days, paid or unpaid, on private employers.
❌ Paid Family Leave	No state law mandates paid family leave. Eligible employees can take unpaid family leave for reasons like expanding families and caring for family members.
❌ Pregnancy and Parental Leave	Mississippi law doesn’t enforce any maternity or parental leave. Covered employees can rely on the relevant provisions in the FMLA.
❌ Vacation and Personal Leave	Mississippi has no state law requiring employers to provide vacation and personal leave, paid or unpaid.  A state law prohibits localities from imposing a minimum number of paid or unpaid vacation days.

Other Mandatory Leave

Military Leave	Employers must grant permanent employees unpaid leave to perform military service or training. On return, military leave employees must be reinstated to the same or a similar position. This doesn’t apply when an employee is given a dishonorable discharge.
Jury Duty Leave	Mississippi has several laws regarding jury service: • Employers in Mississippi can’t try to stop employees from participating in jury service by any means.  • When employees give reasonable advance notice of their jury summons, employers can’t take adverse employment action against them. • Employers can’t make employees use their vacation or sick leave to attend jury service. Violations of these state laws are regarded as contempt of court. If an employer with 5 or fewer employees has more than 1 employee called to jury service at the same time, the court will reschedule to avoid overlap.
Organ Donor Leave	Under the Mississippi Organ Donor Leave Act, public employers must offer paid leave for qualifying state employees. There’s no comparable law for private employers.
Witness Leave	Employers mustn’t dismiss employees or threaten them with losing their jobs for testifying in criminal proceedings.

Child Labor Laws

Under Mississippi’s state law, the minimum age for most types of employment is 14. There are additional restrictions based on type of work, age, and working hours.

Children under 14 can’t be employed in: 

• Mills.
• Canneries.
• Workshops.
• Factories.
• Manufacturing establishments.

Fourteen- and 15-year-olds may work in these workplaces, but only under the following conditions:

• No work between 7 pm and 6 am. 
• Maximum 8 hours a day.
• Maximum 44 hours a week. 

Any employer that hires 14- and 15-year-olds must get and keep a signed statement from the child’s legal guardian, as well as a certificate from the minor’s school that shows their:

• Age.
• Last school attended.
• Grade level.
• Teacher’s name.

Mississippi county sheriffs are required to visit employers that employ children at least once a month to check compliance with child labor laws.

County health officers must make at least 2 unannounced inspections a year to children’s workplaces.

Workplace Safety and Health

There’s no state workplace safety and health law in Mississippi. Employers in the state are subject to the federal Occupational Safety and Health Act (OSHA).

Employers’ main obligations under OSHA are to:

• Maintain safe, hazard-free workplaces.
• Post the required OSHA posters in the correct places.
• Abide by all relevant OSHA rules, processes, and regulations.
• Record workplace accidents and illnesses.
• Report workplace fatalities to OSHA within 8 hours.
• Report hospitalizations and serious injuries to OSHA within 24 hours.

Employees can report OSHA violations and safety and health concerns online, and can choose to keep the report anonymous from their employer.

Labor Union Regulations

Mississippi is a right-to-work state. Employers can’t make joining a labor union or organization, or paying fees to one, a condition of employment (or continued employment).

Private employers must also abide by the federal National Labor Relations Act (NLRA), which entitles employees to:

• Join and form labor unions.
• Decline to join a union.
• Engage in concerted activities where 2 or more employees act together to improve employment-related issues, such as pay, without retaliation from the employer.

Employment Contracts and Severance

Employment Contract Laws

Mississippi is an at-will employment state. Employers and employees in Mississippi can legally terminate employment for any lawful reason at any time. (Where employers have created their own rules regarding termination procedures, they must follow them.) 

Non-compete agreements are enforceable when deemed “reasonable.” Mississippi courts will uphold only non-compete agreements that:

• Protect a legitimate business reason, such as proprietary information.
• Are reasonable and specific in scope, geography, and duration.
• Don’t place unreasonable restraints on the employee’s ability to find work.
• Don’t restrict or limit economic freedom and trade.

It’s the employer’s responsibility to prove that non-compete agreements are enforceable.

Severance Pay

Mississippi law doesn’t mandate severance pay. Employers may create their own severance pay policies and agreements. When employers offer severance through policies, employment contracts, or agreements, they must follow the stated terms.

Additional State-Specific Employment Laws

Employers in Mississippi may also have to comply with additional Mississippi-specific labor laws.

Drug Testing	Employers in Mississippi can choose to establish a drug-free workplace policy and conduct employment drug testing.  When conducting drug testing, employers must abide by Mississippi drug and testing regulations, which apply to employers of 1 or more employees. Under the law, employers must: • Give a minimum of 30 days’ written notice before implementing a testing program. • Provide employees required to submit to drug tests with a written drug-testing policy statement. • Post a notice about drug-testing policies in an appropriate location.
Gun Laws	Under Mississippi law, employers: • Can prohibit employees from transporting or storing firearms in vehicles parked in workplace parking lots that physically restrict access to the general public—however, employers shouldn’t terminate employees for having a firearm inside a locked vehicle. • Ban firearms from employer-owned and company-owned vehicles that are used in the course of business. • Display proper signage and policies regarding any workplace firearm prohibitions.
Religious Liberty Act	The Religious Liberty Accommodations Act (or Protecting Freedom of Conscience from Government Discrimination Act) allows religious organizations to make employment decisions based on religious beliefs and moral convictions. Religious organizations may hire and fire employees based on religious beliefs. The Act prohibits state governments from acting against employers that set sex-specific policies and standards regulating: • Employee clothing. • Grooming. • Access to restrooms, spas, baths, showers, dressing rooms, locker rooms, and other intimate facilities. Employers with 15+ employees can still face legal consequences for violating the Civil Rights Act, which prohibits discrimination based on religion and sex.

Legal Resources for Employers and Employees

Employers and employees in Mississippi may find the following helpful:

• Mississippi Department of Employment Security (MDES): Unemployment insurance, employer tax information, and job training programs for employees.
• State Law Library of Mississippi: Publicly available Mississippi law.
• Mississippi Access to Justice Commission: Legal aid and resources for low-income Mississippi residents.

Disclaimer

The information presented on this website about labor laws in Mississippi is a summary for informational purposes only and is not intended as legal advice. However, laws and regulations regularly change and may vary depending on individual circumstances. While we have made every effort to ensure the information provided is up to date and reliable, we cannot guarantee its completeness, accuracy, or applicability to your specific situation. Therefore, we strongly recommend that readers seek guidance from their legal department or a qualified attorney to ensure compliance with applicable laws and regulations. Please note that we cannot be held liable for any actions taken or not taken based on the information presented on this website.