Introduction to employment laws in Mississippi
Overview
Mississippi is home to large concentrations of various industries, including agriculture, manufacturing, healthcare, and
tourism. Employers in Mississippi must comply with a patchwork of federal and state regulations to maintain a healthy
and legally sound work workplace.
In this guide, we’ll explore everything you need to know to maintain compliant when hiring in Mississippi.
Employing in Mississippi: Key employment laws and practices
Standard work hours
In compliance with the standards set by the Fair Labor Standards Act
(FLSA), the standard work hours in Mississippi typically fall between 30 and 40 hours per week, varying by
industry. Contractual agreements may stipulate different working hours for full-time employees depending on the nature
of the job.
For contractual or self-employed professionals, hours of work are often decided based on mutually agreed-upon contract
terms. Adherence to these agreed-upon hours is part of maintaining HR compliance under Mississippi employment laws.
Minimum wage and overtime
In keeping with federal law, the minimum wage in Mississippi is $7.25 per hour, mirroring the federal minimum rate.
Employers need to stay updated with any upcoming changes to the minimum wage laws. Special rules may apply to different
sectors and certain exemptions are allowed as stipulated by the (FLSA).
For non-exempt employees, overtime compensation is required for any work exceeding 40 hours in a week. This compensation
is calculated at 1.5 times the employee’s regular hourly rate. Note that some employees may be exempt from overtime
under specific conditions, such as those performing executive or managerial duties or working in certified professions,
and if their earnings exceed the state exemption threshold of $684 per week.
Insurance and benefits
Mississippi’s employment laws dictate certain obligations toward employee welfare, such as statutory benefits.
State-specific regulations require employers to provide healthcare continuation coverage for up to 12 months, regardless
of the reason for termination of employment. Employers must also provide a statement of deductions from wages for each
pay period during which deductions are made.
| Benefit type | Details |
| Mississippi mini-COBRA | Mandates that businesses with fewer than 19 employees provide former employees and their dependent family members with insurance continuation |
| Workers’ compensation insurance | Required |
| Unemployment insurance | Required |
Meal and rest periods
Mississippi employment laws do not mandate specific breaks or meal periods for employees. However, employers often
voluntarily provide these to maintain employee morale and productivity. Federal law under the
Fair Labor Standards Act (FLSA) states that short breaks (usually 20 minutes or less) are generally compensable,
meaning they count as work time that should be paid.
Meal periods, typically 30 minutes or longer, are not considered work time if they leave employees fully relieved of
work-related duties for their duration—in which case they need not be paid.
In Mississippi, businesses have the discretion to set their own policies regarding breaks and meal periods unless
collective bargaining agreements or other contracts stipulate otherwise.
It is also essential to note that Mississippi has specific provisions regarding breastfeeding breaks. Under Mississippi
employment law, employers may not prohibit employees from expressing breast milk during any meal period or other break
period provided by the employer.
Anti-discrimination laws
Mississippi HR compliance requires adherence to both federal and state anti-discrimination laws. While federal laws
prohibit discrimination based on race, color, national origin, sex, religion, disability, genetic information, and age
(if the employee is at least 40 years old), Mississippi adds further protections.
Employers cannot discriminate against individuals based on their expunged criminal records. Mississippi specifically
protects employees from discrimination due to smoking or the use of tobacco products during non-work hours.
Multiplier makes it easy to manage benefits for Mississippi employees.
Leave policies
Mississippi employment laws do not mandate most types of leave (e.g. sick leave, vacation leave) beyond what is required by federal law. However, certain leave provisions do exist in the state.
Military leave | Employers must grant leave for military service under the Uniformed Services Employment and Reemployment Rights Act (USERRA), which applies to all employers regardless of size. |
Jury duty leave | Mississippi law requires employers to provide time off for employees summoned for jury duty. While this time off does not need to be paid, employers cannot terminate or otherwise penalize an employee because they serve on a jury. |
Crime victim leave | Mississippi also provides leave for employees who are victims of a crime to attend court proceedings. |
Termination laws
Mississippi is an at-will employment state, which means that either the employer or the employee can terminate the employment relationship at any time and for any reason, as long as the reason is not illegal (such as discrimination or retaliation).
Uncommon in the United States, Mississippi does not have any laws dictating when an employer must pay wages to employees who have been separated from employment, whether by termination, discharge, voluntary quit, lay-off, or labor dispute.
If an employer’s policy or contract provides for paid vacations and contains no forfeiture provisions, then upon termination, the employer must pay a terminated employee all vested vacation time not taken prior to the termination.
Mississippi law does not require employers to provide severance pay unless it is stipulated in a contract or company policy.
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Safety and health
Mississippi largely adheres to federal safety and health standards set by the Occupational Safety and Health Administration (OSHA). Employers are required to maintain a safe and healthy workplace free from recognized hazards. They must also comply with specific safety standards pertaining to worker protection, such as the use of personal protective equipment (PPE), hazard communication, and emergency evacuation procedures.
Mississippi has specific laws regarding guns in the workplace. Employers cannot prohibit employees from transporting or storing a gun in a locked vehicle in a parking lot, garage, or other designated parking areas unless the employer restricts public access to these areas.
With regard to driving, Mississippi bans texting and social networking on a hand-held mobile telephone while driving. This ban supports safe driving practices and minimizes the risk of workplace accidents associated with distracted driving.
Taxes in Mississippi
Under Mississippi employment law, both employers and employees have tax obligations. Employers are required to withhold federal income taxes and Mississippi state income taxes from employee wages. Additionally, employers must pay Federal Unemployment Tax Act (FUTA) taxes and Mississippi unemployment insurance taxes.
Tax type | Employer contribution | Employee contribution |
Federal income tax | N/A | Based on IRS guidelines |
State income tax | N/A | Flat rate of 4.7% |
FUTA (Federal unemployment tax act) | Up to 6% of the first $7000 of each employee’s wages per year | N/A |
State unemployment insurance tax | Varies based on employer’s experience rating and state schedule | N/A |
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FAQs
Yes, Mississippi employment laws protect individuals from discrimination based on membership or former membership in covered military service, expunged criminal records, and smoking or use of tobacco products during non-work hours.
Mississippi law requires that employers register with E-Verify to check the employment authorization status of all new hires. The state permits preemployment criminal checks and drug testing but has specific guidelines around them, including written notification to applicants about possible testing and allowing them to provide relevant information, such as prescription medication use.
Mississippi mandates that employers may not prohibit employees from expressing breast milk during any meal period or other break period provided by the employer. There are also specific child labor laws that restrict the occupations in which minors may work and the number of hours they can work.
In regards to healthcare, Mississippi’s healthcare continuation law mandates employers to extend coverage to employees and their dependents whose coverage terminates for any reason.
There are few laws relating to required time off in Mississippi, but they cover all employers. These include military leave, jury duty leave, and crime victim leave. As always, if there is an overlap between federal, state, and/or local law, complying with the law that offers the greatest rights or benefits to the employee will generally apply.
