Nobody ever said running a business was easy. As an employer, you have many things to handle, and compliance is just one of them.
In addition to U.S. Federal regulations, each state has its own share of employment-related laws that business owners need to be aware of. Here, we’re highlighting some of these key state-specific requirements, and offering guidance to help you keep up.
Bear in mind that this list is not comprehensive, and there may be local or industry-specific employment requirements that your business needs to comply with. It’s best to consult with counsel to ensure compliance with all applicable laws, as Justworks does not provide legal advice.
Payroll Tax Accounts
Because Justworks reports state unemployment taxes on behalf of customers who utilize Justworks’ PEO services, Justworks may need to collect account information such as your account number and current rate. You can read more about it here: State Unemployment Insurance
Recruiting & Hiring Practices
E-Verify
Mississippi requires that all employers use E-Verify which allows participating employers to electronically verify the employment eligibility of their employees. E-Verify compares information from an employee’s Form I-9 to government records to confirm that the employee is authorized to work in the U.S.
State Regulation: Mississippi Employment Protection Act
Mineral*: Mississippi Employment Verification and New Hire Reporting
Independent Contractors
When deciding whether to classify workers as employees or independent contractors, there are a few things your business should consider, including the varying tests that apply under different federal and state employment laws, and the potential penalties and other liabilities for misclassifying employees as independent contractors.
You can read our general Help Center article on contractors, and view information on how to determine if someone is a contractor or employee in Mississippi in the relevant section at the links below.
Mississippi Department of Employment Security: Worker Classification
Mineral*: Mississippi Independent Contractors
Pay Requirements
Minimum Wage & Overtime
Mississippi does not have state-specific minimum wage requirements so employers must comply with federal minimum wage and overtime laws.
U.S. Department of Labor (DOL): State Minimum Wage Laws
Mineral*: Mississippi Minimum Wage & Overtime
Harassment & Discrimination
There is no state employment discrimination law in Mississippi, so employers must comply only with federal employment discrimination laws. However, Mississippi prohibits employers from requiring any employee or applicant abstain from off-duty tobacco use as a condition of employment. Employers can, nonetheless, enforce policies or laws regulating use of tobacco on the employer’s premises during working hours.
Mineral*: Mississippi Employment Discrimination and Accommodations
Separation
Final Pay & Document Requirements
Mississippi law does not specify when an employer must issue a separating employee’s final wages. It is recommended that final wages for separating employees be issued no later than the next regularly scheduled payday following the last day of employment to avoid possible unpaid wage claims under the Fair Labor Standards Act (FLSA).
Additionally, there is no general requirement that employers pay out unused vacation or paid time off under Mississippi law. Instead, employers should comply with the terms of their employment policies and contracts, which likely cover these issues. It is important to be clear in written policies and contracts as to whether unused vacation or paid time off will be paid out upon an employee’s separation. If an employer does not intend to pay out unused vacation or paid time off, they must ensure their policies say so.
Mineral*: Mississippi Separation
Business Closings and Layoffs
The Federal WARN Act imposes certain notice requirements and other obligations on covered businesses before conducting large-scale business closures, layoffs, or relocations. For more information, visit the links below.
U.S. Department of Labor: Worker Adjustment and Retraining Notification (WARN) Act Advisor
Mineral*: Mississippi Layoffs
Notes
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Disclaimer
This material has been prepared for informational purposes only, and is not intended to provide, and should not be relied on for legal or tax advice. If you have any legal or tax questions regarding this content or related issues, then you should consult with your professional legal or tax advisor.