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Mississippi Statutes, Title 71

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Mississippi/Statutes

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Title 71, Labor and Industry

10 chapters · 257 sections in this title.

All chapters in Title 71257 Ch 3, Workers’ Compensation97 Ch 5, Unemployment Compensation90 Ch 1, Employer and Employee19 Ch 7, Drug and Alcohol Testing of Employees16 Ch 19, Mississippi Work and Save Program13 Ch 13, Prohibition Against Employer Intimid…6 Ch 9, Medical Savings Account Act5 Ch 15, Mississippi Employment Fairness Act5 Ch 17, Mississippi Equal Pay for Equal Work Act4 Ch 11, Employment Protection Act2

257 sections·Filtered byTitle 71✕

Miss. Code Ann. § 71-5-537 Limitation of fees
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No individual claiming benefits shall be charged fees of any kind in any proceeding under this chapter by the board of review, the commission, their representatives, or by any court or any officer thereof. Any individual claiming benefits in any proceedings before the commission,…
Miss. Code Ann. § 71-5-539 No assignment of benefits; exemptions
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Any assignment, pledge or incumbrance of any right to benefits which are or may become due or payable under this chapter shall be void. Such rights to benefits shall be exempt from levy, execution, attachment or any other remedy whatsoever provided for the collection of debt; and…
Miss. Code Ann. § 71-5-541 Construction [Repealed effective July 1, 2027]
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A. (1) In the administration of this chapter, the department shall cooperate with the Department of Labor to the fullest extent consistent with the provisions of this chapter and shall take such action, through the adoption of appropriate rules, regulations, administrative method…
Miss. Code Ann. § 71-5-543 Authorization to waive recovery of benefits paid to ineligible persons under certain circumstances
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(1) Except as otherwise provided in this section, the executive director of the department may waive recovery of benefits paid under this chapter to a person if the person is subsequently found to be ineligible for the benefit and the benefits were paid as a direct result of unem…

Miss. Code Ann. § 71-5-545 Self-Employment Assistance Program

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(1) Definitions. As used in this section:(a) “Self-employment assistance activities” means activities (including entrepreneurial training, business counseling, technical assistance and any other requirements set forth by the executive director in regulation) approved by the execu…

Miss. Code Ann. § 71-5-547 Prevention and detection of fraud regarding payment of unemployment insurance benefits and collection of tax contributions; recovery of fraudulently obtained benefits and improperly withheld unemployment insurance tax contributions

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(1) This section describes the minimum requirements that the Mississippi Department of Employment Security must meet related to its activities concerning fraud prevention, detection and recovery.(1) The Mississippi Department of Employment Security (“department”) shall focus upon…

Miss. Code Ann. § 71-7-1 Definitions

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(a) As used in this chapter, the following terms shall have the meaning ascribed to them herein unless the context requires otherwise:(a) “Confirmation test” means a drug and alcohol test on a specimen to substantiate the results of a prior drug and alcohol test on the specimen. …

Miss. Code Ann. § 71-7-11 Conduct of confirmation tests

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Only laboratories shall conduct confirmation drug and alcohol tests. All confirmation tests shall use an alternate method of equal or greater sensitivity than that used on the initial drug and alcohol test. If an initial drug and alcohol test is negative, there shall be no confir…

Miss. Code Ann. § 71-7-13 Designation of employee or applicant as handicapped due to test result; discharge, discipline, etc., of employee on basis of test result or refusal to submit; construction and application of chapter generally

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(1) An employee or job applicant whose drug and alcohol test result is confirmed as positive in accordance with the provisions of this chapter shall not, by virtue of the result alone, be defined as a person with a “handicap.” (2) An employer who discharges or disciplines an empl…

Miss. Code Ann. § 71-7-15 Confidentiality of information related to drug and alcohol testing; discharge or discipline of employee for refusal to consent to authorized release of information

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(1) All information, interviews, reports, statements, memoranda and test results, written or otherwise, received by the employer through its drug and alcohol testing program are confidential communications and may not be used or received in evidence, obtained in discovery, or dis…

Miss. Code Ann. § 71-7-19 Disclosure and contents of laboratory test result reports

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(1) A laboratory shall disclose to the employer a written test result report within five (5) working days after the test. (2) All laboratory reports of a test result shall, at a minimum, state:(a) The name and address of the laboratory that performed the test and the positive ide…

Miss. Code Ann. § 71-7-21 Promulgation of rules by State Board of Health

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(a) The State Board of Health shall adopt rules concerning:(a) Standards for drug and alcohol testing laboratory certification, suspension and revocation of certification;(b) Body specimens that are appropriate for drug and alcohol testing;(c) Methods of analysis and procedures t…

Miss. Code Ann. § 71-7-23 Civil actions for damages and injunctive relief for violations of chapter authorized; award of attorney fees

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(1) A person alleging a violation of this chapter may bring an action for injunction relief or damages, or both. (2) For the purposes of this chapter, damages shall be limited to the recovery of compensatory damages directly resulting from injury or loss caused by each violation …

Miss. Code Ann. § 71-7-25 Limitation period for civil actions for violations of chapter; relief available; effect of compliance with chapter by employer; presumption as to validity of test results; actions for defamation, etc

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(1) Upon an alleged violation of the provisions of this chapter, a person must institute a civil action in a court of competent jurisdiction within one (1) year of the alleged violation or the exhaustion of any internal administrative remedies available to the person, or be barre…

Miss. Code Ann. § 71-7-27 Procedure for and effect of election to conduct testing policy or program; procedure for rescission of election; effect of failure to make election or rescission of election

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(1) A private employer may affirmatively elect to conduct an employee drug and alcohol testing policy or program pursuant to the provisions of this chapter. Such election shall be made by including in the written statement of the employer’s policy on drug use provided for in Sect…

Miss. Code Ann. § 71-7-29 Application of chapter to employers subject to federal testing laws

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This chapter shall not apply to any employer who is subject to federal law or federal regulations governing the administering of drug and alcohol tests to any of its employees or applicants for employment.

Miss. Code Ann. § 71-7-3 Election of employer to conduct drug and alcohol testing voluntary; furnishing by employers of written policy statements on drug and alcohol use prior to implementation of testing; dissemination; standard language; notification of job applicants; signing of statements regarding testing policies by applicants or employees; testing of government employees, applicants, and elected officials

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(1) For the purposes of this chapter, the election of a public or private employer to conduct drug and alcohol testing is voluntary. If an employer elects voluntarily to follow this chapter, the employer must follow all the terms of this chapter without exception. (2) Any employe…

Miss. Code Ann. § 71-7-31 Private employer establishing testing program not deemed agent or instrument of the state

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A private employer shall not, by virtue of establishing or implementing a program for drug and alcohol testing in accordance with this chapter or otherwise, be deemed to be an agent or instrument of the State of Mississippi or any body, department, agency, institution or politica…

Miss. Code Ann. § 71-7-33 Requirement of abstention from use of tobacco products during nonworking hours as condition of employment prohibited

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It shall be unlawful for any public or private employer to require as a condition of employment that any employee or applicant for employment abstain from smoking or using tobacco products during nonworking hours, provided that the individual complies with applicable laws or poli…

Miss. Code Ann. § 71-7-5 Conduct of testing generally; authorized types of tests

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(1) Except as otherwise provided in Section 71-7-27, all drug and alcohol testing conducted by employers shall be in conformity with the standards established in this section, other applicable provisions of this chapter, and all applicable regulations promulgated pursuant to this…

Miss. Code Ann. § 71-7-7 Neutral selection drug and alcohol testing; routine testing; testing of employees participating in rehabilitation

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(1) Subject to the provisions of this chapter and any applicable collective bargaining agreement or contract, any nongovernment employer may require as a condition of employment or as a condition of continued employment that employees submit to neutral selection drug and alcohol …

Miss. Code Ann. § 71-7-9 Collection, storage and transportation of specimens; time of testing; rights of employees upon receipt of positive results; discharge, discipline, etc., of employees generally; payment of costs of testing

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(1) The collection of specimens shall be performed under reasonable and sanitary conditions. Individual dignity shall be preserved to the extent practicable. (2) Specimens shall be collected in a manner reasonably calculated to prevent substitution of specimens and interference w…

Miss. Code Ann. § 71-9-1 Short title

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This chapter shall be known and may be cited as the “Medical Savings Account Act.”

Miss. Code Ann. § 71-9-3 Definitions

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(a) As used in this chapter:(a) “Account administrator” means a state chartered bank, savings and loan association, credit union or trust company authorized to act as a fiduciary and under the supervision of the Department of Banking and Consumer Finance or the Department of Savi…

Miss. Code Ann. § 71-9-5 Authority to establish medical savings account; limits on deductible amounts contributed to account; interest earned on account excluded from gross income

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(1) Each employer shall be permitted to offer voluntarily the following programs:(a) Continued coverage under the employer’s existing health coverage policy, certificate or contract; or(b) Participation in a medical savings account program. (a) Continued coverage under the employ…

Miss. Code Ann. § 71-9-7 Use of funds in account; distribution of funds in account upon death of account holder

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(1) Except as otherwise provided in Section 71-9-9 of this chapter, an account administrator shall use the funds held in a medical savings account solely for the purpose of paying eligible medical expenses of the account holder, or his or her dependent, or to pay for an accident …

Miss. Code Ann. § 71-9-9 Withdrawals from account by account holder

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Unencumbered funds that have accumulated in a medical savings account that are in excess of the higher deductible may be withdrawn by the account holder for purposes other than paying eligible medical expense or procuring health coverage. Money withdrawn pursuant to this section …

Miss. Code Ann. § 71-11-1 Legislative findings

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The Legislature finds that when illegal immigrants have been sheltered and harbored in this state and encouraged to reside in this state through the benefit of work without verifying immigration status, these practices impede and obstruct the enforcement of federal immigration la…

Miss. Code Ann. § 71-11-3 Definitions; verification of work eligibility status of new hires; employer liability; exemptions; penalties for violation

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(1) This chapter shall be known as the “Mississippi Employment Protection Act.” (2) The provisions of this section shall be enforced without regard to race, gender, religion, ethnicity or national origin. (3) For the purpose of this section only, the following words shall have th…

Miss. Code Ann. § 71-13-1 Short title

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This chapter shall be known and cited as the “Prohibition Against Employer Intimidation Act.”

Miss. Code Ann. § 71-13-11 Award of damages in civil action under provisions of this chapter under certain circumstances

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In any civil action filed under the provisions of this chapter, the prevailing plaintiff shall be entitled to damages upon a showing that the conspiracy constitutes an assault or causes physical injury, as defined by law for such causes of action, to such plaintiff, in addition t…

Miss. Code Ann. § 71-13-3 Legislative findings

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The State of Mississippi is a right to work state and the state’s right to work laws are founded on the basic principle that every individual has an inherent right to choose if they want to join a union or an employee organization, and this right to choose should not impact their…

Miss. Code Ann. § 71-13-5 Prohibition against unlawfully intimidating business or employee or representative of a business to obtain something of value; prohibition against conspiring to disrupt lawful commerce in places of business

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(1) No person, organization, corporation, union, agency or other entity thereof shall:(a) Damage, harm, injure or threaten to injure or coerce a business, or any employee or representative of the business with the intent to unlawfully intimidate the business or its employees from…

Miss. Code Ann. § 71-13-7 Prohibition against intentionally or recklessly damaging business property of another under certain circumstances; aiding and abetting the intentional or reckless damaging of business property of another

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(1) No person, organization, corporation, union, agency or other entity shall intentionally or recklessly damage the business property of another when either of the following applies:(a) The property is used by its owner or possessor in the owner’s or possessor’s profession, busi…

Miss. Code Ann. § 71-13-9 Relation to First Amendment

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Nothing in the provisions of this chapter shall be construed to infringe and impede upon any individual’s First Amendment rights.

Miss. Code Ann. § 71-15-1 Short title

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This chapter shall be known and may be cited as the “Mississippi Employment Fairness Act.”

Miss. Code Ann. § 71-15-3 Legislative findings

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Employers and employees alike benefit from consistent and established standards regulating fair employment practices. There are existing federal and state laws, which seek to protect individuals from discrimination in employment, while also providing appropriate due process to em…

Miss. Code Ann. § 71-15-5 Definitions

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(a) For purposes of this chapter, the following words shall have the following meanings, unless the context clearly describes otherwise:(a) “Employee” means a natural person who performs services for an employer for valuable consideration, and does not include a self-employed ind…

Miss. Code Ann. § 71-15-7 State retains exclusive authority to regulate certain labor agreements; effect of violation of this section

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(1) The state shall retain the exclusive authority to require an employer or multiemployer association to accept or otherwise agree to any provisions of a labor peace agreement or any provisions that are mandatory or nonmandatory subjects of collective bargaining under federal la…

Miss. Code Ann. § 71-15-9 Authority to require employer or multiemployer association to enter into project labor agreement; relation to National Labor Relations Act

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(1) The state shall retain the exclusive authority to require an employer or multiemployer association to enter into a project labor agreement. (2) This section does not prohibit an employer or any other person covered by the National Labor Relations Act compiled in 29 USCS Secti…

Miss. Code Ann. § 71-17-1 Short title

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The provisions of this chapter shall be known and may be cited as the “Mississippi Equal Pay for Equal Work Act”.

Miss. Code Ann. § 71-17-3 Definitions

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(a) For the purposes of this chapter, the following words and phrases shall have the meanings as defined in this section unless the context clearly indicates otherwise:(a) “Employee” means any individual who is employed to work forty (40) or more hours a week and who is employed …

Miss. Code Ann. § 71-17-5 Unequal pay to member of the opposite sex for equal work requiring equal skill, education, effort and responsibility performed under similar working conditions prohibited; exceptions; enforcement by civil suit; remedies; retaliation against employee prohibited

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(1) No employer may pay an employee a wage at a rate less than the rate at which an employee of the opposite sex in the same establishment is paid for equal work on a job, the performance of which requires equal skill, education, effort and responsibility, and which is performed …

Miss. Code Ann. § 71-17-7 Timing of civil action; relief may be sought under this chapter or Equal Pay Act of 1963 but not both; mandatory authority of published precedents; severability

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(1) A civil action brought under this chapter may be commenced no later than two (2) years from the day the employee knew or should have known his or her employer was in violation of this chapter. (2) If an employee brings a claim under the Equal Pay Act of 1963, a separate actio…

Miss. Code Ann. § 71-19-1 Title

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This chapter shall be known and may be cited as the Mississippi Work and Save Program.

Miss. Code Ann. § 71-19-11 Protection from liability for employers

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(1) A covered employer or other employer is not and shall not be liable for or bear responsibility for:(a) An employee’s decision to participate in or not to participate in the program or a participant’s specific elections under the program;(b) Participants’ or the State Treasure…

Miss. Code Ann. § 71-19-13 Protection from liability for the state

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(1) The state, any state official, commission or agency, any member, officer or employee thereof, and the program:(a) Have no responsibility for compliance by individuals with the conditions and other provisions of the Internal Revenue Code that determine which individuals are el…

Miss. Code Ann. § 71-19-15 Confidentiality of participant and account information

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(a) Individual account information relating to accounts under the program and relating to individual participants (including, but not limited to, names, addresses, telephone numbers, email addresses, personal identification information, investments, contributions, and earnings) i…

Miss. Code Ann. § 71-19-17 Intergovernmental collaboration and cooperation

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The State Treasurer may enter into an intergovernmental agreement or memorandum of understanding with the state and any agency of the state to receive outreach, technical assistance, enforcement and compliance services, collection or dissemination of information pertinent to the …

Miss. Code Ann. § 71-19-19 Funding of program

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(1) The Mississippi Work and Save Administrative Fund is created as a special fund in the State Treasury. Monies in the fund shall be expended by the State Treasurer, upon appropriation of the Legislature, for the purposes authorized in this chapter. The fund shall consist of:(a)…