Tennessee Labor Law Guide 2026: Wages, Overtime, Breaks, and Leave

Tennessee has one of the lighter state wage codes in the country, with no state minimum wage and no state overtime law, but it is not a blank slate. The Tennessee Department of Labor and Workforce Development's Labor Standards Unit enforces six statutes, including the Wage Regulations Act, the Child Labor Act, and the Tennessee Lawful Employment Act. The Wage Regulations Act is where most employer obligations sit: a required meal break, regular paydays, final pay deadlines, and deduction rules.

Minimum Wage in Tennessee

Tennessee has never enacted a state minimum wage. Employers covered by the Fair Labor Standards Act pay the federal $7.25 per hour, and tipped employees can receive a $2.13 cash wage with a $5.12 tip credit as long as tips bring them to $7.25. Employers too small to be covered by the FLSA have no state minimum to fall back on, which is rare in practice because the FLSA's individual coverage reaches most workers.

State law also bars local governments from setting their own minimum wage, so there are no city rates in Nashville, Memphis, or Knoxville. The Tennessee minimum wage guide covers the tipped rules, the preemption statute, and the legislative history.

Overtime Rules

Tennessee has no state overtime statute. Non-exempt employees are owed 1.5 times their regular rate for hours over 40 in a workweek under the FLSA, with no daily overtime and no seventh-day premium.

Worked example at the federal minimum: 45 hours in a week at $7.25 pays 40 hours at $7.25 ($290.00) plus 5 hours at $10.875 ($54.38), or $344.38. Use the overtime calculator for other rates, and see the overtime pay laws in the US guide for how to handle bonuses and shift differentials in the regular rate.

Because there is no state rule, the exempt salary threshold is the federal $684 per week. Tennessee wage claims for unpaid overtime go to the US Department of Labor rather than the state.

Meal and Rest Breaks

Tennessee's meal break rule is the state's most important wage-hour obligation. The Department states: "State law requires that employees must be provided a thirty (30) minute unpaid meal or rest period if scheduled six (6) consecutive hours," with limited exceptions under Tennessee Code 50-2-103(h). The break cannot be scheduled during or before the first hour of the shift.

Break type	Requirement	Applies to
Meal or rest period	30 minutes, unpaid, when scheduled 6 or more consecutive hours; not in the first hour	Employers with 5 or more employees
Rest breaks	Not required beyond the 30-minute period	All employees
Minor's break	30 minutes unpaid when scheduled 6 consecutive hours, not before or during the first hour	Employees under 18
Food and beverage exception	Employers in tipped food service can substitute a waiver with written tip reporting in narrow circumstances	Restaurants

A 30-minute break can be unpaid only if the employee is fully relieved of duty. A contact center agent who stays at the desk handling chats through lunch has not received a compliant break and must be paid for the time. Our break time calculator shows how many breaks a shift length requires, and the rest and meal break laws by state guide compares Tennessee with its neighbors.

Paid Sick Leave and Other Leave

Tennessee does not require paid sick leave, and state law preempts local governments from requiring it. Leave rights come from federal law plus a few state statutes.

Leave type	Tennessee rule
Paid sick leave	Not required
Family and medical leave	Federal FMLA; Tennessee's maternity leave law adds up to 4 months of unpaid leave for pregnancy, childbirth, and adoption at employers with 100 or more employees
Jury duty	Employers with 5 or more employees must pay regular wages for jury service, less the jury fee, for employees who have worked at least 6 months
Voting	Up to 3 hours of paid time off to vote if the polls are not open 3 hours outside the employee's shift, on request the day before
Military	Federal USERRA plus state protection for National Guard service
Domestic violence	No general statute

Tennessee's paid jury duty and paid voting leave rules are more generous than most Southern states and catch employers off guard. Our guides to paid sick leave laws in the US and jury duty laws in the US put them in context.

PTO Payout and Final Paychecks

Under Tennessee Code 50-2-103(g), final wages are due by "the next regular pay day following the date of dismissal or voluntary leaving, or twenty-one (21) days following the date of discharge or voluntary leaving, whichever occurs last." That later deadline gives employers more room than most states, and it applies equally to resignations and terminations.

Accrued vacation must be paid out only if the employer's written policy or practice provides for it. Tennessee treats unused PTO as a matter of policy, so a clearly written policy that says unused time is forfeited at separation is enforceable. See PTO payout laws by state for the comparison.

Pay frequency: private employers with 5 or more employees must set regular paydays at least monthly. For semimonthly payrolls, wages earned in the first half of the month are due by the 5th of the following month and wages earned in the second half by the 20th. Deductions from pay require the employee's written consent unless required by law.

Exempt vs Non-Exempt Employees

Tennessee applies the federal tests without modification. An exempt employee must be paid on a salary basis of at least $684 per week and primarily perform executive, administrative, professional, computer, or outside sales duties. Misclassification is the most common wage claim against Tennessee contact centers and BPOs, usually involving salaried team leads whose real work is handling contacts. Our exempt vs non-exempt employees guide and the FLSA exemption flowchart cover the duties tests.

Child Labor Rules

The Tennessee Child Labor Act covers almost all workers under 18. Tennessee does not issue work permits, but employers must keep proof of age and, for 16 and 17 year olds working late, a signed parental consent form in the personnel file.

Age group	School days	Non-school days	Hours of day	Other rules
14 and 15	3 hours a day, 18 hours a week	8 hours a day, 40 hours a week	7 AM to 7 PM on school days; 6 AM to 9 PM when school is out	30-minute break for 6 consecutive hours
16 and 17	No work during required school hours	No cap	No work 10 PM to 6 AM Sunday through Thursday before a school day; until midnight up to 3 nights a week with signed parental consent	Consent form kept on file at the worksite
Under 14	Not permitted except narrow exceptions

The full rules, including the list of prohibited hazardous occupations, are in the Department's child labor guidance. The child labor laws in the US guide covers the federal rules that apply alongside them.

Other Tennessee Employment Rules

• Tennessee Lawful Employment Act. Private employers with 6 or more employees must enroll in and use E-Verify for new hires, or request and keep one of the listed identity and work authorization documents. The Department can fine employers that fail to comply.
• Non-Smoker Protection Act. Smoking is prohibited in most enclosed workplaces, and employers must post signs.
• Wage deductions. The Department is clear: "Your employer cannot make any deductions from your paycheck without your consent to the deductions unless you have signed a written agreement."
• Breastfeeding. Employers must give reasonable unpaid break time and a private location, other than a toilet stall, for expressing milk.
• Firearms in vehicles. Employees with handgun carry permits may keep firearms locked in their vehicles in employer parking lots.
• Local preemption. Cities and counties cannot mandate wages, benefits, or leave for private employers.

Hiring, Termination, and Record-Keeping

Tennessee is a strong at-will state. The Department's own summary says "Employers may legally hire, fire, suspend or discipline any employee at any time and for any reason - good or bad - or for no reason at all," subject to the anti-discrimination protections. The Tennessee Human Rights Act covers employers with 8 or more employees and is enforced by the Tennessee Human Rights Commission; federal law covers employers with 15 or more.

Employers must keep payroll records showing hours worked and wages paid for at least 3 years under federal law, and Tennessee's Child Labor Act adds record requirements for minors. Post the state Wage Regulations Act notice, the Child Labor Act poster, workers' compensation and unemployment notices, and the federal posters. An accurate time card and a written timekeeping policy are the practical defense in a meal-break dispute, which is the most common Tennessee wage complaint.

Frequently Asked Questions

Is Tennessee an at-will state? Yes. Employers can end employment for any lawful reason, and employees can quit at any time, with exceptions for discrimination and retaliation.

Does Tennessee require lunch breaks? Yes. Employees scheduled for 6 consecutive hours must receive a 30-minute unpaid meal or rest period, not during the first hour of the shift.

When is the final paycheck due in Tennessee? By the next regular payday or 21 days after separation, whichever is later, for both terminations and resignations.

Does Tennessee have paid sick leave? No. There is no state paid sick leave mandate, and local governments are barred from creating one.

How many hours can a minor work in Tennessee? 14 and 15 year olds can work 3 hours on a school day and 18 in a school week, or 8 hours a day and 40 a week when school is out. 16 and 17 year olds have no cap but cannot work 10 PM to 6 AM before a school day without parental consent.

Does Tennessee have a state minimum wage? No. The federal $7.25 rate applies, and cities cannot set a higher one.

Does Tennessee pay out unused vacation? Only if the employer's written policy or established practice provides for it.

Do Tennessee employers have to use E-Verify? Private employers with 6 or more employees must use E-Verify or keep one of the identity documents listed in the Tennessee Lawful Employment Act.

Sources

• Tennessee Department of Labor and Workforce Development: Labor Laws
• Tennessee Department of Labor and Workforce Development: Wages and Breaks
• Tennessee Department of Labor and Workforce Development: Child Labor
• US Department of Labor: State Minimum Wage Laws
• US Department of Labor: Minimum Length of Meal Period Required Under State Law