Mississippi Tipping Laws & Regulations (2026)

Tip Credit Rules

Mississippi allows employers to claim a tip credit of $5.12 per hour (the federal amount), provided that:

• The employee receives tips that, combined with the $2.13 base wage, equal or exceed the $7.25 federal minimum wage
• The employee is customarily tipped (servers, bartenders, cocktail servers, bussers)
• The employee is informed of the tip credit amount before employment begins
• Tips are properly documented and claimed
• If tips fall short in any pay period, the employer must make up the difference immediately

Tip Pooling Regulations

Mississippi allows pooled tip arrangements with clear restrictions:

• Tips may only be pooled among employees who are customarily tipped (servers, bartenders, bussers, food runners)
• Non-tipped employees (kitchen staff, dishwashers) cannot participate in tip pools
• Managers and supervisors cannot take a share of tips unless they regularly perform tipped work
• The tip pool must be reasonable and transparent
• Employees must be informed of the tip pool arrangement in advance

Tip Sharing Policies

While tip sharing is allowed within legal parameters:

• Servers may voluntarily share tips with front-of-house staff (bussers, runners)
• Tips cannot be forcibly shared with non-customarily-tipped positions
• An employer cannot require tips to be shared as a condition of employment
• Each shared arrangement should be documented in writing

Overtime Rules for Tipped Employees

When calculating overtime for tipped employees:

• Overtime is calculated on the full federal minimum wage ($7.25), not the reduced tipped wage
• Tipped employees are entitled to 1.5x the full minimum wage for hours over 40 per week
• This applies regardless of tips received in the pay period
• Gratuity Solutions automatically recalculates for overtime compliance

Record-Keeping Requirements

Mississippi employers must maintain:

• Daily tip records for each employee claiming tip credit
• Documentation of the tip credit policy provided to employees
• Proof of any tip make-up payments when tips fall short
• Records of tip pooling or sharing arrangements and distributions
• These records must be kept for at least 3 years

Unique Provision: No State Minimum Wage

Mississippi is one of the few states without a state minimum wage law. This means the federal $7.25 minimum applies directly. While this simplifies compliance in some ways, it's important for employers to understand that federal FLSA rules take full precedence — there's no state-specific variation to account for.