Understanding employee break rights is essential for maintaining fair pay, legal compliance, and a healthy workplace in Mississippi. While the state doesn’t mandate rest or meal breaks, specific rules apply under federal guidelines when employers choose to offer breaks.
This guide explains how Mississippi labor laws regulate rest breaks, meal periods, and breastfeeding breaks, giving both employers and employees the clarity they need to avoid violations and protect their rights.
Key Takeaways From Mississippi Break Laws
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This Article Covers
- Rest Breaks in Mississippi
- Meal Breaks in Mississippi
- Breastfeeding Breaks in Mississippi
- Breaks for Minor Employees in Mississippi
- Penalties for Violating Break Laws in Mississippi
Rest Breaks in Mississippi
Employers are not required to provide rest breaks to employees under federal and Mississippi break laws. However, if FLSA-covered employers voluntarily offer rest breaks to employees, there are some guidelines they must follow.
Short breaks lasting five to 20 minutes must be paid. They are counted as hours worked even during overtime pay calculations in Mississippi.
These break hours cannot be offset against other work hours, such as on-call or waiting time.
Meal Breaks in Mississippi
Employers in Mississippi are not required to provide meal breaks. However, employers may choose to offer them at their discretion.
If an employer covered by the federal Fair Labor Standards Act (FLSA) provides a meal break, it must last at least 30 minutes, and the employee must be completely relieved from job duties for the break to qualify as a bona fide meal period. The break is unpaid and not counted as hours worked.
Shorter meal periods are also allowed under special conditions. Additionally, employers are not required to allow employees to leave the workplace during a meal break, as long as the employee is fully relieved of their job duties.
Discover more salaried employee laws in Mississippi.
Breastfeeding Breaks in Mississippi
Employers are required to provide reasonable paid or unpaid break time for nursing employees to breastfeed or express milk at the workplace, as mandated by Mississippi’s HB 1304. If possible, these breaks must align with any existing paid break time.
Employers must also make reasonable efforts to provide nursing employees with a clean, private, and secure pumping space that is not a bathroom or a toilet. This space must include an electrical outlet, a comfortable chair, and access to running water.
Mississippi employers must also provide a refrigerator to store expressed milk.
Breaks for Minor Employees in Mississippi
Mississippi does not have specific laws requiring breaks for minor employees.
That said, Mississippi law limits when and how long minors can work. Minors under 16 are allowed to work between eight and 44 hours per week in factories, mills, canneries, workshops, or manufacturing facilities. They are prohibited from working before 6 a.m. or after 7 p.m.
Penalties for Violating Break Laws in Mississippi
Employers in Mississippi are prohibited from discriminating or retaliating against nursing mothers who take breastfeeding breaks under Mississippi’s HB 1304 law. Any employer found guilty of violating this law can be fined from $25 to $250 for each offense committed.
If a Mississippi employer covered by the FLSA chooses to offer breaks, employees must return on time. If they extend a break beyond the specified limit, that extra time is not counted as hours worked, and the employer can discipline the employee.
Important Cautionary Note
This content is provided for informational purposes only. While we make every effort to ensure the accuracy of the information presented, we cannot guarantee that it is free of errors or omissions. Users are advised to independently verify any critical information and should not solely rely on the content provided.
