Minimum Wage Legislation in Mississippi

1. What is the current minimum wage in Mississippi and how does it compare to federal minimum wage?

The current minimum wage in Mississippi is $7.25 per hour, which is the same as the federal minimum wage.

2. Is there a separate minimum wage for tipped employees in Mississippi?
Yes, there is a separate minimum wage for tipped employees in Mississippi. The minimum wage for tipped employees is $2.13 per hour. However, if the employee’s tips combined with their hourly wage do not equal the regular minimum wage of $7.25 per hour, the employer is required to make up the difference.

3. Are employers required to pay overtime in Mississippi?
Yes, employers are required to pay overtime in Mississippi at a rate of 1.5 times the employee’s regular rate of pay for all hours worked over 40 in a workweek.

4. Do any cities or counties in Mississippi have a higher minimum wage than the state?
No, currently no cities or counties in Mississippi have a higher minimum wage than the state’s minimum wage of $7.25 per hour.

5.Are there any exemptions to the minimum wage and/or overtime laws in Mississippi?
Yes, there are exemptions to both the minimum wage and overtime laws in Mississippi.
– Certain employees who are employed on a farm may be exempt from both minimum wage and overtime requirements.
– Domestic service employees who live on the employer’s premises may be exempt from both minimum age and overtime requirements.
– Executive, administrative, professional, and outside sales employees may be exempt from overtime but still must be paid at least twice the state’s current minimum hourly rate.
– Some seasonal recreational establishments may also be exempt from both minimum age and overtime requirements during certain periods of time.
It is important for employers to review all specific exemptions listed under both federal and state laws to ensure compliance with all applicable regulations.

2. Has there been any recent legislation proposed to increase the minimum wage in Mississippi?

As of late 2021, there have been no bills or proposals introduced in the legislature to increase the minimum wage in Mississippi. The state’s minimum wage is currently set at the federal minimum of $7.25 per hour and has not been raised since 2009.

Some advocacy groups and politicians in Mississippi have called for an increase to the state’s minimum wage in recent years, but these efforts have not gained significant traction or support from state lawmakers.

3. Are there any current efforts or campaigns to raise the minimum wage in Mississippi?
Yes, there are ongoing efforts and campaigns to raise the minimum wage in Mississippi by various organizations and advocacy groups.

For example, “Raise Up Mississippi” is a coalition of labor unions, faith-based organizations, and community leaders that has been advocating for a statewide ballot initiative to raise the minimum wage to $9 per hour with annual increases until it reaches $15 per hour by 2024. However, their efforts were put on hold due to challenges posed by COVID-19.

Additionally, organizations such as One Voice and Fight for 15 have also been advocating for a higher minimum wage for workers in Mississippi.

4. What is the likelihood of an increase in the minimum wage being passed in Mississippi?
Currently, it is unlikely that an increase in the minimum wage will be passed in Mississippi. The state has a Republican-controlled legislature that has historically opposed raising the minimum wage.

In addition, there is no indication that Governor Tate Reeves supports increasing the minimum wage, making it difficult for any potential legislation to pass.

However, as seen with recent ballot initiatives passed in other states like Florida and Arizona, if enough public support and pressure can be generated towards increasing the minimum wage in Mississippi, it may still have a chance of passing through voter approval.

3. Are there any exemptions or exceptions to the minimum wage law in Mississippi?


Yes, there are exemptions and exceptions to the minimum wage law in Mississippi. They include:

1. Employees under the age of 20 may be paid a youth minimum wage of $4.25 per hour for the first 90 days of employment.

2. Tipped employees may be paid a lower direct cash wage of at least $2.13 per hour, as long as their tips bring them up to the full minimum wage.

3. Full-time students employed by non-profit organizations, such as schools or hospitals, may be exempt from the minimum wage requirement.

4. Certain agricultural employees may be paid a lower piece-rate wage based on the regional average harvest rate.

5. Independent contractors or volunteers are also exempt from the minimum wage requirement.

6. Seasonal recreational or amusement employees who work less than four months per year are also exempt from the minimum wage requirement.

7. Exemptions also apply to certain types of jobs that are governed by federal law instead of state law, such as railway workers or employees covered by the Fair Labor Standards Act.

It is important to note that these exemptions and exceptions may vary depending on individual circumstances and should always be verified with your employer or state labor department.

4. How often does the minimum wage in Mississippi get reviewed and potentially adjusted?


The minimum wage in Mississippi is not automatically reviewed or adjusted on a regular schedule. The state legislature can choose to review and potentially adjust the minimum wage at any time they see fit. However, there have been no increases to the minimum wage in Mississippi since 2009.

5. Is there a difference in minimum wage for different industries or job types within Mississippi?


No, the state of Mississippi has a single statewide minimum wage of $7.25 per hour, regardless of industry or job type. However, some cities within the state may have their own higher minimum wage rates.

6. Have there been any significant changes to the minimum wage laws in Mississippi over the past decade?


As of 2021, there have not been any significant changes to the minimum wage laws in Mississippi over the past decade. The state’s minimum wage has remained at $7.25 per hour since 2009 and there have been no legislative efforts to raise it. The federal minimum wage also remains at $7.25 per hour, as it has since 2009, and is the effective minimum wage in Mississippi due to the state’s lack of its own minimum wage laws.

7. How does Mississippi’s minimum wage compare to neighboring states?


Mississippi’s minimum wage is currently $7.25 per hour, which is the same as the federal minimum wage.
In comparison to neighboring states, Mississippi’s minimum wage is lower than Arkansas ($9.25), Louisiana (no state minimum wage, follows federal), and Tennessee ($7.25). However, it is higher than Alabama ($7.25), and Florida (current state minimum wage of $8.46 will gradually increase to $15 by 2026).

8. Is it legal for employers in Mississippi to pay less than minimum wage, such as through tip credits or youth wages?


There are certain circumstances in which employers in Mississippi may pay less than minimum wage. These include using tip credits, which allow employers to pay employees who regularly receive tips a lower direct wage as long as their total earnings (including tips) meet or exceed the state’s minimum wage for tipped employees, and youth wages, which allow employers to pay workers under the age of 20 a lower wage for a limited period of time, usually during their first 90 days on the job.

However, the overall minimum wage in Mississippi is still higher than the federal minimum wage of $7.25 per hour. The current statewide minimum wage in Mississippi is $7.25 per hour for non-tipped employees and $2.13 per hour for tipped employees after tip credits are applied.

It is important for employers to ensure that they are following all applicable state and federal laws regarding minimum wage and properly calculating wages for tipped employees and youth workers. Employers should also be aware that some cities and counties in Mississippi may have their own local minimum wage requirements that must be followed.

Overall, while there are certain exceptions to the standard minimum wage rate in Mississippi, it is generally not legal for employers to pay less than the required minimum wage without any valid justification or authorization.

9. Are small businesses exempt from paying the state minimum wage in Mississippi?


No, small businesses are not exempt from paying the state minimum wage in Mississippi. All employers, regardless of their size, are required to pay their employees at least the state minimum wage.

10. What is considered a livable or fair wage according to cost of living in Mississippi?

According to data from the MIT Living Wage Calculator, the livable wage in Mississippi for a single adult is $11.37 per hour, or $23,673 per year (based on working 40 hours per week). This amount takes into account basic needs such as housing, food, transportation, healthcare, and taxes.

For a family with two adults and two children, the livable wage increases to $25.68 per hour, or $106,611 per year (based on both parents working 40 hours per week each).

However, it is important to note that this number can vary depending on individual circumstances and specific location within the state. The cost of living can also differ greatly between urban and rural areas in Mississippi.

11. Does Mississippi have a plan for gradually increasing the minimum wage towards a certain target amount?

No, Mississippi does not have a plan for gradually increasing the minimum wage towards a specific target amount. The state’s minimum wage is currently set at the federal minimum wage of $7.25 per hour and there are no plans to increase it in the near future. In fact, lawmakers in Mississippi have rejected attempts to raise the minimum wage in recent years.

12. Are there any debates or controversies surrounding the current minimum wage laws in Mississippi?


Yes, there are several debates and controversies surrounding the current minimum wage laws in Mississippi. Some of these include:

1) The low minimum wage: The current minimum wage in Mississippi is $7.25 per hour, which is lower than the federal minimum wage and one of the lowest in the country. This has been a subject of debate as many argue that it is not a livable wage and does not cover the cost of basic necessities.

2) Tipped workers’ wages: In Mississippi, tipped workers, such as servers and bartenders, can earn a lower minimum wage of $2.13 per hour with tips making up the difference. There have been debates on whether this practice should be continued or if tipped workers should also be entitled to the full minimum wage.

3) Raising the minimum wage: There have been ongoing discussions about raising the minimum wage in Mississippi to keep up with inflation and improve standards of living for low-wage earners. However, there are concerns from businesses that increasing minimum wages may lead to job cuts and impact their bottom line.

4) State vs federal law: While Mississippi follows the federal minimum wage, some states have passed laws to set their own higher minimum wages. This has sparked debates about whether states should have control over setting their own minimum wages or if it should be a federally mandated rate.

5) Impact on small businesses: Some business owners in Mississippi argue that increasing the minimum wage will put a strain on their business operations, especially small businesses that may not have enough resources to cover higher labor costs.

6) Economic impact: Supporters of raising the minimum wage argue that it would stimulate economic growth by putting more money into workers’ pockets, while opponents warn that it could result in higher prices for goods and services.

7) Cost of living differences: Critics also point out that the cost of living varies across different parts of Mississippi, and a statewide fixed minimum wage may not accurately reflect local cost of living expenses in different regions.

13. Do employees who receive tips have a separate, lower minimum wage requirement in Mississippi?

Yes, employees who receive tips have a separate minimum wage requirement in Mississippi. The minimum wage for employees who receive tips is $2.13 per hour, as long as the employee’s tips and base wage equal at least the full state minimum wage of $7.25 per hour. If the employee’s tips do not bring them up to the full state minimum wage, the employer must make up the difference.

14. Are non-profit organizations exempt from paying their employees at least state minimum wage in Mississippi?

No, non-profit organizations in Mississippi are required to pay their employees at least the state minimum wage. However, there are certain exceptions that may apply, such as volunteers or employees with disabilities. It is important for non-profit organizations to comply with all federal and state labor laws, including minimum wage laws.

15. What are the consequences for employers who violate the state’s minimum wage laws in Mississippi?


Employers who violate the state’s minimum wage laws in Mississippi may face various consequences, including:

1. Fines and penalties: Employers may be subject to fines and penalties imposed by the state labor department for violating minimum wage laws. The fines may vary depending on the severity of the violation and the number of employees affected.

2. Lawsuits: Employees have the right to file a lawsuit against their employer for not paying them at least the minimum wage required by law. If found guilty, employers may be ordered to pay back wages, damages, and attorney fees.

3. Civil or criminal charges: In serious cases where employers willfully violate minimum wage laws, they may face civil or criminal charges. This can result in even higher fines and possible jail time for the employer.

4. Loss of business license: In some cases, a business that violates minimum wage laws may have their business license suspended or revoked. This means that they would not be able to legally operate their business until the issue is resolved.

5. Negative publicity: Violating minimum wage laws can harm an employer’s reputation and lead to negative publicity, which can also negatively affect their business and brand image.

6. Paying back taxes and interest: Employers who fail to pay employees at least the state-mandated minimum wage may be required to pay back taxes plus interest on unpaid wages.

7. Increased scrutiny from labor agencies: Employers who violate minimum wage laws may face increased scrutiny from state labor departments and other labor agencies, making it more difficult for them to run their business without facing further penalties or legal action.

Overall, it is important for employers to comply with state minimum wage laws in order to avoid these consequences and maintain a positive relationship with their employees.

16. How does overtime pay affect employees who are paid at or near the state’s minimum wage level in Mississippi?


Employees who are paid at or near the state’s minimum wage level in Mississippi may see a significant increase in their wages due to overtime pay. The current minimum wage in Mississippi is $7.25 per hour, and the federal law requires employers to pay eligible employees one and a half times their regular hourly rate for hours worked over 40 in a workweek.

For example, if an employee is paid at the minimum wage rate and works 50 hours in a week, they would receive their regular pay of $362.50 (50 hours x $7.25). In addition, they would also receive an additional $108.75 for the 10 hours of overtime worked (10 hours x $7.25 x 1.5). This brings their total pay for the week to $471.25.

Overall, overtime pay can provide a significant boost to an employee’s earnings if they are paid at or near the state’s minimum wage level in Mississippi. However, it is important for employers to ensure that they are properly calculating and paying employees who are eligible for overtime according to state and federal laws.

17. Are there any specific industries or job types that are exempt from following state-level minimum wage laws in Mississippi?


No, all industries and job types are required to follow state-level minimum wage laws in Mississippi. However, there may be some exceptions for certain types of workers such as independent contractors or tipped employees. It is best to consult with the Mississippi Department of Employment Security or an employment lawyer for specific exemptions.

18. If an employee works remotely for a company based outside of Mississippi, do they still receive at least state-mandated minimum wage?


Yes, employees who work remotely for a company based outside of Mississippi are still entitled to receive at least the state-mandated minimum wage. However, if the employee lives in a state with a higher minimum wage than Mississippi, they would be entitled to receive the higher wage.

19. Are there any age restrictions for employees earning the minimum wage in Mississippi?

Yes, employees earning the minimum wage in Mississippi must be at least 18 years old. However, there are some exceptions for employees under 18 years old who are exempt from the minimum wage requirement, such as student learners and apprentices.

20. In what ways does Mississippi enforce compliance with their minimum wage laws?


Mississippi enforces compliance with their minimum wage laws through the following ways:

1. Investigation and Enforcement: The Mississippi Department of Employment Security’s Labor Standards Division investigates any complaints or violations related to minimum wage laws. They also conduct routine investigations to ensure employers are complying with the law.

2. Penalties and Fines: Employers found to be in violation of minimum wage laws can face penalties and fines. These can range from monetary fines to criminal charges, depending on the severity of the violation.

3. Civil Lawsuits: Employees who believe their employer is not paying them the appropriate minimum wage can also file a civil lawsuit for damages and lost wages.

4. Public Awareness Campaigns: The state government conducts public awareness campaigns to educate employers and employees about their rights and responsibilities under the minimum wage laws.

5. Employer Education Sessions: The Department of Employment Security holds free educational sessions for employers to inform them about their obligations under state and federal minimum wage laws.

6. On-Site Visits: Inspectors from the Mississippi Department of Employment Security may make surprise visits to businesses to verify compliance with minimum wage laws.

7. Employee Hotline: Employees can call a hotline provided by the Department of Employment Security if they suspect their employer is not paying them appropriately.

8. Collaboration with Other Agencies: The Department of Employment Security collaborates with other agencies, such as the US Department of Labor, to enforce compliance with federal minimum wage laws as well.

9. Mandatory Postings: Employers are required to post notices about state and federal minimum wage laws in a visible location in the workplace for employees to see.

10. Regular Updates and Changes: The Mississippi Department of Employment Security regularly updates its guidelines and policies related to minimum wage laws, ensuring that employers stay informed about any changes that may affect them.