Disclaimer: These materials do not constitute legal advice and should not be substituted for the advice of legal counsel.

Guide last updated September 2023.

At-Will Employment

Mississippi is an employment-at-will state. Brandi's Hope Cmty. Servs., LLC v. Walters, No. 2022-CA-00188-COA, 2023 WL 4071594, at *6 (Miss. Ct. App. June 20, 2023). This means that absent an express employment agreement, either party may terminate the employment relationship at any time, with or without cause, and with or without notice, with the exception of reasons independently declared legally impermissible. Id. at *6. Mississippi courts have explained, however, that employers may not fire employees for one of the public policy reasons detailed in McArn v. Allied Bruce-Terminix Co., nor may they fire employees for reasons "independently declared legally impermissible" by state or federal law, specifically including express legislative action. McArn v Allied Bruce-Terminix Co., Inc. 626 So. 2d 603 (Miss. 1993); 603 So. 2d 356 (Miss. 1992). Under the McArn exception, an employer shall not discharge an employee solely for refusing to participate in or refusing to remain silent about, illegal activities. McAm at 607. Specifically, the Mississippi Vulnerable Persons Act contains an exception to Mississippi's employment-at-will doctrine that specifically addresses reports of suspected abuse and provides that: "No person shall terminate from employment, demote, reject for promotion or otherwise sanction, punish or retaliate against any individual who, in good faith, makes a report as provided in this section..." Miss. Code Ann. § 43-47-37(5)(b).

Notably, the reporting of illegal acts (or the whistleblower) exception applies only if the acts complained of by the employee warrant the imposition of criminal penalties, as opposed to mere civil penalties. Frank v. City of Flowood, No. 2015-CA-00620-COA, 2016 WL 1564267, at *5 (Miss. Ct. App. Apr. 19, 2016).

Finally, absent a disclaimer to the contrary, the terms and conditions of an employer's employment manual or handbook may impose contractual obligations upon the employer and otherwise narrow and restrict the employment-at-will doctrine. Bobbitt v. The Orchard, Ltd., 603 So. 2d 356 (Miss. 1992).

Right-to-Work Laws

Mississippi is a right-to-work state. Miss. Const. art. 7 § 198-A. This means that an employer cannot deny, abridge, or otherwise condition an employee's right to work upon that employee's membership or non-membership in any labor union or labor organization. Id. In addition, an employer cannot deny or otherwise interfere with an employee's right to organize or to bargain collectively, by and through a labor organization. Miss. Code Ann. § 71-1-47; Miss. Const. Art. 7, Section 198-A. Mississippi enacted three new laws in this area, which took effect on July 1, 2014.

First, the Mississippi Employment Fairness Act provides that the state "shall retain the exclusive authority to require an employer or multi-employer association to accept or otherwise agree to any provisions of a labor peace agreement or any provisions that are mandatory or non-mandatory subjects of collective bargaining under federal labor laws," including limitations on the association's rights to engage in collective bargaining with a labor organization, lock out employees, or operate during a work stoppage. Miss. Code Ann. § 71-15-7. However, the law makes clear that it "shall not invalidate or otherwise restrict the state from requiring the use of project labor agreements to the extent permissible under federal labor laws." Id.

Second, the Prohibition Against Employer Intimidation Act prohibits a person, organization, corporation, union, agency, or other entity from damaging, harming, injuring, or threatening to injure or coerce a business, "or any employee or representative of the business, with the intent to unlawfully intimidate the business or its employees from exercising their federally or state protected rights, in an effort to obtain 'something of value' for a public or private organization, corporation, union, agency, or other entity." Miss. Code Ann. § 71-13-5. "Something of value" includes a neutrality agreement, card check agreement, collective bargaining recognition, or other objective of an organized initiative. Id.

Finally, the third relevant act makes it unlawful for any union, labor union, or agency, singly or in concert with others, to engage in mass picketing or mass demonstrations that obstruct or unreasonably interfere with free ingress or egress to and from any place of business or has the effect of obstructing or unreasonably interfering with the free use of business entryways, streets, sidewalks, or rights-of-way, etc. Miss. Code Ann. § 97-23-109.

Immigration Verification

Mississippi requires all employers to use E-Verify to ensure employment eligibility for all newly hired employees, pursuant to the Mississippi Employment Protection Act. Miss. Code Ann.§ 71-11-3. An employer's failure to comply shall be subject to the cancellation of any state or public contract, resulting in ineligibility for any state or public contract for up to three years, the loss of any license, permit, certificate, or other document granted to the employer by any agency, department, or government entity in the state of Mississippi for the right to do business in Mississippi for up to one year a fine of not less than One Thousand Dollars ($1,000.00) nor more than Ten Thousand Dollars ($10,000.00), or both. Or both.

NOTE: Mississippi was the first state to participate in the U.S. Citizen and Immigration Services' "Records and Information from DMVs for E-Verify (RIDE)" program. Using RIDE, the E-Verify system can validate the authenticity of Mississippi driver's licenses used by employees as Form I-9 identity documents.

Drug Testing

The State of Mississippi enforces two laws concerning workplace drug tests, which may be found at Miss. Code. Ann. § 71-3- 201, et seq.; the Drug-Free Workplace Workers' Compensation Premium Reduction Act; and Miss. Code. Ann. § 71-7-1, et seq.; Employers who voluntarily conduct drug and alcohol testing must follow procedures established by the state Health Department, notify workers and applicants in writing that they are subject to testing, and maintain the confidentiality of test results. Id.

If an employer implements a drug-free workplace program, it "shall qualify" for certification for a 5 percent premium discount if offered under the employer's workers' compensation insurance policy. Miss. Code Ann. § 71-3-207(1). The election of a public or private employer to conduct drug and alcohol testing is voluntary; however, if the employer elects to have such a policy, it must follow the terms of the chapter without exception. Miss. Code Ann. § 71-7-3. In Mississippi, employers may test for alcohol and other substances not specifically identified under the federal Drug-Free Workplace Act of 1988. Further, Mississippi requires employers to use a Medical Review Officer as the sole individual authorized to review any test results. Employers should approach drug- and alcohol-testing cautiously because it can present substantial hurdles.

Jury Duty Leave

Mississippi provides protection to those summoned for jury duty. Specifically, it is "unlawful for an employer to persuade or attempt to persuade any juror to avoid jury service; to intimidate or to threaten any juror in that respect; or to remove or otherwise subject an employee to adverse employment action as a result of jury service if the employee notifies [their] employer that [they have] been summoned to serve as a juror within a reasonable period of time after receipt of a summons." Miss. Code Ann. § 13-5-35(1). In addition, it is "unlawful for an employer to 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." Id. § 13-5-35(2).

However, Mississippi employers are not required to provide annual, vacation, or sick leave to employees who otherwise are not entitled to such benefits under company policies. Miss. Code Ann. § 13-5-35(2).

Voting Leave

The State of Mississippi does not specifically require an employer to offer its employees time off to vote. If an employee's regular working hours do not otherwise allow the employee time to vote, an employer may allow the employee to take vacation or leave time so the employee has "the necessary time to cast [their] vote." Miss. Code Ann. § 23-15-871(3). The employer may not, however, direct or coerce, directly or indirectly, an employee to vote or not vote. Miss. Code Ann. § 23-15-871(1).

Parental Leave

The State of Mississippi does not require an employer to offer parental leave to its employees.

Other Leave

The State of Mississippi does not require employers to offer paid or unpaid vacation or paid or unpaid sick leave to employees. However, an employer in Mississippi may be required to provide an employee unpaid sick leave in accordance with the federal Family and Medical Leave Act or other federal laws.

Smoking Laws

A public or private employer shall not condition employment on an employee or applicant for employment on abstaining from smoking or using other tobacco products in non-work areas during non-work hours, provided that the employee complies with applicable laws or policies regulating smoking on the premises of the employer during working hours. Miss. Code Ann. § 71-7-33. Certain counties have banned smoking in bars and restaurants or enclosed workspaces, but the State of Mississippi has not enacted any ban on smoking applicable to private workplaces.

Break Time to Express Milk

No employer shall prohibit an employee from expressing breast milk during any meal period or other break period provided by the employer. Miss. Code Ann. § 71-1-55. Licensed childcare facilities must provide breastfeeding employees with a sanitary place with an electrical outlet, comfortable chair, and nearby access to running water that is not a toilet stall, to breast-feed their children or express milk. A refrigerator must be available for storage of expressed breast milk. Miss. Code Ann. § 43-20-31. Employers should also refer to the similar requirements under the Fair Labor Standards Act.

Meal Breaks

The State of Mississippi has no law regulating meal breaks or rest periods.

Minimum Wage

The State of Mississippi has no law regulating minimum wage. However, those employers subject to the federal Fair Labor Standards Act are subject to the $7.25 minimum wage under that Act. Employers should always consult the federal child labor laws before employing a minor under 18 years of age.

Final Payments

The State of Mississippi has no law regulating final payments to employees. However, such payments should be made to employees no later than their normal payday, and no deduction should take them below minimum wage, and the Mississippi Uniform Disposition of Unclaimed Property Act, Miss. Code Ann. § 89-12-1, et seq., requires employers to turn over any unclaimed wages to the state.

Unemployment Insurance

Unemployment insurance benefits provide income to individuals who have lost work through no fault of their own. The benefits are intended to partially offset the loss of wages while an unemployed worker searches for suitable work or an employer can recall the employee to work. Nothing is deducted from the employee's wages to pay for this coverage. Unemployment benefits are administered by the Mississippi Department of Employment Security, and additional information regarding the benefits may be accessed at mdes.ms.gov/.

Workers' Compensation

The Mississippi Workers' Compensation Act, Miss. Code Ann. § 71-3-1, et seq., applies to every employer in Mississippi with five or more employees. Employees who suffer injuries and/or occupational diseases arising out of and in the course of their employment may be eligible to receive several types of benefits under the Act. The Act is administered by the Mississippi Workers' Compensation Commission, and additional information regarding the Act may be accessed at www.mwcc.state.ms.us/.

Under the Act, a workplace injury must be reported to the employer immediately; failing to report an injury in a timely manner may result in a denial of benefits. Finally, unlike some states, Mississippi does not recognize a claim for retaliation under the Act.

Gun Laws

A public or private employer may not establish, maintain, or enforce any policy or rule that has the effect of prohibiting a person from transporting or storing a firearm in a locked vehicle in any parking lot, parking garage, or other designated parking area. Miss. Code Ann. § 45-9-55. However, a private employer may prohibit an employee from transporting or storing a firearm in a vehicle in parking areas provided by the employer that have restricted or limited access through the use of a gate, security station, or other means of restricting or limiting general public access to the property. Id. at § 45-9-55(2). Further, these limitations do not apply to vehicles that are owned or leased by the employer and used by the employee in the course of their business. Id. § 45-9-55(3).

Mississippi employers should have proper signage and policies in place regarding any prohibition on firearms within the workplace. It is also notable that effective July 1, 2013, Mississippi expanded Miss. Code Ann. § 97-37-1 to allow people to carry firearms openly in public without a concealed carry permit.

Finally, the Mississippi Supreme Court has recently explained that the state legislature has "independently declared" that terminating an employee for having a firearm inside their locked vehicle is "legally impermissible." Swindol v. Aurora Flight Scis. Corp., No. 2015-FC-01317-SCT, 2016 WL 1165448, at *7 (Miss. Mar. 24, 2016); Miss. Code Ann. §45-9-55(5). Further, § 45-9-55(5) does not bar an action for wrongful discharge against an employer who terminates an employee for having a firearm inside their locked vehicle. Id. Notably, the employer may still prohibit the storing of a firearm in a secured parking area, and the employee must store the firearm consistent with Section 45-9-55 and not in an area that is prohibited by law. See Id.

Additional Laws and Regulations

Military Protection

Mississippi law prohibits discrimination because of an individual's current or former military service. Miss. Code Ann. § 33-1-15. After military leave, military personnel who are still qualified to perform the duties of their previous position are entitled to be restored to their previous or similar positions at the same status, pay, and seniority. Id. at § 33-1-19.

Minimum Age

The minimum age of employment in Mississippi is 14. Miss. Code Ann. § 71-1-19. However, fruit and vegetable canneries are exempt from Mississippi's minimum age requirement. Miss. Code Ann. § 71-1-31.

Protecting Freedom of Conscience from Government Discrimination Act

The Act, codified at Miss. Code Ann. §§ 11-62-1-11-62-19, allows a religious organization to decide "whether or not to hire, terminate[,] or discipline an individual whose conduct or religious beliefs are inconsistent with those of the religious organization…" Miss. Code Ann. § 11-62-5(1)(b). The statute also prohibits state government from acting against an employer who establishes "sex-specific standards or policies concerning employee or student dress or grooming, or concerning access to restrooms, spas, baths, showers, dressing rooms, locker rooms[,] or other intimate facilities or settings" based on a sincerely held religious belief or moral conviction. Id. at (6). Notwithstanding, employers governed by Title VII of the Civil Rights Act of 1964 (those with 15 or more employees) should know that the Equal Employment Opportunity Commission (EEOC) has interpreted and enforced Title VII to prohibit discrimination based on religion, gender identity and expression, or sexual orientation. Moreover, reliance on contrary state law is not a defense to violating Title VII.

WARN Laws

Mississippi does not have a state act governing mass layoffs. However, the federal Worker Adjustment and Retraining Notification Act (WARN Act) requires employers to provide 60 days' notice before covered plant closings and mass layoffs. The notice must be provided to the affected employee or their representative (e.g., a union), appropriate local officials, and the state's dislocated worker unit. An employer who engages in a mass layoff and does not give its employees 60 days' notice of the impending job terminations is liable for up to 60 days' pay and benefits to those employees who lost their jobs.