A Mississippi employment contract defines the terms of employment. At a minimum, the agreement should detail the period of work, the job description, and the compensation the employee will receive.
In Mississippi, a contract is valid if it is based upon the idea that it involves the subject of the offer, acceptance of the parties, and consideration. Acceptance can be in writing or stated orally [1] .
- Laws: Mississippi Code Title 71.
- Definition of Employee: § 71-11-3(3)(b): “Any person or entity that is hired to perform work within the State of Mississippi and to whom a United States Internal Revenue Service Form W-2 or Form 1099 must be issued.”
By Type (4)
Independent Contractor Agreement
Establishes a business relationship between a contractor and a client.
Subcontractor Agreement
Outlines the relationship between two parties: a contractor and a subcontractor.
Employee Non-Compete Agreement
Protects the employer's trade secrets and other confidential information.
Employee Non-Disclosure Agreement
Defends against disclosure risks, ensuring secure data.
Hiring in Mississippi
Before you write your Mississippi employment contract, ensure you know the state labor laws and regulations, such as the minimum wage and payday requirements.
At-Will Employment
Mississippi is an at-will employment state. There are also exceptions to the at-will employment rules.
Exceptions
- Public Policy: Yes
- Implied-Contract: Yes
- Good-Faith Exception: No
Minimum Wage ($/hr)
In Mississippi, there is no state minimum wage law. Employers that are subject to the Fair Labor Standards Act must pay the current Federal minimum wage ($7.25 per hour) [2] .
Child Labor
Mississippi requires employment certificates for minors under 16 in mills, canneries, workshops, and factories [3] .
Age certification is not required in Mississippi.
Payday
Mississippi requires employers to pay employees at least once every two weeks or twice during each calendar month. This applies to entities engaged in manufacturing of any kind in Mississippi employing 50 or more employees and employing public labor and to every public service corporation doing business in the state.
Meal and Rest Breaks
Mississippi does not require minimum paid rest or meal periods.
Recordkeeping Requirements
Employers in Mississippi must keep employee records on wages, hours, and payroll for at least three years [4] and on:
- Unemployment insurance
- Safety & health/workers’ compensation
- Child labor
Sample
Below, you can download a Mississippi employment contract template in PDF or Word format.
