Mississippi Employment and Labor Laws

Mississippi does not have a Department of Labor to handle issues that arise in the workplace. And since it is an at-will employment state, employers fire their workers for whatever reason, with no laws to protect them. The state also depends so much on federal employment laws that it does not have its own anti-discrimination legislation and even limits workers’ right to unionize.

Because of these circumstances, Mississippi ranked 48th out of 50 in America’s top states for business in 2023. It also ranked as the second least educated state in the country, with only 23% of its population aged 25 and above having a bachelor’s degree or higher, making its workforce less competitive and unproductive.

Adding to the state’s lack of employment laws is the fact that Mississippi does not pay enough attention to the labor constitution, such as setting proper wage and hour requirements guidelines. These pay gaps and lack of job security make it difficult for employees to stay in their current positions.

The issues plaguing Mississippi's labor force persist, in part due to the employees’ lack of awareness about their rights on the job. This article provides information on what Mississippi employees must know about the state’s employment and labor laws and the actions that they can take if they are discriminated against at work, get fired by an employer retaliating against them, or are robbed of their overtime pay.

Mississippi Wage and Hour Laws

Minimum Wage Requirements

Mississippi is one of the five states in the U.S., along with Louisiana, Alabama, Tennessee, and South Carolina, that have not established their own minimum wage rates. Because of this, most employees in the Magnolia State are required to be paid the federal minimum wage of $7.25 per hour instead. Similarly, tipped workers are entitled to the minimum federal tipped wage of $2.13 per hour.

Overtime Requirements

Mississippi law requires employers to pay employees 1.5 times the regular hourly rate for employees who work way past the 40-hour workweek limit. There are certain employees who are exempt from being paid overtime wages in Mississippi, which include:

• Farm workers.

• Employees of recreational establishments or seasonal amusement.

• Babysitters.

• Executives and professional employees.

• Workers in motion picture theaters.

• News editors, announcers, and chief engineers working in non-metropolitan broadcasting systems.

Rest Breaks Requirements

Employers in Mississippi are not required by law to provide their employees with meal and rest breaks. However, if the employer does provide its workers with rest breaks in accordance with federal law, the employee will only be paid for the rest break if it lasts more than 20 minutes.

Workplace Leave Requirements in Mississippi

In Mississippi, there are various types of required and non-required leaves for employees. To give you a more detailed perspective on their classifications, refer to the tables below.

Non-required Leaves

Required Leaves

Mississippi Child Labor Laws

Mississippi has child labor laws designed to protect people under the age of 18 from exploitation in the workplace and highlight that children should prioritize their education. However, there are certain situations where a minor wishes to have a part-time job or when companies require more manpower, especially for those in seasonal industries. 

The child labor laws in Mississippi state that an employer cannot hire children under the age of 14. Eligible minors need to present an Employment Certificate to their employer. To get this certificate, the child or their guardian must contact the minor’s school and have the administrator determine if the child should really work. 

Mississippi labor laws for minors are categorized to make it easier for employers to follow certain rules.

If an employer fails to follow any of the rules given by the state about child labor laws, they will be charged with civil or criminal penalties, depending on the violation they committed. These penalties can include monetary fines, criminal charges, or warnings. 

Is Mississippi an At-Will Employment State?

Yes, Mississippi has been an at-will employment state since 1858. This means that an employer in the state can fire an employee for no reason as long as the reason for doing so is not related to workplace discrimination. 

With this law, it might be difficult for employees to have job security. As such, the U.S. Congress enacted various federal laws to protect workers from wrongful termination. The exceptions were first released to the public in 1993 during the case of McArn v. Allied Bruce-Terminix Company, Inc., which is now called the McArn exception. 

In this particular case, McArn was removed from the company after refusing to take part in illegal, fraudulent, and deceptive actions against their clients and for reporting the same acts. With the McArn exception, employees will now be protected from being wrongfully terminated at work due to retaliation.

What Qualifies as Wrongful Termination in Mississippi?

Due to Mississippi being an at-will employment state, employers can sometimes wrongfully fire an employee, which can eventually lead to a lawsuit. Both employers and workers should understand each other's rights, along with the laws that govern employment and labor in Mississippi. 

There are no anti-discrimination laws in Mississippi; thus, federal laws regarding discrimination will be applied. In accordance with Title VII of the Civil Rights Act of 1964, employers in the U.S., particularly in Mississippi, are prohibited from firing an employee due to their religion, gender, race, or disability. Take note that this law only applies to businesses with 15 or more employees.

It is also considered wrongful termination if the employer breaches the employment contract by firing the worker before their designated time at the company ends. 

Other situations where the termination is wrongful are when the employee was fired due to retaliation or for reporting an act in the company that violates public policy.

How Do You Report an Employer in Mississippi for Wrongful Termination?

If your employer in Mississippi wrongfully terminates you, you have the right to report them so you can get compensated for losing your job. You have two options to do this, depending on the reason for your termination.

If you are fired due to discrimination, you can file a labor lawsuit against your employer with the Equal Employment Opportunity Commission within 180 days from the day you were removed from the company. To do this, you can find the nearest EEOC in your area by going to the Field Office List and Jurisdiction Map or by dialing 1-800-669-4000.

However, if you are terminated due to other illegal reasons stated in the section above, you can contact an experienced lawyer near you to help you understand your rights to file a claim. These lawyers will also review your employment contract and the nature of your termination to determine the right course of action.

What Is the Statute of Limitations for Wrongful Termination Cases in Mississippi?

The statute of limitations for filing a wrongful termination lawsuit in Mississippi depends on the nature of the employee’s termination.

How Much Can Someone Sue an Employer in Mississippi for Wrongful Termination?

Filing a wrongful termination lawsuit in Mississippi costs between $6,000 and $100,000, depending on how long the case progresses and the nature of the termination. Most employers in Mississippi tend to resolve cases before they reach the court or the jury since these claims can potentially result in settlement amounts ranging from $90,000 to $400,000. 

Moreover, the jury will be basing this amount on various factors related to the claim, such as the employee’s emotional distress, medical bills, lost employment benefits and wages, job search costs, and the reason they were terminated from the job.

Resources for Employees in Mississippi

Despite Mississippi’s lack of laws protecting employees against discrimination and wrongful termination, the state has various organizations designed to offer legal assistance to its workers. The resources below will provide you with links to the forms and documentation you need for your claim, as well as assistance in filing a lawsuit.

MSLegalServices.org

MSLegalServices.org provides the residents of Mississippi with free civil legal services, particularly those who are senior citizens and those belonging to low-income groups. It provides all the necessary information for legal aid programs in the state, along with the contact information of these organizations and how an employee can be eligible for the program. For employees and individuals facing legal problems, MSLegalServices.org also provides them with access to the web and legal documents needed to help with their legal issues.

Mississippi Center for Legal Services

The Mississippi Center for Legal Services offers free legal assistance to low-income residents of the state. The center was established in 2004 and is a combination of five legal aid programs, such as Southeast Mississippi Legal Services, Central Mississippi Legal Services, East Mississippi Legal Services, South Mississippi Legal Services, and Southwest Mississippi Legal Services. Its services include providing support for families facing legal issues like unemployment compensation, bankruptcy, elder law issues, evictions, and Social Security disability. 

Mission First - Legal Aid

Mission First’s Legal Aid office offers legal assistance in Mississippi. Its solutions include government benefit programs for employees, housing, family law, and creditor-debtor issues.  The office is run by volunteer attorneys and law students.

American Civil Liberties Union of Mississippi

The American Civil Liberties Union of Mississippi is dedicated to working daily with communities, courts, and legislatures to defend the personal freedoms and individual rights of the people in the state as guaranteed by the Constitution and the Bill of Rights. Since its establishment in 1920, the ACLU of Mississippi has represented people in numerous court cases and launched several campaigns in support of the people in Mississippi.

Mississippi Center for Justice

Established in 2003, the Mississippi Center for Justice caters to low-income residents of the state and those who belong to communities of color. It helps people maintain employment, obtain affordable housing, receive education, and protect their right to privacy. The Mississippi Center of Justice has also organized a regional pro bono response for legal issues in the area and has facilitated the development of a strategy to eliminate poverty across the Deep South.

Mississippi Workers’ Center for Human Rights

The Mississippi Workers’ Center for Human Rights has been serving low-wage workers in the state for over 25 years. It focuses on defending workers’ rights by representing them in state and federal courts and educating them on their rights through the Fannie Lou Hamer Emerging Leaders Program. It has also documented the living experiences of low-income families to show their lack of access to affordable healthcare. 

The Mississippi Workers’ Center for Human Rights has also worked on a workplace environmental justice campaign, aiming to seek education for employees and their family members.