Mississippi does not have its own state minimum wage law. Because the state sets no separate floor, the wage that applies to most Mississippi workers is the federal minimum wage of $7.25 per hour under the Fair Labor Standards Act (FLSA). This has been the controlling rate in Mississippi since the federal minimum last rose to $7.25 on July 24, 2009, and it remains the figure that applies as of 2026. Mississippi is one of a small group of states with no minimum wage statute of its own, which means there is no state-law rate that is higher than the federal number, and no automatic state increases or inflation indexing to track.
The practical takeaway is simple: if you are a covered, non-exempt employee in Mississippi, your employer must pay you at least $7.25 for every hour worked, with overtime at one and one-half times your regular rate for hours over 40 in a workweek. Mississippi adds nothing on top of these federal rules, and it does not subtract from them either.
Why the federal rate governs in Mississippi
Most states pass their own minimum wage statutes. When a state rate is higher than the federal rate, employees are entitled to the higher of the two. Mississippi has never enacted a general minimum wage law, so there is no "Mississippi rate" to compare. Instead, the FLSA, enforced by the U.S. Department of Labor's Wage and Hour Division, supplies the standard for employees and employers that the FLSA covers.
FLSA coverage is broad. It reaches employees of enterprises with at least $500,000 in annual gross sales, and it also reaches individual employees who engage in interstate commerce or the production of goods for commerce, which the Department of Labor interprets expansively (for example, regularly handling goods that have moved across state lines, making out-of-state calls, or processing credit card transactions). As a result, the great majority of Mississippi workers are covered by the $7.25 federal floor even without a state law.
Tipped employees: the cash wage and tip credit
Because Mississippi has no state wage law, tipped workers in the state are governed by the FLSA's tip-credit rules rather than a more generous state standard. Under federal law, an employer may pay a tipped employee a cash wage as low as $2.13 per hour and take a tip credit of up to $5.12 per hour, provided the cash wage plus tips actually received add up to at least the full $7.25 minimum wage for every hour worked.
Cash wage: $2.13 per hour minimum direct wage.
Maximum tip credit: $5.12 per hour ($7.25 minus $2.13).
The guarantee: If a worker's tips plus the $2.13 cash wage do not reach $7.25 in a given workweek, the employer must make up the difference so the employee nets at least $7.25 per hour.
A "tipped employee" under federal law is one who customarily and regularly receives more than $30 a month in tips. Employers must inform tipped employees of the tip-credit provisions before taking the credit, and tips are the property of the employee. Federal rules restrict tip pooling: an employer, manager, or supervisor may not keep any portion of employees' tips. If an employer fails to meet these conditions, it loses the tip credit and owes the full $7.25 cash wage.
No scheduled increases or inflation indexing
Some states tie their minimum wage to inflation or to a legislated schedule of step increases. Mississippi does neither, because it has no minimum wage statute to index. The rate in Mississippi changes only when Congress raises the federal minimum wage. There is no built-in cost-of-living adjustment at the state level, and no future state increase is on the calendar. Workers and employers should therefore watch for changes to the federal FLSA rate rather than a state schedule.
Local minimum wages are preempted
Mississippi law specifically bars cities and counties from setting their own minimum wage. Under the state's preemption statute, local governments may not establish a mandatory minimum wage rate, require employers to provide particular employee benefits, or otherwise regulate wage levels beyond what state and federal law require. This means there are no city or county minimum wages in Mississippi that exceed $7.25 - places like Jackson, Gulfport, Hattiesburg, or Biloxi cannot legally enact a higher local floor. Wherever you work in the state, the federal $7.25 governs unless a future federal change raises it.
Exceptions and special wage categories
Several FLSA exceptions can lower or alter the wage that applies to particular Mississippi workers:
Youth minimum wage: Federal law permits employers to pay employees under 20 years old a training wage of $4.25 per hour for their first 90 consecutive calendar days of employment.
Full-time students and student learners: Special certificates from the Department of Labor can allow sub-minimum wages in limited education and vocational settings.
Exempt employees: Bona fide executive, administrative, professional, outside sales, and certain computer employees who meet the salary and duties tests are exempt from minimum wage and overtime entirely.
Workers with disabilities: Under FLSA Section 14(c) certificates, some employers may pay below minimum wage, though this practice has been narrowing nationally.
These are federal categories. Because Mississippi has no competing state rule, the federal exception applies directly.
How to enforce your right to minimum wage
If you believe you were paid less than $7.25 per hour, or that your employer improperly took a tip credit, your remedy in Mississippi runs through federal law. You can file a complaint with the U.S. Department of Labor, Wage and Hour Division, which has offices serving Mississippi and investigates unpaid minimum wage and overtime claims at no cost to the worker. The FLSA also allows employees to file a private lawsuit to recover unpaid wages, an equal amount in liquidated damages, attorney's fees, and costs. Federal minimum wage and overtime claims generally must be brought within two years, or three years for willful violations.
Keep your own records: dates, hours worked, your pay rate, tips received, and copies of pay stubs. Good records make it far easier to prove a shortfall, especially in tipped jobs where the math between cash wage and tips matters.
Where to verify the current rate
Mississippi's state workforce agency is the Mississippi Department of Employment Security (MDES), which handles unemployment insurance and workforce services. Note that MDES does not enforce a state minimum wage, because none exists; minimum wage enforcement for Mississippi workers is handled by the U.S. Department of Labor's Wage and Hour Division. Because the figure that applies in Mississippi is the federal rate, the most authoritative place to confirm the current minimum wage, tipped cash wage, and tip credit is the U.S. Department of Labor. Always confirm the current numbers with the Department of Labor before relying on them, since federal rates can change and this article reflects the law as of 2026.
Official Mississippi Sources
This page is based on Mississippi employment law. Rules and figures change — verify the current details directly with the official Mississippi sources below. This is general legal information, not legal advice.
Federal law and local ordinances may also apply. Federal laws like the Fair Labor Standards Act set a national floor, and your city or county may add protections (such as a higher local minimum wage or paid sick leave). Check both alongside Mississippi state law.
Frequently asked questions
What is the minimum wage in Mississippi in 2026?
Mississippi has no state minimum wage law, so the federal minimum of $7.25 per hour applies to covered employees. This has been the rate since 2009. Confirm the current federal figure with the U.S. Department of Labor.
What can a Mississippi employer pay tipped workers?
Under federal law, a tipped employee can be paid a cash wage as low as $2.13 per hour, with a tip credit of up to $5.12, but only if cash wage plus tips equal at least $7.25 per hour. If tips fall short, the employer must make up the difference.
Can a Mississippi city set a higher minimum wage?
No. Mississippi law preempts local governments from setting their own minimum wage or mandating employee benefits. Cities and counties such as Jackson or Gulfport cannot legally enact a minimum wage above the federal $7.25.
Does Mississippi's minimum wage rise with inflation?
No. Mississippi has no minimum wage statute, so there is no state inflation indexing or scheduled increase. The rate changes only if Congress raises the federal minimum wage.
Who do I contact about an unpaid minimum wage in Mississippi?
File a complaint with the U.S. Department of Labor's Wage and Hour Division, which enforces the FLSA in Mississippi at no cost. You may also sue privately to recover back wages, liquidated damages, and attorney's fees, generally within two to three years.
This article is general legal information, not legal advice, and may not reflect the most current law or the law in your jurisdiction. Laws vary by state and change over time. For advice about your specific situation, consult a licensed attorney.
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