State labor lawRead at source, 24 September 2026
Mississippi Labor Laws for Employers (2026): Breaks, Overtime, Final Pay and Hiring
Mississippi leaves nearly all wage and hour rules to federal law. There is no state minimum wage, so the federal $7.25 applies, and overtime is owed after 40 hours in a workweek under the FLSA. Mississippi requires no meal or rest breaks for adults and sets no final paycheck deadline. Its own rules focus on hiring: every employer must use E-Verify, new hires must be reported within 15 days, and employers with five or more employees are covered by a state equal pay law. There is no state paid sick leave or pay transparency law.
Mississippi employment law at a glance
Mississippi has no state minimum wage, overtime or break law and no state labor department; federal law and the U.S. Department of Labor cover most wage and hour questions. The state rules that do exist are mostly about hiring: E-Verify for every employer, new-hire reporting within 15 days, and an equal pay law. One caution about sources. Mississippi publishes its statutes officially only through a commercial legal platform, so where we could not read a code section at a free official source, the table says so and relies on session laws, state agency pages and the U.S. Department of Labor's state tables instead.
| Topic | The rule | Source or note |
|---|---|---|
| Minimum wage | $7.25 an hour, the federal rate. Mississippi has no state minimum wage law. Mississippi minimum wage | U.S. DOL state table |
| Tipped cash wage | $2.13 an hour (federal), with tips making up the rest of $7.25 | U.S. DOL tipped table |
| Overtime | 1.5x after 40 hours in a workweek under the federal FLSA. No daily overtime | No state overtime law |
| Meal break, adults | No state requirement (federal rules apply) | Not listed in U.S. DOL meal period table |
| Rest breaks, adults | No state requirement (federal rules apply) | Short breaks are paid time under 29 CFR 785.18 |
| Breaks for minors | No state rule confirmed; federal child labor hours limits apply | Child labor laws by state |
| Final paycheck, fired | No state deadline identified; pay by the next regular payday | Final paycheck laws by state |
| Final paycheck, quit | No state deadline identified; pay by the next regular payday | Final paycheck laws by state |
| Pay frequency | Every two weeks or twice a month, but only for manufacturers with 50 or more employees and public service corporations | U.S. DOL payday table |
| Paid sick leave | No state requirement | PTO payout laws by state |
| Pay transparency in job postings | No state requirement | Pay transparency by state |
| E-Verify, private employers | Required of all employers since July 1, 2011 (phased in from 2008 by size) | Mississippi Employment Protection Act, SB 2988 (2008) |
| Ban the box, private employers | No state requirement (federal rules apply) | Ban the box by state |
| New-hire reporting | Within 15 days, to the State Directory of New Hires | Mississippi DHS |
| Work permits for minors | Not confirmed at a state source; follow federal rules | Child labor laws by state |
| At-will employment | Yes, unless a contract says otherwise | Anti-discrimination and retaliation laws still apply |
Mississippi break laws
Mississippi does not require meal or rest breaks for adult employees. It does not appear in the U.S. Department of Labor's table of state meal period requirements, and it has no state wage and hour agency that could issue a rule. That leaves the federal standard, which does not require breaks either.
What federal law says about breaks you give
If you offer short breaks, federal rules decide the pay. Under 29 CFR 785.18, rest periods of about 5 to 20 minutes "must be counted as hours worked." A meal period of 30 minutes or more, with the employee completely relieved of duty, can be unpaid. Put your break policy in writing so every shift lead applies it the same way; our meal break laws by state page shows how neighboring states compare.
Minors and lactation
We could not read Mississippi's child labor sections (Miss. Code §§ 71-1-17 to 71-1-33) at an official free source, so this page does not state a Mississippi break or hours rule for minors. Federal child labor rules apply to covered employers: 14- and 15-year-olds may work no more than 3 hours on a school day and 18 hours in a school week, and not before 7 a.m. or after 7 p.m. outside summer (U.S. DOL YouthRules). For nursing employees, the federal PUMP Act requires reasonable break time and a private space that is not a bathroom for up to one year after the child's birth (U.S. DOL).
Mississippi overtime laws
Mississippi has no state overtime law. The U.S. Department of Labor lists Mississippi among the states with no minimum wage law, and the same is true of overtime: the Fair Labor Standards Act is the only rule. Non-exempt employees earn one and one-half times their regular rate for hours worked over 40 in a workweek. There is no daily overtime, no seventh-day premium and no state salary threshold for exempt status. Private employers cannot substitute comp time for overtime pay. Complaints go to the U.S. Department of Labor's Wage and Hour Division. See overtime laws by state for states with stricter rules.
Paying employees in Mississippi
Minimum wage
Mississippi has no minimum wage law, so covered employers pay the federal $7.25 an hour, or $2.13 in cash to tipped employees whose tips make up the rest (U.S. DOL). No increase is scheduled. See our Mississippi minimum wage page for detail.
Pay frequency
The U.S. Department of Labor's state payday table lists a Mississippi rule that applies only "to every entity engaged in manufacturing of any kind in the State employing 50 or more employees and employing public labor, and to every public service corporation doing business in the State." Those employers must pay "once every two weeks or twice during each calendar month." Other employers have no state payday rule. We could not read the underlying Mississippi Code section at an official free source, so check it with counsel if you are a manufacturer near the 50-employee line. See pay frequency laws by state.
Final paychecks
We found no Mississippi statute setting a deadline for final pay, whether an employee quits or is fired, and no state agency publishes guidance on it. Federal law expects wages to be paid on the regular payday for the period worked, so the safe practice is to pay final wages on the next regular payday. Your handbook, offer letter or contract is enforceable, including any promise to pay out unused vacation. Compare other states on our final paycheck laws by state page.
Equal pay
The Mississippi Equal Pay for Equal Work Act (HB 770, effective July 1, 2022) bars employers with five or more employees from paying an employee less than an employee of the opposite sex in the same establishment for equal work. It covers employees who work 40 or more hours a week. Unlike many state equal pay laws, it expressly treats an employee's salary history, competition from other employers and how hard the employee negotiated as permitted factors "other than sex." Claims must be filed within two years, and an employee who sues under the state act must waive the federal Equal Pay Act.
Mississippi hiring laws
Mississippi's own rules concentrate on the hiring step. Before the first shift:
- E-Verify: Mandatory for every employer. The Mississippi Employment Protection Act (SB 2988, 2008, codified at Miss. Code § 71-11-3) says "every employer shall register with and utilize the status verification system to verify the federal employment authorization status of all newly hired employees." It phased in by size, and all employers had to comply by July 1, 2011. Penalties include cancellation of public contracts and loss of business licenses and permits. See E-Verify requirements by state.
- Form I-9: Required for every hire under federal law. See our Form I-9 requirements guide.
- New-hire reporting: The Mississippi Department of Human Services says "all employers (or independent contractors) are required to report basic information about newly-hired personnel within 15 days," with a penalty of $25 per case, or up to $500 for collusion (MDHS). Reports go to the Mississippi State Directory of New Hires.
- Pay and salary history: No pay transparency requirement for job postings, and no salary history ban; the state equal pay act treats salary history as a permitted factor. See pay transparency laws by state.
- Criminal history: No state ban-the-box law for private employers. See ban the box laws by state.
- Drug testing: See drug testing laws by state before adding a test.
Paid leave in Mississippi
Mississippi has no paid sick leave law and no state family leave program. Employers with 50 or more employees owe unpaid, job-protected leave to eligible employees under the federal Family and Medical Leave Act. Any paid time off you offer is governed by your own written policy, so write down how it accrues and what happens to unused time at separation; see PTO payout laws by state.
Posters and records
The Mississippi Department of Employment Security provides the unemployment insurance poster free, and says "the only other state-required poster is the Mississippi Worker's Compensation poster" (MDES required posters). Add the federal posters (FLSA minimum wage, EEO, FMLA if covered, OSHA and others). Our labor law posters by state page links every state's set, and workers comp requirements by state covers when Mississippi requires coverage. For written policies, see employee handbook requirements by state.
Local ordinances in Mississippi
We found no Mississippi city minimum wage, paid sick leave or predictive scheduling ordinance that changes the answers on this page, so Jackson, Gulfport and Southaven employers follow the same federal and state rules as everyone else. If you hire across state lines, our predictive scheduling laws by state page lists the cities elsewhere that regulate schedules.
What this means when you're hiring hourly workers in Mississippi
The Mississippi rule most likely to trip up a growing employer is E-Verify: it applies from your first hire, and it follows the worksite, so an out-of-state company opening a Mississippi location is covered there. Build it into onboarding along with the 15-day new-hire report. Beyond that, the federal $7.25 floor rarely decides what you pay; the local market does. Put the real starting rate, shift and town in the first line of the ad. Our job ad copywriting guide shows how, the employee cost calculator shows what a hire costs, and Boostpoint runs Facebook and Instagram job ads for frontline employers with a short in-app application.
Frequently asked questions
Is Mississippi an at-will employment state?
Yes. Without a contract saying otherwise, either the employer or the employee can end employment at any time, for any lawful reason or none. At-will does not permit a termination that violates federal anti-discrimination law or retaliates against an employee for protected activity, including invoking the Mississippi Equal Pay for Equal Work Act, which bars retaliation.
Are breaks required by law in Mississippi?
No. Mississippi has no meal or rest break requirement for adult employees and does not appear in the U.S. Department of Labor's table of state meal period laws. If you give short breaks of about 5 to 20 minutes, federal law requires you to pay for them as hours worked. Federal child labor hour limits apply to workers under 16.
Does Mississippi require overtime after 8 hours?
No. Mississippi has no state overtime law and no daily overtime. Overtime is owed only under the federal Fair Labor Standards Act, at one and one-half times the regular rate for hours worked over 40 in a workweek, for non-exempt employees. There is no seventh-day or weekend premium, and no state exempt salary threshold.
When is a final paycheck due in Mississippi?
Mississippi has no statute we could identify setting a final paycheck deadline, for employees who quit or are fired. Federal law expects wages to be paid on the regular payday for the period worked, so the safe practice is to pay by the next regular payday. Any promise in your handbook or contract, such as paying out accrued vacation, is enforceable as a contract.
Does Mississippi require paid sick leave?
No. Mississippi has no paid sick leave law and no state family leave program. Employers with 50 or more employees owe unpaid, job-protected leave to eligible employees under the federal FMLA. Paid time off you choose to provide is governed by your written policy, so spell out accrual and what happens to unused time at separation.
What are the hiring laws in Mississippi?
Every Mississippi employer must use E-Verify for new hires under the Mississippi Employment Protection Act, and report new hires to the State Directory of New Hires within 15 days. Complete a federal Form I-9 for each hire. Mississippi has no pay transparency law, no salary history ban and no private-employer ban-the-box law. Its equal pay act covers employers with five or more employees.
Does Mississippi have a state labor department?
No. Mississippi has no state agency that enforces wage and hour law. The U.S. Department of Labor's Wage and Hour Division handles minimum wage, overtime and child labor complaints in the state. The Mississippi Department of Employment Security runs unemployment insurance, and the Department of Human Services runs the State Directory of New Hires.
Hiring hourly workers in Mississippi?
Boostpoint writes and runs Facebook and Instagram job ads with the pay, shift and town up front and a short in-app application, so you hear from applicants while they are still looking.
Book a DemoEnacted bills read on billstatus.ls.state.ms.us; guidance read at MDHS, MDES and the U.S. Department of Labor on 24 September 2026. The Mississippi Code itself could not be read at a free official source.