Mississippi tip pooling laws & tipped minimum wage
In Mississippi, employers can pay tipped workers $2.13/hr as long as tips bring them to the $7.25 minimum — here's how that works and who can legally share your tips.
| Regular minimum wage | $7.25/hr |
| Minimum cash wage for tipped workers | $2.13/hr |
| Maximum tip credit | $5.12/hr |
| Tips belong to | Employees — always |
A tip credit lets an employer count your tips toward the minimum wage it owes you. Rates reviewed July 2026. Rates change — confirm with the Mississippi labor department. Not legal advice.
What's specific to Mississippi
Mississippi has no state minimum wage law; federal FLSA rules apply directly.
Mississippi has no minimum wage law of its own
Mississippi is one of a handful of states with no minimum-wage statute. The federal Fair Labor Standards Act governs instead, which sets the wage floor at $7.25 an hour. Tipped workers can be paid a cash wage of $2.13, with the employer claiming a tip credit of up to $5.12, as long as tips bring the total to at least $7.25.
Because everything runs on the federal framework, there is no separate state agency setting a higher Mississippi rate. The numbers are the federal numbers.
Cities and counties cannot raise the wage
Mississippi law blocks local governments from setting their own wage rules. Under Mississippi Code Section 17-1-51, no county or municipality may establish a mandatory minimum wage, or require paid vacation or sick days, for private employers.
That means no city in Mississippi can create a higher local minimum or a higher tipped wage the way cities in some other states do. The federal floor applies statewide with no local variation.
If your tips do not reach $7.25, your employer owes the difference
The tip credit does not let your employer pay you below the federal minimum. In any workweek where your $2.13 cash wage plus tips do not average at least $7.25 an hour, your employer must make up the shortfall in that paycheck. You can file a complaint with the U.S. Department of Labor’s Wage and Hour Division.
Tip pooling in Mississippi
Mississippi follows the federal baseline: employers may require tip pooling. If your employer takes the tip credit (pays $2.13/hr cash), the pool may only include customarily tipped workers — servers, bussers, bartenders, runners, hosts. Back-of-house can only be included if everyone is paid full minimum wage with no tip credit. Managers and supervisors are always excluded.
One federal rule applies everywhere: managers and supervisors can never take from a tip pool. Separately, credit card processing fees may only be deducted from tips where state law allows it.
What this means for your tip-out
Because part of your legal wage in Mississippi comes from tips, the employer's tip credit assumes those tips reached you. Use the tip-out calculator to split a shift by your house's percentages or by hours, and see standard tip-out percentages to check whether your house's rates are typical.
Mississippi tip law FAQs
What is the tipped minimum wage in Mississippi?
Employers in Mississippi may pay tipped employees a cash wage of $2.13/hr and claim a tip credit of up to $5.12/hr toward the $7.25 minimum wage. If tips don't close the gap in a workweek, the employer must make up the difference.
Is mandatory tip pooling legal in Mississippi?
Mississippi follows the federal baseline: employers may require tip pooling. If your employer takes the tip credit (pays $2.13/hr cash), the pool may only include customarily tipped workers — servers, bussers, bartenders, runners, hosts. Back-of-house can only be included if everyone is paid full minimum wage with no tip credit. Managers and supervisors are always excluded.
Can my manager take a share of the tip pool in Mississippi?
No. Federal law prohibits managers, supervisors, and owners from keeping any portion of employee tips in every state, including Mississippi. A manager may keep only tips they directly and solely earned (e.g., a table they personally served start to finish).
Can a city or county in Mississippi set a higher minimum wage?
No. Mississippi Code Section 17-1-51 bars counties and municipalities from setting a mandatory minimum wage or benefit rules for private employers, so the federal $7.25 minimum applies everywhere in the state.
Does Mississippi have its own tipped minimum wage?
No. Mississippi has no state minimum-wage law, so the federal rules apply: a $2.13 cash wage with a tip credit of up to $5.12, and your tips must bring you to at least $7.25 an hour.