Mississippi Employee Rights: Protecting Workers in the Magnolia State
Mississippi is known for its rich history, southern hospitality and great food. While the Magnolia State may be famous for its traditions and customs, not many people are aware of the vast laws and regulations that protect workers in the state. Mississippi employee rights provide guidelines and rules that ensure fair treatment of employees in the workplace. This article provides an overview of the state’s employment laws and regulations, examining workers rights such as wages, discrimination, unions, and much more.
Minimum Wage and Overtime
The Fair Labor Standards Act, or FLSA, is the federal law that dictates the minimum wage and overtime rules for employees. In most cases, employees are entitled to a minimum wage of $7.25 per hour, which is the same as the federal minimum wage. However, Mississippi’s state law allows employers to pay less than the federal minimum, if the tipped employee earns a certain amount in tips. Non-tipped workers, on the other hand, are entitled to a minimum wage of $5.15 per hour.
Mississippi’s overtime laws are also dictated by the FLSA. Employees who work more than 40 hours in a workweek must receive overtime pay at a rate of time-and-a-half. If an employer does not pay overtime, the employee can file a complaint with the US Department of Labor.
Discrimination and Harassment
State and federal laws protect employees against discrimination and harassment in the workplace. Discrimination occurs when an employee is treated differently on the basis of race, sex, age, religion, national origin, or disability. Sexual harassment is one form of harassment that is often seen in the workplace. Sexual harassment consists of unwanted sexual advances, comments, or conduct that creates a hostile or offensive work environment.
In Mississippi, it is illegal for an employer to discriminate against an employee based on the aforementioned characteristics. If an employee feels they have been discriminated against, they have the right to file a complaint with the Equal Employment Opportunity Commission, or EEOC. Complaints should be filed within 180 days after the incident occurred.
Job Security and Termination
In Mississippi, an employee is considered an at-will employee, which means that they can be fired for any reason, as long as it is not an illegal reason. Illegal reasons for termination include discrimination based on race, sex, age, religion, national origin, and disability. Employers also cannot terminate an employee for filing a complaint of discrimination or harassment.
Employers are also prohibited from retaliating against employees who report misconduct or illegal activities. This is known as whistleblower protection. Employees who report such activities, either to their employer or to an outside agency, cannot be punished or fired by their employer.
Workers’ Compensation
Workers’ compensation is a form of insurance that provides benefits to employees who are injured on the job. In Mississippi, employers with five or more employees are required to have workers’ compensation insurance. The insurance provides medical benefits and wage replacement if an employee is unable to work because of an injury.
If an employee is injured on the job, they need to report the incident to their employer as soon as possible. The employer is then responsible for filing a claim with their workers’ compensation insurance carrier. If an employee has trouble receiving benefits, they can file a complaint with the Mississippi Workers’ Compensation Commission, or MWCC.
Unions and Collective Bargaining
Mississippi is classified as a right-to-work state, which means that employees cannot be required to join a union as a condition of their employment. While unions exist in Mississippi, there are no laws that require employers to negotiate with a union if employees choose to bargain collectively. However, employers cannot retaliate against employees who choose to join a union.
Family and Medical Leave
The Family and Medical Leave Act, or FMLA, is a federal law that provides eligible employees with up to 12 weeks of unpaid leave for certain family and medical reasons. Employees may take leave to care for a newborn child, to care for a family member with a serious health condition, or to recover from a serious health condition.
In Mississippi, employers are required to provide job-protected leave for employees who need to take time off for a medical condition or to care for a family member with a serious medical condition. The law applies to employers with 50 or more employees.
Employment Discrimination Based on Sexual Orientation
Federal laws do not explicitly prohibit employment discrimination based on sexual orientation or gender identity. However, several states, including Mississippi, have passed laws that provide such protections. In Mississippi, sexual orientation is not explicitly protected under state law. However, several cities in the state, including Tupelo, Oxford, and Magnolia, have passed ordinances that prohibit employment discrimination based on sexual orientation.
Conclusion
Mississippi employee rights are designed to protect workers in the workplace. While certain laws such as at will employment and the minimum wage can sometimes be restrictive for employees, other laws such as those that protect workers from discrimination, harassment, and retaliation, as well as those that provide for worker’s compensation and family leave, provide much needed support to employees. It is important for all employees in Mississippi to be aware of their rights in the workplace. If an employer violates employee rights, employees should report such activities to the appropriate authorities or talk to an attorney for legal assistance.
Quick Guide to Mississippi Employee Rights
Mississippi Employee Rights
One of the greatest public resources for Mississippi employee rights involving various employee rights in minimum wage, fair pay and equal pay, the hiring process, safety standards, and more is in fact the annotated statutes. The Department of Labor is also a great resource for multiple Mississippi employee rights. Both federal and state laws will be discussed within this article.
Mississippi Employee Rights in the Hiring Process
There are multiple federal laws and state laws that protect an applicant during the hiring process and most of these laws protect the applicant against discrimination, unlawful drug testing, and access to personal files.
Chapter 7 of the annotated code directly addresses Mississippi employee rights during drug testing, as well as the confidentiality of results as discussed in section 71-7-15. Section 71-11-3 discusses steps employers must take in registering for the state’s verification system in order to verify the eligibility of employees based on permanent or temporary citizenship.
Mississippi employee rights within the hiring process are controlled by the following federal laws and more:
• Title VII of the Civil Rights Act of 1964 (which protects Mississippi employee rights dealing with race, color, religion, sex, or national origin, and more)
• Age Discrimination Act of 1963 (which protects workers’ rights who are 40 years or older)
• Title I and Title V of the Americans with Disabilities Act of 1990 and Sections 501 and 505 of the Rehabilitation Act of 1973 (which protects a disabled person’s rights in federal, state, and local sectors)
• Title II of the Genetic Information Nondiscrimination Act of 2008 (which prohibits discrimination based on genetic information about the employee)
Fair Pay and Equal Pay
There are also Mississippi employee rights that cover various employee rights in minimum wage and fair pay and equal pay. Some of these rights are listed below:
The Fair Pay and Equal Pay Acts
These acts prohibit sex-based discrimination within the same job. The Fair Pay and Equal Pay Acts also prohibit an employer from paying employees of equal experience and skill different wages based on sex or any categories under discrimination laws.
Various Employee Rights with Minimum Wage
The current minimum wage in Mississippi is $7.25. Various employee rights in minimum wage laws allow the employee to negotiate their wage or make a claim against unfair wages, and employees receiving minimum wage operate under the same overtime rules as people with higher pay rates. Refer to the article on this website titled, “Quick Guide to Mississippi Minimum Wage” for more information on various employee rights in minimum wage laws.
If you believe your Mississippi employee rights have been violated, including various employee rights in minimum wage, fair pay and equal pay, the hiring process, or any other aspect of the workplace, you should never be afraid to receive proper compensation from the employer. Your Mississippi employee rights under the hiring process, various employee rights under minimum wage laws, fair pay and equal pay, and others are protected under whistleblower laws if you decide to bring suit against an employer.
