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Tennessee Employment Laws for Employers

Reviewed Sep 25, 2026 5 of 13 rules verified against official sources How we verify

Not a substitute for the advice of an attorney. General information; laws vary by state. Terms of use

Final pay and unused vacation

Pending verification. Not verified for Tennessee yet, so no answer is shown. Each link opens the official source to check.

Wages, paydays and breaks

Minimum wage

What is the minimum wage?No state minimum wage law; federal $7.25 appliesVerified Sep 25, 2026 · 2 official sources

Tennessee has no state minimum wage law; employers subject to the FLSA must pay the federal minimum wage of $7.25 per hour. (U.S. DOL WHD, State Minimum Wage Laws (Tennessee))

“Tennessee No state minimum wage law. Employers subject to the Fair Labor Standards Act must pay the current Federal minimum wage of $7.25 per hour.”

U.S. DOL WHD, State Minimum Wage Laws (Tennessee) · dol.gov

dol.gov · lwdsupport.tn.gov

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Meal breaks

Do adult employees get a meal break?30 minutesVerified Sep 16, 2026 · 2 official sources

Tennessee employers must provide a 30-minute unpaid meal or rest period to employees scheduled to work 6 consecutive hours, except in workplaces that by their nature of business provide ample opportunity to take a break. (Statute (Tennessee), per U.S. DOL WHD meal period table)

“Tennessee ½ hour for employees scheduled to work 6 consecutive hours or more. The meal break shall not be scheduled during or before the first hour of scheduled work activity. Statute Applicable to every employer, except in workplace environments that by their nature of business provide ample opportunity to take an appropriate meal break. An employer may waive the right to a thirty-minute unpaid meal break pursuant to the voluntary written request of an employee who is principally employed in the service of food or beverages to customers and who, in the course of such employment, receives tips and reports the tips to the employer.”

Statute (Tennessee), per U.S. DOL WHD meal period table · dol.gov

“State law requires that employees must be provided a thirty (30) minute unpaid meal or rest period if scheduled six (6) consecutive hours, except in workplace environments that by their nature of business provides for ample opportunity to rest or take an appropriate break.”

Tenn. Code Ann. 50-2-103(h), per Tennessee Department of Labor and Workforce Development, Wages & Breaks (via Internet Archive snapshot of 2026-09-16) · tn.gov

dol.gov · tn.gov

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Paid sick leave

Pending verification:

Ending employment

At-will employment

Yes. Tennessee follows at-will employment, with these exceptions (Coker v. Carrier Corp., No. 4:05-cv-00051 (E.D. Tenn.), quoting Goot v. Metro. Gov't of Nashville & Davidson Cnty., No. M2003-02013-COA-R3-CV (Tenn. Ct. App. Nov. 9, 2005), and McGee, 106 S.W.3d at 67):

Public policy exception: recognized?RecognizedVerified Sep 24, 2026 · 2 official pages from the same agency

Tennessee recognizes a common-law retaliatory discharge claim for an at-will employee fired for trying to exercise a statutory or constitutional right, or for any other reason that violates a clear public policy evidenced by an unambiguous constitutional, statutory or regulatory provision (Webb v. Nashville Area Habitat for Humanity). A statutory claim also exists under the Tennessee Public Protection Act. (Levan v. Sears, Roebuck & Co., No. 3:11-cv-578 (E.D. Tenn. Nov. 25, 2013); Young v. United Parcel Service, Inc., No. 3:12-cv-0261 (M.D. Tenn. Jan. 16, 2014), citing Webb v. Nashville Area Habitat for Humanity, Inc., 346 S.W.3d 422, 437-38 (Tenn. 2011))

“In order to assert a common law retaliatory discharge claim, a plaintiff must show: (1) that an employment-at-will relationship existed; (2) that he was discharged; (3) that the reason for his discharge was that he attempted to exercise a statutory or constitutional right, or for any other reason which violates a clear public policy evidenced by an unambiguous constitutional, statutory, or regulatory provision; and (4) that a substantial factor in the employer’s decision to discharge him was his exercise of protected rights or his compliance with clear public policy.”

Levan v. Sears, Roebuck & Co., No. 3:11-cv-578 (E.D. Tenn. Nov. 25, 2013) · govinfo.gov

“Young’s common law retaliatory discharge claim requires him to prove: (1) that an employment-at-will relationship existed; (2) that the employee was discharged; (3) that the reason for the discharge was that the employee attempted to exercise a statutory or constitutional right, or for any other reason which violates a clear public policy evidenced by an unambiguous constitutional, statutory, or regulatory provision; and (4) that a substantial factor in the employer’s decision to discharge the employee was the employee's exercise of protected rights or compliance with clear public policy.”

Young v. United Parcel Service, Inc., No. 3:12-cv-0261 (M.D. Tenn. Jan. 16, 2014), citing Webb v. Nashville Area Habitat for Humanity, Inc., 346 S.W.3d 422, 437-38 (Tenn. 2011) · govinfo.gov

govinfo.gov · govinfo.gov

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Implied contract exception: recognized?Recognized, limitedVerified Sep 24, 2026 · 2 official sources

A Tennessee employee handbook can become part of an employment contract, but only if it contains specific language showing the employer's intent to be bound by its provisions (Keller v. Casteel; Rose v. Tipton County); courts apply a high standard, and language reserving the employer's right to change the handbook generally prevents it from being a contract. (Freeze v. City of Decherd, No. 12-6160 (6th Cir. June 4, 2014) (published), citing Rose v. Tipton Cnty. Pub. Works Dep't, 953 S.W.2d 690, 692 (Tenn. Ct. App. 1997); Bowman v. Town of Ashland City, No. 3:25-cv-00193 (M.D. Tenn. Feb. 17, 2026), quoting Keller v. Casteel, 602 S.W.3d 351, 360 (Tenn. 2020))

““In order to constitute a contract, however, the handbook must contain specific language showing the employer’s intent to be bound by the handbook’s provisions.””

Freeze v. City of Decherd, No. 12-6160 (6th Cir. June 4, 2014) (published), citing Rose v. Tipton Cnty. Pub. Works Dep't, 953 S.W.2d 690, 692 (Tenn. Ct. App. 1997) · opn.ca6.uscourts.gov

“Tennessee courts have recognized that an employee handbook may, as a matter of state law, “become part of an employment contract,” but only if it “contain[s] specific language showing the employer’s intent to be bound by the handbook’s provisions.””

Bowman v. Town of Ashland City, No. 3:25-cv-00193 (M.D. Tenn. Feb. 17, 2026), quoting Keller v. Casteel, 602 S.W.3d 351, 360 (Tenn. 2020) · govinfo.gov

opn.ca6.uscourts.gov · govinfo.gov

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Good faith and fair dealing exception: recognized?Not recognizedVerified Sep 24, 2026 · 2 official pages from the same agency

In Tennessee the implied duty of good faith and fair dealing cannot modify the employment-at-will doctrine: an employer does not breach it by firing an at-will employee for any reason (Goot v. Metropolitan Government of Nashville). (Coker v. Carrier Corp., No. 4:05-cv-00051 (E.D. Tenn.), quoting Goot v. Metro. Gov't of Nashville & Davidson Cnty., No. M2003-02013-COA-R3-CV (Tenn. Ct. App. Nov. 9, 2005), and McGee, 106 S.W.3d at 67; Foxx v. Healix Infusion Therapy, Inc., No. 3:12-cv-00120 (E.D. Tenn. Mar. 4, 2013), quoting Hill v. Sw. Tenn. Cmty. College (Tenn. Ct. App. 2010) and Goot (Tenn. Ct. App. 2005))

““the implied duty of good faith and fair dealing cannot modify the employment-at-will doctrine and, therefore, . . . an employer does not breach its implied duty of good faith and fair dealing when it discharges an at-will employee for any reason.””

Coker v. Carrier Corp., No. 4:05-cv-00051 (E.D. Tenn.), quoting Goot v. Metro. Gov't of Nashville & Davidson Cnty., No. M2003-02013-COA-R3-CV (Tenn. Ct. App. Nov. 9, 2005), and McGee, 106 S.W.3d at 67 · govinfo.gov

“The employment-at-will doctrine is not affected, however, by the duty.”

Foxx v. Healix Infusion Therapy, Inc., No. 3:12-cv-00120 (E.D. Tenn. Mar. 4, 2013), quoting Hill v. Sw. Tenn. Cmty. College (Tenn. Ct. App. 2010) and Goot (Tenn. Ct. App. 2005) · govinfo.gov

govinfo.gov · govinfo.gov

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Tennessee and its neighbors

StateFinal pay after firingFinal pay after quittingMinimum wagePaid sick leave
TennesseePending verification. Official source (tn.gov).Pending verification. Official source (tn.gov).No state minimum wage law; federal $7.25 appliesPending verification. Official source (tn.gov).
KentuckyNext payday or 14 days, whichever is laterNext payday or 14 days, whichever is later$7.25 per hourPending verification. Official source (elc.ky.gov).
VirginiaPending verification. Official source (law.lis.virginia.gov).Pending verification. Official source (law.lis.virginia.gov).$12.77 per hourYes, statewide
North CarolinaNext regular paydayNext regular payday$7.25 per hourNo statewide law
GeorgiaPending verification. Official source (dol.georgia.gov).Pending verification. Official source (dol.georgia.gov).$7.25 per hour (federal)Pending verification. Official source (dol.georgia.gov).
AlabamaPending verification. Official source (adol.alabama.gov).Pending verification. Official source (adol.alabama.gov).Pending verification. Official source (dol.gov).Pending verification. Official source (adol.alabama.gov).
MississippiPending verification. Official source (mdes.ms.gov).Pending verification. Official source (mdes.ms.gov).Pending verification. Official source (dol.gov).Pending verification. Official source (ca5.uscourts.gov).
ArkansasNext regular paydayPending verification. Official source (arkleg.state.ar.us).$11.00 per hourPending verification. Official source (labor.arkansas.gov).
MissouriDay of dischargePending verification. Official source (revisor.mo.gov).$15.00 per hourNo statewide law

Verified rules only; open a state for its sources.

What an employee costs in Tennessee

Every employer pays Social Security 6.2% (Publication 15), Medicare 1.45% (Topic 751) and FUTA (Topic 759). Tennessee adds its unemployment insurance tax:

Tennessee payroll tax, 2026Amount
Taxable wage base per employee$7,000
Rates for experience-rated employers0.01% to 10.00%
New-employer rate2.70%
FUTA credit reductionNone for 2025 or 2026
Estimated employer taxes on a $40,000 salary$3,291 (8.2%)

Of the $3,291, $189 is Tennessee unemployment insurance tax (2.70% on the first $7,000 of wages) and $3,102 is federal tax.

The estimate counts FUTA at 0.6% of the first $7,000 ($42 per employee), which assumes the full FUTA credit (Topic 759).

Estimate for a new employer and a full year; check with your payroll provider. Sources: U.S. DOL, State UI Laws, July 2026, page 5; U.S. DOL, FUTA credit reductions.

Federal wage enforcement in Tennessee

In FY2021 to FY2025, the federal Wage and Hour Division concluded 761 cases in Tennessee (n = 761), 674 with violations, finding $17,674,223 in back wages owed to 10,130 employees and assessing $3,837,420 in civil money penalties (DOL enforcement data). Overtime back wages were part of 44.5% of the violation cases. OSHA opened 7,688 inspections in the same years (OSHA data). Enforcement data is not a violation rate: it shows where federal investigators looked. Wage violations by industry.

Tennessee runs its own OSHA-approved State Plan that covers private employers, so workplace safety rules for most private workplaces in Tennessee are enforced by the state program rather than by federal OSHA (OSHA: State Plans).

Changelog

  • Sep 24, 2026: first verified, 3 rules.
  • Sep 26, 2026: verified: minimum wage (no state requirement), now backed by two independent official sources. (lwdsupport.tn.gov)
  • Sep 26, 2026: verified: meal breaks, now backed by two independent official sources. (tn.gov)

Questions about Tennessee employment laws

What is the minimum wage in Tennessee?

Tennessee has no state minimum wage law; employers subject to the FLSA must pay the federal minimum wage of $7.25 per hour. (U.S. DOL WHD, State Minimum Wage Laws (Tennessee))

Is Tennessee an at-will state?

Yes. Tennessee follows at-will employment, with exceptions. Of the 3 common exceptions, we have verified 3, and 2 are recognized in Tennessee (Coker v. Carrier Corp., No. 4:05-cv-00051 (E.D. Tenn.), quoting Goot v. Metro. Gov't of Nashville & Davidson Cnty., No. M2003-02013-COA-R3-CV (Tenn. Ct. App. Nov. 9, 2005), and McGee, 106 S.W.3d at 67).

Sources (11)

Checked Sep 25, 2026 · How we verify every rule · Report an error