Tennessee Wage and Hour Laws

The Fair Labor Standards Act (FLSA) sets the federal minimum wage, but states can have their own wage-and-hour laws. Tennessee must follow federal labor laws that dictate minimum support for employees besides Tennessee labor laws.

Tennessee's wage and working hour laws are in the table below.

Code Sections

Tennessee Code Title 50: Employer and Employee covers Tennessee wage laws.

Minimum Wage

The state of Tennessee's minimum wage is $7.25 (2024). This is the same amount as the federal minimum wage. Tennessee doesn't have a separate, higher minimum wage.

Prevailing Wage

Ranges from $12.89 to $26.23 per hour in 2014. The Tennessee Prevailing Wage Commission sets the rate of state-funded highway construction projects each year based on an annual survey of each industry and appropriate rates.

Overtime

Tennessee does not have any overtime laws. This means federal law applies to eligible employees. According to federal law, employees must get overtime pay of at least 1.5 times the employee's regular rate when working over 40 hours a week.

Child Labor Laws

In Tennessee, children who are 14 years old can work. But they can't work more than three hours a day, 18 hours a week, or later than 7 p.m. in a school year until they are 16. At 16 or 17, there are no hours restrictions, but they can't be required to work during school hours or after 10 p.m. on school nights unless their parent signs a permission to work until midnight up to three nights per week.

Meals and Break Time

Under state law, employees must get a 30-minute meal period when scheduled to work six consecutive hours or more. These meal periods include minors. Meal breaks during the workday are unpaid.

The only exemption to the required meal break is tipped employees. These employees must voluntarily sign a written notice with their request to waive their meal break.

Federal law does force Tennessee employers to give nursing mothers rest breaks for the first year after their baby is born to express breast milk at work.

Leave

Tennessee employees do not need to provide vacation time (paid or unpaid), nor do they have to provide paid sick leave.

FMLA Leave

But the federal Family And Medical Leave Act (FMLA) allows eligible employees up to 12 weeks of unpaid leave a year when:

• They are sick or need medical care
• They provide medical care for an immediate family member
• They need time off for the birth or adoption of a baby or child

Your employer can choose to pay you for your FMLA leave, but they do not have to pay you. The State of Tennessee provides its workers paid time off for FMLA leave.

Holiday Leave

Tennessee state law does not require your employer to increase your pay rate if you work on a Tennessee legal holiday. In practice, some employers may increase your wage rate since you work during an inconvenient time. Your policies and procedures or employee manual should explain this.

Right to Work

Tennessee is a right-to-work state, meaning labor union membership or dues can't be a condition of employment. Right-to-work laws are controversial, and legal challenges are possible.

Employment At Will

Tennessee is an employment-at-will state. This means the employer can legally hire, fire, or suspend any employee for any reason.

But there are some protections for employees, such as:

• Being a whistleblower
• Called into military service
• Discrimination based on race, sex, religion, national origin, pregnancy, or disability
• Filing a workers' compensation insurance claim with the Tennessee Bureau of Workers' Compensation
• Firing (or quitting) contrary to an employment contract
• Reporting for jury duty
• Reporting unsafe working conditions under the federal and Tennessee Occupational Safety and Health Act (TOSHA)
• Voting
• Wage garnishment

The at-will relationship works both ways. An employee can quit at any time. Disclaimer: Breaking an employment contract may result in civil penalties.

Enforcement Agency

The Tennessee Department of Labor and Workforce Development, Labor Standards Division, enforces:

• Child labor laws
• Prevailing wages
• Wage regulations

The Tennessee Commission on Human Rights and the federal Equal Employment Opportunity Commission enforce penalties for discrimination.

Penalties

Violating wage and hour or other employment laws can result in criminal or civil penalties. A few examples of the penalties employers are:

• It's a Class D felony to employ a child under 14. This can be punished by two-12 years in prison and a fine of not more than $5,000 for an individual or $125,000 for a corporation.
• Any employer who misrepresents wages to any employee in a new employment contract commits a Class C misdemeanor, punishable by up to 30 days in jail and up to a $50 fine.
• For failing to pay wages to employees in private employment as required, in addition to a Class B misdemeanor punishable by up to six months in jail and up to a $500 fine, a civil penalty of $500 to $1,000 can be assessed for each separate offense.

Talk to a Tennessee labor attorney before submitting reports to ensure you don't waive any important employee protections.

Note: State laws change frequently. Contact a Tennessee employment attorney or research the laws to verify their currentness.

Denied Wages in Tennessee? Talk to an Attorney Today

Employers sometimes make mistakes but are ultimately liable for paying proper employee wages. If someone violated your wage and hour rights, meet with a Tennessee employment law attorney immediately.

Related Resources

• Fair Wages FAQ
• Wages & Benefits: Resources
• Tennessee Labor Laws FAQs
• Find a Tennessee Wage & Hour Attorney