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Mississippi minimum wage

Mississippi Minimum Wage — No State Statute, Federal FLSA Applies

Mississippi has no state minimum wage statute. The federal Fair Labor Standards Act (FLSA) minimum of $7.25 per hour applies to covered employers in Mississippi. The Mississippi Department of Employment Security (MDES) explicitly confirms this and directs all wage questions to the U.S. Department of Labor.

Mississippi has no state minimum wage statute; the federal FLSA minimum of $7.25 per hour applies to covered employers in Mississippi under 29 U.S.C. § 206.Mississippi Department of Employment Security — Job Seeker FAQs (mdes.ms.gov)

Why Mississippi has no state minimum wage

Mississippi is one of only a handful of states with no state minimum wage statute in effect. A review of Mississippi Code Title 71 (Labor and Industry), available via the Mississippi Legislature's official code, confirms that no minimum wage chapter exists in the entire title. Multiple legislative proposals — including HB 108, HB 524, HB 526, and SB 2277 — have been introduced in recent sessions but have not become law.

Because no state law exists, the applicable wage floor for covered employers is set entirely by the federal Fair Labor Standards Act: $7.25 per hour (29 U.S.C. § 206), unchanged since July 24, 2009. This rate applies to all FLSA-covered employers in Mississippi — enterprises with annual gross sales above $500,000, hospitals, schools, and government agencies, among others. Employers below the FLSA coverage threshold have no state or federal minimum wage floor beyond voluntary agreement.

The MDES source confirmation

The Mississippi Department of Employment Security (MDES) FAQ at mdes.ms.gov explicitly states: "What is minimum wage? The federal minimum wage is $7.25 per hour. There are a few exceptions, however." The FAQ then directs all labor wage and overtime questions to the U.S. Department of Labor — confirming that no state enforcement mechanism exists.

What this does not determine

Where Mississippi workers file wage complaints

Because Mississippi has no state wage law, workers must direct minimum wage complaints to the U.S. Department of Labor Wage and Hour Division at dol.gov/whd. The MDES does not enforce minimum wage — it explicitly defers to the U.S. DOL for all wage and hour matters.

Mississippi's statute (its absence)

The applicable statute is 29 U.S.C. § 206 (FLSA minimum wage, federal law). Mississippi's own code — Mississippi Code Title 71 — contains no minimum wage chapter. This is not a drafting gap; no minimum wage law has been enacted in Mississippi. Asserting a state-set minimum wage for Mississippi would be legally incorrect.

Mississippi vs. neighboring Arkansas

Neighboring Arkansas has its own state minimum wage of $11.00 per hour under the Arkansas Minimum Wage Act (Arkansas Code § 11-4-211), applying to employers with 4 or more employees — a rate $3.75/hr above the federal floor. Neighboring Tennessee also has no state minimum wage, making Mississippi and Tennessee pure-FLSA pass-through states while Arkansas sits measurably higher. The contrast is relevant for workers and employers near state borders.

Sources and verification

The absence of a Mississippi state minimum wage statute was confirmed by reviewing Mississippi Code Title 71 (Labor and Industry) and the MDES Job Seeker FAQ page at mdes.ms.gov — a Mississippi state agency that explicitly directs wage questions to the U.S. DOL. The federal FLSA rate ($7.25/hr, effective July 24, 2009) is confirmed from 29 U.S.C. § 206. See the site's methodology for how the absence of a statute is verified, which requires a positive citation rather than a silent omission.

Common questions

Does Mississippi have its own minimum wage law?

No. Mississippi has no state minimum wage statute. Mississippi Code Title 71 (Labor and Industry) contains no minimum wage chapter. The federal FLSA minimum of $7.25 per hour (29 U.S.C. § 206) applies to covered employers in Mississippi, as confirmed by the Mississippi Department of Employment Security (mdes.ms.gov) FAQ.

Has Mississippi ever had a state minimum wage?

No state minimum wage statute has ever been enacted in Mississippi. Multiple legislative proposals in recent sessions (HB 108, HB 524, HB 526, SB 2277) have been introduced but not passed. Mississippi remains one of only a few states with no historical minimum wage statute of its own.

What happens if a Mississippi employer pays less than $7.25/hr?

For FLSA-covered employers, paying below $7.25/hr violates federal law (29 U.S.C. § 206). Workers may file a complaint with the U.S. Department of Labor Wage and Hour Division (dol.gov/whd). The FLSA allows employees to recover back wages, liquidated damages equal to back wages owed, and attorney's fees. Mississippi has no parallel state enforcement mechanism.

How is Mississippi's situation different from neighboring states?

Neighboring Arkansas has a $11.00/hr state minimum wage under the Arkansas Minimum Wage Act (Arkansas Code § 11-4-211). Neighboring Tennessee has no state minimum wage statute — like Mississippi. Alabama also has no state wage law. Mississippi, Tennessee, and Alabama are the Gulf/Deep South cluster of pure-FLSA states, in contrast to Arkansas's independently legislated floor.

Where do Mississippi workers file a wage complaint?

Mississippi workers who believe they have been paid below the federal minimum wage must contact the U.S. Department of Labor Wage and Hour Division at dol.gov/whd. The MDES does not handle minimum wage enforcement. FLSA complaints may be filed online, by phone (1-866-487-9243), or at a local WHD office.