State Law > Mississippi > Mississippi Wage Payment Law

Mississippi Wage Payment Law

 

Mississippi's law regarding wage payment is codified in Title 71, Chapter 1 of the Mississippi Code Annotated

  • SEC. 71-1-35. Pay of employees twice a month.
  • SEC. 71-1-37. Discounting trade checks prohibited.
  • SEC. 71-1-39. Trade checks must be paid in cash.
Deceased Employees
  • SEC. 91-7-323. Wages due deceased employee.
  • SEC. 91-7-329. Not to apply to estates administered upon.

SEC. 71-1-35. Pay of employees twice a month.

(1) Every corporation, company, association, partnership and individual person engaged in manufacturing of any kind in this state employing as many as fifty (50) or more employees and employing public labor, and every public service corporation doing business in this state shall be required to make full payment to employees for services performed as often as once every two (2) weeks or twice during each calendar month, or on the second and fourth Saturday, respectively, of each month. Such payment or settlement shall include all amounts due for labor or services performed up to not more than ten (10) days previous to the time of payment, except that public service corporations shall not be required to make payment for labor or services performed up to more than fifteen (15) days prior to the time of payment.

(2) For the purposes of this section, the term "employee" shall not include any individual employed in a bona fide executive, administrative or professional capacity .

SEC. 71-1-37. Discounting trade checks prohibited.

Every person, company, association, partnership, manufacturing company, or railroad company now existing or hereafter organized in this state engaged in employing labor for manufacturing purposes, or any railroad within this state shall be prohibited from discounting any trade check, coupons, or other written instrument issued for the payment of such labor. It shall be unlawful for any person, partnership, corporation, or trade establishment purchasing said trade checks, coupons, or other instruments issued for the payment of such labor to discount the same. Any person, partnership, corporation, or trade establishment purchasing the same at a discount, or any company, corporation, railroad, or other person issuing said checks, coupons, or other written instruments who shall discount the same in settlement with the employees shall be guilty of a misdemeanor and, upon conviction thereof, shall be fined not less than ten dollars and not more than fifty dollars for each offense .

SEC. 71-1-39. Trade checks must be paid in cash.

All persons, firms, or corporations engaged in manufacturing and issuing trade checks, coupons, or other instruments of writing in payment for labor shall, on or after the regular pay day, cash said check or checks so issued at their face value less any amount that may be due by the party to whom issued. Any such person, firm, or corporation so engaged in manufacturing and failing to settle such claim as herein required shall be liable to pay to the holder thereof twenty-five per cent. on the face of said check as damages in the event any suit or action shall be brought to enforce the payment thereof. This section shall only apply when the amount claimed is one hundred dollars or less .

SEC. 25-3-73. Repealed by Laws 2000, Ch. 585, Sec. 1, HB258, eff. from and after passage (approved May 20, 2000).

Section 25-3-73, Mississippi Code of 1972, which requires all state and nonstate service employees to be paid on a delayed basis, twice per month, beginning on January 1, 2001, is repealed.

SEC. 91-7-323. Wages due deceased employee.

When any person, male or female, shall die leaving wages, salary or other compensation due him, it shall be lawful for the debtor to pay said wages, salary or other compensation to the wife or husband, as the case may be, of said deceased creditor if he or she leaves a wife or husband, as the case may be, surviving him or her; and if he or she shall leave no wife or husband surviving him or her, then to his or her children if adults; and if he or she shall leave no children and no wife or husband surviving him or her, then to his or her mother; and if he or she shall leave no wife or husband or children or mother surviving him or her, then to his or her father; and if he or she shall leave no wife or children or husband or mother or father surviving him or her, then to his or her brothers and sisters if adults. If such creditor shall have left no wife, husband, children, nor brothers nor sisters, nor father nor mother surviving him or her, or if any of his or her children surviving him or her shall be minors, or if any of his or her brothers or sisters surviving him or her, entitled to inherit, shall be minors, then it shall be lawful for said debtor to pays said wages, salary or other compensation to the chancery clerk of the county in which said creditor resided at the time of his or her death, or of the county where he or she died .

SEC. 91-7-329. Not to apply to estates administered upon.

Sections 91-7-323 to 91-7-327 shall not apply in cases where the estate of deceased creditor is administered upon

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