Overview of Mississippi Labor and Employment Laws

Equal Employment

Mississippi has no state human rights agency or comprehensive civil rights law.  MS law does prohibit discrimination based on military service.

Handbooks

An employer’s unilaterally promulgated policies that are sufficiently specific may be treated as contractually binding unless the employer includes a disclaimer stating that the policies do not create contractual rights.

Restrictive Covenants

In Mississippi, restrictive covenants not to compete, executed between an employer and employee, are not favored in the law. However, restrictive covenants that are reasonable in geographic scope and duration have been upheld and enforced in Mississippi courts. In determining whether to enforce such covenants, Mississippi courts examine:  (1) the rights of the employer, (2) the rights of the employee, and (3) the rights of the public. It is the employer who has the burden of proving the reasonableness of the covenant including the reasonableness of the geographic scope and duration restrictions.

Retaliation

Mississippi provides a right of action to recover damages to those who have been reporting or refusing to participate in an employee’s illegal acts and for exercising a protected right (i.e. jury service).

Safety and Health

Federal OSHA has jurisdiction over Mississippi; there is no state safety and health plan.

Audiotaping

Mississippi is a one party, audiotaping state. Taping is lawful as long as at least one party to the conversation is aware that the conversation is being taped.

Unemployment

           

Unemployment benefits are not available to employees on strike, to employees discharged for misconduct, or to employees who voluntarily quit without good cause. An employer dissatisfied with the compensation award of the Mississippi Department of Employment Security (“MDES”) claims examiner has the right to appeal the award to an appeal referee. After the appeals referee renders a decision, the employer may seek review by the Board of Review. Further appeals may be made to the circuit court and then to the Mississippi Supreme Court.

Unions

Mississippi is a right to work state and state law provides that no employee may be required, as a condition of employment, to become or remain a member of a union or to pay any type of fee to a union.

Wage and Hour

Mississippi has no state family and medical leave law and no relevant state wage and hour law other than that governing child labor. There is no state equivalent to the Worker Adjustment Retraining Notification Act (“WARN”) requirements before a plant closing or mass layoff.

Worker’s Compensation

An employer is covered by the worker’s compensation statute if the employer has five or more employees. Mississippi has a Workers Compensation Commission. Claims are first heard by an administrative law judge and then may be appealed to the full commission. The commission’s decision may then be appealed to the circuit court. The maximum benefit for any injury is two-thirds of the state average weekly wage multiplied by 450 weeks. Employers of five or more employees which are obligated to provide for worker’s compensation may satisfy this obligation either by purchasing insurance or qualifying as a self-insurer. Making a false worker’s compensation claim is a felony.