| TENNESSEE |
| Quick Links |
 |
| |
 |
| |
 |
| |
 |
| |
 |
| |
 |
| |
 |
| |
 |
| |
 |
| |
 |
| |
 |
| |
 |
| |
 |
| |
 |
| |
 |
| |
 |
| |
 |
| |
 |
| |
 |
| |
 |
| |
 |
Disclaimer
This site is not intended to constitute legal advice and should not be relied upon as such. Additionally, no
attorney-client relationship has been created by your visiting and reading this site. Please consult a legal
professional before taking any action you believe may result in liability or litigation. Nothing on this site
creates an express or implied contract. While efforts are made to present only accurate and current
information, laws can and do change and interpretations vary among jurisdictions, so all information is
presented on an “as-is” basis. This site is for informational purposes only.
This site is not intended to constitute legal advice and should not be relied upon as such. Additionally, no
attorney-client relationship has been created by your visiting and reading this site. Please consult a legal
professional before taking any action you believe may result in liability or litigation. Nothing on this site
creates an express or implied contract. While efforts are made to present only accurate and current
information, laws can and do change and interpretations vary among jurisdictions, so all information is
presented on an “as-is” basis. This site is for informational purposes only.
Meals and Break
Tennessee employers must provide a 30-minute rest period to employees who are
scheduled to work six (6) consecutive hours, except in workplace environments where the
nature of the business provides for ample opportunity to rest or take an appropriate break.
Title 50-2-103 (h); TN Dept. of Labor FAQs. Employers are not required by state law to
provide any other breaks. However, if an employer chooses to do so, non-meal breaks,
usually of the type lasting less than 20 minutes, must be paid. DOL: Breaks and Meal
Periods.
Tennessee employers must provide a 30-minute rest period to employees who are
scheduled to work six (6) consecutive hours, except in workplace environments where the
nature of the business provides for ample opportunity to rest or take an appropriate break.
Title 50-2-103 (h); TN Dept. of Labor FAQs. Employers are not required by state law to
provide any other breaks. However, if an employer chooses to do so, non-meal breaks,
usually of the type lasting less than 20 minutes, must be paid. DOL: Breaks and Meal
Periods.
Vacation
In Texas, employers are not required to provide employees with vacation benefits, either
paid or unpaid. TN Code § 50-2-103(3). If an employer chooses to provide such benefits, it
must comply with the terms of its established policy or employment contract. TN Code § 50-
2-103(3), TN Atty Gen. Opinion No. 06-169.
An employer may lawfully establish a policy or enter into a contract denying employees
payment for accrued vacation leave upon separation from employment. TN Atty Gen.
Opinion No. 06-169.
An employer may also lawfully establish a policy or enter into a contract disqualifying
employees from payment of accrued vacation upon separation from employment if they fail
to comply with specific requirements, such as giving two weeks notice or being employed
as of a specific date of the year. TN Atty Gen. Opinion No. 06-169.
An employer is required to pay accrued vacation to an employee upon separation from
employment if its policy or contract requires it. See TN Atty Gen. Opinion No. 06-169.
An employer is not required to pay accrued vacation leave upon separation from
employment if the employer’s established policy or employment contract is silent on the
matter. TN Atty Gen. Opinion No. 06-169.
An employer may cap the amount of vacation leave an employee may accrue over time. See
TN Atty Gen. Opinion No. 06-169.
An employer may implement a “use-it-or-lose-it” policy requiring employees to use their
leave by a set date or lose it. See TN Atty Gen. Opinion No. 06-169.
In Texas, employers are not required to provide employees with vacation benefits, either
paid or unpaid. TN Code § 50-2-103(3). If an employer chooses to provide such benefits, it
must comply with the terms of its established policy or employment contract. TN Code § 50-
2-103(3), TN Atty Gen. Opinion No. 06-169.
An employer may lawfully establish a policy or enter into a contract denying employees
payment for accrued vacation leave upon separation from employment. TN Atty Gen.
Opinion No. 06-169.
An employer may also lawfully establish a policy or enter into a contract disqualifying
employees from payment of accrued vacation upon separation from employment if they fail
to comply with specific requirements, such as giving two weeks notice or being employed
as of a specific date of the year. TN Atty Gen. Opinion No. 06-169.
An employer is required to pay accrued vacation to an employee upon separation from
employment if its policy or contract requires it. See TN Atty Gen. Opinion No. 06-169.
An employer is not required to pay accrued vacation leave upon separation from
employment if the employer’s established policy or employment contract is silent on the
matter. TN Atty Gen. Opinion No. 06-169.
An employer may cap the amount of vacation leave an employee may accrue over time. See
TN Atty Gen. Opinion No. 06-169.
An employer may implement a “use-it-or-lose-it” policy requiring employees to use their
leave by a set date or lose it. See TN Atty Gen. Opinion No. 06-169.
Severance
Tennessee law does not require employers to provide employees with severance pay. TN
Dept. of Labor FAQs. If an employer chooses to provide severance benefits, it must comply
with the terms of its established policy or employment contract.
Tennessee law does not require employers to provide employees with severance pay. TN
Dept. of Labor FAQs. If an employer chooses to provide severance benefits, it must comply
with the terms of its established policy or employment contract.
Holidays
Tennessee law does not require employers to provide employees with either paid or
unpaid holiday leave. TN Dept. of Labor FAQs. In Tennessee, an employer can require an
employee to work holidays. An employer does not have to pay an employee premium pay,
such as 1 1/2 times the regular rate, for working on holidays, unless such time worked
qualifies the employee for overtime under standard overtime laws. If an employer chooses
to provide either paid or unpaid holiday leave, it must comply with the terms of its
established policy or employment contract.
Tennessee law does not require employers to provide employees with either paid or
unpaid holiday leave. TN Dept. of Labor FAQs. In Tennessee, an employer can require an
employee to work holidays. An employer does not have to pay an employee premium pay,
such as 1 1/2 times the regular rate, for working on holidays, unless such time worked
qualifies the employee for overtime under standard overtime laws. If an employer chooses
to provide either paid or unpaid holiday leave, it must comply with the terms of its
established policy or employment contract.
Minimum Wage
Tennessee has not established a minimum wage rate. TN Dept. of Labor FAQs. The
federal minimum wage rate applies. Currently, the federal minimum wage rate is $7.25
on July 24, 2009. FLSA: Minimum Wage.
Tennessee has not established a minimum wage rate. TN Dept. of Labor FAQs. The
federal minimum wage rate applies. Currently, the federal minimum wage rate is $7.25
on July 24, 2009. FLSA: Minimum Wage.
Overtime
Tennessee does not have laws governing the payment of overtime. TN Dept. of Labor
FAQs. Federal overtime laws apply. See FLSA: Overtime for more information regarding
overtime requirements.
Tennessee does not have laws governing the payment of overtime. TN Dept. of Labor
FAQs. Federal overtime laws apply. See FLSA: Overtime for more information regarding
overtime requirements.
Sick Leave
Tennessee law does not require employers to provide employees with sick leave benefits,
either paid or unpaid. TN Dept. of Labor FAQs. If an employer chooses to provide sick leave
benefits, it must comply with the terms of its established policy or employment contract.
An employer in Tennessee may be required to provide an employee unpaid sick leave in
accordance with the Family and Medical Leave Act or other federal laws.
Tennessee law does not require employers to provide employees with sick leave benefits,
either paid or unpaid. TN Dept. of Labor FAQs. If an employer chooses to provide sick leave
benefits, it must comply with the terms of its established policy or employment contract.
An employer in Tennessee may be required to provide an employee unpaid sick leave in
accordance with the Family and Medical Leave Act or other federal laws.
| EmploymentLawHandbook.com |
| Your Employment and Labor Law Resource |
| E |
| H |
| L |
| Wage and Hour Laws for Private Sector Employers |
If you do not find the answer to your question through these summaries or
related links, feel free to contact us with your question. We'll do our best to help
you find the answer you are looking for.
related links, feel free to contact us with your question. We'll do our best to help
you find the answer you are looking for.
TOPICS COVERED (Scroll down for detailed information):
- Minimum Wage
- Overtime
- Meals and Breaks
- Vacation Leave
- Sick Leave
- Severance Pay
- Holiday and Sunday Leave
- Jury Duty
RELATED TOPICS:
Jury Duty
An employer who employs five (5) or more employees must pay employees for time spent
serving jury duty, except employees who are employed on a temporary basis of less than
six (6) months. An employer may deduct from the wages any fees received by the
employee for serving on the jury.
An employer must grant an employee an excused absence for jury service if the employee
shows the jury summons to the employer on the next workday after receiving the
summons, so long as the employee's jury service last more than three (3) hours on the
days of service. An employer may not discharge or in any manner discriminate against an
employee for serving jury duty if such employee, prior to taking time off, gives the required
notice.
If an employee summoned for jury duty is working a night shift or is working during hours
preceding those in which court is normally held, the employee must be excused from work
for the shift immediately preceding the employee's first day of service. After the first day of
service, when the employee's responsibility for jury duty exceeds three (3) hours during a
day, the employee must be excused from the employee's next scheduled work period
occurring within twenty-four (24) hours of the day of jury service.
Tennessee Stat. 22-4-108
An employer who employs five (5) or more employees must pay employees for time spent
serving jury duty, except employees who are employed on a temporary basis of less than
six (6) months. An employer may deduct from the wages any fees received by the
employee for serving on the jury.
An employer must grant an employee an excused absence for jury service if the employee
shows the jury summons to the employer on the next workday after receiving the
summons, so long as the employee's jury service last more than three (3) hours on the
days of service. An employer may not discharge or in any manner discriminate against an
employee for serving jury duty if such employee, prior to taking time off, gives the required
notice.
If an employee summoned for jury duty is working a night shift or is working during hours
preceding those in which court is normally held, the employee must be excused from work
for the shift immediately preceding the employee's first day of service. After the first day of
service, when the employee's responsibility for jury duty exceeds three (3) hours during a
day, the employee must be excused from the employee's next scheduled work period
occurring within twenty-four (24) hours of the day of jury service.
Tennessee Stat. 22-4-108
