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Mississippi Labor Laws: A Complete Guide to Wages, Breaks, Overtime, and More (2025)
Explore Mississippi labor laws in our comprehensive guide covering wages, breaks, overtime, and more for 2025. Stay informed on your rights and employer responsibilities in the workplace.

What’s New in 2025?
Mississippi Meals and Breaks
30 MinutesFor Meal Breaks
- Employers may provide unpaid meal breaks, typically not exceeding 30 minutes, often scheduled in the middle of a full-time shift.
- Federal laws require breaks of up to 20 minutes to be paid.
No LawsFor Rest Breaks
- Currently, there are no state laws mandating rest breaks. However, if provided, rest breaks lasting up to 20 minutes must be paid.
- Longer breaks can be unpaid or compensated at the employer’s discretion.
Mississippi Leave and Paid Time Off (PTO)
Employees are entitled to leave under the federal Family and Medical Leave Act (FMLA), which allows up to 12 weeks of unpaid leave for specific family and medical reasons.
Employers are not mandated to provide sick leave, though many choose to offer it. Policies must be clearly defined if sick leave is provided.
There is no state requirement for vacation leave; however, many employers offer it as an incentive. Employment contracts should detail any vacation leave policies.
There is no requirement for employers to provide bereavement leave.
There is no requirement for holiday pay or time off in Mississippi. Employers may choose to offer holiday pay or time off based on their policies.
Employers must allow employees time off for jury duty, sufficient for the service period.
No laws require employers to provide leave for voting.
Mississippi law provides protections for employees who are victims of domestic violence or sexual assault, allowing them to take necessary time off without penalty.
Employees who are volunteer emergency responders are entitled to take leave for training and responding to emergencies, as per state law.
Mississippi law allows employees who are organ or bone marrow donors to take up to seven days of paid leave for the procedure and recovery.
There is no specific school leave policy mandated by Mississippi law. However, some employers may provide this at their discretion.
Governed by USERRA, employees are entitled to leave for military service with job protection upon return.
Missisippi Wages and Overtime
$7.25 /hourMinimum Wage
As of now, Mississippi has not set a specific state minimum wage and follows the federal minimum wage of $7.25 per hour. If there are changes in legislation or proposals for a higher minimum wage by 2025, those would need to be monitored for updates. Currently, there are no official announcements regarding a change for that year.
$2.13 /hourTipped Minimum Wage
In Mississippi, the tipped minimum wage is $2.13 per hour, as allowed by federal law. Employers can count tips towards meeting the federal minimum wage of $7.25 per hour, and must compensate employees if their total earnings fall short.
Semi-MonthlyPay Frequency
Mississippi requires employers to pay employees at least twice monthly. This applies to all manufacturing companies that employ 50+ workers, as well as companies in the public service sector operating their businesses within the state.
1.5x hourlyOvertime Rate
Employees must be paid at least one and a half times their regular hourly rate for any hours worked over 40 in a workweek. This regulation follows the Fair Labor Standards Act (FLSA) guidelines and remains unchanged in 2025.
The state has not established a minimum wage higher than the federal level, which has been unchanged since 2009.
There are multiple bills (House Bill 16 and 67) proposed in the Mississippi legislature aiming to increase the minimum wage, with proposals ranging from $8.50 to $15 per hour. These bills are still in committee and have not yet been enacted.
Workers under the age of 20 can be paid a subminimum wage of $4.25 per hour for the first 90 days of employment. This is designed to encourage the hiring of young workers.
Certain categories of workers may be exempt from the standard minimum wage requirements, including:
- Farm workers
- Seasonal workers
- Newspaper deliverers
- Informal workers (e.g., babysitters)
Nonprofit and educational organizations may also be eligible to pay workers at a rate of 85% of the state mandated minimum wage.
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MS Prevailing Wages
Mississippi does not have its own state prevailing wage laws. If federal funding is involved in the public works construction project, then Davis-Bacon requirements may apply. Contractors must adhere to federal guidelines when working on applicable projects.
MS Child Labor Laws
< 14 Years
Exceptions
Children under 14 are prohibited from working in any gainful occupation.
14-15 Years
Hour Restrictions
- Minors aged 14 and older can work but must adhere to specific regulations.
- Those aged 14-15 can work between 7:00 AM and 7:00 PM, limited to 3 hours on school days and 18 hours per week during the school year.
16-17 Years
Hour Restrictions
- Minors aged 16-17 may work longer hours but only in non-hazardous positions.
- They can work up to 8 hours per day with no restrictions on weekly hours, provided the work is not hazardous.
- Minors under age 16 must obtain a work permit for certain occupations.
Other Key MS Labor Laws
Health and Safety Standards in MS
Mississippi labor laws mandate that all employers provide a safe and healthy work environment, in compliance with federal OSHA standards. The Occupational Safety and Health Administration (OSHA) oversees these regulations, ensuring that workplaces are free from recognized hazards that could cause injury or illness.
In Mississippi, employers must…
- Provide a safe working environment, including maintaining safe equipment and implementing safety policies.
- Train employees on safety procedures and protocols.
- Maintain records of workplace injuries and illnesses as required by OSHA.
- Report serious injuries to OSHA within specified timeframes (e.g., fatalities within 8 hours).
- Conduct regular safety audits and provide necessary personal protective equipment (PPE).
- Carry workers’ compensation insurance if they have five or more employees.
In Mississippi, employees should…
- Follow all safety protocols and use PPE as required.
- Report any unsafe conditions or incidents to their employer immediately.
- Participate in safety training provided by their employer.
Report health and safety violations (unsafe working conditions) in Mississippi to…
Employees:
- Mississippi Department of Health Website
- Occupational Safety and Health Administration (OSHA) Website
Employers:
Hiring and/or Firing Employees in MS
Mississippi follows the “employment at will” doctrine, allowing employers to terminate employees at any time for any reason, as long as it is not unlawful. Employees can also resign without notice. Specific contracts or established termination procedures must be followed to avoid wrongful termination claims.
Mississippi is a right-to-work state, meaning employees cannot be compelled to join a union or pay union dues as a condition of employment. This protects employees from being forced into union membership.
Employers in Mississippi are allowed to conduct background checks and drug testing as part of the hiring process. Refusal to take a drug test can be grounds for not hiring or termination, but employers must comply with federal laws regarding privacy and discrimination.
Mississippi adheres to federal EEO laws that prohibit discrimination based on protected characteristics such as race, color, religion, sex, national origin, age, and disability. Employers must provide equal employment opportunities and cannot terminate employees based on these characteristics.
Anti-Discrimination Laws in MS
Mississippi bars employers from making hiring decisions based on specific criteria or factors.
Criminal History: In Mississippi, employers can consider an applicant’s criminal history in hiring decisions, complying with federal laws like the Fair Credit Reporting Act (FCRA) while noting that certain positions may have restrictions based on convictions.
Disabilities: Mississippi adheres to the Americans with Disabilities Act (ADA), prohibiting discrimination against qualified individuals with disabilities and requiring reasonable accommodations unless it imposes undue hardship on the employer.
Drug Use: Employers in Mississippi can implement drug-free workplace policies and conduct drug testing, but must inform employees of these policies, and cannot discriminate against employees based solely on past drug use unless they are in a rehabilitation program.
Employers in Mississippi may not discriminate against job applicants based on…
- Race
- Color
- Age
- Gender
- Gender-related identity
- Religion
- National origin
- Pregnancy
- Genetic information (including family medical history)
- Physical/mental disability
- Child/spousal support withholding
- Military or veteran status
Employee Resignation or Termination in NC
Employment Status
- At-Will Employment: Mississippi follows the “employment at will” doctrine, meaning employers can terminate employees for any reason that is not illegal (e.g., discrimination or retaliation) without prior notice.
Resignation Procedures
- Notice: While there is no legal requirement for employees to provide notice before resigning, it is generally considered professional to give two weeks’ notice.
- Final Paycheck: Employees who resign must receive their final paycheck on the next regularly scheduled payday.
- Employees are encouraged to document their resignation in writing (e.g., via email or a formal letter) to maintain a record of their intent to leave.
Termination Procedures
- Employer Termination:
- At-Will Employment: Mississippi follows the employment-at-will principle, meaning employers can terminate employees for any reason that is not illegal (e.g., discrimination or retaliation).
- Notice: There is no requirement for employers to provide notice before terminating an employee, although providing notice can help mitigate potential disputes.
- Final Paycheck:
- Employers must provide the final paycheck to terminated employees by the next scheduled payday or within seven days, whichever is sooner.
- Documentation and Policies:
- Employers are recommended to have clear termination policies outlined in employee handbooks. If procedures are specified, they must be followed to avoid potential wrongful termination claims.
- If an employee is terminated for cause, documentation of the reasons should be maintained to support the decision.
Unemployment Benefits in MS
Loss of Employment: To qualify for unemployment benefits in Mississippi, recipients must have lost their job through no fault of their own.
Benefits: The maximum weekly benefit amount is $235, with a minimum of $30. These amounts are subject to review and potential adjustment in 2025.
Application Process:
-
- Guidelines: Individuals can apply for unemployment benefits through the Mississippi Department of Employment Security (MDES). The application can typically be completed online or by phone.
- Details: Applicants must provide necessary information regarding their employment history and earnings. Once a claim is filed, recipients are required to file weekly certifications to verify ongoing eligibility. Failure to do so may result in delays or denial of benefits. Additionally, claimants must register for work with MDES Employment Services and may need to report to their local WIN Job Center for assistance.
COBRA Benefits in MS
Separated employees in Mississippi may extend employer-provided health care coverage through COBRA.
Eligibility
- Individuals are eligible for COBRA benefits if they were covered under an employer’s group health plan before a qualifying event.
- Qualified beneficiaries include employees, their spouses, and dependent children, with qualifying events such as job termination (not due to gross misconduct), reduced hours, death, divorce, or legal separation.
Duration of Coverage
- COBRA coverage lasts up to 18 months following a qualifying event, with potential extensions to 36 months in cases of disability or a second qualifying event like divorce.
Cost of Coverage
- Qualified beneficiaries must pay the full premium for COBRA coverage, which can be up to 102% of the plan’s cost, including the employer’s share and a 2% administrative fee.
State-Specific Provisions
Mississippi does not have additional state-specific COBRA laws beyond federal requirements, so employers must adhere to the federal COBRA regulations established in the Consolidated Omnibus Budget Reconciliation Act (COBRA) of 1986.
Election Period
Qualified beneficiaries have 60 days from the qualifying event or receipt of notice to elect COBRA coverage; failure to do so results in the loss of COBRA benefits.
Loss of Coverage
Coverage may be lost if premiums are not paid on time, if the employer terminates the group health plan, or if a beneficiary becomes eligible for Medicare or obtains other group health coverage after electing COBRA.
Use this website to start your application for COBRA benefits in Mississippi: COBRA Insurance – Mississippi
Final Paychecks in MS
Separated employees in Mississippi must receive their final paychecks in accordance with state law, which outlines specific requirements for timely payment:
If the Employee Quits: Employees who voluntarily resign must receive their final paycheck by the next scheduled payday. There are no specific state laws mandating immediate payment; thus, employers are allowed to process the final paycheck in accordance with their regular payroll schedule.
If the Employer Terminates:
If an employee is terminated (fired or laid off), their final paycheck must be provided no later than the next scheduled pay period or within seven days, whichever is earlier. This ensures that terminated employees receive their earned wages promptly, preventing delays in payment.
Contents of Final Paycheck: The final paycheck should include all wages earned up to the last day of work. This may also include payment for any accrued but unused vacation time if required by company policy. Employers must ensure that deductions do not reduce the final paycheck below the minimum wage.
Payment Methods: Employers can choose how to issue final paychecks.
Payment can be made via direct deposit, physical checks, payroll cards, or other methods as long as they comply with federal regulations regarding timely payment.
For more detailed information on labor laws regarding final paychecks in Mississippi, refer to:
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MS Recordkeeping Requirements
Employers in Mississippi are required to maintain various employment, payroll, and other records for specific durations.
1 Year
Employers must retain these documents for at least one year:
- This includes records related to hiring, promotion, demotion, transfer, layoff, or termination.
2 Years
Employers must retain these documents for at least two years:
- Tme cards, wage rate tables, shipping and billing records, and records of additions to or deductions from wages.
3 Years
Employers must retain these documents for at least three years:
- Payroll records, collective bargaining agreements, employment contracts, and documents related to employee benefits under the Family and Medical Leave Act (FMLA).
5 Years
Employers must retain these documents for at least five years:
- OSHA requires employers to keep records of job-related injuries and illnesses for at least five years.
- This includes maintaining logs of workplace injuries and illnesses in compliance with the Occupational Safety and Health Ac
6+ Years
Employers must retain these documents for six years or more:
- Some records may need to be retained for longer periods based on specific regulations.
- For example, certain documents related to toxic exposure must be kept for up to 30 years, while benefit plans and seniority systems should be maintained while in effect and for at least one year after they end.
Penalties for Labor Law Noncompliance in MS
10 to 60 Days ImprisonmentChild Labor Law Violations
- Fine: $50 to $100 for employing a child in violation of child labor laws.
- Imprisonment: 10 to 60 days in county jail for violations.
Up to $15,625Failure to Comply with OSHA Standards
- Other than serious violations: Fine of up to $15,625 per violation.
- Serious violations: Fine of up to $15,625 per violation, must be proposed.
- Willful violations: Fine of up to $156,259 per violation for intentional violations.
Civil ActionNon-Resident Employer Bond
Employees can bring civil actions against employers for violations of labor laws and may recover damages, including any fines imposed.
In Mississippi, labor law violations are investigated and addressed by…
Individuals can report violations to the Mississippi Department of Employment Security (MDES) for guidance and assistance.
Further Details on Other MS Labor Laws
Proposed Minimum Wage Increases
While Mississippi does have a minimum wage increase scheduled for 2025, there are active legislative proposals pushing for an increase.
- House Bill 16 and House Bill 67 propose raising the minimum wage to $15 per hour.
- House Bill 71 aims for a minimum wage of $10 per hour and tipped employees a minimum of $3.62 per hour.
- House Bill 306 propose raising the minimum wage to $8.50 per hour to reduce poverty.
- House Bill 575 aims for a minimum wage of $10 per hour with an exception for tipped employees.
As of now, all proposed bills are still in committee and have not yet been passed into law. If any of these bills are approved by both houses of the legislature and signed by the governor, they would take effect on July 1, 2025.
Looking for other state-specific labor and overtime laws? Check out these guides:
Mississippi adheres to the federal minimum wage of $7.25 per hour. There have been proposals to increase it, but no changes have been enacted as of now. Legislative proposals include:
House Bill 16 and House Bill 67 propose raising the minimum wage to $15 per hour.
House Bill 71 aims for a minimum wage of $10 per hour and tipped employees a minimum of $3.62 per hour.
House Bill 306 propose raising the minimum wage to $8.50 per hour.
House Bill 575 aims for a minimum wage of $10 per hour except tipped employees.
Employers may provide unpaid meal breaks of up to 30 minutes. Federal law mandates that paid breaks last up to 20 minutes, but there are no state laws requiring rest breaks.
Starting in 2025, Mississippi will implement a state-mandated paid family leave program, allowing up to 12 weeks of paid leave for family-related matters, in addition to the existing unpaid leave under FMLA.
Employees must receive at least 1.5 times their regular hourly wage for any hours worked over 40 in a workweek, following federal Fair Labor Standards Act (FLSA) guidelines.
Violations can result in fines, imprisonment for child labor violations, and significant penalties for failing to comply with OSHA standards. Employees may also pursue civil actions for damages against non-compliant employers.