Employment and labor laws in Mississippi [Updated 2024]

Throughout the United States, employment laws shield employees from discrimination, exploitation, unjust working conditions, and unsafe environments. Employers who fail to follow these regulations can face significant penalties and other legal consequences. However, while federal laws are applicable nationwide, specific legal responsibilities can vary from state to state—or even among cities.

Mississippi provides some additional protections for employees that go beyond federal requirements. Whether you're employing workers in Jackson, Gulfport, Biloxi, or any other part of the Magnolia State, it’s vital to understand and comply with Mississippi's unique employment laws. This post can act as your guide to learning about the basics of Mississippi employment and labor laws.

If you want to stay compliant as you expand in Mississippi and elsewhere in the US, Rippling’s Professional Employer Organization service can manage local tax registration and administration, allowing you to grow your business quickly and easily.

Employment vs. labor law: What’s the difference?

While "employment law" and "labor law" may appear to be similar terms and are frequently interchanged in conversation, they carry separate meanings regarding workplace regulations. Employment law is primarily concerned with the interactions between individual employees and their employers, safeguarding the rights and fair treatment of individual workers. In contrast, labor law deals with the relationships between employers and collective groups of employees, often labor unions.

Here are some details on what each type of law encompasses:

• Employment law covers work hours, wages, recruitment, overtime, employer retaliation, and workplace discrimination.
• Labor law is a subset of employment law that deals specifically with collective action, including union membership, union dues, and collective bargaining agreements.

Wages and hours in Mississippi

In the United States, federal minimum wage laws ensure that all workers receive fair compensation. Overtime laws, on the other hand, ensure that workers are compensated for working over 40 hours per workweek. However, state minimums may be higher than federal ones.

Minimum wage in Mississippi

Mississippi does not set its own minimum wage. Therefore, without a Mississippi minimum wage, employers should look to the federal minimum wage as the standard. As of 2024, the federal minimum wage is $7.25 per hour.

Exceptions for minimum wage include, but are not limited to:

• Farm workers, seasonal workers, newspaper delivery workers, computer employees, domestic servants, full-time and vocational students, and informal workers, including babysitters or elderly companions
• Workers under the age of 20 (paid at $4.25 per hour during their first 90 days of employment)
• Certain nonprofit and educational organizations which may be eligible to pay workers less than the minimum wage
• Tipped employees who earn at least $30 in tips per month, such as restaurant servers—these workers may be paid an hourly cash wage of $2.13

Per Mississippi law, employees of public labor groups, public service organizations, or manufacturing companies with 50 or more employees are due payment once every two weeks. Most private employers can set their own pay periods.

If you employ workers across states, it can be tough to track hourly wages. Luckily, Rippling does the hard work for you, automatically flagging any minimum wage violations based on the employee’s state regulations.

Overtime pay in Mississippi

Because Mississippi doesn’t have its own overtime laws, employers must follow those set out by the US Fair Labor Standards Act (FLSA). Per federal standards, once employees work more than 40 hours in a workweek, they must be paid 1.5x their usual rate for any additional time. There are some exemptions from overtime rules, including outside salespeople, news editors, computer workers, domestic servants, transportation workers, and more. 

Note that child labor laws enforce distinct rules for those aged 14 to 15 and those aged 16 to 17, with maximum hours, work type restrictions, and restrictions on nightwork. Children aged 14 to 15 can’t work more than three hours per day and more than 18 hours per week, while children aged 16 to 17 can’t work more than three hours per school day and more than 18 hours per week.

Need help adhering to overtime laws in Mississippi and elsewhere? Rippling’s payroll software automatically tracks and applies the correct pay rates when an employee’s hours trigger overtime pay requirements.

Pay transparency in Mississippi

Many states—and even specific cities—have implemented pay transparency laws. These regulations require organizations to disclose compensation details, such as salary ranges or wage structures, to job applicants, current employees, or both. The goal of pay transparency is to foster equitable pay, provide greater insight into the factors that influence compensation, and enhance trust between employers and their teams.

While Mississippi has no statewide pay transparency law, city agencies in Jackson aren’t allowed to ask job applicants about their salary history.
Whether you’re enforcing pay transparency or just working toward a more equitable workplace, Rippling helps with compensation bands during onboarding by flagging out-of-band adjustments, so you can approve special cases and block others.

Breaks and rest periods in Mississippi

Employers often offer breaks for employees to recharge or eat meals. Mississippi doesn’t require employers to provide rest breaks. However, under federal law, if an employer chooses to give breaks, then breaks that are 20 minutes or under must be paid. 

Mississippi also doesn’t require employers to provide meal breaks. If an employer chooses to provide meal breaks, they aren’t required to pay employees for that time as long as they are 30 minutes or longer, and employees are fully relieved of their work duties for the entire duration of the break.

Employees who are breastfeeding must be allowed breaks to breastfeed or pump in suitable, private spaces. These breaks may be either paid or unpaid. 

Even if breaks aren’t required by law, many employers still choose to offer them. Giving workers time to relax can boost productivity and lessen the risk of burnout. 

Leaves of absence in Mississippi

Leaves of absence are intended to give employees time off if they need to attend to personal matters, deal with illness, care for a family member, or welcome a new child. Mississippi has few required leaves of absence compared to other states.

The state of Mississippi doesn’t compel employers to provide vacation leave. However, many employers will choose to provide vacation days as a way to attract and retain employees. The leave can be paid or unpaid. 

Mississippi also doesn’t require employers to provide maternity or paternity leave, bereavement leave, voting leave, or holiday leave.

Employers must provide:

• Military leave, per the federal Uniformed Services Employment and Reemployment Rights Act (USERRA)
• Unpaid time off for jury duty leave
• Crime victim leave for those who need to respond to subpoenas or prepare for criminal trials

Employers must also offer family and medical leave per the federal Family and Medical Leave Act (FMLA). Employees may use this to take up to 12 weeks off each year for personal medical matters, which include having a new child, caring for an ill family member, and so on. Employees qualify for FMLA benefits if they have worked for their employer for at least 12 months (at least 25 hours per week) or 1,250 hours in the previous year and if they work in a location where the company employs at least 50 people. Family and medical leave is unpaid but job-protected.

Pregnancy disability leave in Mississippi

Mississippi has no requirements regarding pregnancy disability leave outside of what employees may use through the FMLA. However, employers may choose to offer pregnancy disability leave as part of their benefits package for employees.

Paid sick leave in Mississippi

Mississippi doesn’t require sick leave in addition to FMLA regulations. However, employers in Mississippi will still commonly offer this as a perk.

When you use Rippling, you can fully automate and customize your leave policy. What’s more, you get full visibility into how your employees are utilizing it.

Workplace safety in Mississippi

In the US, employers are responsible for maintaining a safe working environment. Employers must provide safe equipment, implement safety policies, and properly train their workers about safety procedures.

In 1970, the Occupational Safety and Health Act (OSH Act or OSHA) was passed to help prevent workers from being harmed at work. This federal law compels employers to provide employees with safe working conditions. This includes offering training and educational sessions to cover regulations and procedures.

While some states have their own OSHA-approved State Plans, which cover both private and government workplaces, Mississippi falls under federal OSHA jurisdiction for most private sector workers. Some states also require employers to develop Injury and Illness Prevention Programs (IIPP). These are proactive plans that inform employees of potential dangers or hazards in the workplace. While Mississippi doesn’t have this requirement, the Mississippi State Department of Health (MSDH) Occupational Health Surveillance Program helps to survey and identify work-related injuries.

What’s more, Mississippi employers are required to carry workers’ compensation insurance if they have five or more employees. This covers any workplace injuries as well as occupational illnesses, diseases, and deaths. If you need workers’ comp coverage but don’t want to pay upfront for the whole year, Rippling PEO offers a convenient pay-as-you-go plan so you can scale your business stress-free in Mississippi.

Discrimination and harassment laws in Mississippi

All states must follow federal laws that prohibit workplace discrimination. Discrimination can take the form of unfair hiring practices, unequal pay, denial of promotions, and other biased treatment based on an employee or job applicant’s identity or background. Title VII of the Civil Rights Act of 1964 protects against discrimination on the basis of:

• Race
• Color
• Religion
• National origin
• Sex
• Sexual orientation and gender identity
• Disability
• Citizenship status
• Age, for those who are 40 or older
• Pregnancy status
• Genetic information
• Military or veteran status

Mississippi employees and job applicants can file discrimination complaints with the Equal Employment Opportunity Commission (EEOC). 

Mississippi also has its own laws around pay discrimination. The Equal Pay for Equal Work Act went into effect in 2022 and protects workers against sex discrimination in pay if their employer has five or more employees.

While sexual harassment training isn’t legally mandated in Mississippi for non-government workers, requirements vary by state, and training is highly recommended by the Equal Employment Opportunity Commission (EEOC). Training can be a critical step toward protecting your organization, as employers aren’t only liable for any discrimination and harassment they may commit but also liable for the actions and words of their employees.

If you need help implementing sexual harassment training, Rippling’s Learning Management System comes pre-loaded with core courses with specificities to meet any state requirements. 

Unions in Mississippi

Labor unions are loosely defined as employees who act collectively in a group to advocate for fairer and improved working conditions. They may bargain for better benefits, additional time off, higher employee wages, or safer work conditions. Per the National Labor Relations Act (NLRA), all US employees have the right to:

• Form or join a union to negotiate with their employer.
• Engage in collective bargaining by choosing employee representatives.
• Strike and picket if their reasons are considered valid.
• File complaints with their employer, government, or union representatives to improve working conditions.
• Discuss their employment terms and conditions, including compensation or policies, with fellow workers.
• Refrain from joining a union.

It’s illegal for employers to threaten job loss or other punishments if employees don't join unions. Likewise, employers can’t prohibit, threaten, or punish employees who do join unions. 

Mississippi is a “right to work” state under the Mississippi Constitution and Mississippi Code. That means that an employee’s union affiliation (or lack thereof) can’t impact the terms of their employment. Employers have no say in whether employees organize or bargain collectively. However, unions do have some limitations under the Prohibition Against Employer Intimidation Act from intimidating, coercing, or damaging a business to obtain something of value, which can include collective bargaining recognition or other union goals. 

FAQs about Mississippi labor and employment laws

Are independent contractors covered under Mississippi employment laws?

No. Independent contractors, often referred to as freelancers, self-employed individuals, gig workers, or contract workers, don’t fall under the purview of Mississippi employment laws. Therefore, they aren’t entitled to minimum wage, overtime pay, employee leave, or other employee protections.

Distinguishing between employees and independent contractors can be complex. If you discover that full-time employees have been misclassified as contractors, they are entitled to employee protections—and might be owed back pay and other compensation. If you need help classifying your workforce, Rippling’s free analyzer tool can help you determine the employment status of your workers.

Does at-will employment exist in Mississippi?

Yes, Mississippi has “employment at will.” This means that, unless prohibited by an express employment agreement (such as one made through a union or an employment contract), workers can be terminated at any time, without notice, and without reason. Likewise, Mississippi employees are allowed to quit without notice at any time. 

However, the Supreme Court of Mississippi has ruled that employers aren’t allowed to terminate employees for refusing to participate in illegal acts or for reporting illegal acts committed by their employer. More on that below.

Are whistleblowers protected in Mississippi?

There are some whistleblower protections in Mississippi. Whistleblowers are those who report illegal conduct or safety hazards.

In Mississippi, public employees can’t face retaliation for participating in or assisting with public investigations or for filing complaints with investigative bodies. What’s more, you can’t fire employees for making reports or testifying for the enforcement of the Mississippi Vulnerable Adults Act. While there are no other specific laws in the state around whistleblowers, if employees are fired under wrongful terms (including for reporting illegal actions), then they may choose to file a complaint or sue.

What privacy rights do employees have in Mississippi?

While Mississippi doesn’t have a statute specifically recognizing privacy in the workplace, employers should defer to the Common Law Right to Privacy in Mississippi. Under that law, you’re not allowed to intrude on the solitude of individuals. This could take the form of spying on them or otherwise monitoring them. Public disclosure of private facts isn’t allowed if that information isn’t of legitimate public concern and is highly offensive. While there are no laws strictly prohibiting electronic monitoring of employees, Mississippi does prohibit secret taping of conversations. 

Are background checks legal in Mississippi?

There are no state laws in place regarding background checks in Mississippi, though employers must follow all federal laws. Under the Fair Credit Reporting Act (FCRA), which is regulated by the Fair Trade Commission (FTC), you must inform job applicants if you plan to obtain certain information about them and get their written consent to do so. 

Because Mississippi doesn’t have a “ban the box” rule, employers are allowed to ask about criminal records in job applications. However, under the FCRA, if a background check reveals a criminal conviction, you must go through an adverse action process and make sure this conviction would impact the position before deciding not to hire the applicant. 

Is workers’ compensation coverage required in Mississippi?

Yes, Mississippi employers must carry workers’ compensation insurance if they have five or more employees. This insurance covers any workplace injuries, plus occupational illnesses, diseases, and deaths. 

Are there required healthcare benefits in Mississippi?

This depends on the size of the organization. Under the Affordable Care Act (ACA), if you have 50+ Mississippi workers, then you are required to provide health insurance.

Federal COBRA law allows employees to continue health coverage after the conclusion of their employment. The Mississippi mini-COBRA law permits employees to opt in to extend their coverage for up to 12 months after employment termination.

Are Mississippi employers required to provide bereavement leave?

No, employers in Mississippi are not required to provide bereavement leave.

What employee protections are available in Mississippi if layoffs occur?

While Mississippi doesn’t have state protections around mass layoffs, the federal Worker Adjustment and Retraining Notification Act (WARN Act) requires employers to provide 60 days' notice before mass layoffs. Employees must get notice via their union representatives, local officials, and the dislocated worker unit for Mississippi. Should you fail to give terminated workers proper notice, you will owe them 60 days of pay and employee benefits.

Disclaimer: Rippling and its affiliates do not provide tax, legal or accounting advice. This material has been prepared for informational purposes only, and is not intended to provide, and should not be relied on for tax, legal, or accounting advice. You should consult your own tax, legal, and accounting advisors before engaging in any related activities or transactions.