Mississippi Labor Laws 2026: What Federal Law Requires Employers to Do
Mississippi labor laws for employers in 2026: no state minimum wage, overtime, break, sick leave, or final paycheck statutes, so federal FLSA rules govern; what Mississippi does regulate (child labor, pay frequency for large manufacturers, drug testing, E-Verify), and how to stay compliant.
Mississippi has the lightest state employment code in the country. There is no state minimum wage law, no state overtime statute, no meal or rest break requirement, no paid leave mandate, and no final paycheck deadline. For almost every wage and hour question, the answer is the federal Fair Labor Standards Act, enforced by the US Department of Labor's Wage and Hour Division. The Mississippi Department of Employment Security (MDES) administers unemployment insurance and the state's child labor law, and a 2017 statute bars cities and counties from adding their own wage or benefit rules. This guide explains what applies, what does not, and where the state adds rules of its own.
Minimum Wage in Mississippi
Mississippi has no minimum wage statute, so the federal $7.25 per hour applies to every employer covered by the FLSA, which is nearly all of them. Tipped employees may be paid the federal cash wage of $2.13 an hour as long as tips bring them to $7.25. Employers not covered by the FLSA (a small business with under $500,000 in annual sales and no interstate commerce) have no minimum wage obligation at all, but that group is narrow because the FLSA also covers individual employees who handle goods or communications that cross state lines.
Coverage under the FLSA works in two ways. Enterprise coverage applies to any business with $500,000 or more in annual sales, plus hospitals, schools, and public agencies regardless of size. Individual coverage applies to any employee who regularly handles interstate commerce, which includes processing credit card payments, making out-of-state calls, or shipping goods across state lines. A five-person Jackson call center is covered even if its revenue is small, because its agents' work crosses state lines every day.
See the full Mississippi minimum wage guide for the federal coverage rules, the tipped wage, and the 2017 preemption law. The minimum wage by state table shows Mississippi among the five states with no law of their own.
Overtime Rules
There is no Mississippi overtime law. Under the FLSA, non-exempt employees earn 1.5 times their regular rate for hours over 40 in a workweek, with no daily overtime and no premium for weekends or holidays. Employers are free to set stricter policies, and any overtime promised in a contract or handbook is enforceable as a contract.
At the federal minimum, a 45-hour week pays $290.00 for the first 40 hours plus $54.38 for 5 overtime hours at $10.88, a total of $344.38. The overtime calculator handles higher rates, and the guide to overtime pay laws by state explains the federal rules in detail.
Meal and Rest Breaks
Mississippi does not require meal or rest breaks for adult employees, and the state child labor law's break provisions apply only to minors in certain industries. Federal rules govern any break an employer chooses to offer.
| Break | Mississippi rule |
|---|---|
| Meal break | Not required; if offered, unpaid only when the employee is fully relieved of duty for a bona fide meal period, typically 30 minutes or more |
| Rest break | Not required; short breaks of 5 to 20 minutes are paid working time when offered |
| Lactation | Federal PUMP Act requires reasonable break time and a private, non-bathroom space for one year after birth |
| Minors under 16 in covered industries | See the child labor section |
Because there is no state rule, the compliance risk is in the details of federal law: automatic lunch deductions for breaks employees did not take, and unpaid "short" breaks. Our guide to rest and meal break laws by state covers the states that do mandate breaks, and the break time calculator shows how a break schedule changes paid hours.
Paid Sick Leave and Other Leave
Mississippi does not require paid sick leave, paid vacation, or paid family leave, and Miss. Code 17-1-51 prohibits local governments from mandating them. Leave is a matter of policy and contract, with a few statutory protections.
| Leave type | Mississippi rule |
|---|---|
| Paid sick leave | Not required |
| Paid family and medical leave | Not required; federal FMLA applies to employers with 50 or more employees |
| Jury duty | Employers may not discharge or intimidate an employee for jury service; no pay requirement (Miss. Code 13-5-23 and 13-5-35) |
| Voting | No statute requiring time off |
| Military leave | Federal USERRA and state National Guard protections (Miss. Code 33-1-19) |
| Bereavement | Not required |
Our guides to paid sick leave laws by state and jury duty laws put Mississippi's position in context.
PTO Payout and Final Paychecks
Mississippi has no statute setting a deadline for final wages after separation. The practical rule, and the one the US Department of Labor applies, is that final wages are due on the next regular payday. Employers that delay beyond that invite a federal wage claim or a state breach-of-contract suit.
There is no vacation payout statute either. Whether accrued PTO is paid at separation depends entirely on the employer's written policy or agreement; a policy that says unused time is forfeited is enforceable, and one that promises payout is a contract. The PTO payout laws by state guide lists Mississippi among the states that defer to policy.
Pay frequency: Miss. Code 71-1-35 requires manufacturers with 50 or more employees and public service corporations to pay at least biweekly or semimonthly. Other employers have no statutory frequency, though regular, predictable paydays are expected under the FLSA's prompt-payment principle.
Exempt vs Non-Exempt Employees
The federal white-collar exemptions are the only ones that apply: salary basis, at least $684 per week ($35,568 a year), and executive, administrative, professional, computer, or outside sales duties. Because Mississippi wages are lower than the national average, the salary threshold catches more supervisors and team leads here than in high-wage states; a shift lead paid $600 a week is non-exempt regardless of duties. See exempt vs non-exempt employees and the FLSA exemption flowchart.
Child Labor Rules
Mississippi's child labor law (Miss. Code 71-1-17 through 71-1-33) applies mainly to mills, canneries, workshops, factories, and manufacturing establishments. In those workplaces, no child under 14 may be employed, and children under 16 may not work more than 8 hours a day or 44 hours a week, or between 7 p.m. and 6 a.m. Employers must keep on file a parent's affidavit and a school certificate showing the child's age and attendance. Federal child labor rules apply to every employer and are stricter for 14 and 15 year olds during the school year.
| Age group | Mississippi rule (covered industries) | Federal rule that usually controls |
|---|---|---|
| Under 14 | Prohibited in mills, factories, and similar establishments | Prohibited in most non-farm work |
| 14 and 15 | 8 hours a day, 44 hours a week, 6 a.m. to 7 p.m.; affidavit and school certificate on file | 3 hours on a school day, 18 in a school week, 8 and 40 otherwise, 7 a.m. to 7 p.m. (9 p.m. June 1 to Labor Day) |
| 16 and 17 | No state hour limits | Hazardous occupations prohibited |
The federal child labor laws guide covers the hazardous occupation list and the paperwork.
Other Mississippi Employment Rules
- Local preemption. Miss. Code 17-1-51 bars municipalities and counties from setting minimum wages, living wages, or mandatory leave and benefits.
- E-Verify. The Mississippi Employment Protection Act requires every employer to verify new hires through E-Verify.
- Drug testing. Miss. Code 71-7 sets procedures employers must follow to gain the statute's protections, including written policy, notice, confirmation testing, and use of a certified lab.
- Right to work. Mississippi is a right-to-work state under its constitution.
- Pay transparency and equal pay. The Mississippi Equal Pay for Equal Work Act (2022) prohibits sex-based pay differences for equal work, with defenses for seniority, merit, and other bona fide factors; there is no job-posting requirement.
- Wage deductions and garnishment. Federal Consumer Credit Protection Act limits apply; Mississippi follows them with a state exemption for the first 30 days of a garnishment.
Hiring, Termination, and Record-Keeping
Mississippi is an at-will state with narrow exceptions for public policy (for example, refusing to commit an illegal act) and for implied contracts in handbooks. The state has no general anti-discrimination statute for private employers, so federal law sets the floor: Title VII and the ADA at 15 employees, the ADEA at 20, and the Equal Pay Act for all FLSA-covered employers, enforced by the EEOC.
Required postings are the federal set (FLSA, OSHA, EEOC, FMLA where applicable, USERRA, and the polygraph notice) plus the MDES unemployment insurance and workers' compensation notices. The FLSA requires payroll records for three years and time cards for two years. With no state overlay, accurate hour records are the whole compliance program; a written timekeeping policy and a time card calculator or automatic time tracking cover it.
Frequently Asked Questions
What is the minimum wage in Mississippi in 2026? $7.25 per hour, the federal rate, because Mississippi has no state minimum wage law. Tipped employees may be paid $2.13 in cash plus tips.
Does Mississippi have its own overtime law? No. Federal FLSA overtime applies: 1.5 times the regular rate after 40 hours in a workweek.
Are lunch breaks required in Mississippi? No. Neither meal nor rest breaks are required for adult employees. Breaks that are offered follow federal paid-time rules.
When is a final paycheck due in Mississippi? There is no state deadline. Final wages are due on the next regular payday under federal practice.
Is unused vacation paid out in Mississippi? Only if the employer's policy or agreement promises it. There is no statute.
Does Mississippi require paid sick leave? No, and cities and counties are barred from requiring it.
How many hours can a 15-year-old work in Mississippi? Federal limits control for most employers: 3 hours on a school day, 18 in a school week, and 8 hours and 40 a week when school is out. The state law adds an 8-hour, 44-hour limit and paperwork requirements for factory-type work.
Does Mississippi require E-Verify? Yes. All employers must use E-Verify for new hires under the Mississippi Employment Protection Act.
Sources
- Mississippi Department of Employment Security
- Miss. Code 71-1-17 (child labor: minimum age in mills and factories)
- Miss. Code 71-1-19 (child labor in accord with school attendance)
- US Department of Labor: state minimum wage laws (Mississippi: no state law)
- US Department of Labor: state payday requirements
- US Department of Labor: Fair Labor Standards Act
Reviewed September 2026
Mississippi's child labor hour limits, the 71-1-35 pay frequency rule, the drug testing statute, and the E-Verify requirement are stated from the Mississippi Code as reproduced by legal publishers, because the state does not maintain a consolidated labor law page. Confirm with MDES or counsel before relying on a specific provision, and check the US Department of Labor for any federal change.
Federal Compliance Is the Whole Job in Mississippi
With no state overlay, accurate FLSA hour records are your entire wage and hour program. HiveDesk tracks hours, breaks, and overtime automatically and keeps the two-year time records the law requires. $5/user/month, 14-day free trial.