Q Is an incentive payment contained in an employment contract with a hospital administrator in violation of Sections 66 and/or 96 of the Mississippi Constitution?

A No, as a general rule, a community hospital, operated in accordance with Section 41-13-10, is authorized to provide “incentive payments” to its employees provided that such payment is contracted for by the employer and employee prior to the date when the services are performed, is determined in accordance with objective standards of measurement, and is earned by personal services performed by the employee. Section 41-13-35(5)(e) authorizes the county board of trustees to devise and implement employee incentive programs. (Attorney General’s Opinion to Williams, February 17, 2017)