Mississippi Code
Title 71 - Labor and Industry

§ 71-1-55. Discrimination against breast-feeding mother who uses lawful break time to express milk prohibited - No employer shall prohibit an employee from expressing breast milk...

Chapter 3 - Workers' Compensation

General Provisions

§ 71-3-3. Definitions - Unless the context otherwise requires, the definitions which follow govern...

§ 71-3-5. Application - The following shall constitute employers subject to the provisions of...

§ 71-3-9. Exclusiveness of liability - [Effective until July 1, 2021, this section will read:] The...

§ 71-3-9. Exclusiveness of liability - [Effective from and after July 1, 2021, this section will...

§ 71-3-11. Waiting period - No compensation except medical benefits shall be allowed for the...

§ 71-3-17. Compensation for disability - Compensation for disability shall be paid to the employee as...

§ 71-3-19. Maintenance while undergoing vocational rehabilitation - An employee who as a result of injury is or...

§ 71-3-21. Temporary partial disability - In case of temporary partial disability resulting in decrease of...

§ 71-3-23. Hernia - In all cases of claim for hernia, it shall be...

§ 71-3-25. Compensation for death - If the injury causes death, the compensation shall be known...

§ 71-3-27. Aliens - Compensation under this chapter to aliens not residents (or about...

§ 71-3-29. Compromise, commutation, and lump sum payments - Rules of the commission shall govern compromise payments where the...

§ 71-3-31. Determination of wages - Except as otherwise specifically provided, the basis for compensation under...

§ 71-3-33. Guardian for minor or incompetent - The commission may require the appointment by a court of...

§ 71-3-38. Special workers' compensation account for payment - While acting as a self-insurer as authorized by Section 71-3-5,...

§ 71-3-39. Recording and reporting of payments - Every insurance company which transacts the business of compensation insurance...

§ 71-3-41. Invalid agreements - No agreement by an employee to pay any portion of...

§ 71-3-43. Assignment and exemption from claims of creditors - No assignment, release, or commutation of compensation or benefits due...

§ 71-3-45. Compensation a lien against assets - Any person entitled to compensation under the provisions of this...

§ 71-3-47. Determination for claims for compensation - Except as otherwise provided by this chapter, the details of...

§ 71-3-51. Court review of compensation award - The final award of the commission shall be conclusive and...

§ 71-3-53. Continuing jurisdiction of the commission - Upon its own initiative or upon the application of any...

§ 71-3-57. Witnesses and their fees - The commission shall regulate, by rules published and available to...

§ 71-3-63. Fees for legal and other services - In no instance shall the amount recovered by an attorney...

§ 71-3-65. Record of injury or death - Every employer shall keep a record in respect of any...

§ 71-3-66. Confidentiality of records - The noncontroverted case medical reports, rehabilitation counselor reports and psychological...

§ 71-3-67. Reports of injuries - In the event of an injury which shall cause loss...

§ 71-3-69. Penalty for misrepresentation - Any person who willfully makes any false or misleading statement...

§ 71-3-71. Compensation for injuries where third parties are liable - The acceptance of compensation benefits from or the making of...

§ 71-3-73. Second Injury Trust Fund - In every case of compensable death of an employee under...

§ 71-3-77. Insurance policy regulations - The insured may also cancel such a policy on the...

§ 71-3-79. Acceptance of premium by carrier and estoppel - Acceptance of a premium on a policy securing to an...

§ 71-3-81. Notice of coverage - Every employer who has secured compensation under the provisions of...

§ 71-3-85. Workers' compensation commission - The chairman shall be the administrative head of the commission...

§ 71-3-87. Official bond - Members of the commission shall give bond in the sum...

§ 71-3-89. Seal - The commission shall have a seal for authentication of its...

§ 71-3-91. Traveling expenses - Commissioners and employees of the commission shall receive their necessary...

§ 71-3-93. Administrative staff - The commission shall appoint such officers and employees as are...

§ 71-3-97. Collection of civil penalties authorized by chapter; deposit of civil penalties into State General Fund - All civil penalties provided in this chapter, if not voluntarily...

§ 71-3-100. Payment and deposit in State General Fund of funds received by Workers' Compensation Commission; funding of commission expenses - All funds received by the Workers' Compensation Commission, as established...

§ 71-3-101. Registration of insurance companies - Each insurance company and all other carriers which desire to...

§ 71-3-103. Annual report - The commission shall each calendar year make a report to...

§ 71-3-105. Rehabilitation - The commission shall cooperate with federal, state, and local agencies...

§ 71-3-107. Compensation and death benefits for minors illegally employed - Compensation and death benefits shall be double the amount otherwise...

§ 71-3-111. Mississippi Workers' Compensation Assigned Risk Plan; commissioner's duties and responsibilities; temporary joint underwriting association - The purpose of the association shall be to provide a...

§ 71-3-123. Report of commissioner on assigned risk plan and safety programs - The Commissioner of Insurance shall submit a report consisting of...

§ 71-3-125. Workers' compensation claims offices; provision of same services by contract; waiver - The insurance carrier and self-insured employer shall notify the commission...

§ 71-3-127. Use of arbitrators to resolve disputes - The Workers' Compensation Commission may utilize one or more arbitrators...

Mississippi Workers' Compensation Self-Insurer Guaranty Association Law

§ 71-3-151. Title - Sections 71-3-151 through 71-3-181 shall be known and may be...

§ 71-3-153. Purpose and application - The purpose of Sections 71-3-151 through 71-3-181 is to provide...

§ 71-3-155. Workers' compensation self-insurer guaranty association law to be liberally construed - Sections 71-3-151 through 71-3-181 shall be liberally construed to effect...

§ 71-3-157. Definitions - For the purposes of Sections 71-3-151 through 71-3-181, the following...

§ 71-3-159. Workers' Compensation Individual Self-insurer Guaranty Association and Workers' Compensation Group Self-insurer Guaranty Association - The Mississippi Workers' Compensation Self-insurer Guaranty Association created under this...

§ 71-3-173. Examination of association members; powers and duties of the board of directors; detection and prevention of insolvency of members of association - To aid in the detection and prevention of individual self-insurer...

§ 71-3-174. Special assessment plans where association assumes obligations of individual or group self-insurer exceeding the assets of such association - If an association assumes any obligations of an individual self-insurer...

§ 71-3-175. Association subject to examination; annual financial report - The individual association and group association shall be subject to...

§ 71-3-177. Association exempt from fees and taxes - The individual association and group association shall be exempt from...

§ 71-3-179. Immunity from liability - Subject to Section 71-3-174, there shall be no liability on...

§ 71-3-181. Stay of proceedings involving self-insurer in default - All proceedings in which any individual self-insurer in default or...

Drug-Free workplace Workers' Compensation Premium Reduction Act

§ 71-3-201. Title - Sections 71-3-201 through 71-3-225 shall be known and may be...

§ 71-3-203. Legislative Intent - It is the intent of the Legislature to promote drug-free...

§ 71-3-205. Definitions - The following words and terms in Sections 71-3-201 through 71-3-225...

§ 71-3-209. Elements of drug-free workplace program - A drug-free workplace program must contain the following elements: Written...

§ 71-3-211. Employer's written policy statement on substance abuse - A drug-free workplace must provide a written policy statement on...

§ 71-3-213. Qualification as private sector drug-free workplace - In order for an employer's workplace to qualify as a...

§ 71-3-215. Education program on alcohol and drug abuse - An employer must provide all employees with an education program...

§ 71-3-217. Training of supervisory personnel - In order to qualify as a private sector drug-free workplace...

§ 71-3-221. Failure of employer to establish substance abuse program - No cause of action shall arise in favor of any...

§ 71-3-223. Relation to other laws - Nothing in Sections 71-3-201 through 71-3-225 shall be construed to...

§ 71-3-225. Severability - If any provision of Sections 71-3-201 through 71-3-225 or application...

Chapter 5 - Unemployment Compensation

Article 1 - General Provisions

§ 71-5-1. Citation and purpose - This chapter shall be known and may be cited as...

§ 71-5-3. Public policy - As a guide to the interpretation and application of this...

§ 71-5-5. Suspension under federal conditions - The Legislature finds and declares that the existence and continued...

§ 71-5-7. Suspension under state conditions - If at any time the provisions of this chapter requiring...

§ 71-5-9. Refunds upon termination - Refunds provided under Sections 71-5-5 and 71-5-7 shall not be...

§ 71-5-11. Definitions - As used in this chapter, unless the context clearly requires...

§ 71-5-15. Non-liability of state - Benefits shall be deemed to be due and payable under...

§ 71-5-21. Saving clause - The legislature reserves the right to amend or repeal all...

Article 3 - Mississippi Department of Employment Security

§ 71-5-101. Organization - There is established the Mississippi Department of Employment Security, Office...

§ 71-5-107. Executive officer - The department shall administer this chapter through a full-time salaried...

§ 71-5-109. Board of review - There is created a Board of Review consisting of three...

§ 71-5-111. Employment security administration fund - There is created in the State Treasury a special fund...

§ 71-5-112. Funds to clear through state treasury; laws governing expenditures - All funds received by the Mississippi Department of Employment Security...

§ 71-5-113. Funds received from the Social Security Board - All monies received from the Social Security Board or its...

§ 71-5-114. Special employment security administration fund - There is created in the State Treasury a special fund,...

§ 71-5-115. Duties and powers of executive director - It shall be the duty of the executive director to...

§ 71-5-116. Annual report tracking data from contractors to be used to improve workforce training programs - The Mississippi Department of Employment Security will develop an annual...

§ 71-5-117. Regulations and general rules - General rules may be adopted, amended or rescinded by the...

§ 71-5-119. Publication - The department shall cause to be available for distribution to...

§ 71-5-121. Personnel - Subject to other provisions of this chapter, the executive director...

§ 71-5-123. Advisory councils - The executive director shall retain all powers and duties as...

§ 71-5-125. Promotion of employment - The department shall take all appropriate steps to reduce and...

§ 71-5-129. Destruction of useless records - Records hereinafter designated, which are found by the department to...

§ 71-5-131. Privileged communications - All letters, reports, communications, or any other matters, either oral...

§ 71-5-133. Failure to produce records - In any case where an employing unit or any officer,...

§ 71-5-135. Failure to make reports - If any employing unit fails to make any report required...

§ 71-5-137. Oaths and witnesses - In the discharge of the duties imposed by this chapter,...

§ 71-5-139. Subpoenas - In case of contumacy or refusal to obey a subpoena...

§ 71-5-141. Protection against self-incrimination - No person shall be excused from attending and testifying or...

§ 71-5-143. State-federal cooperation - In the administration of this chapter, the department shall cooperate,...

§ 71-5-145. 1235 Echelon Parkway named the Henry J. Kirksey Building - The building located at 1235 Echelon Parkway in Jackson, Mississippi,...

Article 5 - Employment Service

§ 71-5-201. State employment service - The Mississippi State Employment Service is established in the Mississippi...

§ 71-5-203. Financing - All moneys received by this state under the said act...

Article 7 - Contributions

§ 71-5-351. Payment of contributions; participation in the Mississippi Level Payment Plan (MLPP) - In the payment of any contributions, a fractional part of...

§ 71-5-353. Rate of contributions; reduction in contribution rate for certain employers; distribution of contributions; suspension of Workforce Enhancement Training contributions under certain circumstances - 1. Unemployment contributions; 2. Mississippi Workforce Enhancement Training contributions, State...

§ 71-5-355. Modified rates - The CRC shall be computed as the average for the...

§ 71-5-357. Regulations governing nonprofit organizations - Benefits paid to employees of nonprofit organizations shall be financed...

§ 71-5-359. Regulations governing state boards, instrumentalities, and political subdivisions - The reimbursement of benefits paid by the Mississippi Department of...

§ 71-5-363. Interest on past due contributions - Contributions unpaid on the date on which they are due...

§ 71-5-365. Failure to make reports and pay contributions - If any employer fails to make and file any report...

§ 71-5-367. Collection by warrant - If an employer shall file a report in proper form...

§ 71-5-369. Jeopardy assessment and warrant - If the commission has just cause to believe and does...

§ 71-5-371. Liability of sheriff for failure to execute warrant - If any sheriff shall fail to return any warrant directed...

§ 71-5-373. Defaulting employer - An employer liable for contributions under the provisions of this...

§ 71-5-375. Contributions a lien - The contributions required by this chapter shall be a lien...

§ 71-5-377. Priorities under legal dissolutions or distributions - In the event of any distribution of an employer's assets...

§ 71-5-379. Collection by suit - If, after due notice, an employer defaults in any payment...

§ 71-5-381. No injunction allowed to restrain collection - No injunction shall be awarded by any court or judge...

§ 71-5-383. Refunds - The commission is authorized and empowered to refund, without interest,...

§ 71-5-385. Requesting permission to file reports in special format; regulations; penalty - Any employer may request permission to file unemployment compensation wage...

§ 71-5-391. Use of administrative funds for payment of fees associated with receipt of electronic payments - The executive director of the department may use available administrative...

Article 9 - Unemployment Compensation Fund

§ 71-5-451. Establishment and control - There is established as a special fund, separate and apart...

§ 71-5-453. Accounts and deposits - The department shall be the treasurer and custodian of the...

§ 71-5-455. Withdrawals - Monies shall be requisitioned from this state's account in the...

§ 71-5-457. Unemployment trust fund used for payment of administrative expenses - For the purposes of this section, amounts obligated during any...

§ 71-5-459. Management of funds upon discontinuance of unemployment trust fund - The provisions of Sections 71-5-451 through 71-5-459, to the extent...

Article 11 - Benefits

§ 71-5-501. Payment - Wages earned for services defined in Section 71-5-11(I)(15)(g), irrespective of...

§ 71-5-503. Weekly benefit amount - An individual's weekly benefit amount for a benefit year shall...

§ 71-5-505. Weekly compensation for unemployment - In determining whether an eligible individual is unemployed during a...

§ 71-5-507. Duration - Any otherwise eligible individual shall be entitled during any benefit...

§ 71-5-509. Seasonal workers - Click to view Operating Period ofSeasonal Industry Wages Earned in...

§ 71-5-511. Eligibility conditions - An unemployed individual shall be eligible to receive benefits with...

§ 71-5-513. Disqualifications - A. An individual shall be disqualified for benefits: The department...

§ 71-5-515. Filing - Claims for benefits shall be made in accordance with such...

§ 71-5-517. Initial determination - Upon the taking of a claim by the department, an...

§ 71-5-519. Appeals - Unless such appeal is withdrawn, an appeal tribunal appointed by...

§ 71-5-521. Appeal tribunals - To hear and decide appealed claims, the board of review...

§ 71-5-523. Board of review - The Board of Review may on its own motion affirm,...

§ 71-5-525. Procedure - The manner in which appealed claims shall be presented and...

§ 71-5-527. Witness fees - Witnesses subpoenaed pursuant to Sections 71-5-515 through 71-5-533 shall be...

§ 71-5-529. Appeal to courts - Any decision of the Board of Review, in the absence...

§ 71-5-531. Court review - Within ten (10) days after the decision of the Board...

§ 71-5-533. Appeal by commission - The commission shall be authorized to appeal from decisions of...

§ 71-5-535. Waiver of rights void - Any agreement by an individual to waive, release, or commute...

§ 71-5-537. Limitation of fees - No individual claiming benefits shall be charged fees of any...

§ 71-5-539. No assignment of benefits; exemptions - Any assignment, pledge or incumbrance of any right to benefits...

§ 71-5-541. Construction - A. (1) In the administration of this chapter, the department...

§ 71-5-545. Self-Employment Assistance Program - The sum of (a) the allowance paid under this section,...

Chapter 7 - Drug and Alcohol Testing of Employees

§ 71-7-1. Definitions - As used in this chapter, the following terms shall have...

§ 71-7-11. Conduct of confirmation tests - Only laboratories shall conduct confirmation drug and alcohol tests. All...

§ 71-7-21. Promulgation of rules by State Board of Health - The State Board of Health shall adopt rules concerning: Standards...

§ 71-7-29. Application of chapter to employers subject to federal testing laws - This chapter shall not apply to any employer who is...

§ 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...

§ 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...

Chapter 9 - Medical Savings Account Act

§ 71-9-1. Short title - This chapter shall be known and may be cited as...

§ 71-9-3. Definitions - As used in this chapter: "Account administrator" means a state...

§ 71-9-9. Withdrawals from account by account holder - Unencumbered funds that have accumulated in a medical savings account...

Chapter 11 - Employment Protection Act

§ 71-11-1. Legislative findings - The Legislature finds that when illegal immigrants have been sheltered...

Chapter 13 - Prohibition Against Employer Intimidation Act

§ 71-13-1. Short title - This chapter shall be known and cited as the "Prohibition...

§ 71-13-3. Legislative findings - The State of Mississippi is a right to work state...

§ 71-13-9. Relation to First Amendment - Nothing in the provisions of this chapter shall be construed...

§ 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 15 - Mississippi Employment Fairness Act

§ 71-15-1. Short title - This chapter shall be known and may be cited as...

§ 71-15-3. Legislative findings - Employers and employees alike benefit from consistent and established standards...

§ 71-15-5. Definitions - For purposes of this chapter, the following words shall have...

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Mississippi Code Title 71 - Labor and Industry

Mississippi Code
Title 71 - Labor and Industry