Mississippi Labor Laws: A Complete Guide to Wages, Breaks, Overtime, and More (2025)

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:

• Mississippi Department of Health Website
• Occupational Safety and Health Administration (OSHA) Website

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:

Mississippi Department of Employment Security

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: 

• Florida Overtime Law
• California Overtime Law
• South Carolina Labor Laws
• Nevada Labor Laws
• Connecticut Labor Laws