(650) 332-8623Mississippi Labor Laws: A Complete Guide to Wages, Breaks, Overtime, and More (2026)
Mississippi labor laws for 2026: wages, overtime, breaks, child labor, and compliance rules for MS employers and contractors.
What’s new in 2026?
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)
The federal Family and Medical Leave Act (FMLA) applies to Mississippi employers with 50 or more employees. Eligible employees can take up to 12 weeks of unpaid leave per year for qualifying family and medical reasons. Job protection applies when the employee returns. See the DOL FMLA overview for the full eligibility criteria.
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.
Mississippi enacted the Mississippi State Employees Paid Parental Leave Act in March 2025. Private-sector construction employers have zero obligation under this law.
The law covers full-time state agency employees with at least 12 consecutive months of service. It provides 6 weeks of paid leave at 100% salary for the primary caregiver following a birth or adoption. The secondary caregiver provision was removed before the bill was signed. K–12 school employees and community college staff are excluded.
Leave must begin within 12 weeks of the birth or adoption. See the HB 1063 enrolled text for full eligibility details.
Missisippi Wages and Overtime
$7.25 /hourMinimum Wage
Mississippi follows the federal minimum wage of $7.25 per hour. The state has no separate minimum wage law.
Mississippi does NOT have a minimum wage increase scheduled. Bills HB 16, HB 67, HB 71, HB 306, and HB 575 proposed raising the ms minimum wage to between $8.50 and $15.00 per hour. All died in committee in 2025. No minimum wage legislation passed in the 2026 session either. The minimum wage in Mississippi remains $7.25 per hour until Congress acts.
The Mississippi minimum wage has been $7.25 since 2009. State preemption law bars cities and counties from setting a higher local rate.
$2.13 /hourTipped Minimum Wage
The tipped minimum wage is $2.13 per hour. If an employee’s tips do not bring their total hourly rate to $7.25, you must make up the difference. This is the federal tip credit under the FLSA, and Mississippi applies it by default.
Semi-MonthlyPay Frequency
Mississippi law requires manufacturing employers with 50 or more workers and public service companies to pay at least semi-monthly. Other employers should follow their employment contracts and established payroll practices. Pay frequency disputes are handled through MDES.
1.5x hourlyOvertime Rate
Any non-exempt employee who works more than 40 hours in a workweek earns overtime pay at 1.5 times their regular hourly rate. Mississippi labor laws hours worked follow the FLSA standard. There is no daily overtime threshold. The 40-hour weekly total is the only trigger.
FLSA exemption threshold
This section matters to every contractor who classifies a salaried foreman, superintendent, or project manager as exempt from overtime. A federal court vacated the Biden DOL’s 2024 overtime rule on November 15, 2024, in State of Texas v. U.S. Department of Labor. The salary threshold reverted to $684 per week ($35,568 per year).
On May 5, 2026, the Department of Justice formally dismissed its appeal in the Fifth Circuit. That vacatur is now final. There is no pending legal challenge. The FLSA exemption threshold is $684 per week and will remain there until the DOL pursues a new rulemaking.
For construction employers: a salaried foreman must earn at least $684 per week AND meet the duties test to be lawfully exempt from overtime. A foreman earning $680 per week must be paid time-and-a-half for every hour over 40, regardless of job title. See current DOL white-collar exemption guidance for the full duties test.
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.
Income tax withholding update for 2026
Mississippi’s individual income tax dropped from 4.4% (2025) to 4.0% (2026). It applies to income above $10,000. The first $10,000 remains exempt. If your payroll software did not update withholding tables on January 1, 2026, it is over-withholding from your workers’ paychecks. Confirm the update with your payroll provider before the next pay cycle.
The rate will keep dropping: 3.75% in 2027, 3.5% in 2028, 3.25% in 2029, and 3.0% in 2030 under HB 1.
Mississippi Work and Save Program (HB 4073)
HB 4073 was signed April 8, 2026. It created the Mississippi Work and Save Program, a state-run retirement savings option for private-sector workers without employer-sponsored plans. The full text is at legiscan.com/MS/bill/HB4073/2026.
If your construction company does not offer a 401(k), 403(b), SEP, or SIMPLE-IRA, HB 4073 applies to you. You must facilitate payroll-deducted Roth IRA contributions for employees. You are not required to contribute matching funds.
Employees can opt out and choose their own investment vehicle, including a traditional IRA. The State Treasurer oversees the program. Workers covered by Taft-Hartley multiemployer pension plans are exempt.
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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 cannot work in any gainful occupation in Mississippi. There are no exceptions that apply to construction.
14-15 Years
Hour Restrictions
Minors aged 14 to 15 can work between 7:00 AM and 7:00 PM. They are limited to 3 hours on school days and 18 hours per week during the school year. A child labor permit is required. On a construction site, most tasks are off-limits due to hazard restrictions. These minors cannot operate power tools, work near excavations, or handle materials on active job sites.
16-17 Years
Hour Restrictions
Workers aged 16 to 17 may work up to 8 hours per day with no weekly hour cap, but only in non-hazardous roles. Minors under 16 must have a work permit for covered occupations. In construction, prohibited hazardous occupations include operating heavy equipment, roofing, demolition, and working in excavations deeper than four feet. No minor under 18 should be assigned those tasks on your site under any circumstances.
Other Key MS Labor Laws
Health and safety standards in MS
Mississippi operates under federal OSHA jurisdiction for all private-sector worksites. OSHA Mississippi enforcement is handled directly by the federal OSHA area office. The state rejected SB 2447, which would have created a state-level safety office. Federal OSHA governs every private-sector construction site in Mississippi. Review current standards at osha.gov.
In Mississippi, employers must…
- Provide a safe working environment with maintained equipment and written safety policies.
- Train employees on safety procedures, hazard identification, and emergency response.
- Maintain OSHA injury and illness records under 29 CFR Part 1904.
- Report fatalities to OSHA within 8 hours and inpatient hospitalizations, amputations, or eye loss within 24 hours.
- Provide required PPE at no cost to employees.
- Carry workers’ compensation insurance for employers with 5 or more employees.
Workers’ compensation in Mississippi covers on-the-job injuries and illnesses. Benefits equal 66-2/3% of the worker’s average weekly wage. The maximum workers’ compensation weekly benefit for injuries arising in 2026 is $630.73. The maximum benefit period is 450 weeks for temporary total disability or permanent total disability. Employers calculate the average weekly wage using all compensation, including overtime and per diems, over the year before the injury.
In Mississippi, employees should…
- Follow all safety protocols and use PPE as required.
- Report unsafe conditions or incidents to their supervisor immediately.
- Participate in safety training provided by their employer.
Report health and safety violations to…
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
Employers in Mississippi may not discriminate against job applicants or employees based on:
- Race, color, and national origin
- Age (40 and older)
- Sex and gender identity
- Religion
- Pregnancy
- Genetic information
- Physical or mental disability
- Child or spousal support withholding
- Military or veteran status
The federal Pregnant Workers Fairness Act (PWFA) adds a new accommodation requirement. Employers with 15 or more employees must provide reasonable accommodations for known limitations related to pregnancy, childbirth, or related medical conditions. EEOC regulations under the PWFA took effect June 18, 2024. This applies even when the employee is not disabled under the ADA. For construction employers with 15 or more workers, this may mean modified duty assignments, adjusted schedules, or temporary reassignment off physically demanding field roles during pregnancy. Failing to provide reasonable accommodation exposes you to EEOC charges.
Mississippi also follows the ADA. You must provide reasonable accommodations to qualified individuals with disabilities unless doing so causes undue hardship. Employers can consider criminal history under the FCRA. Adverse action based on background check results requires specific notice procedures.
Employee resignation or termination in MS
Mississippi follows employment at-will. You can terminate an employee for any lawful reason without prior notice. Clear, written termination policies in your employee handbook reduce wrongful termination exposure.
Resignation procedures
Workers who quit have no legal obligation to give two weeks’ notice. The two-week standard is professional courtesy, not a legal requirement. After resignation, the employee must receive their final paycheck on the next regularly scheduled payday. Encourage employees to document their resignation in writing to avoid disputes.
Termination procedures
When you terminate an employee, provide the final paycheck no later than the next scheduled pay period or within 7 days, whichever comes first. Document the reason for termination. Written records protect you if the separation is later disputed in court or before MDES.
Unemployment benefits Mississippi
To receive unemployment benefits, a worker must have lost their job through no fault of their own. The minimum weekly benefit is $30. The maximum weekly benefit is $235. These figures are set by MDES and can be reviewed annually.
For employers, the SUI taxable wage base in Mississippi is $14,000 per employee for 2026, unchanged from 2025. You only owe state unemployment tax on the first $14,000 of each worker’s wages per year. New employer SUI rates are 1.00% in year one, 1.10% in year two, and 1.20% in year three. After the third year, your rate is set by MDES based on your claims history. The experienced employer rate ranges from 0.00% to 5.40%.
Workers apply through the Mississippi Department of Employment Security (MDES). They must file weekly certifications and register for work. Failure to certify can delay or deny benefits.
COBRA benefits Mississippi
Federal COBRA applies to employers with 20 or more employees. It allows covered workers and their families to continue group health insurance after a qualifying event for up to 18 months. The employee pays the full premium, up to 102% of the plan cost.
Many construction contractors have fewer than 20 workers. Federal COBRA does not apply to you. Mississippi’s Mini-COBRA law does. Under Miss. Code Ann. § 83-9-51, if your company has fewer than 20 employees and offers group health insurance, terminated employees have the right to elect continued coverage for up to 12 months.
The employee must have been continuously insured under your group plan for at least 3 consecutive months before the qualifying event. They pay the full premium. Mini-COBRA covers medical coverage only. It does not extend dental or vision benefits.
In a divorce, you or your insurer must notify the departing spouse within 14 days. The spouse then has 30 days to elect Mini-COBRA coverage. Missing that notification window exposes you to civil liability. Small construction firms that ignore Mini-COBRA notice requirements are one terminated employee away from a costly claim.
Final paychecks in MS
Mississippi sets firm deadlines for final paychecks:
- Employee quits: final paycheck on the next regularly scheduled payday.
- Employer terminates: final paycheck on the next scheduled pay period or within 7 days, whichever is sooner.
The final paycheck must include all wages earned through the last day of work. If your policy provides for accrued vacation payout, include that amount. Deductions cannot reduce the final paycheck below the minimum wage. Employers can issue payment by direct deposit, check, or payroll card.
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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
Employing a minor in violation of Mississippi child labor laws carries a fine of $50 to $100 per violation. Imprisonment of 10 to 60 days in county jail is also possible. Each underage hire in a prohibited occupation is a separate violation.
Up to $16,550 per violationOSHA violations
Mississippi has no state OSHA plan. Federal OSHA has direct enforcement jurisdiction over every private-sector construction site. OSHA adjusts penalties annually for inflation. The 2026 penalty schedule, effective January 16, 2026:
- Serious violations: up to $16,550 per violation
- Other-than-serious violations: up to $16,550 per violation
- Willful or repeated violations: up to $165,514 per violation
- Failure to abate a cited hazard: up to $16,550 per day beyond the abatement deadline
Verify the current figures directly at osha.gov/penalties, since OSHA updates them every January.
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.
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Looking for other state-specific labor and overtime laws? Check out these guides:
The Bottomline
Labor compliance is the kind of problem that looks manageable until it isn’t. A missed OSHA citation, a wrong wage classification, or a late final paycheck can turn into a six-figure liability faster than most contractors expect.
Workyard’s analysis of 280 contractor discovery calls found that nearly 1 in 3 construction businesses identify labor compliance, including overtime rules, union pay codes, and state wage laws, as a primary operational risk. Workyard is workforce management software especially built for construction businesses.
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The minimum wage in Mississippi is $7.25 per hour, the federal rate under the FLSA. Mississippi has no separate state minimum wage. Bills introduced in the 2025 and 2026 sessions to raise the ms minimum wage all failed in committee. The rate will remain at $7.25 until Congress acts. For workers under 20, employers may pay $4.25 per hour for the first 90 days of employment. After 90 days, the standard $7.25 applies.
No. Mississippi does not require employers to provide meal or rest breaks. The state has no ms labor laws lunch breaks mandate. Federal law applies if you do offer breaks: rest breaks of 20 minutes or fewer must be paid. Meal breaks of 30 or more minutes are unpaid if the worker is fully off duty. On a construction site, you have no legal obligation to schedule a lunch break, but many employers do for safety and productivity reasons.
No. Mississippi has no state-mandated paid family leave program for private-sector employers. HB 1063, signed March 2025 and effective January 1, 2026, covers state agency employees only. It provides 6 weeks of paid parental leave at 100% salary to the primary caregiver following a birth or adoption. The secondary caregiver provision was removed before the governor signed the bill.
Private construction employers owe nothing under HB 1063. K–12 school employees and community college staff are also excluded from the mandate. For private employers in Mississippi, the only leave law that applies is federal FMLA, which provides 12 weeks of unpaid leave for employers with 50 or more employees.
Mississippi follows the federal FLSA for overtime pay. Any non-exempt employee who works more than 40 hours in a workweek earns 1.5 times their regular hourly rate for every hour over 40. There is no daily overtime threshold. For salaried employees, the FLSA exemption requires two things: the employee must earn at least $684 per week ($35,568 per year) and must meet the duties test for executive, administrative, or professional work. A foreman who earns $700 per week and has genuine authority over a crew may qualify as exempt. One earning $680 per week does not, regardless of title. That $684 threshold is final as of May 2026.
OSHA violations carry fines of up to $16,550 per serious violation and up to $165,514 per willful or repeated violation on Mississippi construction sites. Child labor violations carry fines of $50 to $100 per offense and potential jail time of 10 to 60 days. Workers can bring civil actions for unpaid wages, discrimination, and wrongful termination. Anti-discrimination claims can result in back pay, compensatory damages, and attorneys’ fees. Confirm current OSHA figures at osha.gov/penalties.
A child labor permit is required for workers under 16 in certain occupations. Workers 14 to 15 may work limited hours in non-hazardous roles between 7 AM and 7 PM. Workers 16 to 17 may work up to 8 hours per day in non-hazardous jobs. In construction, hazardous work includes operating heavy equipment, demolition, roofing, and excavation deeper than four feet. No minor under 18 should be assigned those tasks on any job site.
Yes. At-will employment Mississippi means you can terminate employees at any time for any lawful reason. Workers can also quit without notice. The exceptions are terminations based on illegal discrimination, retaliation for a protected activity such as filing an OSHA complaint, or breach of a written employment contract. Document your reasons for every termination. Written records protect you if the decision is later challenged.
If an employee quits, issue the final paycheck on the next regularly scheduled payday. If you terminate an employee, issue the final paycheck on the next scheduled pay period or within 7 days, whichever comes first. These rules apply statewide. Mississippi law does not require payment on the last day of work. Issue the final paycheck on time every time. Late final paychecks are one of the easiest labor law violations to avoid and one of the most common ways small contractors get hit with complaints.
Mississippi defaults almost entirely to federal law for private-sector employees. Key federal laws that apply to construction contractors in Mississippi:
- FLSA: minimum wage, overtime, child labor
- FMLA: 12 weeks unpaid leave for qualifying reasons (50+ employee threshold)
- OSHA: workplace safety standards for all private-sector sites
- ADA: disability accommodation for employers with 15+ employees
- PWFA: pregnancy accommodation for employers with 15+ employees (effective June 18, 2024)
- Title VII: anti-discrimination in employment for employers with 15+ employees
- COBRA: health insurance continuation for employers with 20+ employees
- Mississippi Mini-COBRA (§ 83-9-51): continuation coverage for employers with fewer than 20 employees
- Davis-Bacon: prevailing wages on federally funded public works
Labor laws in Mississippi for private employers are minimal at the state level. The state has no paid leave mandate for private employers, no state minimum wage above the federal floor, and no state OSHA plan.
No. Mississippi law prohibits cities and counties from setting their own minimum wage. There are no local minimum wages anywhere in the state. The Mississippi department of labor laws that govern wages default entirely to the federal $7.25 rate. Every construction employer in the state operates under the same wage floor.
