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Mississippi Labor Laws
An employer guide for 2026

Mississippi has no state minimum wage or overtime law, so FLSA-covered employers pay the federal $7.25 an hour and overtime after 40 hours a week. State rules still cover paydays for larger manufacturers, child labor in factories and required workplace posters.
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Mississippi labor laws at a glance

Mississippi is one of the few states with no minimum wage or overtime statute of its own, so federal law does most of the work. That does not mean there is nothing state-specific to know. Paydays for larger manufacturers, child labor limits in factories and state-required posters all come from Mississippi law or agencies.

TopicRule
Minimum wageNo state minimum wage law; FLSA-covered employers pay the federal $7.25 per hour (U.S. DOL)
Tipped cash wage$2.13 per hour under federal rules, with tips making up the rest of $7.25 (U.S. DOL)
OvertimeNo state overtime law; FLSA requires 1.5x after 40 hours in a workweek
Daily overtimeNone
Meal and rest breaksNo state requirement for adults
Paid sick leaveNo state mandate identified; set by employer policy
PaydayEvery two weeks or twice a month for manufacturers with 50+ employees and public service corporations (U.S. DOL)
Final payNo state deadline identified; pay by the next regular payday as a best practice
Child laborUnder 16 in factories, mills, canneries and workshops: max 8 hours a day, 44 a week, no work 7 p.m. to 6 a.m.

Mississippi minimum wage

The U.S. Department of Labor state minimum wage table (updated July 1, 2026) states plainly that Mississippi has no state minimum wage law and that “employers subject to the Fair Labor Standards Act must pay the current Federal minimum wage of $7.25 per hour.” For practical purposes, $7.25 is the Mississippi minimum in 2026. No change for January 1, 2027 has been announced; the federal rate would only move if Congress changes it.

Because there is no state floor at all, a business that falls outside FLSA coverage has no wage minimum under Mississippi law. In practice, that group is narrow, and the federal rules on coverage are technical. If you are not certain whether the FLSA reaches your business, the safer course is to pay at least $7.25 and contact the U.S. DOL Wage and Hour Division for a definitive answer.

Tipped employees

Federal tip credit rules apply. The U.S. DOL tipped wage table (revised July 1, 2026) lists Mississippi with a minimum cash wage of $2.13 per hour, a maximum tip credit of $5.12, and a tipped employee defined as one who customarily and regularly receives more than $30 a month in tips. When tips plus the cash wage fall short of $7.25 in a workweek, the employer must make up the difference. Track tips each pay period so you can show the credit is valid.

Overtime in Mississippi

Mississippi has no state overtime statute; the U.S. DOL table shows no premium pay entry for the state. Overtime is governed by the FLSA: covered, non-exempt employees must receive at least time and one-half their regular rate for every hour over 40 in a workweek (U.S. DOL overtime page). There is no daily overtime, and no state rule for weekends, holidays or a seventh consecutive day.

Since federal law is the only overtime rule in Mississippi, the details of the FLSA matter: who qualifies as exempt, how a workweek is defined, and what counts toward the regular rate. Our FLSA overtime rules guide explains exemptions and the regular rate, and the overtime calculator does the arithmetic.

Meal and rest breaks

Mississippi law does not require meal periods or rest breaks for adult employees. The state appears in neither the U.S. DOL meal period table nor the rest period table, which notes that states not listed do not require paid rest periods. Federal law does not require breaks either, but it does control pay when you offer them. Short breaks of about 5 to 20 minutes are compensable work time, while bona fide meal periods, typically 30 minutes or longer with the employee relieved of duty, do not have to be paid (U.S. DOL breaks guidance). Write your break policy down, and if you automatically deduct a lunch period, give employees an easy way to flag a missed or interrupted meal.

Paid sick leave and other leave

We did not find any Mississippi statute or agency guidance requiring private employers to provide paid sick leave, paid vacation or holiday pay. Leave in Mississippi is therefore a matter of company policy and any employment contract. Because there is no state payout rule either, your written policy is what employees and courts will look to if a dispute arises over unused vacation at separation. Spell out how time accrues, whether it carries over, and whether it is paid out when someone leaves. The PTO accrual calculator can help you set a fair rate.

Paydays and final paychecks

Mississippi’s pay frequency rule is narrow. According to the U.S. DOL payday table, it applies to every entity engaged in manufacturing in the state that employs 50 or more employees, 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 are not covered by a state frequency mandate, but you should still set a regular, predictable payday and stick to it. Note that the U.S. DOL payday table was last revised January 1, 2023.

Final pay. We could not locate an official Mississippi source that sets a deadline for final wages after a resignation or termination. At the federal level, the U.S. DOL last paycheck page says employers are not required to give former employees their final paycheck immediately, and suggests contacting the Wage and Hour Division if a final check is not received. The simplest safe practice is to pay all wages owed on the next regular payday, the same way you would if the person were still employed.

Child labor hours in Mississippi

Federal FLSA child labor rules apply to covered employers in every industry. On top of those, the U.S. DOL child labor table lists Mississippi limits for minors under 16 who work in a factory, mill, cannery, workshop or manufacturing establishment:

  • No more than 8 hours in a day and 44 hours in a week.
  • No work between 7 p.m. and 6 a.m.

The table shows no separate Mississippi limits for 16- and 17-year-olds. For retail, restaurant and other non-manufacturing jobs, use the federal youth rules for 14- and 15-year-olds and the federal list of hazardous occupations barred to all minors. When state and federal limits differ, follow the stricter rule.

Recordkeeping and posters

The Mississippi Department of Employment Security (MDES) lists two state-required notices on its required posters page: the Unemployment Insurance poster, free from MDES in English and Spanish, and the Mississippi Workers’ Compensation notice. The same page links the federal notices most employers need, including the FLSA minimum wage poster, the Family and Medical Leave Act notice for covered employers, the OSHA Job Safety and Health poster, USERRA and the Employee Polygraph Protection Act notice. The U.S. DOL also keeps a poster advisor and download page.

Because Mississippi relies on federal wage law, federal FLSA recordkeeping is the standard to follow: keep each non-exempt employee’s hours worked each day and week, pay rate, and wages paid. Accurate time records are your best defense in any wage claim.

How EZTime helps Mississippi employers

With federal rules setting the bar, the job is to capture every hour precisely. EZTime’s attendance clock runs as a GPS mobile app with geofencing, on NFC tags, a tablet kiosk or biometric clocks, and sends overtime and break alerts before a workweek passes 40 hours. Scheduling uses shift templates and swaps to keep under-16 workers out of late manufacturing shifts, PTO and sick-leave balances follow your own policy, and payroll-ready Excel and PDF exports load into any payroll software. Plans start at $2 per employee per month with a 14-day trial.

This guide is general information, not legal advice. Laws change; check the U.S. Department of Labor Wage and Hour Division, the Mississippi Department of Employment Security or an employment attorney. Last reviewed November 2026.

Frequently asked questions

Mississippi has no state minimum wage law. Employers covered by the federal Fair Labor Standards Act must pay the federal minimum of $7.25 per hour.

There is no state overtime law, but the federal FLSA requires covered employers to pay non-exempt employees time and a half for hours over 40 in a workweek. There is no daily overtime.

No. Neither Mississippi nor federal law requires breaks for adults. If you offer short breaks of about 5 to 20 minutes, federal rules treat them as paid work time.

Manufacturers with 50 or more employees and public service corporations must pay every two weeks or twice a month. Other employers should still set and keep a regular payday.

MDES lists the state Unemployment Insurance poster and the Workers’ Compensation notice as state-required, plus federal posters such as the FLSA minimum wage poster and OSHA’s Job Safety and Health poster.

Keep Mississippi timekeeping compliant

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