Discrimination Laws | According to Mississippi law, employers are typically not allowed to discriminate against employees based on traits like current or past involvement in the armed forces, clearing a criminal record, or using tobacco products outside of work hours.
Additionally, Mississippi has an equal pay statute that forbids gender-based wage discrimination by companies with five or more employees. |
Criminal Checks | Employers may obtain state conviction and arrest records if they have the subject of the record's written consent or if doing so is otherwise permitted by state or federal law. |
Drug Testing | As a condition of employment, a Mississippi company may ask job candidates to submit to neutral selection drug and alcohol testing. Drug and alcohol testing programs only collect confidential information.
If an employer demands pre-employment drug and alcohol testing, they must notify all candidates that they may be tested. The notice must be given when the application is submitted and before the test specimen is collected. |
E-Verify | The Employment Protection Act of Mississippi mandates that all companies sign up for and use E-Verify to check the employment authorization status of all newly recruited workers. Only legally resident immigrants or US citizens may be employed by an employer.
Additionally, any third-party employer in Mississippi must show proof of registration and participation in the E-Verify program to any Mississippi employer with whom they do business. |
Breastfeeding Breaks | Employees may express breast milk while taking breaks for meals or other activities supplied by the employer in Mississippi. In Mississippi, companies are not required to give their staff breaks or meals. |
Child Labor | Mississippi's child labor laws place limitations on the kind of jobs that children can hold as well as the hours and days that they can work.
In Mississippi, minors under the age of 14 are prohibited from working in any mill, cannery (apart from a fruit or vegetable cannery), workshop, factory, or manufacturing enterprise. Between 7:00 p.m. and 6:00 a.m., minors between the ages of 14 and 16 are not permitted to work in these facilities for longer than eight hours per day, for more than 44 hours per week, or any other period. |
Health Care Continuation | The health care continuation statute in Mississippi applies to all businesses. According to the law, employees and their insured dependents whose coverage ends for whatever reason must receive continuation coverage. Contrary to federal COBRA, the state law offers continuation coverage for up to 12 months and does not bar employees from being fired for serious misconduct. |
Payment of Wages | The employer must pay the total wages owed to employees in cash or as checks that may be fully cashed at banks with no hassle. An employer may issue payroll debit cards or direct deposits if specific requirements are completed. |
Pay Statements | For each pay period during which deductions are made, an employer must give each employee a statement of the deductions made from their salary. |
Pay Frequency | Non-exempt workers must be paid at least twice a month on scheduled paydays set out in advance. For genuine executive, supervisory, and other particular classifications of employees, an employer may set up regular paydays that happen less frequently than semimonthly, so long as the employees are paid in full at least monthly. |
Wage Deductions | Deductions from an employee's pay that are mandated by federal or state law or that the employee has approved (such as payments into benefit plans, personal savings accounts, or charity contributions) may be made by the employer. |
Leaves of Absence | There are few laws in Mississippi governing mandated time off and employee leaves of absence that apply to all firms. These laws cover things like jury duty, crime victims, and military leave. |
Weapons in the Workplace | In Mississippi, unless the employer restricts public access to the parking area, it is illegal for an employer to forbid employees from transporting or storing a gun in a locked vehicle in a parking lot, garage, or other designated parking space. Employers may prohibit their staff from keeping weapons in corporate cars. |
Safe Driving Practices | Mississippi has laws prohibiting using a hand-held mobile phone to text or use social media while driving. |
Final Pay | The company must pay a terminated employee for all unused vacation time not used before the termination if an employer policy, employment agreement, or union contract calls for paid vacations and does not contain forfeiture clauses. Regardless of whether the termination was voluntary, involuntary, or the result of the employer closing, the vacation time must be reimbursed at the final rate of pay.
All wages due to a deceased employee may be paid by an employer to individuals in a specific order, starting with the employee's spouse. |