What You Need to Know About Tennessee Employment Laws
Apart from federal protections and laws, Tennessee has implemented several rights for employees in the workplace. Here’s everything you need to know about Tennessee’s employment laws and workers’ rights.
Employees in Tennessee are protected by a combination of state and federal laws that determine their wages, time off, and employee rights. Employees in Tennessee need to be familiar with labor laws and understand their rights so they can take action if their employment rights are violated.
Tennessee Wage Laws
The wage laws in Tennessee are largely determined by federal law. This includes minimum wage, which federal law states are $7.25/hour for non-exempt workers and $2.13/hour for workers who primarily make their living from tips. Tennessee also requires that employers disclose wage rates before an employee starts work, and prohibits employers from misrepresenting total wages.
Tennessee also follows federal law relating to overtime which states that non-exempt employees must be paid time and a half for any hours worked over 40 hours a week. Exempt employees must:
- Be paid on a salary basis
- Make at least $684 per week
- Must meet the job duties test (executive exemption, administrative exemption, or professional exemption)
Tennesse prohibits wage discrimination which is when an employer pays one employee more than another employee with the same duties and position based on discriminatory reasons. Employees’ wages are protected against discrimination based on sex, race, age, or religion under the Equal Pay Act of 1963.
Related: Tennessee Labor Laws for Remote Workers
Lastly, it should be noted that following termination, an employee must be paid all wages due and owing by the next regular payday and not exceeding 21 days from the date of termination.
Tennessee Workplace Breaks & Leave Laws
Meal Breaks
Tennessee requires that all employees scheduled to work at least 6 hours receive a 30-minute break. There are no additional break requirements for meals, and breaks are not required in places where the nature of the business provides abundant opportunities to rest or take breaks.
Vacation Leave
Employers are not required to provide vacation leave in Tennessee. However, if a company’s policy or employment contract allows for vacation leave, employers must comply with the terms of the contract.
Businesses also have the right to deny payment for accrued vacation leave at the end of a contract as long as the contract does not specifically require it.
Sick Leave
Smaller companies in Tennessee are not required to provide paid or unpaid sick leave. If the company allows sick leave in their policies or employee contract, they must adhere to the policy. However, companies with at least 50 employees are required to provide up to 12 weeks of unpaid leave each year.
Jury Duty & Voting
Employers in Tennessee with at least 5 employees are required to provide employees paid time off for jury duty. However, if an employee is hired as a temporary employee for less than 6 months, paid time off for jury duty is not required.
Employers are also required to provide up to 3 hours of paid time off for employees to vote in elections. If the polls are open at least three hours before or after an employee’s shift, employers do not have to provide time off.
Parental Leave
If an individual has been employed for at least 1 year as a full-time employee at a company with at least 100 employees, the company must provide time off for parenting reasons. Employees may take up to 4 months off for adoption, pregnancy, or childbirth.
However, employers are not required to provide time off if the employee gives less than a 3 months notice that they will be taking time off, or if the job duties do not allow for extended leave.
Tennessee Employee Rights
Tennessee is an at-will employment state meaning either employee or employer can terminate employment for virtually any reason, as long as a contract is not in effect. However, employees are protected from termination based on discriminatory factors, retaliation, or legal duties.
Related: Remote Employee Monitoring: Is it Legal?
Tennessee prohibits discriminatory hiring practices. Employers cannot hire or fire employees based on race, creed, color, religion, sex, age, or nationality. The Americans with Disabilities Act of 1990 also prevents employers from discriminating against individuals with physical, mental, or visual disabilities.
Employees are also protected against retaliatory termination. If an employee must leave for military or jury duty then cannot be fired. Employers also cannot terminate employees who file a workers’ compensation claim, discrimination claim, or who are part of a whistleblower investigation.
Contact Us
If you or a loved one would like to learn more about Tennessee Employment Laws, get your free consultation with one of our Employment Attorneys in Tennessee today!