Hiring New Employees in Mississippi: A Legal Guide

Create a job posting that complies with Mississippi employment laws. Avoid discriminatory language related to protected characteristics such as race, color, religion, sex, national origin, disability, or age. Mississippi follows federal anti-discrimination laws but does not have additional state-specific protected classes.

Create an application form that collects necessary information while complying with Mississippi and federal laws. Avoid questions about age, race, religion, disability, or other protected characteristics. Include authorization for background checks and employment verification.

When interviewing, ensure questions focus on job-related qualifications and avoid inquiries about protected characteristics. Document the selection process to demonstrate non-discriminatory hiring practices.

Draft an offer letter outlining the position, compensation, start date, and at-will employment status (Mississippi is an at-will employment state). Include any contingencies such as background checks or drug testing.

If using a formal employment contract rather than at-will employment, draft a contract that clearly outlines terms of employment, compensation, benefits, duties, and termination conditions. Note that Mississippi generally presumes at-will employment unless specifically contracted otherwise.

Draft an NDA to protect confidential business information. In Mississippi, NDAs are generally enforceable if they protect legitimate business interests and are reasonable in scope, duration, and geographic area.

If needed, draft a non-compete agreement. Mississippi courts generally enforce reasonable non-compete agreements that protect legitimate business interests. Ensure the agreement is reasonable in time (typically 1-2 years), geographic scope, and prohibited activities.

Create a form that complies with the Fair Credit Reporting Act (FCRA) for conducting background checks. Obtain written consent from the candidate before conducting any background checks.

After receiving signed authorization, conduct appropriate background checks. Follow FCRA requirements if using a third-party service, including providing pre-adverse action and adverse action notices if negative information affects hiring decisions.

If not already registered, register with MDES for unemployment insurance. All employers with one or more employees in Mississippi must register within 30 days of hiring their first employee.

Register for state income tax withholding if not already registered. Employers must withhold Mississippi income tax from employee wages.

Mississippi law requires employers with 5 or more employees to carry workers' compensation insurance. Even if you have fewer employees, consider obtaining coverage as it provides protection for both employer and employees.

Federal law requires all employers to verify employment eligibility using Form I-9 within 3 business days of hire. The employee must complete Section 1 on or before their first day, and the employer must complete Section 2 within 3 business days of the employee's start date.

Have the employee complete a federal W-4 form to determine federal income tax withholding. This must be completed before the first payroll.

Have the employee complete Mississippi's state tax withholding form (Form 89-350) to determine state income tax withholding.

Create a form for employees to authorize direct deposit of their paychecks. While not required by Mississippi law, this is a common practice that benefits both employers and employees.

Create a form to collect emergency contact information for the new employee. This is a best practice for workplace safety and emergency response.

If offering benefits such as health insurance, retirement plans, or other voluntary benefits, prepare the necessary enrollment forms. Note any waiting periods that may apply before benefits eligibility.

Create or update your employee handbook to include company policies, procedures, and expectations. Include policies on anti-discrimination, harassment, leave, benefits, discipline, and other important workplace matters. Ensure compliance with Mississippi and federal employment laws.

Mississippi law requires employers to report all new hires within 15 days of hire to the Mississippi Department of Human Services. This can be done online through the Mississippi State Directory of New Hires.

Ensure all required federal and Mississippi workplace posters are displayed in a conspicuous location. These include posters related to minimum wage, workplace safety, equal employment opportunity, family and medical leave, and unemployment insurance.

While not required for all Mississippi employers, state law requires E-Verify for employers with 250 or more employees. If applicable, enroll the new employee in E-Verify within 3 business days of hire.

Plan and conduct an orientation to introduce the new employee to company policies, procedures, culture, and job responsibilities. Review the employee handbook and have the employee acknowledge receipt.

Add the employee to your payroll system. Ensure proper tax withholding based on W-4 and state withholding forms. Mississippi requires at least semi-monthly payment of wages.