The Federal Government and States enact labor and employment laws to balance the need to ensure employees receive fair treatment and safe working conditions, and the need for employers to attract and retain employees. Mississippi has limited labor and employment laws, leaving employers to look to federal law in many cases. When a state is silent on the law, Federal Law applies.
This article defines which common labor laws are determined through federal or state legislation, including labor laws that are completely unique to the state. Here is everything Mississippi employers need to know.
Employers in the state of Mississippi must be aware of the following core labor laws:
While some areas are governed by federal law more than others, it is important for Mississippi employers to know which areas have state laws and which defer to federal law.
Employers in the state must be responsible for reporting new hires or re-hired employees to the Mississippi Department of Human Services (MDHS).
Under Mississippi Code 43-19-46 and 93-11-101, the state of Mississippi requires all employers, whether public, private, non-profit, or government, to report the following employees to the MDHS within 15 days of his or her starting date:
Employers hiring independent contractors are exempt from new hire reporting requirements; however, the MDHS will accept reports for independent contractors if submitted.
Employees of labor unions and hiring halls that are paid directly from the labor organization must be reported under the labor organization itself.
Employers can report new hires in one of three ways: electronically, by mail, or by fax.
Electronic submissions can be done through the MDHS new hire reporting portal, OR by exporting an acceptable file format that can be exported from a human resource software solution. Further instructions for electronic submission can be found here.
Employers choosing to report new hires through mail or fax can reach out to the MDHS using the following information:
Mailing new hire reports:
Mississippi State Directory of New Hires
PO Box 437
Norwell, MA, 02061
Faxing new hire reports:
(800) 937-8668
For each new hire report, under federal and state legislation, employers are required to provide information regarding the business and the employee being hired.
Employers must provide the following information:
Employers must also provide the following employee information:
Employers reporting new hires electronically may be asked to provide additional information.
Employers failing to report new hires in the state of Mississippi are to expect a fine of up to $25 per employee not reported. Employers found to intentionally not report an employee or found to be conspiring with the employee to deliberately not report can expect a penalty of up to $500 per employee.
Mississippi law regarding criminal records for employment generally follows federal laws, primarily the Fair Credit Reporting Act (FCRA), which gives applicant employees protections during background checks administered by a third party.
In most cases, Mississippi employers can use criminal records during the hiring process to determine the hiring final decision, so long as employers maintain compliance with discrimination laws under the U.S. Equal Employment Opportunity Commission (EEOC).
Additionally, Mississippi requires comprehensive background checks for applicant employees in healthcare or childcare facilities. Applicable employers can process background checks online through the Mississippi State Department of Health.
Mississippi employers may conduct drug and alcohol tests for applicants and employees in accordance with Mississippi Code 71-7-5.
Employers can require drug and alcohol testing as a part of the hiring process. If an applicant refuses to perform a drug and alcohol test or receives a positive test result, the employer has the right to deny the opportunity to hire. All employees may also be subjected to drug and alcohol testing if the employer has a reasonable suspicion to administer testing.
Drug and alcohol tests can also be administered if an employee is injured within the workplace.
While Mississippi allows the medical use of marijuana, employers may prohibit employees from using medical marijuana within the workplace under the Mississippi Medical Cannabis Act. It is also the employer's discretion to discipline employees that have used medical marijuana on the job.
While the state of Mississippi does not have state-wide legislation regarding a salary history ban, the city of Jackson has its own local ordinance regarding salary history.
Effective June 13, 2019, Jackson city employers are prohibited from inquiring applicants to share his or her salary history from the previous job.
Mississippi has not enacted state laws that govern wage and hour issues. Therefore, an employer must follow Federal Law set forth by the U.S. Wage and Hour Division, a U.S. Department of Labor division.
Employee classifications under the Fair Labor Standards Act (FLSA) are classified into three types of workers: non-exempt, exempt, and independent contractors. Exempt employees do not apply to minimum wage or overtime pay laws.
Employers should ensure that employees are properly classified, as the misclassification of a worker may have state and federal monetary consequences.
Mississippi has not adopted a statewide minimum wage; therefore, the Fair Labor Standards Act, which sets $7.25 per hour as the Federal Minimum Wage, applies. The rate of $7.25 per hour is the lowest hourly wage an employer can legally pay in Mississippi, with some exceptions.
As per the federal minimum wage standards set by the FLSA, the tipped minimum wage for Mississippi is $2.13 per hour, meaning Mississippi employers must pay at least that rate. If an employee does not make the minimum wage amount in each workweek, the employer must pay the difference, adding up to $7.25 per hour.
Employers can claim a tip credit of an employee’s tipped wages, with a maximum amount being $5.12 per hour. The tip credit claimed by the employer cannot exceed the amount of tips actually received from the employee.
Mississippi has not enacted a law or statute that governs final paychecks. Under Federal law, employers are not required to provide final pay immediately upon separation of employment. However, they should be paid by the last payday in the pay period. The Alabama Department of Labor is responsible for investigating and collecting wage claims filed by employees.
Mississippi has no law or statute that governs overtime pay; therefore, Federal law, specifically FLSA, applies. Under the FLSA, most hourly employees of covered employers are entitled to overtime. The overtime pay rate is 1.5 times the regular hourly wage for any hours worked over 40 in a single workweek, which is defined as any seven consecutive workdays.
In accordance with the Mississippi Code of 1972 under Title 71, employers in the state with 50 or more employees must pay an employee in full twice a month.
Payment of wages can be made either:
Regardless of how wages are paid, employers must compensate employees for all work performed up to 10 days before payday. Public service employers can wait up to 15 days before payday.
Neither Mississippi state laws nor federal laws under the FLSA require meal or rest breaks to be granted to employees. However, Mississippi employers must still follow guidelines under the FLSA if breaks are offered.
If employers offer short breaks (usually lasting about 5 to 20 minutes), such breaks must be considered as payable work hours. They are to be included in the sum of hours worked during the workweek and must be considered when determining overtime.
FLSA Meal periods (typically lasting at least 30 minutes) serve a different purpose than coffee or snack breaks and, thus, are not work time and are not compensable.
Generally, Mississippi child labor laws mirror federal law as outlined in the FLSA, with some exceptions unique to the state legislation.
Mississippi child labor laws specify restrictions only for minor employees under 16 years of age if he or she perform work in the following establishments:
Before employing minor employees under the age of 16 working in the specified establishments, a work permit must be obtained from his or her school district.
The work permit must be certified by the principal or the superintendent. Minor employees can consult with a guidance counselor or school administrator for a valid work permit.
Mississippi child labor laws have unique time and hour restrictions for minor employees under the age of 16 working in the specified establishments.
These time and hour restrictions are as follows:
It’s important to note that the child labor restrictions do not specify whether they are affected by times when school is in session.
Employee leave laws in Mississippi are limited to the following types of leave:
Employees can begin accruing each type of leave on the first working day of each month worked. Leave can be taken on the first day of the month after the leave is accrued.
Additionally, Mississippi law specifies certain protections to employees taking leave for other reasons not mandated by the state of Mississippi.
Major medical leave, commonly referred to as sick leave, may be used for the illness or injury of an employee or member of the employee's immediate family, which is defined as:
Accrual rates for major medical leave vary based on the amount of time an employee has been with the company, as follows:
Continuous Service |
Monthly Accrual Rate |
Annual Accrual Rate |
| One month to 3 years | 8 hours | 12 days |
| 37 months to 8 years | 7 hours | 10.5 days |
| 97 months to 15 years | 6 hours | 9 days |
| Over 15 years | 5 hours | 7.5 days |
Part-time and temporary employees are to accrue major medical leave on a pro rata basis, meaning the amount accrued is proportional to the hours worked by the employee compared to that of a full-time employee.
Before using major medical leave, employees must use at least one day of personal leave or compensatory leave (as detailed in the FLSA) for each absence due to illness. If the employee has not accrued personal or compensatory leave, the first day must be taken as a standard unpaid leave day.
Employees needing to take a leave of absence for 32 consecutive working hours due to illness may use major medical leave if the absence is certified by a physician.
An employee that has exhausted all accrued major medical leave can use personal or compensatory leave for continued leave.
Major medical leave can be used for each occurrence of an immediate family member’s death and does not require personal or compensatory leave to be used prior.
Employees can also use accrued major medical leave for up to six weeks for the following:
Mississippi code allows public employees and state officers to accrue personal leave as follows:
Continuous Service |
Monthly Accrual Rate |
Annual Accrual Rate |
| One month to 3 years | 12 hours | 18 days |
| 37 months to 8 years | 14 hours | 21 days |
| 97 months to 15 years | 16 hours | 24 days |
| Over 15 years | 18 hours | 27 days |
Requests to use personal leave must still be approved by the employer before leave is taken.
In the event an employee dies with unused personal leave accrued, the beneficiaries will receive compensation.
No law in Mississippi requires private employers to provide employees with sick leave benefits, either paid or unpaid. Employers may offer such benefits, and if offered, employers must strictly adhere to the company policy or employment contract terms. Please note that Mississippi employers may be required to provide an employee with unpaid sick leave under the Family and Medical Leave Act or other federal laws.
Mississippi Governor Tate Reeves signed and approved House Bill 1063, or the Mississippi State Employees Paid Parental Leave Act (PPLA), effective January 1, 2026. The PPLA grants paid leave for employees that are the primary caregiver to a child and must be used for either:
PPLA leave must be taken within 12 weeks of the qualifying event, and employees must notify the employer at least 30 days in advance or at the earliest possible opportunity if necessary. Employees may take a maximum of 6 weeks of paid leave under PPLA.
PPLA is an addition to existing leave types and runs concurrently with both federal and state leave laws. As such, employees do not have to use Mississippi's major medical or personal leave to care for a newborn or adopted child.
While Mississippi offers limited leave laws for employees, there are protections for taking certain types of leave that are not covered by state legislation. These laws include the following:
Mississippi law requires employers to provide unpaid leave to allow an employee to respond to a jury summons or serve on a jury. It is unlawful for an employer to persuade or attempt to persuade any juror to avoid jury service by intimidation or threat. Additionally, an employer may not subject such an employee to adverse employment action for an employee to respond to a jury summons or serve on a jury, so long as the employer has received proper notification.
Mississippi law does not require an employer to offer paid or unpaid leave to vote. Suppose an employee’s regular working hours do not otherwise allow that employee time to cast his or her vote. In that case, an employer may let the employee take a vacation or leave time, so the employee has the necessary time to vote.
Mississippi employers are not required to provide paid or unpaid vacation leave. If an employer chooses to provide vacation leave, it must comply with its established policy or employment contract terms. Though Mississippi state law does not require employers to pay out unused accrued vacation at termination, the employer policy, employment contract, or a consistent practice may create a legal obligation to pay.
In Mississippi, private employers are not required to provide employees paid or unpaid holiday leave, and require employee to work holidays. Employees who work on holidays are not entitled to premium pay, such as 1.5 times their regular pay rate, unless such time qualifies the employee for overtime Federal overtime laws, or the FLSA. If an employer chooses to provide either paid or unpaid holiday leave, it must comply with its established policy or employment contract terms.
Outside of the federal requirements for the Affordable Care Act (ACA), Mississippi has its own mini-COBRA and unemployment insurance laws.
Similar to many states, Mississippi has adopted its own mini-COBRA law, providing continued coverage of group health insurance for employees and his or her dependents when coverage is lost due to a qualifying event.
Mississippi mini-COBRA applies to employers with fewer than 20 employees providing group health insurance. Unlike federal COBRA law, Mississippi mini-COBRA only lasts up to 12 months instead of 18 months.
Mini-COBRA participants must enroll in continued benefits within 30 days of receiving a notice. Employees are also responsible for 100% of the premiums, with an added 2% to administrative fees.
Employees may qualify for Mississippi mini-COBRA if the employee experiences one of the following events:
Additionally, the employee or dependent covered must be enrolled in the group health insurance plan for at least 3 consecutive months before coverage ends.
While Mississippi does not have mandatory employee retirement savings plan laws that cover public employers, qualified state employees of the state must participate in the Public Employees’ Retirement System (PERS).
Employees required to contribute to PERS must work at least 20 hours per week, with a total of at least 80 hours per month, and must be employed at a covered public employer.
Examples of workers working for a covered public employer include, but are not limited to:
Employee retirement plans, vesting periods, and employee contribution structures are determined based on an organized tier system based on the employee’s date of hire and entry into PERS.
Below are the retirement tiers and employee eligibility:
Retirement Tiers |
Hire / Entry Date |
Annual Accrual Rate |
Retirement Eligibility |
| Tier 1 | June 30, 1992, or earlier | 4 Years | 25 years at any age or age 60 and vested |
| Tier 2 | July 1, 1992, through June 30, 2007 | 4 Years | 25 years at any age or age 60 and vested |
| Tier 3 | July 1, 2007, through June 30, 2011 | 8 Years | 25 years at any age or age 60 and vested |
| Tier 4 | July 1, 2011, through February 28, 2026 | 8 Years | 30 years at any age or age 60 and vested |
| Tier 5 | March 1, 2026, or later | 8 Years | 35 years at any age or age 62 and vested |
Employees covered under Tiers 1 through 4 contribute to a traditional defined benefit (DB) pension plan, where the employer is responsible for contributing to the employee’s retirement.
Effective March 1, 2026, as established in House Bill 1, 2025, the Tier 5 retirement plan begins, offering a hybrid of the traditional DB pension and a defined contribution (DC) plan, requiring employees to contribute a certain amount towards the plan.
Tier 5 employees must pay a mandatory 9% of his or her salary into the DB pension plan, and a mandatory 5% into the DC plan.
Mississippi manages an unemployment benefits program administered by the MDES.
For an employee to qualify for unemployment benefits, he or she must have:
Employees must also fulfill these general requirements to be eligible for benefits:
Note that employees terminated for reasons beyond lack of available work will have an investigation to determine if the employee is eligible for benefits.
For 2025 through 2026, weekly benefit amount limits in Mississippi are as follows:
The weekly benefit amount is calculated based on total wages in the highest quarter of the employee’s base period (based on the first four quarters of wages). The MDES provides a chart that allows employees to calculate his or her weekly benefit amount.
Employees can receive up to 26 times the maximum weekly benefit or one-third of his or her total base period wages, whichever amount is less.
If a filed claim determines that an employee does not have sufficient wages in his or her base period, he or she can reapply once the quarter changes.
The MDES handles unemployment benefits for eligible employees and is responsible for administering and collecting taxes for unemployment insurance. Most Mississippi employers are required to pay unemployment taxes, with some exceptions.
Generally, Mississippi employers are required to pay unemployment taxes if the employer:
For certain businesses, the requirement to pay unemployment taxes is based on their employment record and varies by industry:
For employers, the 2025 taxable wage base is $14,000 per employee per calendar year. The contribution rates are determined by an individual organization’s claims history. The MDES calculates the proper unemployment contribution rate based on the benefit ratio formula annually.
For 2025, the minimum contribution amount can be as low as 0% and the maximum contribution rate as high as 5.4%.
Employers must also produce tax reports alongside contributions on a quarterly basis. For more information on how to report taxes for unemployment insurance, Mississippi employers can consult the MDES for unemployment tax reporting and filing.
Because many businesses in Mississippi require unemployment insurance, registering any new business for unemployment insurance should be a top priority. Employers looking to start a business in Mississippi should review the state’s business registration requirements and begin the process with a business registration service.
While there are no specific health and safety laws for Mississippi, employers must maintain compliance with federal health and safety laws governed by the Occupational Safety and Health Administration (OSHA).
However, Mississippi employers must be aware of laws regarding weapons in the workplace.
In accordance with Mississippi Code Section 45-9-55, public and private employers are prohibited from having and enforcing policies that prohibit employees from transporting and storing firearms in his or her locked vehicles within the workplace’s designated parking area.
In some cases, exceptions to the law follow, including:
All employers in Mississippi are not held legally responsible for damages from incidents involving the transportation, storage, possession, or use of a firearm.
In accordance with the Mississippi Workers’ Compensation Law, all employers are required to provide workers' compensation insurance with some exceptions. Workers' compensation insurance is managed and administered by the Mississippi Workers' Compensation Commission (MWCC).
All employers must show proof of workers’ compensation insurance to the MWCC. Employers that have registered for workers' compensation insurance with a MWCC-approved insurance provider must file proof of compliance through the National Council on Compensation Insurance’s Proof of Coverage System (NCCI) or an approved vendor.
Employers that cannot secure workers’ compensation insurance or are considered a high-risk business, the MWCC allows an assigned risk pool administered and covered by the NCCI. Employers can apply for the Mississippi assigned risk pool through the NCCI website.
Employers that have obtained workers' compensation insurance must also have a Notice of Coverage poster visible to all employees in the workplace.
When injuries or deaths occur to employees within the workplace, the employer must file a claim with the MWCC. The employer must file a First Report of Injury or Illness form, as well as prepare additional employee records in the event the MWCC requests more information.
Employers are required to maintain records of all injuries within the workplace.
The MWCC allows employers to be self-insured for workers’ compensation benefits, covering all the costs of workers’ compensation insurance directly with full liability. Employers choosing to self-insure must complete an application from the MWCC, the Self-Insured Employer Application form. To be approved for self-insurance, employers must secure at least $100,000.
In the event that the employer is unable to pay for workers’ compensation, the Mississippi Workers’ Compensation Individual Self-insurer Guaranty Association (IGA) will provide coverage to employees. Employers are required to apply for an additional form with the IGA prior to being self-insured.
Self-insured employers must fulfill certain responsibilities in accordance with the MWCC and IGA, including but not limited to:
The MWCC can also approve employers to participate in a group workers’ compensation self-insured program. To gain approval and the authority to be a self-insurance group, the group of employers must apply through the MWCC, providing a presentation as to why the group should be formed. Employers will have to pay a $5,000 filing fee.
Self-insured groups must renew their certificate of authority with the MWCC annually, with each group member providing financial information as requested.
All private and public service organizations with 5 or more employees must adhere to the Mississippi Workers’ Compensation Law, with the exception of the following types of organizations:
Most states have state-specific laws that prohibit discrimination. However, Mississippi does not have such regulations, with minor exceptions, nor does it have a state enforcement agency. If one wishes to file a discrimination charge in Mississippi, he or she may do so through the EEOC.
Employers in Mississippi are subject to Federal Discrimination statutes, which cover employers with at least 15 employees and prohibit discrimination based on color, national origin, pregnancy, race, religion, and sex, as well as retaliation, in all terms and conditions of employment.
Federal Discrimination Statutes that Mississippi employers should adhere to include:
The EEOC enforces all Federal Discrimination laws and provides oversight and coordination of all federal equal employment opportunity regulations, practices, and policies.
One of the few discrimination laws unique to Mississippi is under Mississippi Code Chapter 1, section 71-1-55, which prohibits discrimination against breastfeeding moms who use lawful break time to express milk.
Mississippi employers are required to provide federal and state labor law posters to employees in the workplace or at worksites where employees perform work. These labor law posters must be displayed in a conspicuous place and visible to all employees.
All employers in the state of Mississippi must have the following federal labor law posters:
All employers in Mississippi must have the following state labor law posters in addition to federal posters as mandated by the MDES:
Mississippi employers should always have the most up-to-date labor law posters to avoid severe penalties. Using a labor law poster subscription service ensures employers are covered with accurate versions of the required posters.
Employers must retain the following employee records in compliance with federal recordkeeping requirements:
Payroll records must be kept for at least 3 years, while records used for calculating wages (time cards, wage deductions, wage rate tables) must be kept for at least 2 years.
For accurate and proper wage calculations, employers should be equipped with the latest time and attendance software for reliable and secure timekeeping processes.
As Mississippi has enacted limited labor and employment laws, employers need to know Federal laws as they apply in such cases. In this case, the lack of state labor law may actually streamline compliance across various topics, proving easier on the Human Resources professional.
Despite having fewer state-specific labor laws, many businesses still struggle with maintaining compliance with federal labor laws as well, particularly if employers are unsure if state-specific labor laws exist for a particular topic. Furthering this, managing time capture, payroll processing, and employee benefits administration on top of compliance management can become a far bigger project to handle.
Partnering with HR experts who specialize in Mississippi HR and payroll services can relieve administrative burden for companies of all sizes. If your business is in need of a Mississippi payroll and HR company, contact us or get connected with a provider today.