State Labor Law Guide

Tennessee
Labor Laws

What workers in Tennessee need to know about minimum wage, overtime, and their rights when an employer has not paid them fairly.

TN TENNESSEE
$7.25
Minimum Wage
$10.88
Overtime Rate
30 MIN
Meal Break Required
2-3 YRS
Claim Deadline
FLSA + TN
Governing Standard

Minimum Wage & Overtime FEDERAL FLSA

Tennessee does not have a state minimum wage law. For workers covered by the federal Fair Labor Standards Act, the minimum wage is $7.25 per hour. Your employer must pay at least that rate for every hour worked, and cannot average higher-paid hours against lower-paid ones to bring underpaid time into compliance.

The FLSA requires overtime pay at 1.5 times the regular rate for all hours worked over 40 in a workweek. At $7.25 per hour, that puts the overtime rate at $10.88. Overtime must be paid in money for private-sector employees; it generally cannot be replaced with time off. Being paid a salary does not automatically make someone exempt. Exemptions depend on both pay and actual job duties.

Off the Clock Work: Time worked before clocking in, after clocking out, during a break, or during any period your employer knew you were working is compensable time under federal law. If your employer required or allowed this work, those hours count toward your 40-hour threshold.

Meal Breaks TN STATE LAW

Tennessee requires a 30-minute unpaid meal or rest period for employees scheduled to work six consecutive hours. There is an exception for workplace environments that, by the nature of the business, provide ample opportunity to rest or take an appropriate break. When the break is unpaid, the worker should be fully relieved of duties.

Tennessee does not require additional paid rest breaks for adults under state law. Under federal wage rules, short breaks of about 20 minutes or less generally count as paid work time when an employer provides them. Longer meal periods can be unpaid only when the employee is not performing work.

Working Through Lunch: If you were required to work through your meal break or were not fully relieved of duties, that time should have been paid. Employers who routinely deny or interrupt required meal breaks may owe wages for that time.

Misclassification & Exemptions COMMON VIOLATION

Classifying a worker as an independent contractor rather than an employee does not change what the law requires. Under the FLSA, what matters is the economic reality of the working relationship. If your employer controls your schedule, directs how you do the work, supplies your tools, and the work you do is central to their business, you are likely an employee entitled to minimum wage and overtime protections regardless of what any contract says.

The same is true for salaried workers labeled as exempt managers or administrators. If your actual day-to-day duties are routine and performed under supervision, you likely do not qualify for an FLSA exemption. Workers who have been denied overtime under a misapplied exemption can recover back wages for up to two years, or three years if the violation was willful.

Willful Violations: If your employer knew their pay practices violated the FLSA or acted with reckless disregard for whether they did, the recovery window extends to three years. An attorney can assess whether the circumstances of your case support a willful violation claim.

Filing a Claim ACT NOW

Federal law gives workers two years to recover unpaid wages under the FLSA, or three years if the employer's violation was willful. The clock starts from each underpaid workweek or paycheck, not from when you left the job. The longer you wait, the more older violations can fall outside the recovery window.

Tennessee also has wage rules covering paydays, deductions, breaks, and final paychecks. Employees who leave or are discharged must be paid earned wages by the next regular payday or 21 days after separation, whichever occurs last. Retaliation for asserting wage rights can create a separate claim.

What to Gather: Pay stubs, schedules, time records, texts, emails, and notes about unpaid work can help. Even incomplete records may still support a claim because employers are required to keep payroll records.

Final Paychecks & Deductions TN STATE LAW

Tennessee requires employers to pay all wages or salary earned by an employee who quits or is discharged no later than the next regular payday after separation or 21 days after separation, whichever occurs last.

Tennessee generally does not allow employers to deduct costs for uniforms, equipment, shortages, loans, or similar items unless the employee has signed a written agreement authorizing the deduction. Pay reductions must be communicated before the work is performed.

Final pay issue: Holding a final paycheck because an employee has not returned property is not allowed unless a signed written policy or agreement supports the deduction.

This article is provided for informational and educational purposes only and does not constitute legal advice. Reading this content does not create an attorney-client relationship with Josephson Dunlap LLP. Wage and hour laws vary by state, and the application of these laws depends on the specific facts of each situation. The figures and information cited above are current as of the date of publication and are subject to change. Prior results in other matters do not guarantee or predict a similar outcome in any future matter. If you believe your wages were not paid correctly, consult a qualified, licensed employment attorney.

Think You May Be Owed Back Wages?

Josephson Dunlap reviews wage claims for Tennessee workers at no cost. There is no fee unless wages are recovered. A case manager will go through your situation and tell you where you stand.