What’s new in 2026
- As of March 2026, no new or updated laws are currently scheduled to take effect in 2026.
Federal law posters
State law posters
Wage and Hour Laws
Minimum Wage
Tennessee doesn’t set a state minimum wage rate. Tennessee employers covered by the federal Fair Labor Standards Act (FLSA) must pay non-exempt employees the federal minimum wage, currently $7.25 an hour.
The FLSA applies to most private employees with some exemptions. Employees exempt from the minimum wage requirements of the FLSA include:
- Executive, administrative, and professional employees who earn a minimum salary amount.
- Outside sales employees.
- Certain farmworkers.
- Some student workers.
Employers covered by the FLSA must display a federal minimum wage notice in their workplace.
Tipped Minimum Wage
Tennessee doesn’t have a tipped minimum wage law at the state level.
Employers can pay tipped employees less than the minimum wage (no less than $2.13 an hour) as long as their wages and tips equal the minimum wage ($7.25 an hour). If there’s a shortfall, employers must pay the difference to meet the minimum wage. Tipped employees are those who regularly earn more than $30 a month in tips. Tip pooling is allowed in Tennessee as long as employees receive advance notice of the policy, and only eligible employees participate (managers and supervisors can’t be included).
Overtime Laws
Tennessee doesn’t have any state-level overtime laws, so the requirements under the FLSA apply.
The FLSA requires employers to pay non-exempt employees 1.5 times their hourly rate for any hour they work over 40 hours a week.
Employees exempt from overtime under the FLSA include:
- Executive, administrative, and professional employees who earn a minimum salary amount.
- Outside sales employees.
- Certain commissioned employees.
- Domestic workers who live in their employer’s residence.
- Farmworkers.
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Meal and Rest Breaks
Tennessee law requires employers of 5+ employees to give an unpaid break of at least 30 minutes to employees scheduled to work 6 consecutive hours.
This break can’t be scheduled during the first hour of work, and doesn’t apply if the nature of the work allows for frequent opportunities for rest. Tipped employees in food service may waive their right to this break in writing to their employer.
The state doesn’t mandate paid breaks. However, under the FLSA, any break of 20 minutes or less must be paid, while longer breaks may be unpaid if the employee is free from all work duties.
Payday Frequency and Method
Employers in Tennessee must pay employees at least once a month.
Employers who pay employees monthly must issue payments no later than the 5th day of the month following the one in which the employees earned their wages.
Employers who pay their employees 2 or more times a month must follow these rules:
- Any wages earned in the first half of the month (before the 16th) must be paid no later than the 5th day of the following month.
- Any wages earned in the second half of the month (from the 16th to the last day) must be paid no later than the 20th day of the following month.
Tennessee employers must set regular paydays. They also must post at least 2 notices in the workplace advising employees of their regular paydays.
Employees can be paid by:
- Cash.
- Check.
- Electronic bank transfer (direct deposit).
- Credit to a prepaid debit card.
The final option is allowed only if:
- Employees are also given the choice to receive their pay via electronic bank transfer.
- Employees can make at least 1 withdrawal or transfer each pay period without cost.
Wage Deductions and Garnishments
Wage deductions and garnishments are governed by both state and federal law. Employees must sign a written agreement before employers can make any deduction from employees’ wages for items like uniforms, equipment, and till shortages, but employers don’t need authorization for deductions required by law.
Employers must withhold employees’ wages when they receive a garnishment order from a court that includes a Notice to the Garnishee section instructing the employer to withhold wages. Garnishment caps depend on what they’re for:
- Child support and alimony: 50% to 65% of disposable earnings, depending on whether employees have other dependents and whether they’re more than 12 weeks in arrears.
- Federal student loans: 15%
- Federal taxes: Calculated based on employees’ filing status and number of dependents.
Other debts are capped at whichever is less: 25% of a debtor’s weekly disposable earnings, or the amount their weekly earnings exceed 30 times the federal minimum wage ($217.50).
Employees can protect an extra $2.50 weekly per dependent child under 16 when calculating garnishment limits.
Federal law prohibits employers from terminating employees because of a single wage garnishment, but doesn’t protect employees with multiple garnishments.
Recordkeeping
Employers must keep employee wage and payroll records on their premises and make them available to the Department of Labor and Workforce Development. Records maintained off premises should be made available to the inspector within an agreed timeframe.
Under the FLSA, employers must keep records for non-exempt employees. Records must include:
- Employee name, address, date of birth, and social security number.
- Hours worked.
- When the workweek starts.
- Pay rate.
- Overtime hours.
- Any pay deductions.
- Pay per pay period.
- Date of pay and pay period.
Tennessee employers must report all new hires to the Department of Labor and Workforce Development within 20 days of their hire date. Failure to do so can result in fines.
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Employee Compensation and Benefits
Final Paycheck Laws
Employees whose employment is voluntarily or involuntarily terminated must be paid their full wages by the next regular payday or within 21 days of separation, whichever is later.
Employers may make deductions from final wages for unreturned uniforms or equipment if the employee previously signed a policy or agreement allowing the employer to do so.
Final paychecks must include any accrued, unused vacation pay or other leave if a company policy or employment agreement requires this.
Reporting Time Pay
Tennessee has no reporting time pay laws (these require that employers pay employees for showing up for a shift regardless of whether they’re given work or sent home early). This means Tennessee employers are only legally required to pay employees for the hours they work.
Employee Scheduling Laws
There are no predictive scheduling laws in Tennessee.
State law prohibits local governments from introducing any laws that place restrictions or requirements on employers concerning scheduling.
Workers’ Compensation
The Tennessee Bureau of Workers’ Compensation (BWC) assists employers and employees in navigating the workers’ compensation claim process and understanding their responsibilities under the Tennessee Workers’ Compensation Law.
The following businesses must have workers’ compensation insurance:
- All construction or mining employers with at least 1 employee.
- All other employers with 5 or more employees.
Employers have several options for getting workers’ compensation insurance in Tennessee:
- From insurance companies licensed to sell workers’ compensation insurance in Tennessee.
- Via an Assigned Risk Plan (for employers who are refused a policy by 2 or more insurance companies).
- From an approved group self-insurance program, trust, or association.
- Through self-insurance.
Employers must display the Workers’ Compensation notice, informing employees of their rights, and employers can’t retaliate against employees for reporting a workplace injury.
When an employee is injured in the workplace or becomes aware that an illness was caused by their work, they must report it to their employer in writing within 15 calendar days.
The employer must then give the employee an Employee’s Choice of Physician form, and report the work-related injury or illness to their insurer within 1 working day. Employers must take this action even if they doubt the employee’s report.
If a workers’ compensation claim is accepted, employees may receive benefits to cover medical care, travel expenses, temporary or permanent disability benefits, and death expenses.
The Mediation and Ombudsman Services of Tennessee (MOST) program offers a dispute resolution process for employees who want to dispute denied compensation claims.
Disputes that can’t be resolved may proceed to the Court of Workers’ Compensation Claims and, finally, the Workers’ Compensation Appeals Board.
Unemployment Insurance
Most Tennessee employers are required to pay unemployment insurance (UI) tax to support the Tennessee Unemployment Insurance Trust Fund. This fund pays UI benefits to eligible unemployed workers.Tennessee employers must file a Report to Determine Status Application for Employer Number to determine their liability for unemployment insurance. In general, employers must pay UI tax if they are:
- Liable under the Federal Unemployment Tax Act with at least 1 employee in Tennessee.
- Pay more than $1,500 gross wages in a calendar quarter or have at least 1 employee across any 20 weeks of the year, regardless of wages paid.
- Paid cash wages of $1,000 or more in any calendar quarter for domestic services.
- Non-profit organizations with 4 or more employees across any 20 weeks of the year.
- Agricultural employers with 10 or more employees across any 20 weeks of the year or who pay $20,000 or more in gross wages in a calendar quarter.
- Employers who volunteer to pay unemployment tax.
- Employers who have acquired all or a part of another business that was already liable.
Eligible employees who lose their jobs through no fault of their own, and are able, available, and actively looking for work, can file an application to receive unemployment benefits.
There is a minimum earnings requirement, but if eligible, claimants may receive benefits up to $325 a week for up to 12 weeks a year (which may increase up to 20 weeks when the state average unemployment rate rises above 5.5%).
Workplace Rights and Protections
Discrimination and Harassment
Both federal and state human rights laws apply in Tennessee, and all employers must display a “discrimination in employment” poster in the workplace.
Employers can’t discriminate against someone based on their:
- Race.
- Creed.
- Color.
- Religion.
- Sex.
- Pregnancy.
- Age (over 40 years old).
- National origin.
- Disability (unless the disability affects job performance).
Tennessee employers can’t pay employees a different salary or wage based on sex. Wage differences can be justified only on other factors unrelated to sex—for example, seniority or a merit system.
Under Tennessee law, policies that prevent employees from wearing their hair in locs, braids, twists, or another style that is part of their cultural identification are discriminatory. There are limited safety exceptions to this.
Employees who feel they’ve been discriminated against can file a complaint with the Civil Rights Enforcement Division (CRED). They must do so within 180 days of the alleged discriminatory act.Employees may also have up to 300 days to file a complaint with the federal Equal Employment Opportunity Commission (EEOC).
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Leave Laws
| ✅ Family and Medical Leave | Tennessee doesn’t have a state-level family and medical leave law. However, the federal Family and Medical Leave Act (FMLA) applies to eligible Tennessee employers. This is generally those who employ at least 50 people for at least 20 weeks of the current or previous calendar year. Under the FMLA, employers must provide employees with up to 12 weeks of unpaid leave each year to:
To qualify for FMLA leave, employees must have worked for the company for at least 12 months and 1,250 hours, and work at a location where employers have at least 50 employees within a 75 mile radius. |
| ❌ Paid Sick Leave | Tennessee doesn’t require private employers to provide employees with sick leave. However, many employers choose to do so. Where they do, the employment contract, employer policy, or bargaining agreement terms apply. Employers who offer paid sick leave aren’t required to pay employees any accrued leave when the employee leaves the company. |
| ❌ Paid Family Leave | Tennessee doesn’t have a state-level paid family leave law. However, under the Tennessee Paid Family Leave Insurance Act, insurance providers can offer paid family leave policies to employers. This coverage is voluntary. If an employer chooses to take it out, this insurance may provide workers with some or all of their wages when taking leave:
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| ✅ Pregnancy and Parental Leave | In Tennessee, employers with 100 or more employees must give employees who have worked for them full-time for a minimum of 12 consecutive months up to 4 months leave for pregnancy, childbirth, nursing, or adopting a child. This leave doesn’t have to be paid. If an employee gives their employer at least 3 months’ notice of their intention to take this leave, they must be able to return to the same or an equivalent position. If an employee can’t provide 3 months’ notice due to a medical emergency or short notice of adoption, their position is still protected. This leave must run concurrently with any leave under the federal FMLA. |
| ❌ Vacation and Personal Leave | Private employers in Tennessee aren’t required by law to provide employees with vacation or personal leave. However, many choose to do so. Where an employer does provide vacation or personal leave, they must follow the relevant terms of the employment contract, internal leave policy, and bargaining agreement. Where employers offer employees paid vacation leave, they:
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| ❌ Holiday Leave | Private employers in Tennessee aren’t required to provide employees with holiday leave. However, they may choose to do so. |
Military, Jury Duty, and Other Mandatory Leave
| Military Leave | The federal Uniformed Service Employment and Reemployment Rights Act (USERRA) applies to Tennessee employers. Under USERRA, employers must reinstate employees returning from military service to the same position they would have had if not for their military service absence. Employees must meet specific criteria to be eligible for reemployment rights under USERRA. |
| Jury Duty Leave | Tennessee employers with 5 or more employees must give employees paid jury duty leave. This doesn’t apply to temporary employees who have been with the organization for less than 6 months. If employees receive compensation for performing jury duty service, employers can deduct this amount from the wages paid to the employees. Employers can’t terminate or discriminate against employees for taking jury duty leave. |
| Voting Leave | Tennessee employers must give employees up to 3 hours of paid leave to vote if employees don’t have 3 hours before or after their shift during which the polls are open. Employees must request voting leave by midday the day before an election. |
| Volunteer Firefighter Leave | Employers can’t terminate employees who are late to or absent from work because they were responding to an emergency as a volunteer firefighter. Employees in this situation should make reasonable efforts to let their employer know they will be late or absent. Employees involved in firefighting for over 4 hours must be allowed to take the following workday (scheduled in the following 12 hours) as paid vacation, sick leave, or unpaid leave. |
| Veteran Leave | Employers must give all military veteran employees unpaid leave on November 11th (Veterans’ Day), unless their absence would cause significant economic or operational disruption. To access this leave, employees must provide the employer with 1 month’s written notice of their intention to take leave, along with proof of their veteran status. |
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Child Labor Laws
The state Child Labor Law protects employees under the age of 18.
In most cases, employing minors is prohibited. Limited exceptions include, for instance, where:
- The employer is the child’s parent or guardian, and the work is non-hazardous.
- The job involves agricultural work.
- The job involves the sale or distribution of newspapers.
- The minor is self-employed.
- The minor is a musician or entertainer.
The employment of minors aged 14 or 15 can’t interfere with their schooling, health, or well-being.
When hiring minors, employers must obtain proof of age—for example, a birth certificate or passport. They must also post a child labor law poster in the workplace.
14- and 15-year-olds | 16- and 17-year-olds | |
|---|---|---|
| When school is in session | Can’t work:
| Can’t work when they’re required to be in class. |
| When school isn’t in session | Can’t work:
| |
| Limit on hours | Can’t work: Between 7 pm and 7 am when school is in session. Anytime between 9 pm and 6 am when school is not in session. | Can’t work between 10 pm and 6 am on evenings before a school day unless their parent or guardian provides signed consent. This consent allows them to work until midnight on nights before a school day, as long as evening work is limited to 3 times a week. |
| Limit on types of work | Tennessee law prohibits minors from working in a range of hazardous occupations, including:
Full list of prohibited occupations. | |
Workplace Safety and Health
Tennessee’s Occupational Safety and Health Administration adopts many federal standards requiring employers to protect employees’ safety and health.
Employers must:
- Provide a hazard-free workplace.
- Comply with relevant occupational safety and health standards and regulations.
- Allow the Department of Labor and Workforce Development to inspect their workplace and assist them in doing so.
- Report any workplace fatality to the Tennessee Occupational Safety and Health Administration (TOSHA) within 8 hours (includes fatalities that happen within 30 days of a workplace incident).
- Report workplace injuries that result in hospitalization within 24 hours of an incident.
In turn, employees must comply with all occupational safety and health rules, standards, regulations, and orders.
TOSHA can conduct workplace inspections and investigate safety complaints concerning a workplace. Employers can’t retaliate against an employee for making a complaint to TOSHA.
Labor Union Regulations
Tennessee is a right-to-work state, meaning employees can choose whether or not they want to join a union. Employers can’t require employees to join or not join a union.
Similarly, employers can’t deny someone employment based on their payment or non-payment of union fees.
Employment Contracts and Severance
Employment Contract Laws
Tennessee is an at-will employment state. This means an employer or employee can terminate an employment contract at any time without cause.
However, there are limits to this general principle. Employers can’t terminate employees for illegal reasons—for example, based on protected characteristics like race, sex, or age.
The specific terms of an employment contract can also replace the presumption of at-will employment. Collective bargaining agreements may also define the terms of an employment relationship.
Employment contracts are typically written—although they can be oral or implied. Contracts address aspects of the employment relationship such as wages, fringe benefits, severance, and grounds for termination. They may be fixed-term or ongoing.
Tennessee allows reasonable noncompete and non-solicitation agreements provided they protect a genuine business interest, like a trade secret or customer relationship, and are supported with adequate consideration.
Severance Pay
There are no laws in Tennessee requiring employers to offer severance pay.
Severance pay is a matter for employees and employers to agree on and must comply with any relevant terms of an employment contract, employer’s policies, and collective bargaining agreement.
Paystub Requirements
Tennessee has no state-level laws requiring employers to provide employees with pay stubs or statements. Employers can choose to provide electronic pay stubs to employees.
Additional Laws That Might Apply to You
| Lawful Employment Act | Tennessee employers must only hire workers who are legally authorized to work in the US. Any employer with 35 or more full-time employees must use the E-Verify system to verify employees’ status. Employers with fewer than 35 full-time employees can choose to use the E- Verify system or collect and maintain employee identity records. Failing to register with E-Verify as required or failing to verify an employee can result in fines starting at $500 and increasing for repeat violations. |
| Lactation Breaks | Under Tennessee law, employers with at least 1 employee must provide reasonable breaks to employees who need to express for their child. This break doesn’t have to be paid and should run concurrently with any other break time offered to the employee, if possible. The only exception to this is where offering such a break would disrupt business operations. The employer should provide a private location, other than a bathroom, where employees can take these breaks. |
| Employee Online Privacy | The Employee Online Privacy Act prohibits employers from asking employees to provide information regarding their personal internet accounts. This includes passwords and contact lists. The Act also prohibits employers from taking adverse action against employees who refuse to provide this information. |
| Mini-COBRA law | The federal Consolidated Omnibus Budget Reconciliation Act (COBRA) maintains employees’ health insurance if they lose their jobs or have their hours cut. However, this federal law applies only to employers with 20 or more employees. Tennessee has a mini-COBRA law that applies to employers with fewer than 20 employees. Eligible employees are entitled to up to 3 months’ continuation of insurance coverage after termination. |
| Whistleblower Protections | Employers can’t terminate an employee for refusing to participate in an illegal activity or for reporting an illegal activity. |
| Pregnant Workers Fairness Act | Employers with 15 or more employees must make reasonable accommodations for medical needs related to pregnancy and childbirth. The only exception is when doing so would create an undue hardship on the employer. |
COVID-19 Related Laws and Regulations
Tennessee’s COVID-19 law remains in effect after the removal of its expiry clause in 2023. It sets the following workplace rules:
- Generally, private employers can’t require proof of vaccination or take adverse action if an employee objects to receiving the COVID-19 vaccine.
- Employees who are discharged for refusing a COVID-19 vaccine are entitled to unemployment benefits.
Navigating Legal Issues and Resources
To learn more about your obligations as an employer or your rights as an employee under labor laws in Tennessee, visit the Tennessee Department of Labor and Workforce Development’s website.
The Department includes the:
- Tennessee Occupational Safety and Health Administration.
- Bureau of Workers’ Compensation.
- Workplace Regulations and Compliance Division.
If you’re an employee and can’t afford legal representation or advice for your employment issue, you may find the following resources helpful:
- TN Free Legal Answers, a virtual legal advice clinic run by the American Bar Association.
- Help4TN, a website with free legal resources on several employment law topics— including unemployment benefits, workers’ compensation, and employee rights.
Understanding and navigating labor laws in Tennessee is complex. Federal, state, and local laws and regulations can apply and regularly change. For these reasons, you must seek professional legal advice about your situation.
Disclaimer
The information presented on this website about labor laws in Tennessee is intended to be a summary for informational purposes only. However, laws and regulations regularly change and may vary depending on individual circumstances. While we have made every effort to ensure the information provided is up-to-date and reliable, we cannot guarantee its completeness, accuracy, or applicability to your specific situation. Therefore, we strongly recommend that readers seek guidance from their legal department or a qualified attorney to ensure compliance with applicable laws and regulations. Please note that we cannot be held liable for any actions taken or not taken based on the information presented on this website.