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.”
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.”
“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.”
Pending verification:
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: Recognized (Levan v. Sears, Roebuck & Co., No. 3:11-cv-578 (E.D. Tenn. Nov. 25, 2013))
- Implied contract: Recognized, limited (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))
- Good faith and fair dealing: Not recognized (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.”
“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.”
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.””
“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.””
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.””
“The employment-at-will doctrine is not affected, however, by the duty.”
Pending verification:
Tennessee and its neighbors
| State | Final pay after firing | Final pay after quitting | Minimum wage | Paid sick leave |
|---|---|---|---|---|
| Tennessee | Pending verification. Official source (tn.gov). | Pending verification. Official source (tn.gov). | No state minimum wage law; federal $7.25 applies | Pending verification. Official source (tn.gov). |
| Kentucky | Next payday or 14 days, whichever is later | Next payday or 14 days, whichever is later | $7.25 per hour | Pending verification. Official source (elc.ky.gov). |
| Virginia | Pending verification. Official source (law.lis.virginia.gov). | Pending verification. Official source (law.lis.virginia.gov). | $12.77 per hour | Yes, statewide |
| North Carolina | Next regular payday | Next regular payday | $7.25 per hour | No statewide law |
| Georgia | Pending 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). |
| Alabama | Pending 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). |
| Mississippi | Pending 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). |
| Arkansas | Next regular payday | Pending verification. Official source (arkleg.state.ar.us). | $11.00 per hour | Pending verification. Official source (labor.arkansas.gov). |
| Missouri | Day of discharge | Pending verification. Official source (revisor.mo.gov). | $15.00 per hour | No 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, 2026 | Amount |
|---|---|
| Taxable wage base per employee | $7,000 |
| Rates for experience-rated employers | 0.01% to 10.00% |
| New-employer rate | 2.70% |
| FUTA credit reduction | None 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)
- U.S. DOL WHD, State Minimum Wage Laws (Tennessee)
- Tennessee Department of Labor and Workforce Development FAQ: Should I be paid minimum wage?
- Statute (Tennessee), per U.S. DOL WHD meal period table
- 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)
- 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)
- 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)
- 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)
- U.S. Department of Labor: State labor offices
Checked Sep 25, 2026 · How we verify every rule · Report an error
General information, not legal advice. Not a substitute for the advice of an attorney. This page is for general information only and isn’t legal, financial or tax advice. Laws vary by state and change; check the official source or talk to a qualified professional about your situation. Report an error