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πŸ’Ό Employment Preemption/Minimum Wage Preemption

Minimum Wage Preemption: Clinton vs Jackson

How do minimum wage preemption rules compare between Clinton, MS and Jackson, MS?

Jackson has fewer restrictions than Clinton.

Clinton, MS

Hinds County

Heavy Restrictions

Miss. Code Section 17-1-51 preempts Mississippi cities and counties from adopting local minimum wages, paid leave, or other employment-benefit mandates that exceed state or federal law.

View full Clinton rules β†’

Jackson, MS

Hinds County

Few Restrictions

Jackson cannot raise the minimum wage above the federal $7.25 per hour. Mississippi Code Β§17-1-51 expressly preempts city and county wage floors. Mississippi itself has no state minimum, so federal FLSA controls.

View full Jackson rules β†’

Key Facts Comparison

FactClintonJackson
--
Federal minimum wage-$7.25/hour
MS state minimum-none
Tipped minimum-$2.13/hour
Preemption statute-MS Β§17-1-51 (2013)
Local wage authority-none

Highlighted rows indicate differences between cities.

Clinton FAQ

Can Mississippi cities set a minimum wage above $7.25?

No. Section 17-1-51 preempts local minimum wage ordinances, leaving the federal FLSA rate as the operative floor for covered employers.

Does Mississippi have a state minimum wage?

Mississippi has not enacted its own minimum wage, so the federal Fair Labor Standards Act minimum of $7.25 per hour applies to covered employers.

Jackson FAQ

Could Jackson voters pass a $15 minimum by ballot?

No. Mississippi has no statewide municipal initiative, and Β§17-1-51 preempts any wage ordinance regardless of how enacted. Only the legislature can change this.

What if a Jackson employer pays under $7.25?

File a complaint with the U.S. Department of Labor Wage and Hour Division. Federal law allows recovery of unpaid wages plus liquidated damages and attorney fees.

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