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Tennessee Labor Laws: A Complete Guide to Wages, Breaks, Overtime, and More (2025)
Get a comprehensive look into Tennessee’s labor laws. Stay informed about prevailing wages, breaks, overtime, PTO, and more.

Tennessee Meals and Breaks
30 MinutesMeal or Rest Break
Employees who work 6 consecutive hours or more are entitled to a 30-minute unpaid meal or rest break. This break does not need to be paid and can be taken after six hours of work.
Reasonable TimeBreastfeeding Break
Employers must provide reasonable break time for employees to express breast milk. Breastfeeding employees can use their meal or rest breaks for this purpose, though it does not grant an additional break entitlement.
Tennessee Leave and Paid Time Off (PTO)
Full-time public-sector (government) employees accrue annual leave based on service length:
- Less than 5 years: 12 days/year
- 5 to 10 years: 18 days/year
- 10 to 20 years: 21 days/year
- Over 20 years: 24 days/year
Excess leave is transferred to sick leave annually. Leave requests must be approved, and leave cannot be taken before it is accrued.
Private employers are not required to provide paid annual leave in Tennessee.
Public sector employees accrue 12 days of sick leave per year for:
- Personal illness/injury
- Medical appointments
- Care for family members
- Pregnancy/childbirth
- Adoption bonding
- Bereavement (up to 3 days for extended family)
Sick leave accumulates without limit and is retained if an employee returns to state service. It cannot be advanced.
Tennessee public-sector employees receive paid leave on public holidays. Holidays falling on Saturday are observed on the prior Friday, and those on Sunday are observed on the following Monday. Full-time and employees working 1,600 hours/year are eligible for holiday pay.
Recognized Holidays:
- New Year’s Day (Jan 1)
- Martin Luther King Jr. Day (Third Monday in January)
- Presidents’ Day (Third Monday in February)
- Good Friday (Friday before Easter)
- Memorial Day (Last Monday in May)
- Juneteenth (June 19)
- Independence Day (July 4)
- Labor Day (First Monday in September)
- Columbus Day (Second Monday in October)
- Veterans’ Day (Nov 11)
- Thanksgiving (Fourth Thursday in November)
- Christmas (Dec 25)
Employees on unpaid or special leave may not be eligible for holiday pay. As with most other leave types, holiday leave is not guaranteed or required for private sector employees.
Employees called to jury duty receive paid leave for the duration of their service, including travel time. If jury duty lasts less than three hours, employees must return to work or use accrued leave for the remainder of the day.
Employers with fewer than five people on payroll are not required to provide paid jury duty leave.
Employees with 12 months of service and 1,250 hours worked are eligible for 12 weeks of unpaid leave for childbirth, adoption, caring for a family member, or personal illness. Health benefits continue during FMLA leave.
Employees in the public sector are granted three days of paid leave for the death of an immediate family member. An additional two days of sick leave may be used if needed.
Full-time public-sector employees with 12 months of service are eligible for up to four months of leave for childbirth, adoption, or nursing. The first six weeks are paid, and the remainder is unpaid. Leave can be taken continuously or intermittently within 12 months of the event.
Public sector employees may receive up to 75% of their salary while pursuing job-related education or training. This leave is intended to improve skills, meet job qualifications, or advance careers.
Members of the National Guard or Reserves are eligible for up to 20 paid days of military leave per year for active duty or training. Additional days may be covered using sick, annual, or unpaid leave.
This leave is granted for extended illness, special work assignments, or seasonal recess. Employees must use all accrued leave before taking unpaid leave. Approval from the appointing authority is required.
This leave is used for long-term unpaid leave due to personal or family emergencies after exhausting other leave types. Job protection is maintained, with approval needed from the appointing authority.
Government mployees may earn comp time instead of overtime pay for extra hours worked. Accrued time can be used for personal leave.
Paid leave granted for state-required duties like assessments or interviews. Also available for blood or platelet donations. No other leave is deducted during this time.
TN Wages and Overtime
$7.25/hourMinimum Wage
Tennessee follows the federal minimum wage of $7.25 per hour, as the state does not have its own set minimum wage.
1.5x HourlyOvertime Rate
Non-exempt employees working over 40 hours in a workweek must receive 1.5 times their regular pay rate for overtime hours.
$2.13/hourTipped minimum wage
Tipped employees earn a cash wage of $2.13 per hour. Employers must ensure their total earnings (cash wage + tips) meet the $7.25 federal minimum wage.
1x MonthlyPay Frequency
Employers in Tennessee must pay employees at least once a month but may opt to pay semi-monthly. Private employers must follow specific timing requirements for paying wages earned.
Tennessee does not have a state-specific minimum wage law. Therefore, the federal minimum wage of $7.25 per hour applies uniformly across the state.
In Tennessee, certain employees may be paid less than the standard minimum wage of $7.25 per hour under federal and state guidelines. These include:
- Student Learners: Paid less during vocational training.
- Full-Time Students: Earn at least 85% of the minimum wage in retail, agriculture, or at educational institutions.
- Workers with Disabilities: May receive a subminimum wage based on specific conditions.
- Youth Employees: Under 20 can earn $4.25 per hour for their first 90 days.
- High School Students in Vocational Programs: Aged 16+ may earn 75% of the minimum wage.
- Seasonal and Recreational Workers: May qualify for subminimum wages.
- Agricultural Workers: Certain farmworkers may be exempt from minimum wage laws.
These rules allow employers to legally pay subminimum wages while adhering to federal labor standards.
Certain employees are exempt from the minimum wage and overtime provisions under the Fair Labor Standards Act (FLSA). This includes executive, administrative, and professional (EAP) employees who meet specific criteria, such as performing defined duties and being paid a fixed salary.
As of January 1, 2025:
- Exempt employees must earn at least $1,128 per week ($58,656 per year).
- Highly Compensated Employees (HCE) must earn at least $151,164 per year, including at least $1,128 per week paid on a salary or fee basis.
These changes are part of the Department of Labor’s 2024 update to salary requirements for exempt employees.
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Tennessee Prevailing Wages
$19.71Bricklayer
The lowest prevailing wage in Tennessee based on the 2024 Highway Prevailing Wage applies to bricklayers. This rate includes basic wages but does not cover benefits like health insurance, training, or paid time off.
$40.10Drill Operator
The highest prevailing wage in Tennessee based on the 2024 Highway Prevailing Wage is for drill operators (caisson). This rate encompasses only the basic hourly wages and excludes additional benefits.
Tennessee law mandates that contractors and subcontractors working on state highway construction projects pay prevailing wages. These rates are determined by the Prevailing Wage Commission, which sets the wage standards for various job classifications on state projects. The prevailing wage rates are updated annually and reflect local wage standards for each type of work.
Contractors must post prevailing wage rates at the job site, and certified payroll records are required to ensure compliance. The commission may adjust these rates by a percentage if economic conditions warrant changes
Tennessee Prevailing Wage Resources
TN Child Labor Laws
Tennessee’s Child Labor Law governs the employment of minors aged 14 to 17 to ensure their work is safe and does not interfere with their education or well-being.
<14 Years
Laws in Tennessee for children under 14
Minors under the age of 14 are generally prohibited from working in Tennessee, except in special cases such as delivering newspapers, working for family businesses, or entertainment. Employment should not interfere with their education
14 – 15 Years
Laws in Tennessee for children between 14 and 15
- During School Sessions:
- Maximum of 3 hours/day and 18 hours/week.
- Work can only be performed between 7:00 AM and 7:00 PM.
- During School Breaks:
- Maximum of 8 hours/day and 40 hours/week.
- Work is allowed between 6:00 AM and 9:00 PM
16 – 17 Years
Laws in Tennessee for children between 16 and 17
During School Sessions:
- Cannot work during school hours.
- Cannot work between 10:00 PM and 6:00 AM on nights before school days, unless parental consent allows work until midnight, up to three nights per week
All minors working 6 consecutive hours or more must receive a 30-minute unpaid break, scheduled outside the first hour of work.
Other Essential Tennessee Labor Laws
Health and Safety Standards in Tennessee
Tennessee has established regulations to ensure safe working environments, enforced by the Tennessee Occupational Safety and Health Administration (TOSHA). These standards require both employers and employees to follow guidelines that protect health and prevent workplace hazards.
In Tennessee, employers must…
- Comply with TOSHA standards for maintaining a safe and healthy workplace.
- Provide safety training and personal protective equipment as necessary for job hazards.
- Keep records of work-related injuries and illnesses.
In Tennessee, employees should…
- Follow workplace safety rules and use provided protective equipment.
- Report any unsafe conditions or practices to their employer or TOSHA.
Report health and safety violations (unsafe working conditions) in Tennessee to…
- Employees: File a Safety/Health Complaint – TOSHA
- Employees: Injured Workers – Filing a Claim
- Employers: Fatality, Hospitalization, Amputation, and Loss of an Eye Reporting
Hiring and/or Firing Employees in Tennessee
Tennessee follows the at-will employment doctrine, allowing either employer or employee to terminate the employment relationship at any time, with or without notice. Exceptions include terminations that violate public policy or anti-discrimination laws.
Tennessee is a right-to-work state, meaning employees cannot be compelled to join a union or pay union dues as a condition of employment.
Employers may conduct background checks and drug testing as part of their hiring process, provided they comply with federal laws like the Fair Credit Reporting Act (FCRA). Under the Tennessee Drug-Free Workplace Act, employers can benefit from maintaining a certified drug-free environment.
State law prohibits discrimination based on race, color, religion, sex, national origin, disability, and age. Employers with eight or more employees must comply with state and federal EEO laws. Complaints can be filed with the Tennessee Human Rights Commission or EEOC.
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Anti-Discrimination Laws in Tennessee
Tennessee law, through the Tennessee Human Rights Act (THRA) and the Tennessee Disability Act, protects employees and job applicants from discrimination in various employment actions. The laws require employers with eight or more employees to practice equal treatment in hiring, firing, promotions, and compensation. The Tennessee CROWN Act further prohibits discrimination based on race-associated hairstyles, ensuring fair and unbiased treatment in the workplace.
Employers in Tennessee may not discriminate against job applicants based on…
- Race
- Color
- Religion
- Sex
- Age
- National Origin
- Disability
Employee Resignation or Termination in Tennessee
Tennessee follows the at-will employment doctrine, allowing either employer or employee to end the relationship at any time, with or without cause. Exceptions include terminations for protected activities like refusing to participate in illegal activities, filing a workers’ compensation claim, or protected leaves such as military service. Employers must provide a separation notice upon termination.
Unemployment Benefits in Tennessee
Workers in Tennessee are eligible for unemployment benefits if they…
- Have been terminated through no fault of their own.
- Meet the minimum earnings requirements.
- Are actively seeking suitable employment
Use this website to start your application for unemployment benefits in Tennessee:
Tennessee Department of Labor & Workforce Development – Apply for Unemployment Benefits
COBRA Benefits in Tennessee
Separated employees in Tennessee may extend employer-provided health care coverage through COBRA, which stipulates…
- Coverage can continue for 18 to 36 months depending on the qualifying event.
- Participants must pay the full premium plus a 2% administrative fee.
- Enrollment requires written notice within 60 days of a qualifying event
Final Paychecks in Tennessee
Separated employees in Tennessee must receive their final paychecks…
- By the next regular payday or within 21 days of separation, whichever is later.
- Including all earned and unpaid wages.
- With potential deductions for unreturned uniforms or property, only if a written agreement exists.
Tennessee Recordkeeping Requirements
In Tennessee, employers are required to maintain accurate records of employment-related documents to comply with various state and federal laws. Proper recordkeeping is essential for ensuring compliance with labor regulations, facilitating audits, and protecting both the employer and employees’ rights. The following outlines the specific retention periods for different types of records.
1 Year
Employers must retain these documents for at least one year:
- Records of hours worked by employees to ensure accurate payroll processing.
- Documentation of any changes in employee wages or salary rates.
- Current job descriptions for each position held by employees.
2 Years
Employers must retain these documents for at least two years:
- Detailed records of wages paid to employees, including deductions and benefits.
- Applications submitted by job candidates, whether hired or not.
- Records of employee performance reviews and evaluations.
3 Years
Employers must retain these documents for at least three years:
- Form 300 (Log of Work-Related Injuries and Illnesses), Form 300A (Summary), and Form 301 (Incident Report) must be maintained to comply with OSHA regulations.
- Documentation related to Family and Medical Leave Act (FMLA) requests and approvals.
- Evidence of employee training sessions, including safety training and certifications
4 Years
Employers must retain these documents for at least four years:
- Documentation related to compliance with the Fair Labor Standards Act (FLSA), including records of hours worked and wages paid.
- Employment tax records, including W-2 forms, which must be kept for at least four years after the filing date.
- Documentation related to employee benefits, including health insurance plans and retirement plans.
Penalties for Labor Law Noncompliance in Tennessee Wages
Up to $10,000FLSA Wage Violations
- Willful FLSA violations can result in fines up to $10,000 and six months of imprisonment for repeat offenses.
- Civil penalties up to $1,330 per violation for minimum wage or overtime breaches, and $2,374 per violation for repeated or willful violations.
$500 – $1,000Final Pay Violations
- Failure to pay wages within the legal timeframe after discharge or resignation is a Class B misdemeanor, with fines of $100 to $500 per offense.
- Civil penalties may range from $500 to $1,000 per violation.
Up to $137,602Child Labor Violations
- Civil penalties ranging from $150 to $1,000 per violation.
- Violations causing death or serious injury to minors under 18 can result in penalties up to $68,801, and $137,602 for willful or repeated violations.
- Transporting minors under 16 more than five miles for youth peddling may result in fines of $1,000 to $10,000, if other specific violations are present.
Up to $300,000Anti-Discrimination Violations
- Compensatory and punitive damages capped based on employer size:
- 15–100 employees: $50,000
- 101–200 employees: $100,000
- 201–500 employees: $200,000
- Over 500 employees: $300,000
- Liquidated damages for intentional age or sex-based wage discrimination, matching back pay.
In Tennessee, labor law violations are investigated and addressed by…
- The Labor Standards Unit enforces laws related to child labor, wages, prevailing wages, and employment eligibility.
- The Tennessee Human Rights Commission investigates discrimination complaints based on protected classes.
Curious how these laws compare in other states? Check out our comprehensive state-by-state labor law guides:
- Illinois Labor Laws: A Complete Guide to Wages, Breaks, Overtime, and More for 2025
- Colorado Labor Laws: A Complete Guide to Wages, Breaks, Overtime, and More (2025)
- West Virginia Labor Laws: A Complete Guide to Wages, Breaks, Overtime, and More (2025)
- Wisconsin Labor Laws: A Complete Guide to Wages, Breaks, Overtime, and More (2025)
- Oklahoma Labor Laws: A Complete Guide to Wages, Breaks, Overtime, and More (2025)
- New Mexico Labor Laws: A Complete Guide to Wages, Breaks, Overtime, and More (2025)
- Indiana Labor Laws: A Complete Guide to Wages, Breaks, Overtime, and More for 2025
Tennessee’s labor laws are governed by both federal and state regulations, including the Fair Labor Standards Act (FLSA), Family and Medical Leave Act (FMLA), Tennessee Occupational Safety and Health Administration (TOSHA), and the Tennessee Child Labor Act. These laws cover minimum wage, overtime, child labor, and workplace safety, among other employment issues.
In Tennessee, employees are entitled to a 30-minute meal or rest break after working 6 consecutive hours. However, this requirement does not apply to all employers and is generally more relevant in specific industries.
There is no state law limiting the number of hours an employee can work in a day. However, employees must be compensated according to the FLSA, which mandates overtime pay for non-exempt employees who work over 40 hours in a workweek.
Tennessee is a right-to-work state, meaning that an employer cannot require union membership or payment of union dues as a condition of employment. This law aims to protect employees’ rights to choose whether or not to join a union without facing discrimination.
Yes, many consider Tennessee to be an employer-friendly state due to its at-will employment doctrine, which allows employers to terminate employees for almost any reason without prior notice, as long as it does not violate anti-discrimination laws.
While Tennessee follows the at-will employment doctrine, wrongful termination claims can arise if an employee is fired for reasons that violate public policy, such as refusing to engage in illegal activities or for exercising certain legal rights.
Yes, under the at-will employment doctrine, employers in Tennessee can terminate employees without providing notice or explanation, unless the termination violates specific laws or contractual agreements.