Mississippi Employment Law 2026

What is employment law in Mississippi?

Employment law in Mississippi governs the relationship between employers and employees through a combination of state statutes and federal regulations. It establishes rights and obligations for both parties in the workplace.

Mississippi employment law primarily relies on federal statutes including the Fair Labor Standards Act for wage and hour protections, Title VII of the Civil Rights Act for discrimination prohibitions, the Americans with Disabilities Act for disability accommodations, and the Family and Medical Leave Act for job-protected leave.

The state follows the employment-at-will doctrine, which allows either party to terminate the employment relationship at any time for any lawful reason, though important exceptions exist under federal and state law.

What is the difference between employment law and labor law in Mississippi?

Employment law and labor law address different aspects of workplace regulation.

Employment law governs individual employer-employee relationships and applies to all workers, whether unionized or not. It covers wage and hour requirements, discrimination protections, workplace safety, employee benefits, and individual rights. These protections apply regardless of union membership.

Labor law specifically addresses collective workplace issues, unionization, and the relationship between employers and labor organizations. It governs union organizing, collective bargaining, strikes, and unfair labor practices under the National Labor Relations Act.

Mississippi is a right-to-work state under Mississippi Code § 71-1-47, which means union membership and dues payment cannot be required as a condition of employment. This affects labor law but does not change the employment law protections that apply to all Mississippi workers.

Is Mississippi an at-will employment state?

Yes, Mississippi is an at-will employment state. According to the Mississippi Department of Employment Security, Mississippi is an “at will” state, which means an employer can fire an employee for any or no reason, as long as it is not discriminatory.

This means that absent a specific contract, collective bargaining agreement, or statutory protection, either the employer or employee can terminate the employment relationship at any time, with or without notice, and with or without cause.

However, several important exceptions limit at-will employment, including federal anti-discrimination laws (Title VII, ADA, ADEA, GINA), public policy exceptions recognized by Mississippi courts, implied contract exceptions from employer policies or handbooks, and retaliation protections for filing workers’ compensation claims or reporting safety violations.

What is the minimum wage in Mississippi in 2026?

Mississippi does not have a state minimum wage law. Therefore, covered employees are entitled to the federal minimum wage of $7.25 per hour under the Fair Labor Standards Act.

According to 29 U.S.C. § 206(a)(1)(C), the federal minimum wage has been $7.25 per hour since July 24, 2009. This applies to employees engaged in interstate commerce or employed by enterprises with annual gross volume of sales of at least $500,000, as well as employees of certain institutions like hospitals and schools regardless of dollar volume.

Some employees are exempt from minimum wage requirements, including executive, administrative, and professional employees meeting specific criteria, outside sales employees, and certain computer professionals.

Does Mississippi require overtime pay?

Mississippi follows federal overtime requirements under the Fair Labor Standards Act. According to 29 U.S.C. § 207(a)(1), covered employers must pay employees 1.5 times their regular rate for hours worked over 40 in a workweek.

Mississippi does not have daily overtime requirements (unlike states like California), so only weekly overtime based on the 40-hour threshold applies. There is no requirement for double-time pay or premium pay for weekends or holidays unless hours exceed 40 in the workweek.

Certain employees are exempt from overtime requirements, including executive, administrative, professional, computer, and outside sales employees who meet specific salary and duties tests under federal regulations at 29 C.F.R. Part 541.

Are meal and rest breaks required in Mississippi?

No, Mississippi does not have state laws requiring meal or rest breaks for adult employees in private employment.

A comprehensive search of Mississippi Code Title 71 (Labor and Industry) and Mississippi Department of Employment Security regulations conducted on January 18, 2026, found no state meal or rest break requirements for adult employees.

Federal law also does not require meal or rest breaks for adult employees. According to the U.S. Department of Labor, federal law does not require lunch or coffee breaks, though when employers do offer short breaks (usually lasting about 5 to 20 minutes), federal law considers the breaks as compensable work hours.

Meal and rest break policies in Mississippi are determined by employer policy, employment contracts, or collective bargaining agreements. Employers who choose to provide breaks must count short breaks (5-20 minutes) as paid work time and may require breaks to be unpaid only if 30 minutes or longer and the employee is completely relieved of duties.

What are my employee rights in Mississippi?

Mississippi employees have rights under both federal and state law, including:

Wage and Hour Rights: Minimum wage of $7.25 per hour (federal), overtime pay at 1.5 times regular rate for hours over 40 per week, payment of all earned wages including final paycheck, and accurate wage and hour records.

Anti-Discrimination Rights: Protection from discrimination based on race, color, religion, sex (including pregnancy, sexual orientation, gender identity), national origin, age (40+), disability, and genetic information under federal laws including Title VII, ADA, ADEA, and GINA.

Leave Rights: Unpaid, job-protected FMLA leave for eligible employees at covered employers (50+ employees within 75 miles), and reasonable accommodations for pregnancy-related limitations under the Pregnant Workers Fairness Act.

Safety Rights: Safe working conditions under OSHA, right to report safety violations without retaliation, and workers’ compensation for work-related injuries.

Accommodation Rights: Reasonable accommodations for disabilities under ADA, religious accommodations under Title VII, and pregnancy accommodations under Pregnant Workers Fairness Act.

All these rights exist regardless of at-will employment status and employers cannot terminate employment in violation of these protections.

Can my employer fire me for any reason in Mississippi?

Generally yes, due to Mississippi’s at-will employment doctrine, but with important exceptions.

As an at-will state, employers can generally terminate employment at any time for any reason or no reason, as long as the termination does not violate federal or state law. However, employers cannot fire employees for discriminatory reasons prohibited by federal law.

Federal law prohibits termination based on race, color, religion, sex, national origin, age (40+), disability, genetic information, or pregnancy under Title VII, ADA, ADEA, GINA, and the Pregnancy Discrimination Act.

Employers also cannot retaliate against employees for filing workers’ compensation claims, reporting safety violations to OSHA, participating in EEOC proceedings, or engaging in protected activity under the National Labor Relations Act.

Additionally, employment contracts, collective bargaining agreements, or employer handbook policies may create contractual rights limiting at-will employment. Mississippi courts also recognize a narrow public policy exception to at-will employment.

How do I file a discrimination complaint in Mississippi?

To file an employment discrimination complaint based on a protected characteristic, you must file with the U.S. Equal Employment Opportunity Commission (EEOC).

The EEOC Birmingham District Office covers Mississippi. You can contact them at:

• Phone: 1-800-669-4000
• TTY: 1-800-669-6820
• Online inquiry: https://publicportal.eeoc.gov/Portal/Login.aspx
• Office hours: Monday-Friday, 8:00 AM – 4:30 PM (Central Time)

The process involves contacting EEOC by phone or online portal, participating in an intake interview where you provide details about the discrimination, and filing a formal charge that EEOC prepares based on your interview. You must file within 180 days of the discriminatory act.

After filing, EEOC serves the charge on your employer, investigates by requesting information from both parties, determines whether reasonable cause exists to believe discrimination occurred, attempts conciliation if cause is found, and issues a Right to Sue letter or files a lawsuit on your behalf.

Can I request remote work as an accommodation in Mississippi?

While Mississippi does not have a general right-to-request law for remote work, you may request remote work as a reasonable accommodation under certain circumstances.

Under the Americans with Disabilities Act, you can request remote work as an accommodation for a disability if you can perform the essential functions of your job remotely and the accommodation does not impose an undue hardship on your employer.

Under the Pregnant Workers Fairness Act (effective June 27, 2023), you can request remote work as an accommodation for known limitations related to pregnancy, childbirth, or related medical conditions.

In limited circumstances, remote work might also be requested as a religious accommodation under Title VII if needed to observe religious practices.

When you request remote work as an accommodation, your employer must engage in an interactive process to determine if remote work is effective and does not cause undue hardship. The employer can choose among effective accommodations and is not required to provide your preferred accommodation if other effective accommodations exist.

What are employer obligations in Mississippi?

Mississippi employers have numerous obligations under federal and state law, including:

Wage and Hour: Pay at least federal minimum wage ($7.25/hour), pay overtime at 1.5 times regular rate for hours over 40 per week, maintain accurate time and pay records for 3 years, provide wage statements, and pay all earned wages including final paycheck.

Posting Requirements: Display required federal posters (FLSA, EEO, FMLA if applicable, OSHA, NLRA, Employee Polygraph Protection, USERRA) and state posters (unemployment compensation notice) in conspicuous locations.

New Hire Reporting: Report all newly hired and rehired employees to Mississippi New Hire Directory within 15 days of hire date including employee name, address, social security number, date of hire, and employer information.

Employment Eligibility: Complete Form I-9 for all employees within 3 business days of hire, retain I-9 forms for 3 years after hire or 1 year after employment ends (whichever is later), and use E-Verify if federal contractor or if voluntarily enrolled.

Anti-Discrimination: Comply with Title VII, ADA, ADEA, GINA, and other federal anti-discrimination laws, provide reasonable accommodations for disabilities, religion, and pregnancy, investigate harassment complaints, and maintain anti-retaliation protections.

FMLA Compliance: If 50+ employees, provide eligible employees with unpaid job-protected leave for covered reasons, maintain health benefits during leave, and restore employee to same or equivalent position.

Safety: Maintain safe workplace under OSHA standards, record work-related injuries and illnesses if required, post injury and illness information, and protect whistleblowers from retaliation.

What posters are required in Mississippi workplaces?

Mississippi employers must display both federal and state workplace posters in conspicuous locations where employees can easily see them.

Federal posters required for most employers include: Fair Labor Standards Act (FLSA) Minimum Wage Poster from the U.S. Department of Labor available at https://www.dol.gov/agencies/whd/posters

Equal Employment Opportunity (EEO) Poster “EEO is the Law” (employers with 15+ employees) from EEOC available at https://www.eeoc.gov/poster

Employee Rights Under the Family and Medical Leave Act (employers with 50+ employees) from DOL available at https://www.dol.gov/agencies/whd/posters/fmla

Job Safety and Health – It’s the Law (all employers) from OSHA available at https://www.osha.gov/publications/poster

Employee Rights Under the National Labor Relations Act (most private employers) from NLRB available at https://www.nlrb.gov/resources/nlrb-resources-for-you/posters-available

Employee Polygraph Protection Act (all private employers) from DOL available at https://www.dol.gov/agencies/whd/posters/epppa

Uniformed Services Employment and Reemployment Rights Act (all employers) from DOL available at https://www.dol.gov/agencies/vets/programs/userra/poster

State posters include: Mississippi Unemployment Compensation Poster (employers subject to unemployment compensation law) from Mississippi Department of Employment Security available at https://mdes.ms.gov/employers/unemployment-tax/employer-resources/required-posters/

Mississippi Workers’ Compensation Notice (employers with workers’ compensation coverage) with specific requirements determined by insurance carrier

What are the recordkeeping requirements for Mississippi employers?

Mississippi employers must maintain various employment records to comply with federal and state laws.

Fair Labor Standards Act records (3 years for payroll, 2 years for time cards): Employee personal information (name, address, social security number, birth date if under 19, sex, occupation), time and day when workweek begins, hours worked each day and total hours worked each workweek, regular hourly rate of pay, total daily or weekly straight-time earnings, total overtime earnings, all additions to or deductions from wages, total wages paid each pay period, date of payment and pay period covered.

Form I-9 records (3 years after hire or 1 year after employment ends, whichever is later): Completed Form I-9 for each employee hired after November 6, 1986, showing employment eligibility verification.

EEO-1 records (employers with 100+ employees or federal contractors with 50+ employees): Employment applications (1 year), personnel and employment records (1 year from making of record or personnel action), records related to discrimination charges (until final disposition).

Tax records (4 years): W-4 forms, W-2 forms, payroll tax records, employment tax returns.

Mississippi Employment Security Law records (3 years): Total remuneration paid to each employee, employment records for each employee, other information required by Mississippi Department of Employment Security.

FMLA records (3 years) for covered employers: Basic payroll and employee data, dates and hours of FMLA leave, employee leave notices, employer policies and benefits documents, premium payments, records of disputes.

Does Mississippi require paid sick leave?

No, Mississippi does not have a state law requiring private employers to provide paid sick leave to employees.

A comprehensive search of Mississippi Code Title 71 (Labor and Industry) and Mississippi Legislature website conducted on January 18, 2026, found no state paid sick leave mandate for private employers.

There is also no federal law requiring private sector employers to provide paid sick leave to employees, though certain federal contractors may be subject to Executive Order 13706.

Paid sick leave in Mississippi is determined by employer policy, employment contract, collective bargaining agreement (if applicable), or industry standards.

While not paid leave, the federal Family and Medical Leave Act provides eligible employees with unpaid, job-protected leave for specified family and medical reasons. To be eligible, employees must work for employers with 50 or more employees within 75 miles, have worked for the employer for at least 12 months, and have worked at least 1,250 hours in the 12 months before leave.

What protections exist for remote workers in Mississippi?

Remote workers in Mississippi have the same employment law protections as on-site workers.

Mississippi does not have specific state laws governing remote work arrangements, so remote work is generally governed by federal employment laws (FLSA, ADA, Title VII, OSHA), employer policies, employment contracts, and collective bargaining agreements if applicable.

Employers must comply with all employment laws for remote workers, including paying at least minimum wage and overtime when required, maintaining wage and hour records, providing reasonable accommodations for disabilities, complying with anti-discrimination laws, ensuring safe working conditions to the extent feasible, protecting employee data and privacy, and providing required equipment or reimbursing expenses per company policy.

Remote employees retain all employment law protections including wage and hour protections, anti-discrimination protections, FMLA leave rights if eligible, workers’ compensation coverage for work-related injuries, and unemployment insurance eligibility.

Non-exempt remote workers must track and report all hours worked and are entitled to overtime for hours over 40 per week. Exempt remote workers must meet salary basis and duties tests and may not have pay docked for partial day absences.

Mississippi does not have a state law providing employees with a right to request remote work arrangements, though employees may request remote work as a reasonable accommodation for disabilities under the ADA, pregnancy-related limitations under the Pregnant Workers Fairness Act, or religious observance in limited circumstances.