Minimum Wage & Overtime FEDERAL FLSA
Tennessee does not have its own state minimum wage law. Workers in Tennessee are covered by the federal Fair Labor Standards Act (FLSA), which sets the minimum wage at $7.25 per hour. Your employer must pay you 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 also requires overtime pay at 1.5 times your regular rate for all hours worked past 40 in a workweek. At $7.25 per hour, that puts the overtime rate at $10.88. Overtime must be paid in money, not replaced with time off. Being paid a salary does not automatically exempt you. Exemptions require both a qualifying salary level and specific job duties. Title and salary structure alone do not determine exempt status, and many workers in Tennessee are misclassified as exempt when their duties do not qualify.
Meal Breaks TN STATE LAW
Tennessee requires employers to provide a 30-minute unpaid meal break to employees scheduled to work six or more consecutive hours. This is one of the few labor protections Tennessee sets beyond the federal floor. The break must be uninterrupted, meaning you must be fully relieved of duties. If your employer requires you to remain at your workstation, answer calls, or stay available during that time, it is not a true meal break and must be paid.
Tennessee does not require paid rest breaks for adults under state law. However, under federal guidance, if your employer does provide short rest breaks of 20 minutes or less, those must be counted as paid time. An employer cannot provide a short break and then deduct that time from your wages.
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.
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 the date each violation occurred, not from when you left the job. Every unpaid workweek has its own deadline running. The longer you wait, the more older violations fall outside the recovery window.
The FLSA prohibits retaliation for asserting your wage rights. If your employer fires you, cuts your hours, or takes any adverse action because you made a wage complaint or cooperated with an investigation, that retaliation is a separate federal violation. Gather records before reaching out. Pay stubs, timesheets, work schedules, and any communications about your hours or pay are all useful.
The information on this page is provided for general informational purposes only and does not constitute legal advice. Labor laws change, and the specific facts of your situation may affect how the law applies to you. Rates, thresholds, and deadlines referenced here reflect the law as sourced and may have been updated since publication. Always verify current requirements with a qualified employment attorney before taking action.
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.