MISSISSIPPI
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Disclaimer
This site is not intended to constitute legal advice and should not be relied upon as such.  Additionally, no
attorney-client relationship has been created by your visiting and reading this site.  Please consult a legal
professional before taking any action you believe may result in liability or litigation.  Nothing on this site
creates an express or implied contract.  While efforts are made to present only accurate and current
information, laws can and do change and interpretations vary among jurisdictions, so all information is
presented on an “as-is” basis.  This site is for informational purposes only.  
Meals and Break

Mississippi does not have any laws requiring an employer to provide a meal period or
breaks to employees, thus the federal rule applies.  The federal rule does not require an
employer to provide either a meal (lunch) period or breaks.  However, if an employer
chooses to do so, breaks, usually of the type lasting less than 20 minutes, must be paid.  
Meal or lunch periods (usually 30 minutes or more) do not need to be paid, so long as the
employee is free to do as they wish during the meal or lunch period.
DOL: Breaks and Meal
Periods.
Vacation

Mississippi has no laws requiring employers to provide employees with vacation benefits,
either paid or unpaid.  Mississippi’s Legislature and its courts are silent regarding any
obligation an employer may have regarding vacation leave, including whether an employer
must pay an employee accrued vacation leave upon separation from employment.  Due to
the silence of Mississippi authorities on the matter of vacation leave, it is likely employer’s
are free to establish the vacation leave policy of their choosing.  An employer would be
required to comply with the terms of a valid employment contract containing vacation leave
provisions.
Severance

Mississippi law does not require employers to provide employees with severance pay.  If
an employer chooses to provide severance benefits, it must comply with the terms of its
established policy or employment contract.
Holidays

Mississippi law does not require employers to provide employees with either paid or
unpaid holiday leave.  In Mississippi, an employer can require an employee to work
holidays.  An employer does not have to pay an employee premium pay, such as 1 1/2
times the regular rate, for working on holidays, unless such time worked qualifies the
employee for overtime under standard overtime laws.  If an employer chooses to provide
either paid or unpaid holiday leave, it must comply with the terms of its established policy or
employment contract.
Minimum Wage

Mississippi has not established a minimum wage rate.  The federal minimum wage rate
applies.  Currently, the federal minimum wage rate is
$7.25.  Some exceptions apply.
FLSA: Minimum Wage.
Overtime

Mississippi does not have laws governing the payment of overtime.  Federal overtime laws
apply.  See
FLSA: Overtime for more information regarding overtime requirements.
Sick Leave

Mississippi law does not require employers to provide employees with sick leave benefits,
either paid or unpaid.  If an employer chooses to provide sick leave benefits, it must comply
with the terms of its established policy or employment contract.

An employer in Mississippi may be required to provide an employee unpaid sick leave in
accordance with the
Family and Medical Leave Act or other federal laws.
EmploymentLawHandbook.com
Your Employment and Labor Law Resource
E
H
L
Wage and Hour Laws
for Private Sector Employers
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TOPICS COVERED (Scroll down for detailed information):

  •  Minimum Wage
  •  Overtime
  •  Meals and Breaks
  •  Vacation Leave
  •  Sick Leave
  •  Severance Pay
  •  Holiday Leave
  •  Jury Duty
Holidays

An employer is not required to pay an employee any wages for time spent complying with a
jury summons or serving on a jury.

An employer may not persuade or attempt to persuade any employee to avoid jury service
or discharge, intimidate, threaten or otherwise subject an employee to an adverse
employment action as a result of jury service if the employee notifies the employer he or
she has been summoned to serve as a juror within a reasonable period of time after
receiving a summons.

An employer may not require or request an employee to use annual, vacation, or sick leave
for time spent responding to a summons for jury duty, time spent participating in the jury
selection process, or time spent actually serving on a jury.
Mississippi Stat. 13-5-38