Overview of Mississippi Employment Laws
Mississippi employment laws are a set of regulations established by the state’s government to determine the rights and duties of employers and employees in the workplace. These laws are essential to provide a clear framework for both parties, to ensure fair treatment, and to prevent disputes from arising over what is expected from each of them. Mississippi’s work laws cover many aspects of the employer/employee relationship, including wages, working time, termination, workplace safety, equal opportunity, and much more. The following is a closer look at some of the more common areas covered by Mississippi’s employment laws. For employees, Mississippi laws currently provide the freedom to select their own work hours and do not require employers to pay overtime for working more than 40 hours a week. However, if your employer selects your work hours for you and requires you to work overtime, the law does require that you be compensated at a rate of time and a half for anything over 40 hours you work in a given week. Mississippi also does not enforce mandatory vacation days or sick days for employers. If your employer decides to give you paid personal time off, that time can be accrued and carried forward from year to year, unless your employer has specified in writing that unused time will not roll over to the next year . Discriminatory practices against women and minorities are illegal in Mississippi and can result in severe legal consequences for employers. The law covers the hiring, firing, discipline, and compensation of all employees and also guarantees employees the right to form and join unions and other organized labor associations. Mississippi workers are also entitled to a safe working environment, and the law protects them from any systems or structural hazards in their working environments that might put their health at risk. Employers are not permitted to punish employees for complaining that their workplace is not safe. These are just some examples of how Mississippi employment laws work to benefit both employers and employees. Many other areas are also covered. As stated above, our simple guide to Mississippi employment laws is meant for informational purposes only. It does not contain any provisions or carve out any exceptions to the general provisions of Mississippi employment law. It is extremely important that you review your rights under the law with an experienced Mississippi employment lawyer for advice.
Mississippi Wage and Hour Law
Wage and hour laws in Mississippi are governed by both federal and state statutes. The federal standards are primarily laid out in the Fair Labor Standards Act (FLSA). According to the FLSA, as well as federal law, employers must pay at least minimum wage and overtime pay to all employees who qualify under the laws. What is a little murkier is whether this is also the case under Mississippi state law.
According to the Mississippi Department of Employment Security, the state has exempted itself from the FLSA requirements, and has therefore set up its own wage and hour laws that may differ from the federal government. In Mississippi, minimum wage is determined under the state’s Act Wages Law, with $7.25 per hour being the one minimum wage amount that has not changed as of late 2014. Overtime pay does not kick in after 40 hours like the federal standard, but instead, according to the MDES, begins when women work over 44 hours, and for men, over 46 hours.
However, it is still wise to assume that Mississippi will enforce the federal standard of a 40-hour overtime threshold in the event you do business with or send employees into areas that have a higher incidence of noncompliance with the laws.
In particular areas, such as state government and schools, there are additional workers’ rights laws in place. For example, the Mississippi Code Ann. 25-3-91 allows for the accumulation of sick leave for state government employees, so long as they do not go over the maximum of 90 days. Ten days of sick leave can be used per year, but unused leave left at the end of the year can carry over. State government employees who achieve a total of 30 years of service receive a bonus. School administrators and teachers also receive a number of benefits, including clemency on retired teachers’ licenses if brought up on criminal charges. Finally, Mississippi does not require any severance payments for employees who are terminated.
Employment Discrimination Laws in Mississippi
Protecting Employees’ Rights
In addition to state law, the federal Equal Employment Opportunity Commission ("EEOC") also enforces anti-discrimination laws. Pursuant to Title VII of the Civil Rights Act of 1964, it is unlawful for an employer to discriminate against employees or applicants on the basis of race, color, religion, sex, or national origin. See 42 U.S.C.A. §2000e-2(a), (m) (2018). Title VII and the following other federal statutes protect employees from discrimination in employment: The categories of discrimination prohibited under the federal laws are very similar to that prohibited under Mississippi employers.
The EEOC has district offices throughout the United States, including one located in Jackson, Mississippi. The procedures for filing a charge with the EEOC require that the charge be filed within 180 days of the discriminatory act. See 29 C.F.R. §1601.13 (2018). However, if the employee missed the 180-day filing deadline, he or she may still file a charge with the EEOC, as long as the discriminatory conduct occurred after the effective date of the relevant statute prohibiting workplace discrimination. In most cases, the 180-day deadline for filing a charge with the EEOC is extended to 300 days if state or local fair employment practices laws prohibit the same types of discrimination. See 29 C.F.R. §1601.13 (2018).
Worker’s Compensation Law
Mississippi workers’ compensation laws provide benefits to employees who get injured on the job. Covered benefits include medical, wage-loss, and/or death benefits if the employee sustains injuries or dies as a consequence of an accident arising out of and in the course and scope of his or her employment. The Mississippi workers’ compensation system is a no-fault administrative system: Employees are not required to prove negligence on the part of an employer in order to receive benefits. However, employees cannot sue an employer in civil court; instead, claims are brought administratively to the Mississippi Workers’ Compensation Commission for adjudication. The Commission’s decisions, however, can be appealed to the circuit court, and from there to the supreme court. Employers with a minimum of five employees are required by law to carry workers’ compensation insurance in Mississippi. Employers in the construction industry and those who regularly employ substantial numbers of employees near the Mississippi coast must also secure hurricane coverage (a.k.a. "hurricane reinsurance"). Uninsured employers can be sanctioned by the Mississippi Workers’ Compensation Commission and can even be sued by the injured employee. To claim workers’ compensation benefits in Mississippi, employees must notify the employer of the injury within 30 days of the date of accident or within a reasonable time under the circumstances. The Code requires that the employer respond within 14 days of the notice and begin paying benefits. If benefits are not paid, the injured employee can file a claim with the Commission. Despite employer’s obligations to pay benefits, any such payments made can be viewed as just that — payments. For example, an employer does not get credit for the extent of the payment in the event that the claim is contested. Once notified, the employer must provide medical treatment to the employee or enter into an agreement regarding medical treatment with in 10 days. There is a mediation program in place for medical treatment disputes, which is administered by the Commission. If the mediation program does not resolve the dispute, it will be scheduled for hearing before an administrative judge.
Mississippi Employee Leave Laws
Mississippi has no leave laws for private sector employees. The Mississippi Wage Payment Act provides that employees must be paid for any wages earned. Wage are paid when due, typically within each pay cycle, unless the employment agreement requires them sooner.
However, private employers in Mississippi with 50 or more employees are covered by the federal Family and Medical Leave Act (FMLA) and must provide eligible employees with up to 12 weeks of job protected unpaid leave during a rolling 12-month period for qualifying events.
Given the small number of employees required by federal and state law to provide leave benefits, in almost all instances employers are not required to provide their employees with leaves of absence, vacation, or paid time off.
One important leave however that all Mississippi employers must provide (at least as to employees covered under the FMLA), is 12 weeks of unpaid medical leave . The FMLA requires employers with 50 or more employees to provide up to 12 weeks of unpaid family and medical leave to qualifying employees during any preceding 12-month period. Employers however only have to comply with the FMLA if:
1. The employee is employed at a worksite where the employer has 50 or more employees at the worksite or within 75 miles of the worksite; or
2. The employer has 50 or more employees within 75 miles of an employee’s worksite.
The Employer must first employ the employee for at least 12 months without a break, and during that period employ them for at least 1,250 hours of service, in order for the employee to be eligible. The FMLA also applies to employers with fewer than 50 employees, if the employer is part of a joint-employer relationship with other entities to which the FMLA applies.
Right to Work and Union Security Laws in Mississippi
Mississippi is a right-to-work state, which comes fundamentally from federal labor relations law. Anti-union, right-to-work laws are primarily found in the Taft-Hartley Act, which amended the National Labor Relations Act and became effective in 1947. The purpose of these laws is to prohibit "union shops." A "union shop" is a place of business where employees can only work if they are members of a labor union. By contrast, under some state laws, unions may be able to force employees to join as a condition of employment. Common arguments against union shops are that it unfairly takes away the choice of individual employees, and that it forces dissenters into paying dues or taking part in what they consider illegal strikes.
National Labor Relations Board (NLRB) decisions, passed by Congress, have maintained the constitutionality of right-to-work laws. These decisions also maintain the fact that collective bargaining between employers and unions is a voluntary action, and does not have to take place at the behest of either party.
Enforcement and Compliance
State and federal agencies enforce Mississippi work laws through a variety of administrative and judicial procedures. Certain state entities have primary responsibility for enforcing specific labor laws. The Mississippi Department of Employment Security (MDES), for example, implements the state’s unemployment compensation program, including adjudicating claims and issuing Mississippi unemployment appeal tribunal decisions. The Mississippi Department of Labor (MDL) oversees specific laws, such as child labor laws in Mississippi, and the Mississippi Attorney General issues advisory opinions on issues that directly relate to wage and hour requirements.
Federal law also imposes requirements with which Mississippi employers must comply. The Equal Employment Opportunity Commission may promote, monitor and enforce anti-discrimination laws and the Occupational Safety and Health Administration oversees workplace safety laws. Potential liability for violations of federal labor laws will depend on the underlying statute’s specific provisions and argument that the employer should be held liable for its past conduct. In addition to private lawsuits by employees and former employees, government agencies can also bring enforcement actions against employers. These actions may result in the imposition of civil penalties on the employer or an injunction requiring compliance.
The statute of limitations for bringing a wage and hour claim is two years under the FLSA; however, the statute of limitations is three years for willful violations under the FLSA if the employer is found to have "knowingly" violated the law. The statute of limitations for most Mississippi employment contracts is three years. Claims for unpaid wages may be asserted at any time within 2 years after the claim is owed.
Updates and Changes
Section 1: "The Mississippi Employment Security Law" was amended in 2017 by adding a new subsection that allows Mississippi employers, as of July 1, 2017, to move for summary judgment in a proceeding to determine whether wilful misconduct or other disqualifying factors exist. Previously, Employers had to wait for the Administrative Judge to issue a decision and appeal the decision to the Board of Review. Mississippi Code Section 71-5-513(6) now allows the employer to seek summary judgment prior to trial on the basis that there are no genuine issues of material fact and the employer is entitled to judgment as a matter of law that the employee is ineligible for benefits.
Section 2: In 2018 the Mississippi Legislature amended Section 17-1-27 requiring a claimant to return any overpayment of unemployment benefits within 30 days of receiving a demand notice from MDES.
Section 3: The most recent changes to work laws in Mississippi are the new restrictions on covenants not to compete. In 2016, the Mississippi legislature enacted the Mississippi Non-Competition Agreement Act. The Act, which took effect on January 1, 2017, places restrictions on what types of non-compete agreements are permissible, and how they may be enforced . Under the Act, a non-compete agreement is enforceable only if the terms are found to be "closely tailored to where the work is actually performed under the agreement." This means that it is typically ineffective to prohibit competition with a former employer anywhere in the world, whereas a restriction on competition in a particular state – or even an entire region of the state – may be more likely to be upheld.
The Act also limits non-compete agreements to five years. Even though the law does not specify, the five-year time period is likely to be effective a person ceases employment. Some employers, however, have recently begun to include terms in their non-compete agreements stating that the restrictions remain in effect until all compensation, including bonuses, stock grants, or other long-term incentives, is paid. This practice makes it difficult, if not impossible, to know when an employee’s time with a company is truly over before middle management or executive-level employees, generally, can be reasonably expected to get stopped up in litigation with their former employers.
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