The Mississippi Labor Law Guide

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

$7.25 per hour for most employees (as of 2024)

Mississippi does not have a state-set minimum wage so Mississippi employers should use federal minimum wage. Local cities tend to follow this wage amount and do not set their own higher rates.

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Tipped minimum wage is the lowest hourly pay rate employers are legally obligated to pay employees who earn a significant portion of their income through tips. 

$2.13 per hour for most tipped employees (as of 2024)

The tips are required to increase the employee’s total earnings to the federal minimum wage of $7.25 per hour. If they don’t, the employer must pay the difference.

Mississippi does not have its own state overtime laws. Employers must follow the federal Fair Labor Standards Act (FLSA), which requires non-exempt employees to receive paid time and a half for every hour worked over 40 hours within a workweek.

Mississippi wage and hour laws do not generally require an employer to provide a meal period or rest breaks to non-exempt employees, so in their case, the federal rule applies. The federal rule does not require an employer to provide either a meal period or breaks.

However, if an employer chooses to do so, breaks, usually lasting less than twenty minutes, must be paid. Meal or lunch periods (usually thirty minutes or more) do not need to be paid, so long as the employee is completely relieved of all duties and free to do as they wish during the meal or lunch period.

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Vacation leave
Mississippi does not require employers to provide paid time off to their employees. The employer can choose to offer vacation leave at their discretion. 

Paid Sick Leave
As of April 2024, Mississippi has no state laws requiring private employers to provide paid or unpaid sick leave. However, employers can have their own sick policies. 

Holidays
Mississippi state law does not require private employers to provide paid or unpaid holiday leave.

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There are different child labor laws in Mississippi that depend on the minor’s age. 

Minimum Working Age
Employers that cannot employ children under 14 years old are:

• Mills

• Canneries, except fruit and vegetable canneries

• Workshops

• Factories

• Manufacturing establishments

Unless they have complied with or are complying with the compulsory school attendance law, minors between the ages of 14 and 16 cannot work in:

• Mills

• Canneries, except fruit and vegetable canneries

• Workshops

• Factories

• Manufacturing establishments

Limits on Working Hours
Minors between the ages of 14 and 16 cannot work:

• For more than eight hours a day

• For more than 44 hours a week

• Between the hours of 7:00 PM and 6:00 AM

Permit Required
Employers must keep on file an affidavit of the minor’s parent or guardian and a certificate of the superintendent or principal of the school of the district where the minor resides or where they last attended school that states:

• The child's place and date of birth

• The child's last school attendance

• The grade of study pursued

• The name of the child's school

• The name of the teacher in charge

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.