Fair Pay: Mississippi
Federal law and guidance on this subject should be reviewed together with this section.
Author: Brightmine Editorial Team
Summary
- The Mississippi Equal Pay for Equal Work Act prohibits pay discrimination on the basis of sex. See Equal Pay Laws.
- Mississippi does not have a law that requires private employers to submit data regarding the compensation and demographics of their workforce to a state government agency. See Pay Data Reporting.
- Mississippi does not have a pay transparency law that requires employees to disclose pay ranges to applicants and employees. See Pay Transparency.
- Mississippi does not restrict an employer from inquiring into or relying upon an applicant's salary history. See Salary History Inquiries.
- Mississippi law does not specifically address the right of an employee to discuss or disclose their own wages. See Employee Wage Disclosure Rights.
Equal Pay Laws
The Mississippi Equal Pay for Equal Work Act (EPEWA) prohibits covered employers from paying any full-time employee a wage less than it would pay an employee of the opposite sex in the same establishment for equal work on a job requiring equal skill, education, effort and responsibility and performed under similar working conditions.
Applicability
The EPEWA applies to employers with five or more employees.
An employee is defined as any individual who works 40 or more hours a week for an employer.
Protected Characteristics
The EPEWA prohibits pay discrimination on the basis of sex.
Permissible Sources of Pay Differentials
The EPEWA provides that a pay differential may be justified on the basis of:
- A seniority system;
- A merit system;
- A system that measures earnings by quantity or quality of production;
- Or any factor other than sex, which may include but is not limited to the following factors as compared to employees of the opposite sex in the same establishment:
- An employee's salary history or continuity of employment history;
- The extent to which there was competition with other employers for the employee's services; and
- The extent to which an employee attempted to negotiate for higher pay.
An employer may not reduce the wage rate of any employee in order to eliminate an unlawful wage differential. +Miss. Code Ann. § 71-17-5 (3).
Wage means all compensation paid for an employee's services, including the cash value of all compensation paid in any medium other than cash.
Rate means the basis of compensation for services by an employee for an employer and includes compensation based on time, the number of operations accomplished, or the quality produced or handled.
Skill means factors such as experience, ability, education and training that are required to perform a job.
Effort means the amount of physical or mental exertion needed to perform a job.
Responsibility means the degree of accountability required to perform the job.
Working conditions means and includes the physical surroundings of a job such as temperature, fumes and ventilation, and the hazards of a job.
Recordkeeping
The EPEWA does not specifically address recordkeeping.
Enforcement and Remedies
The EPEWA contains a private right of action, and an employee who prevails in a claim against an employer may be awarded back pay, attorney fees, interest and costs. Lawsuits must be brought within two years from when the employee knew or should have known of an employer's alleged violation.
An employee may not bring a claim under both the Mississippi EPEWA and the federal Equal Pay Act but must choose to proceed under one law or the other. An employee who brings a claim under the state Act must first waive any right to relief under the federal Equal Pay Act of 1963.
Retaliation Protections
The EPEWA prohibits an employer from discharging, discriminating or otherwise retaliating against an employee for exercising their rights under the EPEWA or assisting in its enforcement.
+Miss. Code Ann. § 71-17-5(4).
Notice and Posting Requirements
The EPEWA does not include notice or posting requirements.
Pay Data Reporting
Mississippi does not currently have a law that requires private employers to submit data regarding the compensation and demographics of their workforce to a state government agency.
Pay Transparency
Mississippi does not currently have a pay transparency law that requires employers to disclose the pay range for a position to applicants or employees.
Salary History Inquiries
Mississippi does not restrict an employer from inquiring into or relying upon an applicant's salary history.
Employee Wage Disclosure Rights
Mississippi law does not specifically address the right of an employee to discuss or disclose their own wages. See Fair Pay: Federal for information about federal law regarding employee discussion of wages.
Future Developments
There are no developments to report at this time. Continue to check HR & Compliance Center regularly for the latest information on this and other topics.