MS · state labor law, 2026
Mississippi labor laws: minimum wage, overtime, leave, final pay and breaks
Mississippi has almost no wage and hour law of its own: federal rules and the employer's written policies decide nearly everything.
Mississippi and federal rules checked on official sources on · Checked by Radif Partners · How we calculate
- Minimum wage now
- $7.25/h
- federal floor applies
- Next change
- none announced
- checked October 11, 2026
- Tipped cash wage
- $2.13/h
- tips must make up the rest
- Overtime
- 40 h/week
- federal FLSA rule
- Paid sick leave
- no state law
- employer policy
- Paid family leave
- no program
- FMLA is unpaid
Mississippi has no state minimum wage law, so workers at employers covered by the Fair Labor Standards Act are owed the federal $7.25 an hour, $15,080 a year at 40 hours a week, and tipped workers a cash wage of at least $2.13 with tips making up the rest. There is no state overtime statute either: time and a half after 40 hours in a workweek comes from federal law. Mississippi also has no state labor department enforcing wages, no paid sick leave or family leave requirement, no break rules and no statute on the timing of a final paycheck or on vacation payout. What the state does put in its constitution is the right to work, in Section 198A. In practice, a Mississippi worker's rights come from three places: federal law, the written policies of the employer and any contract signed.
Gross pay for this week in Mississippi
$290
Time and a half after 40 hours in a week (federal rule)
| Minimum wage in Mississippi now | $7.25 an hour (federal floor) |
| Your rate against it | At or above the minimum |
| Overtime: none this week | $0 |
| Paid sick leave earned in a year | No statewide paid sick leave law |
| Breaks owed in a 8-hour shift | None required for adults |
| Final paycheck if fired | no state statute sets a deadline (federal law sets none either) |
| Unused vacation at the end | No state rule: the employer policy decides |
| Paid family leave | No state program |
40 hours a week at $7.25. State rule applied. Minimum wage, overtime and leave rules have exceptions by employer size and industry. How this is calculated.
A state with no wage agency
Most states have a labor department that takes wage complaints. Mississippi does not run one for private-sector pay, so claims for unpaid minimum wage or overtime go to the Wage and Hour Division of the U.S. Department of Labor, which charges nothing. Claims that rest on a promise, such as an agreed hourly rate above the minimum, a commission plan or a vacation payout written into a handbook, are contract claims, taken to a state court. Mississippi is one of 20 states where the federal floor is the working minimum.
Compare two states for a full-time minimum wage job
Texas / California, per hour
$7.25 / $16.90
| Full-time year (2,080 h) | $15,080 / $35,152 |
| Gap over a year | $20,072 |
| Paid sick leave law | no / yes |
| Paid family leave program | no / yes |
What the federal floor covers
The FLSA reaches businesses with $500,000 or more in annual sales and any employee whose work regularly crosses state lines, which covers most jobs in retail, logistics, health care and manufacturing. A poultry plant worker paid $14 an hour who works six 8-hour shifts has 48 hours that week and is owed 8 at time and a half, $728 gross. Mississippi adds no daily overtime and no higher salary test for exempt jobs, so the federal $684 a week applies.
Tips and the cash wage
Restaurants in Mississippi may use the federal tip credit. A server receives at least $2.13 an hour from the employer, and tips must carry the total to $7.25 for every hour of the workweek. When a slow week leaves the average short, the employer owes the difference in that paycheck. Tips belong to the worker under federal rules; managers and owners cannot keep any part of them, even through a pool.
Do your tips cover the minimum wage?
Employer top-up owed per hour
$1.12
| Cash wage | $2.13 |
| Cash wage + tips | $6.13 |
| Minimum wage in Mississippi | $7.25 |
| Top-up over a 30-hour week | $34 |
The end of a job
No Mississippi statute sets a deadline for final wages, and federal law does not set one. Whether unused vacation is paid depends entirely on the employer's policy or a contract. Before leaving, it helps to ask in writing when the last check will be issued and whether accrued time will be included, and to keep copies of recent pay stubs.
Leave, breaks and unions
Mississippi law does not require sick days, paid family leave or meal and rest breaks for adults. Eligible workers have the federal FMLA: up to 12 weeks of unpaid, job-protected leave at employers with 50 or more employees. The constitution guarantees that no one can be required to join a union or pay dues as a condition of employment, and employment is at will. The right-to-work page compares the states that share that rule.
Mississippi employment rules at a glance, 2026
Minimum wage schedule
| From | Who it covers | Rate | Note |
|---|---|---|---|
| January 1, 2026 | Statewide (federal minimum) | $7.25 | No state minimum wage law; the federal FLSA rate applies to covered employers |
Mississippi has no state rate above the federal floor, so employers covered by the Fair Labor Standards Act pay at least $7.25 an hour. Federal minimum wage applies (no state law). Read the Mississippi rule.
Overtime
Time and a half after 40 hours in a week. The salary test for exempt employees is the federal $684 a week. No state overtime law; federal FLSA overtime (after 40 hours a week) applies to covered employers. source
Sick leave and family leave
Mississippi has no statewide paid sick leave law for private employers; leave depends on the employer's policy or a city ordinance. No statewide paid sick leave law for private employers.
No state paid family leave insurance: the federal FMLA gives eligible workers up to 12 weeks of unpaid, job-protected leave.
Final paycheck and unused vacation
Fired or laid off: no state statute sets a deadline (federal law sets none either). Quitting: no state statute sets a deadline (federal law sets none either). Vacation: No state statute on vacation payout; follows employer policy or contract..
Meal and rest breaks
No meal break is required for adults by state law. No paid rest break is required for adults.
Unions and dismissal
Mississippi is a right-to-work state: a union contract cannot require you to pay dues or fees to keep your job. Employment is at will: either side may end it at any time, except for an illegal reason such as discrimination or retaliation, or against a contract. source