reglab/statecodes huggingface dataset:
Mississippi Code 1972 (2023) › Title 71 - LABOR AND INDUSTRY (§§ 71-1-1 — 71-17-7) › Chapter 5 - UNEMPLOYMENT COMPENSATION (§§ 71-5-1 — 71-5-547) › Article 11 - BENEFITS (§§ 71-5-501 — 71-5-547) › Section 71-5-537 - Limitation of fees

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, the board of review, their representatives, or a court may be represented by counsel or other duly authorized agent; but no such counsel or agents shall either charge or receive for such services more than an amount approved by the board of review. Any person who violates any provision of this section shall, for each such offense, be fined not less than Fifty Dollars ($50.00) nor more than Five Hundred Dollars ($500.00), or imprisoned for not more than six (6) months, or both.
Codes, 1942, § 7435; Laws, 1936, ch. 176; Laws, 1938, ch. 147.
Mississippi Code 1972 (2023) › Title 71 - LABOR AND INDUSTRY (§§ 71-1-1 — 71-17-7) › Chapter 5 - UNEMPLOYMENT COMPENSATION (§§ 71-5-1 — 71-5-547) › Article 11 - BENEFITS (§§ 71-5-501 — 71-5-547) › Section 71-5-539 - No assignment of benefits; exemptions

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 benefits received by any individual, so long as they are not mingled with other funds of the recipient, shall be exempt from any remedy whatsoever for the collection of all debts except debts incurred for necessities furnished to such individual or his spouse or dependents during the time when such individual was unemployed. Any waiver of any exemption provided in this section shall be void. This section does not apply to the deduction from benefits provided by Section
71-5-516
.
Codes, 1942, § 7436; Laws, 1936, ch. 176; Laws, 1938, ch. 147; Laws, 1982, ch. 480, § 5, eff. 10/1/1982.
Mississippi Code 1972 (2023) › Title 71 - LABOR AND INDUSTRY (§§ 71-1-1 — 71-17-7) › Chapter 5 - UNEMPLOYMENT COMPENSATION (§§ 71-5-1 — 71-5-547) › Article 11 - BENEFITS (§§ 71-5-501 — 71-5-547) › Section 71-5-543 - Authorization to waive recovery of benefits paid to ineligible persons under certain circumstances

(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 unemployment caused by a natural disaster which is declared by the President of the United States in accordance with Section 401 of the Robert T. Stafford Disaster Relief and Emergency Assistance Act. All waivers shall be granted based upon a consistent methodology and shall include consideration of ability to repay and other similar considerations.
(2)
The waiver authorized in subsection (1) of this section shall not be granted if:
(a)
The individual receiving the benefit is found to be guilty of fraud involving filing for, or receipt of, the benefits; or
(b)
The size of fund index (as defined in Section
71-5-355
) for the year in which a request for a waiver is made is less than five-tenths (.5).
(3)
All waiver requests shall be considered on a case by case basis.
Laws, 2007, ch. 606, § 2, eff. 7/1/2007.
Mississippi Code 1972 (2023) › Title 71 - LABOR AND INDUSTRY (§§ 71-1-1 — 71-17-7) › Chapter 7 - DRUG AND ALCOHOL TESTING OF EMPLOYEES (§§ 71-7-1 — 71-7-33) › Section 71-7-5 - Conduct of testing generally; authorized types of tests

(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 chapter.
(2)
An employer is authorized to conduct the following types of drug and alcohol tests:
(a)
Employers may require job applicants to submit to a drug and alcohol test as a condition of the employment application and may use a refusal to submit to a test or positive confirmed test result as a basis for refusal to hire.
(b)
An employer may require all employees to submit to reasonable suspicion drug and alcohol testing. There is created a rebuttable presumption that the employer had reasonable suspicion to test for drugs if the specimen provided by the employee tested positive for drugs in a confirmatory drug test.
(c)
An employer may require all employees to submit to neutral selection drug and alcohol testing pursuant to Section
71-7-9
.
(d)
An employer may administer drug and alcohol testing or require that the employee submit himself to drug and alcohol testing as provided under Section
71-3-121
in the event that the employee sustains an injury at work or asserts a work-related injury.
Laws, 1991, ch. 610, § 3; reenacted and codified, Laws, 1994, ch. 323, § 3; Laws, 2012, ch. 522, § 9, eff. 7/1/2012.
Mississippi Code 1972 (2023) › Title 71 - LABOR AND INDUSTRY (§§ 71-1-1 — 71-17-7) › Chapter 7 - DRUG AND ALCOHOL TESTING OF EMPLOYEES (§§ 71-7-1 — 71-7-33) › Section 71-7-7 - Neutral selection drug and alcohol testing; routine testing; testing of employees participating in rehabilitation

(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 testing.
(2)
Subject to the provisions of this chapter, any government employer may require as a condition of employment or as a condition of continued employment that employees submit to neutral selection drug and alcohol testing; provided, however, that the employees tested and the criteria for such testing shall be determined by the government employer, based upon the extent to which the government employer:
(a)
Is engaged in law enforcement;
(b)
Has national or state security responsibilities;
(c)
Has drug interdiction responsibilities; or
(d)
Has positions which:
(i)
Authorize employees to carry firearms;
(ii)
Give employees access to sensitive information;
(iii)
Authorize employees to engage in law enforcement;
(iv)
Require employees, as a condition of employment, to obtain a security clearance; or
(v)
Require employees to engage in activities affecting public health or safety.
(3)
An employer may require an employee to submit to a drug and alcohol test if the test is conducted as part of a routinely scheduled employee fitness for duty medical examination that is part of the employer's established policy and/or which is scheduled routinely for all members of an employment classification or group.
(4)
An employer may require an employee to submit to neutral selection or routine drug and alcohol tests if the employee in the course of his employment enters a drug abuse rehabilitation program, and as a follow-up to such rehabilitation, or if previous drug and alcohol testing of the employee within a twelve-month period resulted in a positive confirmed test result, or the drug and alcohol test is conducted in accordance with the terms of an applicable collective bargaining agreement or contract that permits the employer to administer drug and alcohol tests on a neutral selection or routine basis.
(5)
If an employee is participating in drug abuse rehabilitation, drug and alcohol testing may be conducted by the rehabilitation provider as deemed appropriate by the provider.
Laws, 1991, ch. 610, § 4; reenacted and codified, Laws, 1994, ch. 323, § 4, eff. 3/14/1994.
Mississippi Code 1972 (2023) › Title 71 - LABOR AND INDUSTRY (§§ 71-1-1 — 71-17-7) › Chapter 7 - DRUG AND ALCOHOL TESTING OF EMPLOYEES (§§ 71-7-1 — 71-7-33) › Section 71-7-11 - Conduct of confirmation tests

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 confirmation drug and alcohol test.
Laws, 1991, ch. 610, § 6; reenacted and codified, Laws, 1994, ch. 323, § 6; Laws, 2002, ch. 432, § 4, eff. 7/1/2002.
Mississippi Code 1972 (2023) › Title 71 - LABOR AND INDUSTRY (§§ 71-1-1 — 71-17-7) › Chapter 7 - DRUG AND ALCOHOL TESTING OF EMPLOYEES (§§ 71-7-1 — 71-7-33) › Section 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

(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 disclosed in any public or private proceedings, except in accordance with this chapter.
(2)
Any information obtained by an employer pursuant to this chapter shall be the property of the employer.
(3)
An employer shall not release to any person other than the employee or job applicant, or employer medical, supervisory or other personnel, as designated by the employer on a need to know basis, information related to drug and alcohol test results unless:
(a)
The employee or job applicant has expressly, in writing, granted permission for the employer to release such information;
(b)
It is necessary to introduce a positive confirmed test result into an arbitration proceeding pursuant to a collective bargaining agreement, an administrative hearing under applicable state or local law, or a judicial proceeding, provided that information is relevant to the hearing or proceeding, or the information must be disclosed to a federal or state agency or other unit of the state or United States government as required under law, regulation or order, or in accordance with compliance requirements of a state or federal government contract, or disclosed to a drug abuse rehabilitation program for the purpose of evaluation or treatment of an employee; or
(c)
There is a risk to public health or safety that can be minimized or prevented by the release of such information; provided, however, that unless such risk is immediate, a court order permitting the release shall be obtained prior to the release of the information.
(4)
The confidentiality provisions provided for in this section shall not apply to other parts of an employee's or job applicant's personnel or medical files.
(5)
If an employee refuses to sign a written consent form for release of information to persons as permitted in this chapter, the employer shall not be barred from discharging or disciplining the employee.
Laws, 1991, ch. 610, § 8; reenacted and codified, Laws, 1994, ch. 323, § 8, eff. 3/14/1994.
Mississippi Code 1972 (2023) › Title 71 - LABOR AND INDUSTRY (§§ 71-1-1 — 71-17-7) › Chapter 7 - DRUG AND ALCOHOL TESTING OF EMPLOYEES (§§ 71-7-1 — 71-7-33) › Section 71-7-17 - [Repealed]

Repealed by Laws, 2002, ch. 432, § 5, eff. 7/1/2002.
Laws, 1991, ch. 610, § 9; reenacted and codified, Laws, 1994, ch. 323, § 9, eff. 3/14/1994.
Mississippi Code 1972 (2023) › Title 71 - LABOR AND INDUSTRY (§§ 71-1-1 — 71-17-7) › Chapter 7 - DRUG AND ALCOHOL TESTING OF EMPLOYEES (§§ 71-7-1 — 71-7-33) › Section 71-7-19 - Disclosure and contents of laboratory test result reports

(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 identification of the person tested;
(b)
Any positive confirmed drug and alcohol test results on a specimen which tested positive on an initial test, or a negative drug and alcohol test result on a specimen; provided, however, that reports should not make reference to initial or confirmatory tests when reporting positive or negative results;
(c)
A list of the drugs tested for;
(d)
The type of tests conducted for both initial and confirmation tests and the cut-off levels of the tests; and
(e)
The report shall not disclose the presence or absence of any physical or mental condition or of any drug other than the specific drug and its metabolites that an employer requests to be identified.
Laws, 1991, ch. 610, § 10; reenacted and codified, Laws, 1994, ch. 323, § 10, eff. 3/14/1994.
Mississippi Code 1972 (2023) › Title 71 - LABOR AND INDUSTRY (§§ 71-1-1 — 71-17-7) › Chapter 7 - DRUG AND ALCOHOL TESTING OF EMPLOYEES (§§ 71-7-1 — 71-7-33) › Section 71-7-21 - Promulgation of rules by State Board of Health

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 to ensure reliable drug and alcohol testing results, including standards for initial tests and confirmatory tests;
(d)
Guidelines on how to establish cut-off detection levels for drugs or their metabolites for the purposes of determining a positive test result;
(e)
Chain-of-custody procedures to ensure proper identification, labeling and handling of specimens being tested; and
(f)
Retention and storage procedures to ensure reliable results on confirmation tests and retests.
Laws, 1991, ch. 610, § 11; reenacted and codified, Laws, 1994, ch. 323, § 11, eff. 3/14/1994.
Mississippi Code 1972 (2023) › Title 71 - LABOR AND INDUSTRY (§§ 71-1-1 — 71-17-7) › Chapter 7 - DRUG AND ALCOHOL TESTING OF EMPLOYEES (§§ 71-7-1 — 71-7-33) › Section 71-7-23 - Civil actions for damages and injunctive relief for violations of chapter authorized; award of attorney fees

(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 of this chapter.
(3)
A person or collective bargaining agent may bring an action under this section only after first exhausting all applicable grievance procedures and arbitration proceeding requirements under a collective bargaining agreement; provided, however, that the person's right to bring an action under this section shall not be affected by a decision of a collective bargaining agent not to pursue a grievance.
(4)
If a violation of this chapter is found and damages are awarded, reasonable attorney fees may be awarded to the person if the court or arbitrator finds that an employer has knowingly or recklessly violated this chapter.
Laws, 1991, ch. 610, § 12; reenacted and codified, Laws, 1994, ch. 323, § 12, eff. 3/14/1994.
Mississippi Code 1972 (2023) › Title 71 - LABOR AND INDUSTRY (§§ 71-1-1 — 71-17-7) › Chapter 7 - DRUG AND ALCOHOL TESTING OF EMPLOYEES (§§ 71-7-1 — 71-7-33) › Section 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

(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 barred from obtaining the relief provided for in subsection (2) of this section.
(2)
Relief for violations of this chapter shall be limited to:
(a)
An injunction to restrain the continued violation of this chapter;
(b)
The reinstatement of the person to the same position held before the unlawful drug and alcohol testing, disciplinary action or discharge, or to an equivalent position;
(c)
The reinstatement of full employee benefits and seniority rights;
(d)
Compensation for lost wages, benefits and other remuneration to which the person would have been entitled but for a violation of this chapter;
(e)
Payment by the employer of reasonable costs.
(3)
Any employer who complies with the provisions of this chapter shall be without liability from all civil actions arising from any drug and alcohol testing programs or procedures performed in compliance with this chapter.
(4)
Pursuant to any claim alleging a violation of this chapter, including a claim under this chapter in which it is alleged that an employer's action with respect to a person was based on an incorrect test result, there shall be a rebuttable presumption that the test result was valid if the employer complied with the provisions of this chapter.
(5)
No cause of action for defamation of character, libel, slander or damage to reputation arises in favor of any person against an employer who has established a program of drug and alcohol testing in accordance with this chapter, unless:
(a)
Information regarded as confidential is released not in accordance with an information release form signed by the person or otherwise not in accordance with this chapter;
(b)
The information disclosed was based on an incorrect test result;
(c)
The incorrect test result was disclosed with malice; and
(d)
All other elements of an action for defamation of character, libel, slander or damage to reputation as established by statute or common law, are satisfied.
(6)
No cause of action shall arise in favor of any person based upon the failure of an employer to establish a program or policy for drug and alcohol testing.
Laws, 1991, ch. 610, § 13; reenacted and codified, Laws, 1994, ch. 323, § 13, eff. 3/14/1994.
Mississippi Code 1972 (2023) › Title 71 - LABOR AND INDUSTRY (§§ 71-1-1 — 71-17-7) › Chapter 7 - DRUG AND ALCOHOL TESTING OF EMPLOYEES (§§ 71-7-1 — 71-7-33) › Section 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

(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 Section
71-7-3(1)
, and in the job applicant notification provided for in Section
71-7-3(4)
, a specific statement that the employer's policy is being implemented pursuant to the provisions of this chapter. In the event a private employer makes such an election, the private employer and its employees and job applicants shall have the rights and obligations available to a private employer and its employees and job applicants under this chapter. A private employer who has made such an election may rescind such election by posting a written and dated notice in an appropriate and conspicuous location on the employer's premises, which notice shall state that the employer's employee drug and alcohol testing policy or program will no longer be conducted pursuant to this chapter. As to employees, the rescission of such election shall become effective no earlier than ten (10) working days after the date of the posted notice. As to job applicants, an employer may rescind such election without notice to such job applicant.
(2)
Any private employer who does not make such an election or who rescinds an election previously made will be deemed to not be conducting an employee drug and alcohol testing policy or program pursuant to the provisions of this chapter, and in that event the rights and obligations of the employer and its employees and job applicants will not in any way be subject to or affected by the provisions of this chapter, but will instead be governed by applicable principles of contract or common law.
Laws, 1991, ch. 610, § 14; reenacted and codified, Laws, 1994, ch. 323, § 14, eff. 3/14/1994.
Mississippi Code 1972 (2023) › Title 71 - LABOR AND INDUSTRY (§§ 71-1-1 — 71-17-7) › Chapter 7 - DRUG AND ALCOHOL TESTING OF EMPLOYEES (§§ 71-7-1 — 71-7-33) › Section 71-7-29 - Application of chapter to employers subject to federal testing laws

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.
Laws, 1991, ch. 610, § 15; reenacted and codified, Laws, 1994, ch. 323, § 15, eff. 3/14/1994.
Mississippi Code 1972 (2023) › Title 71 - LABOR AND INDUSTRY (§§ 71-1-1 — 71-17-7) › Chapter 7 - DRUG AND ALCOHOL TESTING OF EMPLOYEES (§§ 71-7-1 — 71-7-33) › Section 71-7-31 - Private employer establishing testing program not deemed agent or instrument of the state

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 political subdivision thereof.
Laws, 1991, ch. 610, § 16; reenacted and codified, Laws, 1994, ch. 323, § 16, eff. 3/14/1994.
Mississippi Code 1972 (2023) › Title 71 - LABOR AND INDUSTRY (§§ 71-1-1 — 71-17-7) › Chapter 7 - DRUG AND ALCOHOL TESTING OF EMPLOYEES (§§ 71-7-1 — 71-7-33) › Section 71-7-33 - Requirement of abstention from use of tobacco products during nonworking hours as condition of employment prohibited

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 policies regulating smoking on the premises of the employer during working hours.
Laws, 1991, ch. 610, § 17; reenacted and codified, Laws, 1994, ch. 323, § 17, eff. 3/14/1994.
Mississippi Code 1972 (2023) › Title 71 - LABOR AND INDUSTRY (§§ 71-1-1 — 71-17-7) › Chapter 9 - MEDICAL SAVINGS ACCOUNT ACT (§§ 71-9-1 — 71-9-9) › Section 71-9-1 - Short title

This chapter shall be known and may be cited as the "Medical Savings Account Act."
Laws, 1994, ch. 468, § 1; reenacted and amended, Laws, 1997, ch. 606, § 3, eff. 4/24/1997.
Mississippi Code 1972 (2023) › Title 71 - LABOR AND INDUSTRY (§§ 71-1-1 — 71-17-7) › Chapter 9 - MEDICAL SAVINGS ACCOUNT ACT (§§ 71-9-1 — 71-9-9) › Section 71-9-5 - Authority to establish medical savings account; limits on deductible amounts contributed to account; interest earned on account excluded from gross income

(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.
(2)
An employer that previously did not provide an accident and health insurance policy, certificate or contract for his or her employees may establish a medical savings account program. In this case, the premium reduction referred to in Section
71-9-3(j)(ii)
shall be based on the cost of similar coverage with a Five Hundred Dollar ($500.00) deductible.
(3)
A resident individual may establish a medical savings account for the benefit of himself or herself and his or her dependents. Contributions to a medical savings account established by a resident individual for a tax year shall not exceed the allowable deductible for a qualified higher deductible health plan.
(4)
Except as otherwise provided by law, the principal contributed and the interest earned on a medical savings account shall be excluded from the taxable gross income of the account holder under Section
27-7-15
.
Laws, 1994, ch. 468, § 3; reenacted without change, Laws, 1997, ch. 606, § 5, eff. 4/24/1997.
Mississippi Code 1972 (2023) › Title 71 - LABOR AND INDUSTRY (§§ 71-1-1 — 71-17-7) › Chapter 9 - MEDICAL SAVINGS ACCOUNT ACT (§§ 71-9-1 — 71-9-9) › Section 71-9-7 - Use of funds in account; distribution of funds in account upon death of account holder

(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 and health insurance policy, certificate or contract if the account holder would not otherwise have accident and health insurance coverage.
(2)
The account holder may submit documentation for eligible medical expenses paid by the account holder during a tax year to the account administrator, and the account administrator shall reimburse the account holder for the eligible medical expenses out of the medical savings account.
(3)
Upon the death of the account holder, the account administrator shall distribute the principal and accumulated interest of the medical savings account to the estate of the account holder, unless the account holder has designated a beneficiary in writing to the account administrator, in which case the accountant administrator shall make such distribution to the designated beneficiary.
Laws, 1994, ch. 468, § 4; reenacted without change, Laws, 1997, ch. 606, § 6, eff. 4/24/1997.
Mississippi Code 1972 (2023) › Title 71 - LABOR AND INDUSTRY (§§ 71-1-1 — 71-17-7) › Chapter 9 - MEDICAL SAVINGS ACCOUNT ACT (§§ 71-9-1 — 71-9-9) › Section 71-9-9 - Withdrawals from account by account holder

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 shall be considered gross income as provided in Section
27-7-17
, Mississippi Code of 1972.
Laws, 1994, ch. 468, § 5; reenacted without change, Laws, 1997, ch. 606, § 7, eff. 4/24/1997.
Mississippi Code 1972 (2023) › Title 71 - LABOR AND INDUSTRY (§§ 71-1-1 — 71-17-7) › Chapter 11 - EMPLOYMENT PROTECTION ACT (§§ 71-11-1 — 71-11-3) › Section 71-11-1 - Legislative findings

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 law, undermine the security of our borders, and impermissibly restrict the privileges and immunities of the citizens of Mississippi. The Legislature further finds that illegal immigration is encouraged when public agencies within this state provide public benefits without verifying immigration status. The Legislature further finds that the Tenth Amendment to the United States Constitution reserves to the states those powers not delegated to the United States by the Constitution. Therefore, the Legislature declares that it is a compelling public interest of this state to discourage illegal immigration by requiring all agencies within this state to fully cooperate with federal immigration authorities in the enforcement of federal immigration laws. The Legislature also finds that other measures are necessary to ensure the integrity of various governmental programs and services.
Laws, 2008, ch. 312, § 1.
Mississippi Code 1972 (2023) › Title 71 - LABOR AND INDUSTRY (§§ 71-1-1 — 71-17-7) › Chapter 13 - PROHIBITION AGAINST EMPLOYER INTIMIDATION ACT (§§ 71-13-1 — 71-13-11) › Section 71-13-1 - Short title

This chapter shall be known and cited as the "Prohibition Against Employer Intimidation Act."
Added by Laws, 2014, ch. 497, SB 2473, 1, eff. 7/1/2014.
Mississippi Code 1972 (2023) › Title 71 - LABOR AND INDUSTRY (§§ 71-1-1 — 71-17-7) › Chapter 13 - PROHIBITION AGAINST EMPLOYER INTIMIDATION ACT (§§ 71-13-1 — 71-13-11) › Section 71-13-3 - Legislative findings

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 employment. The State of Mississippi recognizes the importance and necessity of fostering economic development and job creation. Intimidation and coercion against any business, can make the state an unwelcoming and dangerous place for new business and job growth. Intimidation, extortion, and coercion are illegal and present a substantial risk to public safety and the well-being of the state's citizens, workers and businesses; and certain limited and reasonable restrictions are deemed necessary to protect our citizens from these harms.
Added by Laws, 2014, ch. 497, SB 2473, 2, eff. 7/1/2014.
Mississippi Code 1972 (2023) › Title 71 - LABOR AND INDUSTRY (§§ 71-1-1 — 71-17-7) › Chapter 13 - PROHIBITION AGAINST EMPLOYER INTIMIDATION ACT (§§ 71-13-1 — 71-13-11) › Section 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

(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 exercising their rights, which are protected by state and federal law, in an effort to obtain something of value for a public or private organization, corporation, union, agency or other entity, including, but not limited to, a neutrality agreement, card check agreement, collective bargaining recognition or other objective of an organized initiative;
(b)
Restrict a business, a union, or the owners or employees of a business, from exercising their rights, which are protected under state and federal law, in an effort to obtain something of value for a public or private organization, corporation, union, agency or other entity.
(c)
Conspire with another, for the purpose of disrupting lawful commerce in places of business, where such activity constitutes an assault or causes physical injury to any individual, located in or around the place of business.
(2)
For purposes of this section, "something of value" includes, but is not limited to, a neutrality agreement, card check agreement, recognition or any other objective that is motivating such activities.
Added by Laws, 2014, ch. 497, SB 2473, 3, eff. 7/1/2014.
Mississippi Code 1972 (2023) › Title 71 - LABOR AND INDUSTRY (§§ 71-1-1 — 71-17-7) › Chapter 13 - PROHIBITION AGAINST EMPLOYER INTIMIDATION ACT (§§ 71-13-1 — 71-13-11) › Section 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

(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, business, trade or occupation; or
(b)
The person damages or otherwise marks the property owner's merchandise.
(2)
Any person who organizes, coordinates, controls, supervises, finances, manages, aids or abets any of the activities prohibited by subsection (1) of this section shall be charged and suffer the same penalties as the person, organization, corporation, union, agency or other entity.
Added by Laws, 2014, ch. 497, SB 2473, 4, eff. 7/1/2014.
Mississippi Code 1972 (2023) › Title 71 - LABOR AND INDUSTRY (§§ 71-1-1 — 71-17-7) › Chapter 13 - PROHIBITION AGAINST EMPLOYER INTIMIDATION ACT (§§ 71-13-1 — 71-13-11) › Section 71-13-9 - Relation to First Amendment

Nothing in the provisions of this chapter shall be construed to infringe and impede upon any individual's First Amendment rights.
Added by Laws, 2014, ch. 497, SB 2473, 5, eff. 7/1/2014.
Mississippi Code 1972 (2023) › Title 71 - LABOR AND INDUSTRY (§§ 71-1-1 — 71-17-7) › Chapter 13 - PROHIBITION AGAINST EMPLOYER INTIMIDATION ACT (§§ 71-13-1 — 71-13-11) › Section 71-13-11 - Award of damages in civil action under provisions of this chapter under certain circumstances

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 to any other damages otherwise authorized by law.
Added by Laws, 2014, ch. 497, SB 2473, 6, eff. 7/1/2014.
Mississippi Code 1972 (2023) › Title 71 - LABOR AND INDUSTRY (§§ 71-1-1 — 71-17-7) › Chapter 15 - MISSISSIPPI EMPLOYMENT FAIRNESS ACT (§§ 71-15-1 — 71-15-9) › Section 71-15-1 - Short title

This chapter shall be known and may be cited as the "Mississippi Employment Fairness Act."
Added by Laws, 2014, ch. 499, SB 2797, 1, eff. 7/1/2014.
Mississippi Code 1972 (2023) › Title 71 - LABOR AND INDUSTRY (§§ 71-1-1 — 71-17-7) › Chapter 15 - MISSISSIPPI EMPLOYMENT FAIRNESS ACT (§§ 71-15-1 — 71-15-9) › Section 71-15-3 - Legislative findings

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 employers without limiting the employer's ability to maintain a secure, safe and productive workplace, including, but not limited to, Title VII of the Civil Rights Act of 1964, the Age Discrimination in Employment Act, the Americans with Disabilities Act, the Equal Pay Act and the Genetic Information Nondiscrimination Act.
Mississippi is a right-to-work state and is governed by the right-to-work laws. Such laws are premised on the belief of free choice whereby employees have a right to freely decide whether to join, be represented by, or financially support a union or employee organization. A labor neutrality agreement is used as a tool to pressure company ownership and management to agree to union demands before the union approaches or involves affected employees, which is unfair to the employer as well as the employee or potential employee. This state recognizes that these agreements have become increasingly common in recent years. As a result of this increase, the need to regulate the use of such agreements is necessary to ensure that both the employer and employee are treated in the fairest way possible.
Added by Laws, 2014, ch. 499, SB 2797, 2, eff. 7/1/2014.
Mississippi Code 1972 (2023) › Title 71 - LABOR AND INDUSTRY (§§ 71-1-1 — 71-17-7) › Chapter 15 - MISSISSIPPI EMPLOYMENT FAIRNESS ACT (§§ 71-15-1 — 71-15-9) › Section 71-15-5 - Definitions

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 independent contractor.
(b)
"Employer" means a person, association, or legal or commercial entity receiving services from an employee and, in return, giving compensation of any kind to such employee.
(c)
"Discrimination" means when an employer takes an action or makes a distinction adversely affecting an employee or job applicant based on the group, class, or category to which that person belongs.
(d)
"Federal labor laws" mean the National Labor Relations Act, compiled in 29 USCS, Section 151 et seq., and the Labor Management Relations Act, compiled in 29 USCS, Section 141 et seq., as amended, presidential executive orders, federal administrative regulations relating to labor and management or employee and employer issues, and the United States Constitution as amended.
(e)
"Multiemployer association" means a bargaining unit composed of independent employers who associate together to negotiate jointly with one (1) or more labor organizations representing the employees of the independent employers within the bargaining unit.
(f)
"Labor peace agreement" means an arrangement between a union and employer under which one (1) or both entities agree to waive certain rights under federal law with regard to union organizing and related activity.
(g)
"Project labor agreement" means a collective bargaining agreement with one (1) or more labor unions that establishes the terms and conditions of employment for a specific construction project, before employees are hired to work on such project.
(h)
"State," for the purposes of this chapter, means the Mississippi Legislature.
Added by Laws, 2014, ch. 499, SB 2797, 3, eff. 7/1/2014.
Mississippi Code 1972 (2023) › Title 71 - LABOR AND INDUSTRY (§§ 71-1-1 — 71-17-7) › Chapter 15 - MISSISSIPPI EMPLOYMENT FAIRNESS ACT (§§ 71-15-1 — 71-15-9) › Section 71-15-7 - State retains exclusive authority to regulate certain labor agreements; effect of violation of this section

(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 labor laws, including, but not limited to, any limitations on an employer or multiemployer association's rights to engage in collective bargaining with a labor organization, to lock out employees, or to operate during a work stoppage; however, this subsection shall not invalidate or otherwise restrict the state from requiring the use of project labor agreements to the extent permissible under federal labor laws.
(2)
This section shall be interpreted and enforced in a manner that is consistent with the National Labor Relations Act, compiled in 29 USCS, Section 151 et seq.
(3)
Any agreement, contract, understanding or practice, written or oral, implied or expressed, between any employer and any labor organization containing requirements in violation of this section is declared to be unlawful, null and void, and of no legal effect.
(4)
An employer or employee may seek injunctive relief in the Chancery Court of Hinds County, Mississippi, for violations of the provisions of this section.
Added by Laws, 2014, ch. 499, SB 2797, 4, eff. 7/1/2014.
Mississippi Code 1972 (2023) › Title 71 - LABOR AND INDUSTRY (§§ 71-1-1 — 71-17-7) › Chapter 15 - MISSISSIPPI EMPLOYMENT FAIRNESS ACT (§§ 71-15-1 — 71-15-9) › Section 71-15-9 - Authority to require employer or multiemployer association to enter into project labor agreement; relation to National Labor Relations Act

(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 Section 151 from entering into agreements or engaging in any other activity protected by law. This section may not be interpreted to interfere with the labor relations of persons covered by the National Labor Relations Act.
(3)
Relief that would interfere with the labor relations of persons covered by the National Labor Relations Act may not be granted under the provisions of this section.
Added by Laws, 2014, ch. 499, SB 2797, 5, eff. 7/1/2014.
Mississippi Code 1972 (2023) › Title 71 - LABOR AND INDUSTRY (§§ 71-1-1 — 71-17-7) › Chapter 17 - MISSISSIPPI EQUAL PAY FOR EQUAL WORK ACT (§§ 71-17-1 — 71-17-7) › Section 71-17-1 - Short title

The provisions of this chapter shall be known and may be cited as the "Mississippi Equal Pay for Equal Work Act".
Added by Laws, 2022, ch. 490, HB 770,§ 1, eff. 7/1/2022.
Mississippi Code 1972 (2023) › Title 71 - LABOR AND INDUSTRY (§§ 71-1-1 — 71-17-7) › Chapter 17 - MISSISSIPPI EQUAL PAY FOR EQUAL WORK ACT (§§ 71-17-1 — 71-17-7) › Section 71-17-3 - Definitions

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 by an employer, including individuals employed by the state or any of its political subdivisions or instrumentalities of subdivisions.
(b)
"Employer" means any person who employs five (5) or more employees.
(c)
"Wage" means and includes all compensation paid by an employer or his or her agent for the performance of service by an employee, including the cash value of all compensation paid in any medium other than cash.
(d)
"Rate" with reference to wages means the basis of compensation for services by an employee for an employer and includes compensation based on time spent in the performance of such services, on the number of operations accomplished, or on the quality produced or handled.
(e)
"Unpaid wages" means the difference between the wages actually paid to an employee and the wages required to be paid to an employee as provided in this chapter.
(f)
"Skill" means and shall be measured by factors such as experience, ability, education and training that are required to perform a job.
(g)
"Effort" means the amount of physical or mental exertion needed to perform a job.
(h)
"Responsibility" means the degree of accountability required to perform the job.
(i)
"Working Conditions" means and includes the following two (2) factors:
(i)
The physical surroundings of a job including, but not limited to, temperature, fumes and ventilation; and
(ii)
The hazards of the job.
Added by Laws, 2022, ch. 490, HB 770,§ 2, eff. 7/1/2022.
Mississippi Code 1972 (2023) › Title 71 - LABOR AND INDUSTRY (§§ 71-1-1 — 71-17-7) › Chapter 17 - MISSISSIPPI EQUAL PAY FOR EQUAL WORK ACT (§§ 71-17-1 — 71-17-7) › Section 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

(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 under similar working conditions, except where payment is made pursuant to differential based on:
(a)
A seniority system;
(b)
A merit system;
(c)
A system which measures earnings by quantity or quality of production; or
(d)
Any other factor other than sex. "Any other factor other than sex" shall include, but not be limited to, the following factors:
(i)
The salary history or continuity of employment history demonstrated by the employee as compared to employees of the opposite sex in the same establishment;
(ii)
The extent to which there was competition with other employers for the employee's services as compared to employees of the opposite sex in the same establishment; and
(iii)
The extent to which the employee attempted to negotiate for higher wages as compared to employees of the opposite sex in the same establishment.
(2)
(a)
The provisions of this chapter may be enforced by private action in a civil suit in the circuit court in the county in Mississippi where the cause of action occurred pursuant to the Mississippi Rules of Civil Procedure.
(b)
If an employer is found to have violated the provisions of subsection (1) of this section, the employee shall be awarded reasonable attorney's fees, prejudgment interest, back pay and costs of the action.
(3)
An employer who is paying a wage differential in violation of this chapter shall not, in order to comply with this chapter, reduce the wage rate of any employee.
(4)
No employer may discharge, discriminate or in any way retaliate against any employee by reason of any action taken by the employee to invoke or assist in any manner the enforcement of this chapter.
Added by Laws, 2022, ch. 490, HB 770,§ 3, eff. 7/1/2022.
Mississippi Code 1972 (2023) › Title 71 - LABOR AND INDUSTRY (§§ 71-1-1 — 71-17-7) › Chapter 17 - MISSISSIPPI EQUAL PAY FOR EQUAL WORK ACT (§§ 71-17-1 — 71-17-7) › Section 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

(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 action may not be maintained under this chapter. If an employee brings a claim under this chapter, then later initiates a claim under the Equal Pay Act of 1963, the action brought under this chapter shall be dismissed with prejudice. An employee who seeks relief under this chapter must first waive any right to relief under the Equal Pay Act of 1963.
(3)
(a)
For any action under this chapter, published precedents of the United States Supreme Court, the United States Court of Appeals for the Fifth Circuit and federal district courts embracing the circuit court in which any action under this chapter is pending, deciding cases under the Equal Pay Act of 1963, after which this chapter is patterned, shall be considered mandatory authority and shall be followed by the circuit court in which the action is pending, until there is a contrary ruling interpreting this chapter by the Mississippi Supreme Court or the Mississippi Court of Appeals.
(b)
If any section, paragraph, sentence, clause, phrase or any part of this chapter passed is declared to be unconstitutional or void, or if for any reason is declared to be invalid or of no effect, the remaining sections, paragraphs, sentences, clauses, phrases or parts thereof shall be in no manner affected thereby but shall remain in full force and effect.
Added by Laws, 2022, ch. 490, HB 770,§ 4, eff. 7/1/2022.
Mississippi Code 1972 (2023) › Title 73 - PROFESSIONS AND VOCATIONS (§§ 73-1-1 — 73-79-1) › Chapter 1 - ARCHITECTS (§§ 73-1-1 — 73-1-45) › Section 73-1-1 - License required

In order to safeguard life, health and property, no person shall practice architecture in this state, or use the title "architect," or any prefix, suffix or other form thereof, or any title, sign, card or device to indicate that such person is practicing architecture, or is an architect, unless such person shall have secured from the board a license as hereinafter set forth, as architect, in the manner hereinafter provided, and shall thereafter comply with the provisions of this chapter.
Codes, 1942, § 8632-01; Laws, 1954, ch. 320, § 1; Laws, 1976, ch. 363, § 1; reenacted, Laws, 1983, ch. 377, § 1, eff. 7/1/1983.
Mississippi Code 1972 (2023) › Title 73 - PROFESSIONS AND VOCATIONS (§§ 73-1-1 — 73-79-1) › Chapter 1 - ARCHITECTS (§§ 73-1-1 — 73-1-45) › Section 73-1-3 - Definitions

For purposes of this chapter, the following terms shall have the meaning ascribed herein unless the context otherwise requires:
(a)
"Board" means the State Board of Architecture.
(b)
"Architect" means a person who engages in the practice of architecture as hereinafter defined.
(c)
A person engaging in the practice of architecture, within the meaning and intent of this chapter, is one who holds himself out as able to perform any professional service such as planning, design, including aesthetic and structural designs, and consultation in connection therewith, or responsible inspection of construction, in connection with (except as specifically exempted herein) any buildings, structures, or projects, or the equipment or utilities thereof, or the accessories thereto, wherein the safeguarding of life, health or property is concerned or involved, when such professional service requires the application of the art and science of construction based upon the principles of mathematics, aesthetics, functional planning, and the physical sciences; provided that nothing in this definition shall be construed as encompassing or limiting the practice of engineering as that practice is provided for under the laws of this state.
(d)
"Registrant" means architect or registered architect.
Codes, 1942, §§ 8632-02, 8632-20; Laws, 1954, ch. 320, §§ 2, 20; Laws, 1976, ch. 363, § 2; reenacted, Laws, 1983, ch. 377, § 2; Laws, 1988, ch. 578, § 1, eff. 7/1/1988.