Tennessee Employment Law

Tennessee does not have a minimum wage or overtime laws and, thus, has not adopted a definition of hours worked for purposes of compensation calculations. Because most employers and employees in Tennessee are subject to the federal Fair Labor Standards Act, the standards for hours worked set forth in that law typically apply.

The Fair Labor Standards Act defines the workweek as a fixed and recurring period of 168 hours comprised of seven consecutive 24-hour periods that do not need to coincide with the calendar week. It is adjustable only if the change is designed to be permanent. Each week is considered on its own for purposes of calculating overtime. The hours of two or more weeks may not be averaged.

Tennessee has no general provision governing overtime pay, but most nonexempt employees would be subject to the federal Fair Labor Standards Act, which requires that all work in excess of 40 hours per week be paid at a rate of one-and-one-half times the employee’s regular rate of pay.

Employees must have a 30-minute unpaid rest break or meal period if they are scheduled to work six consecutive hours. Workplaces that, due to the nature of their business, provide ample opportunity for employees to rest or take an appropriate break are exempt from the break requirement. Breaks may not be scheduled during or before the first hour of scheduled work activity.

Employers of tipped employees who are primarily employed to serve food and beverages may allow such employees to waive the right to a 30-minute break. To waive a meal break, the employee must knowingly and voluntarily submit a written request to the employer, and the employer and employee both must consent to the waiver; employers are prohibited from coercing an employee into waiving a break period. Minor employees must be granted an unpaid 30-minute break or meal period is scheduled to work six consecutive hours. The break time must be planned during or before the first hour of a scheduled shift.