Mississippi Equal Pay Acts laws & compensation compliance analysis

Mississippi Equal Pay Acts: What you need to know

Effective July 1, 2022, the Mississippi Equal Pay for Equal Work Act prohibits employers with five or more employees from paying an employee wages 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 that is performed under similar working conditions (MS HB 770 4/20/22). An “employee” is defined as a person who works 40 or more hours a week and includes individuals employed by the state and its political subdivisions.
There are exceptions when the pay differential is based on:
• A seniority system;
• A merit system;
• A system that measures earnings by quantity or quality of production; or
• Any other factor other than sex.
In contrast to many other state laws, a “factor other than sex” under the law in Mississippi includes, but is not limited to, the following factors:
• The salary history or continuity of employment history demonstrated by the employee as compared with employees of the opposite sex in the same establishment;
• The extent to which there was competition with other employers for the employee's services as compared with employees of the opposite sex in the same establishment; and
• The extent to which the employee attempted to negotiate for higher wages as compared with employees of the opposite sex in the same establishment.
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Employers are prohibited from reducing the wage rate of an employee in order to comply with the law. Retaliation is prohibited against an employee who takes action to enforce the law.
State law prohibits public employers from discriminating against employees or applicants based on race, ...

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Mississippi Equal Pay Acts Resources

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