What You Need to Know About Tennessee Labor Laws for Remote Workers
Remote workers often have difficulty understanding their rights because of their unique circumstances. Here’s everything you need to know about Tennessee labor laws for remote workers.
Tennessee labor laws still apply to remote workers even though they do not work on-site. This means that laws regarding minimum wage, fringe benefits, and discrimination protect remote workers.
Wage and Overtime Pay for Remote Tennessee Workers
Both remote and in-person workers in Tennessee are entitled to $7.25/hour of minimum wage. If a remote worker is receiving less than the minimum wage, they should discuss the matter with their employer or supervisor to ensure that they are getting the pay they deserve.
Tennessee does not have a state-specific minimum wage that is established by law. This means that any worker who is not receiving fair compensation must look to federal minimum wage laws to back up their claims.
Remote workers in Tennessee are granted the same overtime pay as in-person workers. They should receive 1 ½ times their regular hourly pay for all hours worked over 40 hours each week. Given that Tennessee’s minimum wage is $7.25/hour, the minimum overtime rate would be $10.88/hour.
It can be difficult for remote workers to calculate the hours they work because their working schedules are less supervised. To help with this, remote workers can download work-tracking apps or simply set specific times to work. However, most companies will keep track of how many hours each employee was online and working. Remote workers in Tennessee should always keep note of the hours they worked each week to receive the fairest compensation possible.
Related: Remote Employee Monitoring: Is it Legal?
Benefits for Remote Workers
Tennessee and federal laws do not dictate any fringe benefits for in-person or remote workers. These benefits could include:
- Health insurance
- Workers’ compensation
- Retirement plans
- Paid time off/ paid vacations
- Meal subsidizations
Remote workers can still protect themselves from being stripped of the benefits they are entitled to. If their employment contract states that they receive certain benefits such as paid time off or sick leave, they can take legal action against their employer if they attempt to remove those benefits.
There is additional protection for remote and in-person workers in Tennessee with the Family and Medical Leave Act. The act allows many Tennessee employees 12 workweeks of unpaid and protected leave in a 12-month period for certain family or medical purposes. These purposes can include:
- The birth and care of a newborn child
- The employee is placed with a child for adoption or foster care
- To care for the employee’s child, parent, or spouse if they have a serious health condition
- A serious health condition that prevents the employee from performing their job
Related: Texas Labor Laws for Remote Workers
Discrimination Protection Laws for Tennessee Remote Workers
The Tennessee Civil Rights Act as well as Title VII of the Civil Rights Act protect in-person and remote workers from workplace-based discrimination. According to both acts, it is illegal for an employer to fire or refuse to hire an employee or limit an employee in a way that would limit their future professional opportunities based on:
- Race
- Creed
- Color
- Religion
- Sex
- Age
- National origin
The acts also state that it is illegal for labor organizations to exclude, expel from membership, or otherwise discriminate against a member because of any protected characteristics stated above. It is also discriminatory for an employment agency to refuse to refer someone for employment because of any protected characteristics.
One exception to the discrimination laws is if religious groups or associations fire or refuse to hire someone or limit an employee based on religion. For example, it is legal for a Jewish synagogue to not hire an atheist for a rabbi position based on religion.
Related: Texas Discrimination Attorneys for Women
FAQs About Tennessee Labor Laws For Remote Workers
Do I get breaks if I work remotely?
Tennessee laws state that employees must have a 30-minute unpaid rest break for every consecutive 6 hours that they work. The exception to this is if the nature of business provides many opportunities for employees to rest or take a break. Because of this exception, many remote workers cannot typically expect the same breaks as in-person workers.
How can I prove that I’ve been discriminated against remotely?
It can be easier to prove discrimination in the workplace for remote workers than for in-person workers. Because the main forms of contact are emails, texts, and zooms, employees can record evidence of the discrimination occurring. To build a strong case, employees who feel they’ve been discriminated against should consult an experienced Tennessee attorney.
Am I still entitled to FMLA leave if I work from home?
Yes; remote workers are entitled to FMLA leave even if they work from home.
Am I entitled to break time to breastfeed as a remote worker?
Yes; even if a parent is working remotely, they are still entitled to reasonable break times to breastfeed their newborn children. This is a right granted by the Fair Labor Standards Act.
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If you or a loved one would like to learn more about Tennessee Labor Laws for Remote Workers, get your free consultation with one of our Employment Attorneys in Tennessee today!