MCA Chapter 1

in effect

Miss. Code Ann. § 71-1-1 Occupational health and safety program.

The state board of health is authorized to establish an occupational health and safety program and is empowered: To employ such qualified personnel as staff to carry out the duties and responsibilities set forth herein; To develop and make available upon request to all employers of the state, including public employers, information, consultation and assistance related to safety and health laws, regulations, measures and standards; to participate and assist with training and educational programs, directed toward employee safety and disease prevention; To employ such personnel and procure such equipment as necessary to provide on-site consultive services related to assistance, information, education or training of employers and employees toward compliance with safety and health standards and toward the establishment of safety and health programs to prevent work-connected disabilities; To collect, compile and report statistics related to work-connected disabilities in Mississippi; such statistical work shall be performed in cooperation with other statistic-gathering agencies with the federal and state governments. Such statistical reports as may be available shall be made known to employers and employees. To receive such federal or state grants and appropriations as available to further the education, training and assistance to the employers and employees of Mississippi in preventing work-connected disabilities. Nothing in this section shall be construed as authorizing the state board of health to administer or enforce in any way the Federal Occupational Safety and Health Act, known as OSHA.

Miss. Code Ann. § 71-1-3 Repealed.

Repealed by Laws, 1974, ch. 515, § 2, eff from and after July 1, 1974. § 71-1-3 . [Codes, Hemingway’s 1917, § 4501; 1930, § 4638; 1942, § 6978; Laws, 1914, ch. 163] § 71-1-5 . [Codes, Hemingway’s 1917, § 4502; 1930, § 4639; 1942, § 6979; Laws, 1914, ch. 163] § 71-1-7 . [Codes, Hemingway’s 1917, § 4503; 1930, § 4640; 1942, § 6980; Law, 1914, ch. 163] § 71-1-9 . [Codes, Hemingway’s 1917, § 4504; 1930, § 4641; 1942, § 6981; Law, 1914, ch. 163] Editor’s Notes — Former § 71-1-3 concerned the duties of a factory inspector. Former § 71-1-5 related to the annual reports of a factory inspector. Former § 71-1-7 provided for penalties for failure to aid to the state factory inspector. Former § 71-1-9 related to the duties of the state factory inspector to register certain factories.

Miss. Code Ann. § 71-1-11 Repealed.

Repealed by Laws, 1972, ch. 374, § 1, eff from and after July 1, 1972. [Codes, Hemingway’s 1917, § 4505; 1930, § 4642; 1942, § 6982; Laws, 1914, ch. 7; Laws, 1926, ch. 189; Laws, 1934, ch. 292]

Miss. Code Ann. § 71-1-13 and 71-1-15. Repealed.

Repealed by Laws, 1974, ch. 515, § 2, eff from and after July 1, 1974. § 71-1-13 . [Codes, Hemingway’s 1917, § 4506; 1930, § 4643; 1942, § 6983; Laws, 1916, ch. 95; Laws, 1926, ch. 189] § 71-1-15 . [Codes, Hemingway’s 1917, § 4507; 1930, § 4644; 1942, § 6984; Laws, 1916, ch. 95; Laws, 1926, ch. 189] Editor’s Notes — Former § 71-1-13 concerned the duties of the state factory inspector to furnish forms for reports. Former § 71-1-15 provided for penalties for an establishment’s failure to file reports.

Miss. Code Ann. § 71-1-17 Children under fourteen not to work in mills or factories.

No boy or girl under the age of fourteen (14) years shall be employed or permitted to work in any mill, cannery, workshop, factory, or manufacturing establishment within this state.

Miss. Code Ann. § 71-1-19 Child labor in accord with school attendance.

It shall be unlawful for any person, firm, or corporation to employ, detain, or permit to work in any mill, cannery, workshop, factory, or manufacturing establishment in this state any child under the age of fourteen (14) years, or any child over the age of fourteen (14) years and under the age of sixteen (16) years, unless such child has complied with, or is complying with, the compulsory school attendance law. Such employer shall require such child to present the affidavit of the parent or guardian, or person standing in parental relation to such child, and the certificate of the superintendent or principal of the school of the district in which such child or children reside or in which they last attended school, stating the place and date of the birth of such child, the last school attendance of such child, the grade of study pursued, the name of the school, and the name of the teacher in charge. The employer shall preserve such affidavit and keep a complete register of all such affidavits, showing all the facts contained herein.

Miss. Code Ann. § 71-1-21 Regulating hours of labor.

No boy or girl over fourteen (14) years of age and under sixteen (16) years shall be permitted to work in any mill, cannery, workshop, factory, or manufacturing establishment more than eight (8) hours in one (1) day, or more than forty-four (44) hours in any one (1) week, or be employed in or detained in any such establishment between the hours of 7 p.m. and 6 a.m.

Miss. Code Ann. § 71-1-23 Sheriff to enforce law.

It shall be the special duty of the sheriff of the county in which the mill, cannery, workshop, factory, or manufacturing establishment employing child labor is located to visit, at least once each month, such mill, cannery, workshop, factory, or manufacturing establishment to see to the enforcement of this chapter.

Miss. Code Ann. § 71-1-25 County health officer to inspect.

It shall be the duty of the county health officer to visit, without notice of his intention to do so, all mills, canneries, workshops, factories, or manufacturing establishments employing child labor within his county at least twice each year, or oftener if requested by the sheriff, and to promptly report to the sheriff any unsanitary condition of the premises, any child or children afflicted with infectious, contagious, or communicable diseases, or whose physical condition renders such child or children incapacitated to perform the work required of them. The sheriff shall promptly remove such child or children from such mill, cannery, workshop, factory, or manufacturing establishment, and order the premises put in sanitary condition. The judgment of the county health officer as to the physical condition of the children and the sanitary condition of the premises shall be final and conclusive.

Miss. Code Ann. § 71-1-27 Misdemeanor to fail or refuse to obey order of officer.

Any officer, manager, or superintendent of any mill, cannery, workshop, factory, or manufacturing establishment in which child labor is employed who shall fail or refuse to give true and correct information demanded of him by any officer hereinbefore directed to inspect such mill, cannery, workshop, factory, or manufacturing establishment, or who shall fail or refuse to obey any lawful order of the sheriff or health officer of the county in which said mill, cannery, workshop, factory, or manufacturing establishment is located for carrying out the purpose of this chapter, shall be guilty of a misdemeanor and, upon conviction, shall be fined not less than Ten Dollars ($10.00) nor more than One Hundred Dollars ($100.00).

Miss. Code Ann. § 71-1-29 Misdemeanor to violate child labor laws.

Any person, firm, or corporation, or the superintendent or any officer of the mill, cannery, workshop, factory, or manufacturing establishment employing any child, or permitting any child to be employed by or to work in, or to be detained in any mill, cannery, workshop, factory, or manufacturing establishment in this state contrary to law shall be guilty of a misdemeanor and, upon conviction, shall be fined not less than Fifty Dollars ($50.00) nor more than One Hundred Dollars ($100.00), or may be sentenced to the county jail for not less than ten (10) days nor more than sixty (60) days, or both such fine and imprisonment.

Miss. Code Ann. § 71-1-31 Certain canneries excepted.

The provisions of Sections 71-1-17 through 71-1-29 shall not apply to fruit or vegetable canneries.

Miss. Code Ann. § 71-1-33 Repealed.

Repealed by Laws, 1981, ch. 310, § 1, eff from and after passage (approved March 2, 1981). [Codes, Hemingway’s 1917, § 4527; 1930, § 4653; 1942, § 6993; Laws, 1914, ch. 165]

Miss. Code Ann. § 71-1-35 Pay of employees twice a month.

Every corporation, company, association, partnership and individual person engaged in manufacturing of any kind in this state employing as many as fifty (50) or more employees and employing public labor, and every public service corporation doing business in this state shall be required to make full payment to employees for services performed as often as once every two (2) weeks or twice during each calendar month, or on the second and fourth Saturday, respectively, of each month. Such payment or settlement shall include all amounts due for labor or services performed up to not more than ten (10) days previous to the time of payment, except that public service corporations shall not be required to make payment for labor or services performed up to more than fifteen (15) days prior to the time of payment. For the purposes of this section, the term “employee” shall not include any individual employed in a bona fide executive, administrative or professional capacity.

Miss. Code Ann. § 71-1-37 Discounting trade checks prohibited.

Every person, company, association, partnership, manufacturing company, or railroad company now existing or hereafter organized in this state engaged in employing labor for manufacturing purposes, or any railroad within this state shall be prohibited from discounting any trade check, coupons, or other written instrument issued for the payment of such labor. It shall be unlawful for any person, partnership, corporation, or trade establishment purchasing said trade checks, coupons, or other instruments issued for the payment of such labor to discount the same. Any person, partnership, corporation, or trade establishment purchasing the same at a discount, or any company, corporation, railroad, or other person issuing said checks, coupons, or other written instruments who shall discount the same in settlement with the employees shall be guilty of a misdemeanor and, upon conviction thereof, shall be fined not less than Ten Dollars ($10.00) and not more than Fifty Dollars ($50.00) for each offense.

Miss. Code Ann. § 71-1-39 Trade checks must be paid in cash.

All persons, firms, or corporations engaged in manufacturing and issuing trade checks, coupons, or other instruments of writing in payment for labor shall, on or after the regular pay day, cash said check or checks so issued at their face value less any amount that may be due by the party to whom issued. Any such person, firm, or corporation so engaged in manufacturing and failing to settle such claim as herein required shall be liable to pay to the holder thereof twenty-five per cent. (25%) on the face of said check as damages in the event any suit or action shall be brought to enforce the payment thereof. This section shall only apply when the amount claimed is One Hundred Dollars ($100.00) or less.

Miss. Code Ann. § 71-1-41 Employee trust plan.

A trust of real or personal property, or real and personal property combined, created either heretofore or hereafter by an employer as part of a pension plan, disability or death benefit plan, or profit-sharing plan for the exclusive benefit of some or all of his or its employees, to which contributions are made by such employer or employees, or both, for the purpose of distributing to such employees the earnings and the principal of such trust, shall not be deemed to be invalid as violating any existing laws against perpetuities, restraints on alienation, suspension of the power of alienation, or the accumulation of income; but such a trust may continue for such time as may be necessary to accomplish the purpose for which it may be created. No trust of real or personal property, or real and personal property combined, created either heretofore or hereafter under a retirement plan for which provision has been made under the laws of the United States of America exempting such trust from federal income tax shall be deemed to be invalid as violating any existing laws against perpetuities, restraints on alienation, suspension of the power of alienation of title to property, or the accumulation of income; but such a trust may continue for such time as may be necessary to accomplish the purposes for which it may be created, may be permitted to accumulate the income arising from the property held therein until such time as such income shall become distributable to the beneficiary or beneficiaries under the terms of the trust, may according to its terms be made irrevocable, and the interests of its beneficiary or beneficiaries therein may be made nontransferable by assignment or otherwise.

Miss. Code Ann. § 71-1-43 Income or principal of employee trust plan not to be encumbered.

The income or principal payable to a beneficiary or beneficiaries under any trust created by an employer as part of a pension plan, disability or death benefit plan, profit-sharing plan, or under any trust created under a retirement plan for which provision has been made under the laws of the United States of America exempting such trust from federal income tax shall not be pledged, assigned, transferred, sold, or in any manner whatsoever accelerated, anticipated, or encumbered by the beneficiary or beneficiaries. Nor shall any income or principal be in any manner subject or liable in the hands of the trustee for the debts, contracts, or engagements of the beneficiary or beneficiaries, or be subject to any assignment or other involuntary alienation or disposition whatsoever. Nor shall any income or principal be subject to the levy of any execution, writ of attachment, or garnishment thereon.

Miss. Code Ann. § 71-1-45 Assignment or pledge of wages.

No assignment or pledge of wages, in any form, made or executed directly or collaterally in the payment of, or as security for, the purchase of or contract to purchase any goods, wares, or merchandise shall be valid against or binding upon any employer, or the wages of any employee in the hands of, or owing, or to become owing to such employee, unless the assignee or pledgee thereof shall, prior to the delivery of the goods, wares, or merchandise so purchased or prior to consummation of any contract to purchase the same, serve upon the employer of such assignor, or pledgor, a duly executed copy of such assignment, or pledge, or contract to purchase and obtain such employer’s acceptance of notice thereof and agreement in writing to be bound by the terms of such assignment or pledge.

Miss. Code Ann. § 71-1-47 Denial or abridgment of work.

It is hereby declared to be the public policy of Mississippi that the right of a person or persons to work shall not be denied or abridged on account of membership or non-membership in any labor union or labor organization: Any agreement or combination between any employer and any labor union or labor organization whereby any person not a member of such union or organization shall be denied the right to work for an employer, or whereby such membership is made a condition of employment or continuation of employment by such employer, or whereby any such union or organization acquires an employment monopoly in any enterprise, is hereby declared to be an illegal combination or conspiracy and against public policy. No person shall be required by an employer to become or remain a member of any labor union or labor organization as a condition of employment or continuation of employment by such employer. No person shall be required by an employer to abstain or refrain from membership in any labor union or labor organization as a condition of employment or continuation of employment. No employer shall require any person, as a condition of employment or continuation of employment, to pay any dues, fees, or other charges of any kind to any labor union or labor organization. Any person who may be denied employment or be deprived of continuation of his employment in violation of any paragraph of this section shall be entitled to recover from such employer and from any other person, firm, corporation, or association acting in concert with him, by appropriate action in the courts of this state, such actual damages as he may have sustained by reason of such denial or deprivation of employment. The provisions of this section shall not apply to any lawful contract now in force, but they shall apply to all contracts hereafter entered into and to any renewal or extension of an existing contract hereafter occurring. The provisions of this section shall not apply to any employer or employee under the jurisdiction of the Federal Railway Labor Act.

Miss. Code Ann. § 71-1-49 Certain persons prohibited from labor management functions.

No person who is an alien, or who is or has been a member of the Communist Party, or who has been convicted of or served any part of a prison term resulting from his conviction of robbery, bribery, extortion, embezzlement, grand larceny, burglary, arson, violation of narcotics laws, murder, rape, assault with intent to kill, or conspiracy to commit any such crimes, shall serve: as an officer, director, trustee, member of any executive board or similar governing body, business agent, manager, organizer, or other employee (other than as an employee performing exclusively clerical or custodial duties) of any labor organization, or as a manager, or any person occupying a bargaining position with industry, or as a labor relations consultant either of a labor organization or of an employer or both, or as an officer, director, agent, or employee (other than as an employee performing exclusively clerical or custodial duties) of any group or association of employers dealing with any labor organization, during or for five (5) years after the termination of his membership in the Communist Party, or for five (5) years after such conviction, or after the end of such imprisonment. No labor organization, group or association of employers, or officer thereof shall knowingly permit any person to assume or hold any office or paid position in violation of this section. Any person who willfully violates this section shall be guilty of a misdemeanor and, upon conviction thereof, be fined not more than One Thousand Dollars ($1,000.00) or imprisoned for not more than one (1) year, or both. For the purposes of this section, any person shall be deemed to have been “convicted” and under the disability of “conviction” from the date of the judgment of the trial court or the date of the final sustaining of such judgment on appeal, whichever is the later event, regardless of whether such conviction occurred before or after July 1, 1960.

Miss. Code Ann. § 71-1-51 Repealed.

Repealed by Laws, 1974, ch. 500, § 21, eff from and after passage (approved April 2, 1974). [Codes, 1942, § 6998; Laws, 1934, ch. 295]

Miss. Code Ann. § 71-1-53 Penalty for violation of this chapter.

Any corporation or person or manager of any company or partnership who violates any of the provisions of this chapter for which a penalty is not otherwise provided shall be guilty of a misdemeanor and, upon conviction thereof, shall be fined not less than Twenty-five Dollars ($25.00) nor more than Two Hundred Fifty Dollars ($250.00) for each offense; and each day’s violation shall constitute a separate offense.

Miss. Code Ann. § 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 during any meal period or other break period provided by the employer.