The Mississippi Labor Law Guide

Minimum wage is the lowest hourly pay rate that employers are legally obligated to pay employees. While the federal minimum wage serves as a baseline, different states, cities, and regions can adopt their own higher rates.

The current statewide rate is: $7.25 per hour for covered employees.

• Compliance note: Mississippi does not have a state-set minimum wage law. Therefore, Mississippi employers are governed exclusively by the federal Fair Labor Standards Act (FLSA), which dictates the $7.25 per hour minimum.

Cities that have a higher minimum wage:

In Mississippi, there are no cities with a higher minimum wage because local governments are legally preempted from creating them. Under Mississippi state law (Miss. Code Ann. § 17-1-51), counties and municipalities are strictly prohibited from establishing any local or mandatory living wage rates that regulate private employers. The federal $7.25 rate applies universally across the entire state.

→ Learn more about Deputy's labor law compliance software

Tipped minimum wage is the lowest hourly base pay employers are legally obligated to pay eligible employees. Because Mississippi does not have a state minimum wage law, employers are strictly governed by the federal Fair Labor Standards Act (FLSA). Under the FLSA, tipped employees are defined as those who customarily and regularly receive more than $30 a month in tips.

• The current rate is: $2.13 per hour minimum cash wage for eligible tipped employees.

Compliance note: employers are legally permitted to take a "tip credit" of up to $5.12 per hour, meaning the $2.13 cash wage plus the employee's actual tips must equal or exceed the federal minimum wage of $7.25 per hour for the workweek. If the combined total falls short, the employer must pay the difference. Crucially, employers cannot legally use this tipped wage rate unless they have provided prior formal notice of the tip credit provisions to the employee.

Mississippi does not have its own state overtime laws. Therefore, employers are strictly governed by the federal Fair Labor Standards Act (FLSA).

Under the FLSA, covered non-exempt employees are legally entitled to receive overtime pay at a rate of at least one and one-half times their regular rate of pay for all hours worked over 40 within a single 7-day workweek. 

Compliance note: under federal law, an employee's "regular rate of pay" used for this calculation must include their base hourly wage as well as any non-discretionary bonuses, shift differentials, or commissions earned during that workweek.

Mississippi wage and hour laws do not require employers to provide meal periods or rest breaks to employees of any age. Therefore, Mississippi employers must follow federal rules under the Fair Labor Standards Act (FLSA).

The FLSA does not mandate employers to provide meal or rest breaks. However, if an employer chooses to offer them, the following federal payment rules apply:

• Rest breaks: Short breaks (usually lasting 20 minutes or less) must be counted as compensable working time and paid at the employee's regular rate.

• Meal periods: Bona fide meal periods (typically 30 minutes or more) do not need to be paid, provided the employee is completely relieved of all work duties during the entire period. 

  • Compliance note: under federal law, an employee is not required to be permitted to leave the premises for a meal period to be considered unpaid, so long as they are entirely freed from active or inactive work duties.

→ Find out how Deputy can help you simplify meal and rest break compliance

Vacation leave

Mississippi does not require employers to provide paid time off to their employees; employers may choose to offer vacation leave at their discretion.

• Compliance note: while there is no state statute governing vacation pay, if an employer establishes a written policy or contract offering paid vacation, they are legally bound to adhere strictly to their own rules regarding accrual limits, usage, and payout of unused time upon termination.
  

Paid sick leave

Mississippi has no state laws requiring private employers to provide paid or unpaid sick leave. Employers may establish their own internal sick leave policies.

• Compliance note: because the state does not mandate sick leave, Mississippi employers must ensure they comply with the federal Family and Medical Leave Act (FMLA), which requires covered employers to provide up to 12 weeks of unpaid, job-protected leave for qualifying medical and family reasons.
  

Holidays

Mississippi state law does not require private employers to provide paid holidays, unpaid holiday leave, or premium pay for working on a holiday. Any holiday time off or additional holiday compensation is offered strictly at the employer's discretion.

→ Learn more about Deputy's leave management software

Because Mississippi state law applies only to highly specific, archaic industries (such as mills and canneries), the vast majority of modern Mississippi employers are governed exclusively by the federal Fair Labor Standards Act (FLSA).

Minimum working age

• Under 14-years-old: Generally prohibited from working in non-agricultural employment, with very limited federal exceptions (e.g., acting, delivering newspapers, or working for a business entirely owned by their parents).

• 14 and 15-year-olds: May work in retail, food service, and non-hazardous clerical roles. 

  • Compliance note: while Mississippi state law technically outlines rules for 14- and 15-year-olds in manufacturing, the federal FLSA strictly prohibits minors under 16 from working in any manufacturing, mining, or hazardous occupations. Employers must follow the stricter federal ban.

Limits on working hours (14- and 15-year-olds) 

Because Mississippi employers must follow the stricter federal FLSA standards, 14-and 15-year-old employees cannot work:

• During standard school hours.

• For more than 3 hours on a school day or 18 hours in a school week.

• For more than 8 hours on a non-school day or 40 hours in a non-school week.

• Before 7:00 a.m. or after 7:00 p.m. (However, from June 1 through Labor Day, evening hours are extended to 9:00 p.m.).

Permits and record keeping 

Mississippi does not require state-issued work permits or school certificates for minors working in general retail, office, or hospitality roles. However, under federal FLSA recordkeeping rules, employers must maintain accurate records of a minor employee’s date of birth to protect against employing underage workers. 

• Compliance note: Mississippi state statutes still technically require school affidavits for minors working in exempt agricultural canneries, but these do not apply to standard private-sector businesses.

Hiring
Mississippi follows federal laws that prohibit unfair hiring practices, unequal pay, and biased treatment, which includes discrimination based on the following:

• Race

• Color

• Religion

• National origin

• Sex

• Sexual orientation

• Gender identity

• Disability

• Citizenship

• Status

• Age

• Pregnancy status

• Genetic information

• Military or veteran status 

Employers are prohibited from basing hiring decisions on stereotypes or assumptions regarding a candidate’s background. 

Firing
Mississippi employers have the right to terminate employees at will for nearly any reason and no reason at all provided the reason is not unlawful. However, they cannot fire an employee for public policy reasons.