Mississippi Minimum Wage 2026
⚠️Informational only — not legal or tax advice.
Last Updated: February 8, 2026
Last Reviewed: February 8, 2026
Applicable Period: 2026
Jurisdiction: State of Mississippi, United States
Update Schedule: Quarterly reviews in 2026; annual reviews thereafter
Table of Contents
- Introduction
- Mississippi Minimum Wage – 2026 Quick Reference
- Overview of Minimum Wage Law in Mississippi
- Current Minimum Wage Rates in Mississippi 2026
- Minimum Wage for Tipped Employees
- Local Minimum Wage Ordinances in Mississippi
- Who Is Covered and Who Is Exempt
- Employer Obligations and Enforcement
- Mississippi Minimum Wage vs Federal Law
- Minimum Wage Posting Requirements
- Frequently Asked Questions
- Information Verification Log
Introduction
The minimum wage in Mississippi establishes the lowest hourly compensation that employers must legally provide to covered employees. For 2026, Mississippi adopts the federal minimum wage of $7.25 per hour under the Fair Labor Standards Act. Mississippi does not have a state-specific minimum wage law, meaning employers covered by federal law must comply with the federal rate.
Minimum wage requirements in Mississippi operate under federal law through the Fair Labor Standards Act (FLSA) rather than state statute. Mississippi Code § 25-3-40 declares the Mississippi Legislature’s intent to implement the federal minimum wage as enacted by Congress. The U.S. Department of Labor Wage and Hour Division enforces minimum wage standards for Mississippi employers covered by the FLSA. Mississippi law prohibits cities and counties from establishing local minimum wage rates under Mississippi Code § 17-1-51.
This page provides an authoritative overview of Mississippi minimum wage law for 2026, including current rates, tipped employee provisions, coverage and exemptions, enforcement procedures, and compliance requirements. All information is compiled from official government sources.
| Mississippi Minimum Wage – 2026 Quick Reference | |||
|---|---|---|---|
| Category | Rate | Effective Date | Official Source |
| State minimum wage | Federal rate applies | — | MS Code § 25-3-40 |
| Federal minimum wage | $7.25/hour | July 24, 2009 | FLSA |
| Tipped minimum wage | $2.13/hour | — | FLSA § 203(m) |
| Tip credit allowed | Yes (up to $5.12) | — | Federal law |
| Next scheduled increase | None | N/A | Federal law |
| Rate adjustment mechanism | Federal adoption | — | MS Code § 25-3-40 |
| Local minimum wages | Prohibited | — | MS Code § 17-1-51 |
Last verified: February 8, 2026 via U.S. Department of Labor
Overview of Minimum Wage Law in Mississippi
Legal Authority
Mississippi does not have a state minimum wage statute. Mississippi Code § 25-3-40 declares the Mississippi Legislature’s intent to implement the minimum wage as enacted by federal law. The U.S. Department of Labor Wage and Hour Division administers and enforces minimum wage requirements for Mississippi employers covered by the Fair Labor Standards Act.
Relationship to Federal Law
The Fair Labor Standards Act establishes a federal minimum wage of $7.25 per hour for covered employers and employees. Because Mississippi has not enacted its own minimum wage law, employers subject to the FLSA must comply with the federal rate. The federal minimum wage was established at $7.25 per hour on July 24, 2009, and remains unchanged as of 2026.
Coverage Scope
Federal minimum wage law applies to enterprises with at least $500,000 in annual gross sales or business, and to smaller employers if they engage in interstate commerce. Individual employees engaged in interstate commerce or in the production of goods for interstate commerce are covered regardless of their employer’s sales volume. The FLSA covers most private sector workers, as well as federal, state, and local government employees.
Enforcement Authority
The Wage and Hour Division of the U.S. Department of Labor enforces minimum wage requirements in Mississippi. Employers covered by the FLSA must comply with federal wage standards, recordkeeping requirements, and posting obligations. Mississippi does not maintain a state labor enforcement agency for minimum wage matters, deferring entirely to federal oversight.
Current Minimum Wage Rates in Mississippi 2026
Standard Hourly Minimum Wage
As of 2026, the minimum wage in Mississippi is $7.25 per hour, reflecting the federal minimum wage rate established under the Fair Labor Standards Act. This rate applies to all employees covered by the FLSA. The federal minimum wage has remained $7.25 per hour since July 24, 2009, when it was last increased under the Fair Minimum Wage Act of 2007.
Mississippi has not enacted state-specific minimum wage legislation. Mississippi Code § 25-3-40 expresses the Legislature’s intent to implement federal minimum wage standards. Employers not covered by the FLSA are not subject to any state-mandated minimum wage requirement in Mississippi.
Youth Wage Provisions
Federal law permits employers to pay employees under age 20 a training wage of $4.25 per hour during their first 90 consecutive calendar days of employment. After 90 days or when the employee reaches age 20, whichever comes first, employers must pay at least the full federal minimum wage of $7.25 per hour. This youth wage provision applies to Mississippi employers covered by the FLSA.
Scheduled Increases
No minimum wage increases are currently scheduled in Mississippi. The federal minimum wage will remain at $7.25 per hour unless modified by future congressional action. Any changes to the federal minimum wage would automatically apply to Mississippi employers covered by the FLSA, as Mississippi adopts the federal rate by reference under state law.
Minimum Wage for Tipped Employees
Tipped Employee Cash Wage
Mississippi permits employers to pay tipped employees a reduced cash wage under federal law, provided that employee tips combined with the cash wage equal at least the full minimum wage.
Cash wage requirement: $2.13 per hour
Maximum tip credit: $5.12 per hour
Total minimum compensation: $7.25 per hour (cash wage + tips)
Who Qualifies as a Tipped Employee
Under the FLSA, a “tipped employee” is defined as an employee who customarily and regularly receives more than $30 per month in tips. Qualifying occupations typically include:
- Restaurant servers and bartenders
- Hotel and casino service workers
- Parking attendants and valets
- Delivery drivers who receive tips
- Hair stylists and barbers
- Other service workers who customarily receive tips
Employer Obligations for Tipped Workers
Employers who claim a tip credit under federal law must:
- Inform employees of the tip credit provisions before claiming the credit. Employees must be notified that the employer intends to treat tips as part of the minimum wage.
- Ensure total compensation (cash wage plus tips) equals or exceeds the full federal minimum wage of $7.25 per hour for all hours worked.
- Pay the difference if an employee’s tips fail to bring total compensation to the minimum wage. Employers must make up any shortfall.
- Maintain accurate records of employee tips and hours worked, including tip income reported by employees.
- Allow employees to retain all tips except for valid tip pooling arrangements. Employers and managers cannot keep any portion of employees’ tips.
Tip Pooling and Sharing
Federal regulations permit valid tip pooling arrangements among employees who customarily and regularly receive tips. Employers may require tipped employees to share tips with other directly service-providing employees, but cannot require sharing with employees who do not customarily receive tips, such as cooks, dishwashers, or managers.
Managers and supervisors cannot participate in tip pools and cannot keep tips received from customers. All tips belong to employees, and employers cannot use employee tips for any purpose other than as a credit against minimum wage obligations or to satisfy tip pool requirements.
Local Minimum Wage Ordinances in Mississippi
Mississippi law expressly prohibits cities and counties from establishing minimum wage rates that differ from the federal minimum wage. Under Mississippi Code § 17-1-51, no county, municipality, or local governing authority is authorized to establish a mandatory minimum wage rate.
State Preemption Law
Mississippi Code § 17-1-51 prohibits local jurisdictions from regulating how private employers pay their employees, including establishing minimum wage rates. The Mississippi Legislature enacted this preemption statute to ensure a uniform business environment across the state and to avoid inconsistent wage requirements from jurisdiction to jurisdiction.
The preemption statute applies to all counties, boards of supervisors, municipalities, and local governing authorities throughout Mississippi. No local government in Mississippi may establish wage requirements that exceed or differ from federal minimum wage standards. All employers in Mississippi must comply with the uniform federal rate of $7.25 per hour for covered employees.
Legislative Purpose
The Mississippi Legislature declared that prohibiting local minimum wage variations is necessary to ensure an economic climate conducive to business development and job growth. The Legislature found that inconsistent wage requirements across jurisdictions would create competitive disadvantages for businesses and economic instability. Any changes to minimum wage standards must be enacted at the federal or state level, not by local governments.
Who Is Covered and Who Is Exempt
Employees Covered by Federal Minimum Wage
The Fair Labor Standards Act covers employees in Mississippi under two main categories:
Enterprise Coverage: Employers with annual gross sales of at least $500,000 are covered enterprises under the FLSA. All employees of covered enterprises must be paid at least the federal minimum wage, with limited exceptions.
Individual Coverage: Employees engaged in interstate commerce or in the production of goods for interstate commerce are covered regardless of their employer’s sales volume. This includes employees who handle goods moving in interstate commerce, regularly communicate across state lines, or perform work related to interstate business operations.
Covered employees include:
- Private sector workers employed by covered enterprises
- Employees individually engaged in interstate commerce
- Domestic service workers (if they meet earnings thresholds)
- Federal, state, and local government employees
- Hospital and nursing home employees
- Schools and preschools (employees of covered institutions)
Common Exemptions from Minimum Wage
The following categories of employees may be exempt from federal minimum wage requirements:
Executive, Administrative, and Professional Employees
Employees performing bona fide executive, administrative, or professional duties may be exempt if they meet both salary and duties tests. For 2026, the minimum salary threshold for exempt status is $844 per week ($43,888 annually) under federal regulations.
Outside Sales Employees
Employees whose primary duty is making sales away from the employer’s place of business and who are customarily and regularly engaged away from the business location are exempt from minimum wage requirements.
Computer Employees
Certain computer professionals may be exempt if paid on a salary or fee basis at specified rates and performing specific duties involving systems analysis, programming, or software engineering.
Seasonal and Recreational Establishments
Employees of certain seasonal amusement or recreational establishments may be exempt if the establishment operates no more than seven months per year or averaged receipts for any six months of less than one-third of its average receipts for the other six months.
Small Newspaper Employees
Employees of newspapers with circulation under 4,000 may be exempt from minimum wage requirements under certain conditions.
Casual Babysitters and Companions
Individuals employed on a casual basis as babysitters or as companions to elderly or infirm persons may be exempt from minimum wage requirements.
Independent Contractors
Properly classified independent contractors are not employees and therefore not covered by minimum wage requirements. However, the FLSA applies strict tests to determine independent contractor status, and misclassification may result in penalties and back wages.
Employer Obligations and Enforcement
Employer Compliance Requirements
Employers subject to the Fair Labor Standards Act in Mississippi must:
- Pay the federal minimum wage of $7.25 per hour for all hours worked by non-exempt employees
- Maintain accurate payroll records for at least three years, documenting hours worked, wages paid, and other required information
- Display required federal posters informing employees of minimum wage rates and workplace rights
- Provide compliant wage statements showing gross wages, deductions, and net pay as required
- Comply with overtime requirements by paying time-and-one-half for hours worked over 40 in a workweek
Recordkeeping Requirements: Employers must maintain payroll records for three years under the FLSA, including:
- Employee names, addresses, and Social Security numbers
- Hours worked each workday and workweek
- Regular hourly pay rate and overtime rate
- Total wages paid each pay period
- Date of payment and pay period covered
- Additions to or deductions from wages
Enforcement of Minimum Wage Law
The Wage and Hour Division of the U.S. Department of Labor enforces minimum wage requirements in Mississippi. The agency:
- Investigates wage complaints filed by employees
- Conducts routine compliance inspections of covered employers
- Issues citations and requires payment of back wages for violations
- Assesses civil penalties for willful or repeated violations
- Refers cases for criminal prosecution when appropriate
Filing a Complaint: Employees who believe they have not been paid the proper minimum wage may file a complaint with the Wage and Hour Division through:
- Online: WHD Complaint Portal
- Phone: 1-866-4-US-WAGE (1-866-487-9243)
- Regional offices: WHD Office Locator
Federal law prohibits retaliation against employees who file wage complaints or cooperate with Wage and Hour Division investigations.
Penalties for Minimum Wage Violations
Employers who violate federal minimum wage requirements may be subject to:
Back Wages: Employers must pay employees the difference between wages paid and the required minimum wage for all hours worked, typically going back two years from the date of complaint (three years for willful violations).
Liquidated Damages: Federal law authorizes liquidated damages equal to the amount of unpaid wages, effectively doubling the employer’s liability for minimum wage violations unless the employer can demonstrate good faith.
Civil Penalties: The Department of Labor may assess civil penalties of up to $2,824 per violation for willful or repeated minimum wage violations. Higher penalties apply for child labor violations.
Criminal Penalties: Willful violations of the FLSA may constitute a federal crime punishable by fines up to $10,000. Second convictions may result in imprisonment.
Attorney Fees: Employees who prevail in minimum wage actions may recover reasonable attorney fees and costs of litigation under the FLSA.
Mississippi Minimum Wage vs Federal Law
The Federal Minimum Wage Floor
The Fair Labor Standards Act establishes a federal minimum wage of $7.25 per hour, which has remained unchanged since July 24, 2009. This federal rate applies to employers engaged in interstate commerce or with annual gross sales exceeding $500,000, as well as to individual employees engaged in interstate commerce activities.
When Federal Law Applies
Mississippi adopts the federal minimum wage rate through Mississippi Code § 25-3-40, which declares the Legislature’s intent to implement federal minimum wage standards. For employers and employees covered by the FLSA, the federal requirements apply directly. Mississippi law does not establish separate state minimum wage standards that would exceed the federal rate.
Employers covered by the FLSA must pay at least $7.25 per hour. Employers not covered by federal law are not subject to any state-mandated minimum wage in Mississippi, as the state has not enacted independent minimum wage legislation.
Federal Compliance Standards
Mississippi employers covered by the Fair Labor Standards Act must comply with all federal requirements, including:
- Payment of at least $7.25 per hour to non-exempt employees
- Overtime compensation at time-and-one-half for hours over 40 per workweek
- Proper classification of employees as exempt or non-exempt
- Maintenance of required payroll records
- Display of federal workplace posters
The absence of state-specific minimum wage law means that federal standards govern entirely for covered employers and employees in Mississippi.
| Regional Minimum Wage Context | |
|---|---|
| Mississippi’s minimum wage of $7.25 can be compared to surrounding states for regional context. | |
| State | 2026 Rate |
| Mississippi | $7.25 |
| Alabama | $7.25 |
| Arkansas | $11.00 |
| Louisiana | $7.25 |
| Tennessee | $7.25 |
Mississippi’s rate equals the federal minimum and matches rates in Alabama, Louisiana, and Tennessee. Arkansas has enacted a higher state minimum wage of $11.00 per hour. Mississippi is one of five states without a state-specific minimum wage law.
Note: Rates shown are standard minimum wages and may not reflect local or industry-specific variations.
Minimum Wage Posting Requirements
Federal law requires employers to display an official Fair Labor Standards Act poster in a conspicuous location accessible to all employees. The poster must include federal minimum wage rates, overtime provisions, employee rights, and contact information for the U.S. Department of Labor Wage and Hour Division.
Where to obtain posters:
- Download from U.S. Department of Labor
- Order printed copies: 1-866-487-9243
- Available languages: English and Spanish
Posting locations: The notice must be posted in each workplace location where employees can readily see it, typically near time clocks, in break rooms, or at other prominent locations.
Compliance: Failure to display required federal posters may result in citations and penalties from the Wage and Hour Division. Employers must ensure posters reflect current minimum wage rates and other workplace requirements.
Mississippi employers should consult the Mississippi Department of Employment Security for information about additional state-required workplace posters related to unemployment insurance and other employment matters.
Frequently Asked Questions: Minimum Wage in Mississippi 2026
What is the minimum wage in Mississippi in 2026?
The minimum wage in Mississippi is $7.25 per hour, reflecting the federal minimum wage under the Fair Labor Standards Act. Mississippi has not enacted a state-specific minimum wage law and adopts the federal rate.
When is the next minimum wage increase in Mississippi?
No minimum wage increases are currently scheduled in Mississippi. The federal minimum wage will remain $7.25 per hour unless changed by future congressional action. Any federal increase would automatically apply to Mississippi employers covered by the FLSA.
Does Mississippi allow tip credit?
Yes, Mississippi permits employers to pay tipped employees a cash wage of $2.13 per hour under federal law, with up to $5.12 in tip credit, provided total compensation reaches $7.25 per hour. Employers must ensure tipped employees earn at least the full minimum wage when cash wages and tips are combined.
Are there different minimum wages in different cities in Mississippi?
No, Mississippi law prohibits cities and counties from establishing minimum wage rates. Under Mississippi Code § 17-1-51, local jurisdictions cannot regulate private employer wages, ensuring a uniform statewide rate of $7.25 per hour for covered employees.
Who is exempt from minimum wage in Mississippi?
Common exemptions from federal minimum wage include executive, administrative, and professional employees meeting salary and duties tests, outside sales employees, certain computer professionals, and properly classified independent contractors. Most hourly workers, including part-time employees, are covered.
What happens if an employer pays below minimum wage in Mississippi?
Employers who pay below minimum wage face back wage liability for up to three years, liquidated damages equal to unpaid wages, civil penalties up to $2,824 per violation, and potential criminal prosecution for willful violations. Employees can file complaints with the U.S. Department of Labor Wage and Hour Division. Federal law prohibits retaliation against workers who report violations.
Do small businesses have to pay minimum wage in Mississippi?
Small businesses must pay minimum wage if they are covered by the Fair Labor Standards Act. Enterprises with at least $500,000 in annual gross sales are covered, as are smaller employers whose employees engage in interstate commerce. Employers covered by federal law must pay at least $7.25 per hour regardless of size.
Is Mississippi’s minimum wage higher than the federal minimum?
No, Mississippi adopts the federal minimum wage of $7.25 per hour. The state and federal requirements are identical for covered employers. Mississippi is one of five states without independent state minimum wage legislation.
How often does Mississippi increase its minimum wage?
Mississippi’s minimum wage changes only when the federal minimum wage changes. The federal rate has remained $7.25 per hour since July 24, 2009. Changes require new federal legislation enacted by Congress.
Can employers pay less than minimum wage during training?
Federal law permits employers to pay workers under age 20 a training wage of $4.25 per hour during their first 90 consecutive calendar days of employment. After 90 days or when the employee reaches age 20, employers must pay the full minimum wage of $7.25 per hour.
How to file a minimum wage complaint in Mississippi
Employees who believe they have not received proper minimum wage compensation may file a wage complaint with the U.S. Department of Labor Wage and Hour Division. Filing methods include:
- Online portal: WHD Complaint Form
- Phone: 1-866-4-US-WAGE (1-866-487-9243)
- Local offices: WHD Office Locator
The Wage and Hour Division will investigate the complaint and may recover unpaid wages on behalf of the employee. Federal law prohibits employer retaliation against workers who file wage complaints or participate in investigations.
Do remote workers in Mississippi get the Mississippi minimum wage?
Generally, the minimum wage of the jurisdiction where the employee physically performs work applies. Remote workers located in Mississippi are entitled to at least the federal minimum wage of $7.25 per hour if their employer is covered by the Fair Labor Standards Act, even if their employer is based in another state.
Information Verification Log
All information on this page has been compiled from official government sources and verified for accuracy as of the dates below.
| Sources and Verification | ||
|---|---|---|
| All information above has been verified against official federal and state sources. | ||
| Source | Last Verified | Full URL |
| Mississippi Code § 25-3-40 | February 8, 2026 | billstatus.ls.state.ms.us |
| Mississippi Code § 17-1-51 | February 8, 2026 | billstatus.ls.state.ms.us |
| U.S. Department of Labor – State Minimum Wages | February 8, 2026 | dol.gov/agencies/whd/minimum-wage/state |
| Fair Labor Standards Act (FLSA) | February 8, 2026 | dol.gov/agencies/whd/flsa |
| FLSA Minimum Wage Poster | February 8, 2026 | dol.gov/agencies/whd/posters/flsa |
| Mississippi Department of Employment Security | February 8, 2026 | mdes.ms.gov |