50-State Employment Services Industry Licensing Guide
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Mississippi Employment Agency

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Licensing requirements for Mississippi employment, staffing and talent agencies.

This page provides an overview of employment services licensing in Mississippi for individuals and agencies. You will find state requirements, application fees, filing instructions, and more. For assistance with licensing, please contact us to learn about our software and managed license services.

Companies that provide employment services in Mississippi must apply for a license prior to doing business. Depending on the services offered, businesses may need to apply for more than one license type, and in some cases, an individual license will be required as well.

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Company Licenses

Mississippi Employment and Business Support Services Company Licenses

Mississippi Employment Agency License

Not required



Employment Agency licensure is not required on the State level in Mississippi.

Mississippi Nurse Staffing Agency License

Not required



Nurse Staffing Agency licensure is not required on the State level in Mississippi.

Mississippi does not currently license nurse staffing agencies.

Mississippi Professional Employer Organization License

Not required



Professional Employer Organization licensure is not required on the State level in Mississippi.

Mississippi does not require PEOs to register, however, PEOs may be subject to reporting requirements related to unemployment insurance.

Mississippi Talent Agency License

Not required



Talent Agency licensure is not required on the State level in Mississippi.

Telephone solicitor means any person, firm, entity, organization, partnership, association, corporation, charitable entity, or a subsidiary or affiliate thereof, who engages in any type of telephone solicitation on his or her own behalf or through representatives, independent contractors, salespersons, agents, automated dialing systems, text messaging systems, or any other machines or other individuals or systems.

Mississippi Telephonic Solicitor Registration

Agency:Mississippi Attorney General's Office
Law:

MS Code § 77-3-701 et seq.

Bond Requirements:

$75,000 surety bond made payable to the Mississippi Attorney General's Office

Registered Agent (Special Agency) Required?Yes

Automatic Exemption

Exemption Eligible Organizations:

Transactions Not Effected

The provisions of this section do not apply to a transaction:

  1. Made in accordance with prior negotiations in the course of a visit by the consumer to a merchant operating a retail business establishment which has a fixed permanent location and where consumer goods are displayed or offered for sale on a continuing basis;
  2. In which the consumer may obtain a full refund for the return of undamaged and unused goods or a cancellation of services notice to the seller within seven (7) days after receipt by the consumer, and the seller will process the refund within thirty (30) days after receipt of the returned merchandise by the consumer;
  3. In which the consumer purchases goods or services after an examination of a television, radio, or print advertisement or a sample, brochure, or catalog of the merchant that contains the name, address and telephone number of the merchant; a description of the goods or services being sold; and any limitations or restrictions that apply to the offer; or
  4. In which the merchant is a bona fide charitable organization ruled tax-exempt by the Internal Revenue Service

 

Exempt Parties and Transactions

The provisions of the Act shall not apply to:

  1. A person engaging in commercial telephone solicitation where the solicitation is an isolated transaction and not done in the course of a pattern of repeated transactions of like nature.
  2. A person making calls for religious, charitable, political, education or other noncommercial purposes, or a person soliciting for a nonprofit corporation if that corporation is properly registered as such with the Secretary of State and is included within the exemption of Section 501(c)(3) or Section 501(c)(6) of the Internal Revenue Code.
  3. A person soliciting:
    1. Without the intent to complete or obtain provisional acceptance of a sale during the telephone solicitation;
    2. Who does not make the major sales presentation during the telephone solicitation; or
    3. Without the intent to complete, and who does not complete, the sales presentation during the telephone solicitation, but who completes the sales presentation at a later face-to-face meeting between the seller and the prospective purchaser. However, if a seller, directly following a telephone solicitation, causes an individual whose primary purpose it is to go to the prospective purchaser to collect the payment or deliver any item purchased, this exemption does not apply.
  4. Any licensed securities, commodities, or investments broker, dealer or investment advisor, when soliciting within the scope of his license. As used in this section, "licensed securities, commodities, or investments broker, dealer or investment advisor" means a person subject to license or registration as such by the Securities and Exchange Commission, by the National Association of Securities Dealers or other self-regulatory organization as defined by the Securities Exchange Act of 1934 (15 U.S.C. Sec. 781), or by an official or agency of this state or of any state of the United States.
  5. Any licensed associated person of a securities, commodities, or investments broker, dealer or investment advisor, when soliciting within the scope of his license. As used in this section, "licensed associated person of a securities, commodities, or investment broker, dealer or investment advisor" means any associated person registered or licensed by the National Association of Securities Dealers or other self-regulatory organization as defined by the Securities Exchange Act of 1934 (15 U.S.C. Sec. 781) or by an official or agency of this state or of any state of the United States.
  6. A person primarily soliciting the sale of a newspaper, magazine or periodical of general circulation by its publisher, or by the publisher's agent through written agreement.
  7. A book, video or record club or contractual plan or arrangement:
    1. Under which the seller provides the consumer with a form which the consumer may use
      to instruct the seller not to ship the offered merchandise;
    2. Which is regulated by the Federal Trade Commission trade regulation concerning "use of negative option plans by sellers in commerce"; or
    3. Which provides for the sale of books, records or videos which are not covered under paragraphs (i) or (ii), including continuity plans, subscription arrangements, standing order arrangements, supplements and series arrangements under which the seller periodically ships merchandise to a consumer who has consented in advance to receive such merchandise on a periodic basis.
  8. Any supervised financial institution or parent, subsidiary or affiliate thereof. As used in this section, "supervised financial institution" means any commercial bank, trust company, savings and loan association, mutual savings bank, credit union, industrial loan company, consumer finance lender, commercial finance lender or insurer, provided that the institution is subject to supervision by an official or agency of this state, of any state or of the United States
  9. Any licensed insurance or real estate broker, agent, customer representative or solicitor when soliciting within the scope of his license. As used in this section, "licensed insurance or real estate broker, agent, customer representative or solicitor" means any insurance or real estate broker, agent, customer representative or solicitor licensed by an official or agency of this state or of any state of the United States.
  10. A person soliciting the sale of services provided by a cable television system operating under authority of a franchise or permit.
  11. A person who solicits sales by periodically publishing and delivering a catalog of the seller's merchandise to prospective purchasers, if the catalog:
    1. Contains a written description or illustration of each item offered for sale;
    2. Includes the business address or home office address of the seller;
    3. Includes at least twenty-four (24) pages of written material and illustrations and is distributed in more than one (1) state; or
    4. Has an annual circulation by mailing of not less than two hundred fifty thousand (250,000)
  12. A person who solicits contracts for the maintenance or repair of goods previously purchased from the person making the solicitation or on whose behalf the solicitation is made.
  13. A telephone company, or its subsidiary or agents, or a business which is regulated by the Mississippi Public Service Commission, or a Federal Communications Commission licensed cellular telephone company or other bona fide radio telecommunication services provider
  14. Any publicly traded corporation which has securities registered with the Securities and Exchange Commission which are a reported security within the meaning of subparagraph (4) of Regulation Section 240.11a3-1,(a), under the Securities Exchange Act of 1934, or which is exempt from registration under subparagraph (A), (B), (C), (E), (F), (G) or (H) of paragraph (2) of subsection (g) of Section 12 of the Securities Exchange Act of 1934 (15 U.S.C. Section 781), or any subsidiary of such a corporation
  15. A business soliciting exclusively the sale of telephone answering services, provided that the telephone answering services will be supplied by the solicitor
  16. A person soliciting a transaction regulated by the Commodity Futures Trading Commission if the person is registered or temporarily licensed for this activity with the Commodity Futures Trading Commission under the Commodity Exchange Act (7 U.S.C. Section 1 et seq.) and the registration or license has not expired or been suspended or revoked
  17. A person soliciting the sale of food or produce if the solicitation neither intends to result in, or actually results in, a sale which costs the purchaser in excess of One Hundred Dollars ($100.00)
  18. A person soliciting business from prospective consumers who have an established business relationship with, or who have previously purchased from, the business enterprise for which the solicitor is calling, if the solicitor is operating under the same exact business name
  19. A person who has been operating, for at least one (1) year, a retail business establishment under the same name as that used in connection with telemarketing, and both of the following occur on a continuing basis:
    1. Either products are displayed and offered for sale, or services are offered for sale and provided at the business establishment; and
    2. A majority of the seller's business involves the buyer obtaining such products or services at the seller's location
  20. Any telephone marketing service company which provides telemarketing sales services under contract to sellers and has been operating continuously for at least five (5) years under the same business name and seventy-five percent (75%) of its contracts are performed on behalf of persons exempted from the Act
Law:

MS Admin Code 3-4-305 and MS Admin Code 3-4-307

Initial Registration

Form:

Solicitor Registration Form and Contracted Company Form (if applicable)

Filing Method:

Mail or online.

Agency Fee:

$1,000 (+$500 for each contracted company making calls on behalf of the registrant)

Notarization Required?:Required

Registration Renewal

Form:

Solicitor Registration Form (Renewal) and Contracted Company Form (if applicable)

Filing Method:

Mail or online.

Agency Fee:

$1,000 (+$500 for each contracted company making calls on behalf of the registrant)

Due:

Annually by July 1.

Original Ink:Not required
Notarization Required?:Required

Employee Leasing Company - Enter into leasing contracts with other businesses that require labor. The leasing company loans its workers to the lessee while still providing specified responsibilities, such as workers compensation insurance, to the employees. This includes long term (6 months or more) temporary arrangements but often excludes temporary help arrangements. Unlike professional employer organizations, employee leasing companies are contracted when an employer needs to hire staff and does not want to handle human resources responsibilities.

Employment Agency - An entity that, for compensation, procures or attempts to procure employment for a person.

Professional Employer Organization - PEOs take on the human resources role for businesses and act as a co-employer in the sense that the client company's workers are administratively employees of the PEO but functionally these employees are controlled by the client company. Unlike employee leasing companies, PEOs are contracted when an employer already has staff and does not want to handle human resources responsibilities.

Staffing Agency - An entity that procures temporary or part-time employment for a person who then works under the supervision of a worksite employer.

Talent Agency - An entity that, for compensation, procures or attempts to procure employment or placement for an artist. (Certain art forms are excluded)

American Staffing Association
Staffing, recruiting, and workforce solution industry advocacy group.

National Association of Personnel Services (NAPS)
Education and training oriented association for personnel services providers.

National Association of Professional Employer Organizations (NAPEO)
Provides advocacy efforts, information, and other services to members of the employment industry.