Mississippi Final Paycheck Law — deadline calculator

Frequently Asked Questions

• When must a Mississippi employer pay a final paycheck after termination?

  Mississippi has no state law setting a specific final paycheck deadline for terminated or resigning employees as of 2026. For manufacturing employers with 50+ employees and public service corporations, Mississippi Code § 71-1-35 limits the regular pay cycle to 15 days, so the final paycheck is due by the next scheduled payday within that window. For all other employers, federal FLSA rules apply: final wages must be paid by the next regular scheduled payday.

• Is the final paycheck deadline different if an employee was fired versus if they quit?

  No. Mississippi law does not distinguish between involuntary termination (firing, layoff) and voluntary resignation (quitting) for final paycheck timing. The same rule applies regardless of separation type: next regular scheduled payday (with the 15-day cap for covered employers under MS Code § 71-1-35). This differs from states like California, which requires same-day payment for fired employees but allows 72 hours for employees who quit without notice.

• What is Mississippi Code § 71-1-35 and how does it affect final paychecks?

  Mississippi Code Ann. § 71-1-35 (as of 2026) requires manufacturing companies with 50 or more employees and public service corporations to pay wages to employees at least twice a month, with no more than 15 days between paydays. This establishes the maximum length of a regular pay cycle for covered employers. While the statute primarily addresses regular paydays — not final paycheck timelines specifically — it means the final paycheck at these employers must arrive by the next regularly scheduled payday, which cannot be more than 15 days after the last day services were performed.

• Which Mississippi employers are covered by MS Code § 71-1-35?

  Two categories of employers are covered: (1) manufacturing companies of any kind operating in Mississippi that employ 50 or more employees, and (2) public service corporations (utilities, railroads, telecommunications companies, and similar entities) doing business in Mississippi. Retail, restaurant, professional services, healthcare, construction, and most other private employers are generally not covered by § 71-1-35 and follow the federal FLSA next-payday rule.

• Are there penalties if a Mississippi employer doesn't pay the final paycheck on time?

  Mississippi imposes no state-level financial penalties for late final paychecks as of 2026. Unlike California (which adds a 'waiting time penalty' equal to one day's wages per day late, up to 30 days), Mississippi employees have no equivalent state remedy. Employees must pursue recovery through the U.S. Department of Labor Wage and Hour Division (WHD) or a private federal lawsuit under the FLSA, which can recover unpaid wages plus equal liquidated damages.

• Can a Mississippi employer withhold a final paycheck?

  No. Mississippi employers cannot legally withhold earned wages, including a final paycheck. Even if an employee owes the employer money (for example, for damages to property or unreturned equipment), the employer cannot simply deduct amounts from a final paycheck without the employee's written consent — and cannot delay or refuse to pay wages already earned. Employees may file a complaint with the U.S. DOL WHD or pursue a civil claim if wages are withheld.

• Does unused vacation or PTO pay out with the final paycheck in Mississippi?

  Mississippi has no law requiring employers to pay out accrued vacation or PTO upon termination as of 2026. Whether unused PTO is paid depends entirely on the employer's written policy or employment contract. If the employer's policy states that accrued vacation is paid out upon termination, it becomes a contractual obligation. Employers are free to adopt 'use it or lose it' PTO policies in Mississippi.

• Can a Mississippi employer deduct from a final paycheck for tools, uniforms, or advances?

  Mississippi has no specific statute governing deductions from final paychecks. Federal FLSA rules apply: deductions are permissible only if they do not reduce the employee's pay below minimum wage and are agreed to in writing by the employee. Unauthorized or disputed deductions from a final paycheck may constitute a wage violation enforceable through the U.S. DOL WHD.

• What should I do if my Mississippi employer doesn't pay my final paycheck?

  If your employer fails to pay your final paycheck by the next regular scheduled payday (or within the 15-day limit for covered employers), you can: (1) contact your employer in writing to request payment, (2) file a complaint with the U.S. Department of Labor Wage and Hour Division (WHD) at dol.gov/whd, or (3) consult a private employment attorney about filing a civil lawsuit under the FLSA. The FLSA allows recovery of unpaid wages, liquidated damages (equal to the amount owed), and attorney's fees.

• Does the final paycheck in Mississippi need to include overtime pay for the last pay period?

  Yes. The final paycheck must include all wages earned during the last pay period, including overtime compensation for any hours worked over 40 in that workweek. Overtime is calculated at 1.5× the regular rate of pay under the FLSA, which applies in Mississippi. Failing to include earned overtime in the final paycheck is a wage violation subject to federal enforcement.