Mississippi Employment and Labor Laws

Keeping up with state employment and labor laws can substantially complicate compliance efforts. Here’s what employers in Mississippi need to know.

Mississippi maintains an employer-focused approach to employment and labor laws, despite mandatory E-Verify use for all organizations and lactation law protections. Instead, the state often defers to federal requirements or employer policies for various benefit rules, including pay transparency, rest or work breaks, and paid leave.

When it comes to talent and workforce management, Mississippi-based employers need to comply with the following state employment laws:

Pay equity

The below information was last updated September 9, 2025. It is not intended as legal advice. Also, unless otherwise noted below, the following laws predominantly apply to the private sector.

Mississippi Labor Laws

A subset of employment law, labor law focuses on the relationships between employers, employees, and labor unions, particularly in the context of collective bargaining and workplace rights.

Central to US labor law is the National Labor Relations Act (NLRA), which protects employees’ rights to organize, join unions, and negotiate working conditions while restricting unfair labor practices. Still, states can enact additional laws, such as Right-to-Work statutes, that influence union membership and dues requirements.

Is Mississippi a Right-to-Work State?

Right-to-work states prohibit employers from requiring union membership or dues as a condition of employment (a.k.a. union security agreements).

Mississippi is one of 26 states that currently have right-to-work laws (Miss. Const. Art. 7 § 198-A).

Mississippi Employment Laws

Employment law governs the individual rights of employees and their professional relationship with their employers, such as working hours, fair wages, anti-discrimination protections, and workplace safety.

Mississippi Wage Laws

Mississippi Minimum Wage	The state of Mississippi mirrors the federal minimum wage rate of $7.25, including the tipped minimum wage rate of $2.13 for employees who earn tips with their base pay.
Mississippi Overtime Pay Laws	Mississippi doesn't currently have any overtime pay laws or regulations. However, Mississippi-based employers must still comply with the Fair Labor Standards Act's (FLSA) requirement that nonexempt employees receive 1.5 times their normal rate of pay when working over 40 hours a week.
Mississippi Pay Equity Law	The Mississippi Equal Pay for Equal Work Act prohibits employers with five or more employees (i.e., any individual who is employed to work 40 or more hours a week) from paying employees of one sex less than those of the opposite sex for work that requires equal skill, education, effort, and responsibility, and which is performed under similar working conditions. The act does not extend the protection against pay discrimination to race-based wage differentials or disparities in pay based on other protected categories such as sexual orientation, age, and disability.
Mississippi Pay Transparency Law	Mississippi currently has no pay transparency laws or regulations.
Mississippi Final Paycheck Law	Mississippi currently has no final paycheck laws or regulations.
Mississippi PTO Payout Laws	Mississippi doesn’t have specific PTO payout requirements, as it bases such decisions on an employer's policy. It also has no regulations regarding the use of "use-it-or-lose-it" policies.

Mississippi Leave Laws

Mississippi Paid Sick Leave (PSL)	Mississippi currently has no paid sick leave laws or regulations.
Mississippi Paid Family and Medical Leave (PFML)	Mississippi currently has no PFML laws or regulations. However, employers with 50 or more employees must still comply with the federal Family and Medical Leave Act (FMLA), which provides eligible employees up to 12 weeks of unpaid leave every 12 months for various reasons.
Mississippi Maternity Leave	Mississippi doesn't have a maternity leave law, as this type of leave is an employer-provided benefit. Since the state also doesn’t have a mandated PFML program, employees must instead use FMLA leave or another type of employer-provided leave.
Mississippi Voting Leave Law	Mississippi currently has no voting leave laws or regulations.

Mississippi Workplace Health and Safety Management

All states must comply with federal health and safety standards overseen by the Occupational Safety and Health Administration (OSHA).

While some states adopt additional health and safety regulations, Mississippi is an "OSHA plan" state, meaning it defers to OSHA's requirements when addressing health and safety matters, such as having an emergency action plan or providing medical and first aid supplies.

Mississippi Work Break Laws

Mississippi currently has no work break laws or regulations.

Mississippi Harassment and Workplace Discrimination Laws

Mississippi has no state-specific harassment or discrimination laws and defers to federal laws, regulations, and guidance for such topics.

Other Mississippi Employment Laws

Mississippi Non-Compete Agreement Laws	Mississippi currently has no laws or regulations that directly ban or limit the use of non-compete agreements.
Mississippi Retirement Plan Laws	Mississippi currently has no mandatory retirement plan laws or regulations.
Mississippi Lactation Law	Mississippi Annotated Code § 71-1-55 prohibits discrimination against breastfeeding mothers who use lawful break time to express milk.
Mississippi Employment Verification Laws	Mississippi's Employment Protection Act requires all employers to perform employment authorization verification, using E-Verify, for any employee who is hired to perform work in Mississippi.

This information is provided as a courtesy and may be updated at any time. It is not intended as legal guidance. If you have questions or concerns, we encourage you to seek the advice of a qualified employment or labor attorney or advisor.

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