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Last updated on: May 23rd, 2022
Hours & Pay Regulations
Normal Working Hours
The Fair Labor Standards Act defines the workweek as a fixed and recurring period of 168 hours comprised of seven consecutive 24-hour periods that do not need to coincide with the calendar week. It is adjustable only if the change is designed to be permanent.
Each week is considered on its own for purposes of calculating overtime. The hours of two or more weeks may not be averaged.
Overtime
Mississippi has no general provision governing overtime pay, but most employees would be subject to the federal Fair Labor Standards Act, which requires that all nonexempt employees be paid at a rate of 1.5 times their regular rate of pay for all hours worked over 40 in a week.
Breaks
Breast Feeding Break
Breast-feeding mothers, including employees, shall be provided a sanitary place that is not a toilet stall to breast-feed their children or express milk. This area shall provide an electrical outlet, comfortable chair, and nearby access to running water. A refrigerator will be made available for storage of expressed breast milk following guidelines from the American Academy of Pediatrics and Centers for Disease Control in ensuring that breast milk is properly treated to avoid waste. Universal precautions are not required in handling human milk. Staff shall be trained in the safe and proper storage and handling of human milk. Breast-feeding promotion information will be displayed in order to positively promote breast-feeding to the clients of the facility. No employer shall prohibit an employee from expressing breast milk during any meal period or other break period provided by the employer.
Annual Leave
No county, board of supervisors of a county, municipality or governing authority of a municipality is authorized to establish a mandatory, minimum living wage rate, minimum number of vacation or sick days, whether paid or unpaid, that would regulate how a private employer pays its employees. Each county, board of supervisors of a county, municipality or governing authority of a municipality shall be prohibited from establishing a mandatory, minimum living wage rate, minimum number of vacation or sick days, whether paid or unpaid, that would regulate how a private employer pays its employees. The Legislature further finds that wages and employee benefits comprise the most significant expense of operating a business. It also recognizes that neither potential employees or business patrons are likely to restrict themselves to employment opportunities or goods and services in any particular county or municipality.
Consequently, local variations in legally required minimum wage rates or mandatory minimum number of vacation or sick leave days would threaten many businesses with a loss of employees to local governments which require a higher minimum wage rate and many other businesses with the loss of patrons to areas which allow for a lower wage rate and more or less vacation or sick days. The net effect of this situation would be detrimental to the business environment of the state and to the citizens, businesses, and governments of the local jurisdictions as well as the local labor markets.
Special Leave
It shall be unlawful for any employer or any other person 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 his or her employer that he or she has been summoned to serve as a juror within a reasonable period of time after receipt of a summons.
It shall be 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. Nothing in this provision shall be construed to require an employer to provide annual, vacation, or sick leave to employees under the provisions of this statute who otherwise are not entitled to such benefits under company policies.
Employers must re-employ workers who participate in military reserve training or are called up for military duty.
In addition to the federal Uniformed Services Employment and Reemployment Rights Act (USERRA), Mississippi provides reemployment rights for returning military members. Members of the United States Armed Forces or persons in an active state duty (of Mississippi or any other state) must be permitted an unpaid leave for military duty or training. Upon release or discharge from military duty or training (other than under dishonorable conditions), military members must be reinstated to their positions or to similar positions with equal status, pay and seniority.
The federal Uniformed Services Employment and Reemployment Rights Act (USERRA) requires employers to allow employees to take leave from work for federal or state military service or duty. Employers in Mississippi must allow employees who are members or veterans of the military to take time off for training or military duty. Employees must be reinstated when their military leave is through.
An employer may not attempt to interfere with an employee’s jury service by threats or intimidation or otherwise subject the employee to adverse employment action as a result of jury service. Employees must notify their employers within a reasonable amount of time after receiving a summons for jury service. An employer may not require an employee to use annual, vacation, or sick leave for any time spent in connection with jury service.
Employees who are crime victims may take leave from work in order to: • Respond to a subpoena to testify in a criminal proceeding; or • Participate in the reasonable preparation of a criminal proceeding. Employees must be granted unpaid leave without the loss of employment, intimidation, or threat or fear of the loss of employment.
State employees are entitled to up to 30 days of paid leave in any twelve-month period. (§25-3-103).
