(650) 332-8623Tennessee Labor Laws: Wages, Breaks and Overtime (2026)
Tennessee labor laws 2026: minimum wage, overtime, breaks, child labor & more. A full compliance guide for employers.
Tennessee meals and breaks
30 minutesMeal or rest break
The break can be scheduled any time after the sixth hour. Tennessee labor laws on breaks do not require 15-minute rest periods. Only the single 30-minute meal break applies. One exception: some industries are exempt. If the business naturally gives workers ample opportunity to rest, the formal break requirement does not apply. Food service and security are common examples.
Minors on your crew also get a 30-minute unpaid break after 6 consecutive hours. Schedule it outside the first hour of their shift or you are out of compliance.
Reasonable timeBreastfeeding break
Employees may use their regular break; no additional break entitlement.
Tennessee leave and paid time off (PTO)
Full-time state government employees accrue annual leave by years of service:
- Less than 5 years: 12 days per year
- 5 to 10 years: 18 days per year
- 10 to 20 years: 21 days per year
- Over 20 years: 24 days per year
Excess leave rolls to sick leave annually. Leave must be approved and cannot be taken before it accrues.
State employees accrue 12 days of sick leave per year. It covers personal illness, medical appointments, family care, pregnancy, adoption, and bereavement (up to 3 days for extended family). It accumulates without limit but cannot be advanced.
State employees receive paid leave on 12 recognized holidays. Saturday holidays are observed the prior Friday; Sunday holidays shift to Monday. Recognized holidays: New Year’s Day, MLK Jr. Day, Presidents’ Day, Good Friday, Memorial Day, Juneteenth, Independence Day, Labor Day, Columbus Day, Veterans’ Day, Thanksgiving, Christmas.
This applies to all employers with 5 or more employees. Workers called for jury duty receive paid leave for the full duration, including travel time. If service ends in under 3 hours, they must return to work or use accrued leave.
FMLA applies to employers with 50 or more employees. Workers with 12 months of service and 1,250 hours worked qualify for 12 weeks of unpaid leave. Qualifying reasons: childbirth, adoption, family care, or serious illness. Health benefits continue during leave.
State employees with 12 months of service may take up to 4 months of parental leave. It covers childbirth, adoption, or nursing. The first 6 weeks are paid; the rest is unpaid.
If your crew member is in the National Guard or Reserves, you must hold their job under the federal USERRA. Private employers are not required to pay wages during military leave. Public employers must provide up to 20 paid days per year under TCA § 8-33-109. For contractors, the obligation is reinstatement — not pay.
Special leave without pay: For extended illness or special work assignments. All accrued leave must be exhausted first. Approval from the appointing authority is required.
Extended leave: For long-term unpaid leave after exhausting all other leave types. Job protection is maintained. Approval from the appointing authority is required.
Compensatory time: Government employees may earn comp time instead of overtime pay. Accrued comp time can be used as personal leave.
Administrative leave: Paid leave for state-required duties such as assessments or interviews. Also available for blood or platelet donations. No other leave is deducted during this time.
Educational leave: Up to 75% of salary while pursuing job-related education or training.
Tennessee wages and overtime
$7.25/hourMinimum wage
The federal minimum wage in Tennessee is $7.25/hour; no state or local override permitted.
1.5x hourlyOvertime rate
Kicks in after 40 hours in a workweek for non-exempt employees
$2.13/hourTipped minimum wage
Total earnings including tips must reach $7.25
1x monthlyPay frequency
Wages must be paid at least once per month.
The salary threshold for exempt employees (executive, administrative, professional) is $684 per week ($35,568/year) — not $1,128/week. A federal court struck down the DOL’s 2024 rule in November 2024. The threshold reverted to the 2019 level and remains there. Tennessee has no separate state threshold.
Highly Compensated Employees must earn at least $107,432/year for the HCE exemption. Meeting the salary level alone is not enough — employees must also pass the duties test for their classification. Tennessee salary laws impose no additional state thresholds; these federal baselines are the floor.
Workers under 20 may be paid $4.25/hour for their first 90 days. After 90 days, the standard $7.25/hour floor applies. This is the sub-minimum wage most relevant to construction employers hiring younger workers.
Tennessee has no state minimum wage law. The $7.25 federal rate applies uniformly statewide. No city or county can set a higher local rate — this is one fewer compliance variable for contractors working across multiple Tennessee job sites.
Certain workers may be paid less than $7.25/hour under federal guidelines:
- Youth employees under 20: $4.25/hour for the first 90 days (most relevant to construction)
- Student learners: reduced wages during vocational training
- Full-time students: at least 85% of minimum wage in retail, agriculture, or at educational institutions
- Workers with disabilities: subminimum wage under specific federal conditions
- High school students in vocational programs (16+): 75% of minimum wage
- Seasonal and recreational workers and certain agricultural workers may also qualify for reduced rates
Executive, administrative, and professional (EAP) employees are exempt from minimum wage and overtime under the FLSA if they meet the salary and duties tests.
As of 2026, the federal salary threshold is $684/week ($35,568/year). See the FLSA Exemption Threshold section above for full details. Tennessee has no separate state threshold.
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Tennessee prevailing wages
$21.11/hourBricklayer
Lowest 2026 Highway Prevailing Wage rate (basic wages; benefits excluded)
$44.74Drill operator (caisson)
Highest 2026 Highway Prevailing Wage rate (basic wages; benefits excluded)
If your crew works on a state-funded highway construction contract over $50,000, prevailing wages apply. You must pay the rates set by the Tennessee Prevailing Wage Commission — not just the federal minimum. Those rates are updated every January 1.
These are the current published prevailing wage Tennessee rates from tn.gov, effective January 1, 2026 through December 31, 2026. Post them at the job site. Submit weekly certified payroll to the contracting agency. Failure to do either is a violation even if you’re paying correctly.
New in 2026: Expanded prevailing wage coverage
Gov. Lee signed HB 2541 on May 21, 2026. Prevailing wage requirements now extend beyond state-funded highway contracts. Non-state contracts on public highways funded by federal or state highway funds are also covered.
If your crew bids federally funded road or bridge work in Tennessee, check whether state prevailing wages now apply. This is a new obligation — it did not exist before May 2026.
Key resources
Tennessee child labor laws
A 16- or 17-year-old can work on your crew in Tennessee with restrictions. Workers 14 or 15 face tighter hour limits. Anyone under 14 cannot legally work on a jobsite.
Under 14 Years
Laws in Tennessee for children under 14
No jobsite work. The only exceptions are delivering newspapers, working in a family-owned business, and entertainment. None of these apply to construction.
Ages 14-15
Laws in Tennessee for children between 14 and 15
During the school year:
- Maximum 3 hours on a school day, 18 hours per week
- Only between 7:00 AM and 7:00 PM
During school breaks:
- Maximum 8 hours per day, 40 hours per week
- Between 6:00 AM and 9:00 PM
Ages 16-17
Laws in Tennessee for children between 16 and 17
No work during school hours. On school nights:
- Cannot work between 10:00 PM and 6:00 AM
- With written parental consent: can work until midnight, up to 3 school nights per week
Any minor working 6 or more consecutive hours must receive a 30-minute unpaid break. It cannot fall in the first hour of the shift.
Prohibited occupations for minors on construction sites
TCA § 50-5-106 prohibits minors under 18 from certain hazardous occupations. Several of these apply directly to construction sites:
- Power-driven woodworking machines
- Power-driven hoisting apparatus (elevators, lifts)
- Power-driven metal-forming, punching, and shearing machines
- Circular saws, band saws, and guillotine shears
- Explosives manufacturing or storage
- Logging and sawmill operations (including lath mill, shingle mill, cooperage-stock mill)
These prohibitions apply to all minors under 18, regardless of age group. If a task on your site involves any of these, no minor can perform it.
Other essential Tennessee labor laws
Workplace safety (TOSHA)
TOSHA — Tennessee’s state-level OSHA — has independent enforcement authority on Tennessee job sites. The obligations mirror federal OSHA: maintain a hazard-free workplace, provide PPE, and give safety training for job-specific risks. Keep records of all work-related injuries and illnesses.
Your crew has the right to report unsafe conditions without retaliation. File a complaint with TOSHA.
Hiring and/or firing employees in Tennessee
Either party can end employment at any time, for any reason or no reason. Exceptions apply. You cannot fire someone for: filing a workers’ comp claim, protected military service, refusing illegal activity, or a protected characteristic under anti-discrimination law.
Tennessee is a right-to-work state. Union membership and dues cannot be a condition of employment on any job, union or non-union.
Any noncompete you sign or renew on or after July 1, 2026 must comply with HB 1034. If the worker earns under $70,000/year, the agreement is void.
What the law requires:
- Noncompetes are void and unenforceable for employees earning less than $70,000 in annualized total compensation
- For hourly workers: annualized pay = hourly rate × 40 × 52
- Compensation includes wages, salary, commissions, and nondiscretionary bonuses
- Noncompetes of 2 years or less are presumed reasonable in duration
NDAs and non-solicitation agreements are not affected — those remain enforceable at any pay level. Review your templates before July 1.
All private employers with 6 or more employees must verify employment eligibility under the Tennessee Lawful Employment Act. Employers with fewer than 35 full-time equivalent employees may use acceptable identity documents instead of E-Verify. Employers with 35 or more full-time equivalent employees must use E-Verify. Report new hires to the Tennessee Department of Labor and Workforce Development within 20 days.
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Anti-discrimination laws
With 8 or more employees, you must comply with state and federal EEO laws. Tennessee prohibits discrimination based on race, color, religion, sex, national origin, disability, and age. The Tennessee CROWN Act adds protection for race-associated hairstyles. File complaints with the Civil Rights Enforcement Division (CRED) of the Tennessee Attorney General’s Office or the EEOC.
Background checks and drug testing
Both are legal in Tennessee. Background checks must comply with the federal Fair Credit Reporting Act. A certified drug-free workplace under the Tennessee Drug-Free Workplace Act qualifies you for certain benefits. Reduced workers’ comp premiums are the most common.
Workers’ compensation
Tennessee workers’ compensation law requires coverage for most employers with 5 or more employees. Construction employers must carry coverage regardless of employee count — the threshold does not apply to the construction industry. Coverage pays for medical treatment and lost wages for work-related injuries or illnesses.
You cannot fire a worker for filing a workers’ comp claim. Claims are administered through the Tennessee Bureau of Workers’ Compensation.
Final paychecks
When a worker leaves — fired or resigned — their final check is due by the next regular payday or within 21 days of separation, whichever is later. It must include all earned wages. Deductions for unreturned tools, uniforms, or property require a prior written agreement.
Unemployment benefits
Former workers can collect up to $325/week for up to 26 weeks. They must have been terminated through no fault of their own and be actively looking for work. When Tennessee’s unemployment rate drops to 5.5% or below, the cap drops to 12 weeks.
COBRA
Workers who lose employer-provided health coverage can extend it under COBRA for 18 to 36 months. They pay the full premium plus a 2% admin fee. They have 60 days to elect coverage after a qualifying event.
WARN Act Tennessee
Tennessee has two WARN Act obligations depending on your crew size. The federal WARN Act applies if you have 100 or more full-time employees. It requires 60 days’ written notice before a plant closing or mass layoff affecting 50 or more workers. Notice goes to affected employees, the Tennessee Department of Labor and Workforce Development, and local government.
Tennessee also has its own mini-WARN Act (TCA § 50-1-601), which covers the gap below 100 employees. If you have 50–99 employees, it applies to you. Reduce your workforce by 50 or more in a three-month period and you must notify the state’s Dislocated Worker Unit. Violations expose employers to back pay and benefits liability for the notice period.
Tennessee recordkeeping requirements
Keep these records for at least the periods listed. An audit or wage complaint can go back years — missing records are a liability.
1 year
Employers must retain these documents for at least one year:
- Hours worked per employee
- Wage and salary change documentation
- Current job descriptions
2 years
Employers must retain these documents for at least two years:
- Payroll records including deductions and benefits
- Job applications (hired and not hired)
- Performance reviews
3 years
Employers must retain these documents for at least three years:
- OSHA injury and illness logs (Forms 300, 300A, 301)
- FMLA documentation
- Safety training records and certifications
4 years
Employers must retain these documents for at least four years:
- FLSA compliance records — hours worked and wages paid
- W-2s and employment tax records
- Benefits plan documentation
Penalties for labor law noncompliance in Tennessee
Up to $10,000FLSA wage violations
Willful violations: fines up to $10,000 and up to 6 months imprisonment. Civil penalties: $1,330/violation; $2,374/violation for willful or repeated violations.
$500 – $1,000Final pay violations
Class B misdemeanor; $100–$500 per offense. Civil penalties: $500–$1,000 per violation.
Up to $137,602Child labor violations
Child labor violations — $150–$1,000/violation. Up to $68,801 per violation causing serious injury or death to a minor. Up to $137,602 for willful or repeated violations.
Up to $300,000Anti-discrimination violations
Anti-discrimination violations — caps by employer size: 15–100 employees ($50K); 101–200 ($100K); 201–500 ($200K); 500+ ($300K).
Enforcement contacts:
- Labor Standards Unit — wages, child labor, prevailing wages, employment eligibility: 844-224-5818
- Discrimination complaints — Civil Rights Enforcement Division (CRED)
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Curious how these laws compare in other states? Check out our comprehensive state-by-state labor law guides:
- Illinois Labor Laws 2026: A Complete Guide to Wages, Breaks, Overtime, and More
- Colorado Labor Laws: A Complete Guide to Wages, Breaks, Overtime, and More (2026)
- Oklahoma Labor Laws: A Complete Guide to Wages, Breaks, Overtime, and More (2026)
- New Mexico Labor Laws: A Complete Guide to Wages, Breaks, Overtime, and More (2026)
- Indiana Labor Laws: A Complete Guide to Wages, Breaks, Overtime, and More for 2026
Six consecutive hours. After that, a 30-minute unpaid break is required. Tennessee does not require 15-minute breaks or any other shorter paid rest periods.
$7.25/hour. Tennessee has no state minimum wage, so the federal rate applies. No local jurisdiction can set a higher rate.
Tennessee labor laws cover minimum wage, overtime, breaks, child labor, prevailing wages, workplace safety, and employment eligibility. Key laws include the FLSA, FMLA, the Tennessee Child Labor Act, the Wage Regulations Act, the Prevailing Wage Act, and TOSHA. Tennessee is an at-will, right-to-work state with no state minimum wage.
No limit. Tennessee has no state law capping daily work hours for adults. Overtime pay kicks in after 40 hours in a workweek — not after a set number of daily hours.
No employer — union or non-union — can require a worker to join a union or pay dues as a condition of employment. Tennessee has been a right-to-work state since 1947. The right was written into the state constitution in 2022.
Yes. Tennessee is widely considered employer-friendly. It is an at-will state, a right-to-work state, has no state income tax on wages, no state minimum wage above the federal floor, and relatively limited regulation of the employer–employee relationship.
Yes, with limits. Tennessee follows at-will employment, but wrongful termination claims can arise if a worker is fired for a protected reason — such as filing a workers’ comp claim, refusing to break the law, exercising military service rights, or a protected characteristic under anti-discrimination law.
Yes. Under at-will employment, a Tennessee employer can terminate without notice or explanation. The only limits are the protected reasons listed above. No advance notice is required unless a contract or policy states otherwise.
No. Tennessee does not require private employers to provide paid sick leave. There is no state or local paid sick leave mandate. Any sick leave offered is at the employer’s discretion.
Civil penalties range from $150 to $1,000 per violation. Violations causing serious injury or death to a minor can result in penalties up to $68,801. Willful or repeated violations: up to $137,602. Transporting minors under 16 more than five miles for youth peddling carries fines of $1,000 to $10,000 where other violations are present.
