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Mississippi Statewide Rule

Mississippi Local Minimum Wage Preemption Statute

Heavy RestrictionsApplies statewide across Mississippi (2026)

Key Facts

Requirement
Codified at Miss. Code 17-1-51
Minimum Wage
Bars local minimum wage rules
Requirement
Federal FLSA $7.25 floor applies
Benefit Mandates
Includes leave and benefit mandates
Requirement
Reaches all political subdivisions
Last verified: September 5, 2026Source: Justia Law

Summary

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.

(1) No county, board of supervisors of a county, municipality or governing authority of a municipality is authorized to establish a mandatory, minimum living wage rate, minimum number of vacation or sick days, whether paid or unpaid, that would regulate how a private employer pays its employees. Each county, board of supervisors of a county, municipality or governing authority of a municipality shall be prohibited from establishing a mandatory, minimum living wage rate, minimum number of vacation or sick days, whether paid or unpaid, that would regulate how a private employer pays its employees.

Source: Justia LawView official code

Full Breakdown

Mississippi reserves wage and employment benefit policy to the state and federal governments under Miss. Code Section 17-1-51. The statute prohibits political subdivisions from establishing a minimum wage, requiring paid or unpaid leave, mandating fringe benefits, or otherwise regulating compensation that exceeds state or federal requirements. Because Mississippi has no state minimum wage law, the federal Fair Labor Standards Act minimum of $7.25 governs covered employers statewide. Cities considering living wage or local minimum wage measures lack authority to enforce them. The statute also bars local ordinances regulating hours of work, scheduling, or other employment terms beyond federal standards.

Violations & Penalties

Any local minimum wage or benefit ordinance is void; employers may decline to comply, and the state may seek to enjoin enforcement.

Frequently Asked Questions

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.

Sources

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