Tennessee employment law overview

Tennessee has laws that provide greater protections to employees than federal law, including health care continuation coverage obligations and mass layoff notification requirements for smaller employers, but generally follows federal law with respect to topics such as the minimum wage, overtime and occupational safety and health. 

Select Tennessee employment requirements are summarized below to help an employer understand the range of employment laws affecting the employer-employee relationship in the state. An employer must comply with federal, state, and local law. Where there is overlap, complying with the law that offers the greatest rights or benefits to the employee will generally apply. 

Equal Employment Opportunity (EEO) and worker protections 

Tennessee employers may be required to comply with requirements related to EEO and worker protections.   

Fair employment practices

The Tennessee Human Rights Act (THRA) generally applies to employers that have eight or more employees within Tennessee and prohibits discrimination and harassment based on a number of protected classes including: 

• Race; 
• Color; 
• Creed; 
• Religion; 
• Sex; 
• Age (40 and over); and 
• National origin (including ancestry). 

The THRA also prohibits retaliation for opposing discrimination; filing charges; and testifying, assisting or participating in an investigation, proceeding or hearing. 

The Tennessee Disability Act (TDA) generally prohibits employers with eight or more employees from discriminating against individuals on the basis of a physical, mental or visual disability (including discriminating against a blind person for using a guide dog). However, the TDA does not require an employer to provide reasonable accommodations. 

Equal pay

An employer is prohibited from discriminating between employees in the same establishment based on sex by paying any employee salary or wages rates less than the rates paid to any employee of the opposite sex for comparable work on jobs requiring comparable skill, effort and responsibility, and that are performed under similar working conditions. Wage differentials are permitted if based on a seniority system, a merit system, a system that measures earnings by quality or quantity of production, or any other reasonable differential that is based on a factor other than sex. 

Pay transparency

Tennessee does not have a pay transparency law applicable to private employers. 

Salary history inquiry restrictions

Tennessee does not restrict an employer from inquiring into or relying upon an applicant’s salary history. 

Employee wage disclosure rights

Tennessee does not have a wage disclosure law applicable to private employers. 

Pregnancy accommodation

The Tennessee Pregnant Workers Fairness Act, requires an employer with 15 or more employees to provide reasonable accommodations to employees and job applicants reasonable accommodations arising from pregnancy, childbirth, or related medical conditions, unless doing so would impose an undue hardship on the operation of the employer’s business. 

Reasonable accommodations include:

• Making existing facilities used by employees readily accessible and usable; 
• More frequent, longer, or flexible breaks; 
• A private place, other than a bathroom stall, for the purpose of expressing milk; 
• Modified food or drink policy; 
• Modified seating or allowing the employee to sit more frequently if the job requires standing; 
• Providing assistance with manual labor and limits on lifting; 
• A temporary transfer to a vacant position; 
• Job restructuring or light duty, if available; 
• Acquisition or modification of equipment, devices, or an employee’s work station; 
• A modified work schedules; and 
• Flexible scheduling for prenatal visits. 

Breastfeeding breaks

An employer must provide reasonable, unpaid break time each day to an employee who needs to express breast milk for her infant child, unless doing so would unduly disrupt the employer’s operation. If possible, the break time should run concurrently with any other break time the employer already provides. 

Access to personnel files

Tennessee law does not require private employers to provide employees with access to their personnel files. 

Whistleblower protections

The Tennessee Public Protection Act prohibits an employer from terminating an employee solely because the employee refused to participate in or remain silent about illegal activities. 

Scheduling 

Tennessee does not have a scheduling law applicable to private employers. 

Recruiting and hiring 

Tennessee employers may be required to comply with requirements related to recruiting and hiring.   

Credit checks

Tennessee does not have requirements for private employers related to credit checks. 

Ban the Box and Fair Chance 

Tennessee does not have a state ban-the-box or fair chance law applicable to private employers. 

E-Verify 

The Tennessee Lawful Employment Act requires employers with six to 34 employees to verify that all newly hired employees are eligible to work in the US either by using the federal E-Verify system or by requiring the employees to provide documentation that proves identity and work eligibility. 

Employers with 35 or more employees must use E-Verify to verify the work authorization status of new hires. 

Wage and hour 

Tennessee employers may be required to comply with certain wage and hour requirements.   

Minimum wage

Tennessee does not have a minimum wage law applicable to private employers. 

Overtime  

Tennessee does not have a state overtime law applicable to private employers. 

Meal and rest breaks

Certain Tennessee employers must provide a 30-minute unpaid meal break to employees scheduled to work six consecutive hours. An exception applies to workplaces that, by the nature of business, provide for ample opportunity to rest or take a break. The meal break may not be scheduled during or before the first hour of scheduled work. 

Child labor

Child labor laws in Tennessee restrict the occupations in which minors may be employed and the number of hours and times during which they may work. 

Except for certain exemptions, minors under 14 years of age may not be employed. 

Minors in Tennessee are prohibited from working in any occupation that interferes with their schooling, health or well-being. Minors are also prohibited from working in a variety of occupations, such as those that involves driving a motor vehicle, mining, logging, roofing and excavation. 

Minors ages 14 and 15 may not work: 

• During school hours; 
• Between 7:00 p.m. and 7:00 a.m., if the next day is a school day; 
• Between 9:00 p.m. and 6:00 a.m.; 
• More than three hours a day on school days; 
• More than 18 hours a week during a school week; 
• More than eight hours a day on nonschool days; or 
• More than 40 hours a week during nonschool weeks. 

Minors ages 16 and 17 may not work: 

• During hours when the minor is required to attend classes; or 
• Between the hours of 10:00 p.m. and 6:00 a.m., Sunday through Thursday evenings preceding a school day, except a minor may work until midnight up to three nights with parental or guardian consent. 

Minor employees scheduled to work six consecutive hours are generally entitled to a 30-minute unpaid rest or meal break. The break may not be scheduled during or before the first hour of scheduled work activity. 

Pay and benefits 

Tennessee employers may be required to follow certain requirements with respect to employee pay and benefits.

Wage payment methods

Employees may be paid in cash or by check without discount, exchange or cost of collection. An employer may pay wages by direct deposit or payroll debit card if certain conditions are met. 

Pay frequency and lag time

The Tennessee Wage Regulation Act requires an employer with five or more employees to pay wages at least once a month on regular paydays established in advance. An employer may pay wages more frequently.

An employee who is absent on payday must be paid on demand. A notice of pay frequency must be posted in a conspicuous place. 

Pay deductions

Under Tennessee law, an employer may not make any deductions from an employee’s pay without the employee’s prior written authorization. With authorization, the employer may make deductions for: 

• Health insurance; 
• Uniforms; 
• Loans or salary advances; and 
• Cash shortages or breakage, in certain cases. 

Pay statements

Tennessee law does not include a requirement to furnish pay statements to employees. 

Wage theft

Tennessee does not have a wage theft law applicable to private employers. 

Health care continuation

In Tennessee, group health policies issued to employers, regardless of size, generally must include health care continuation coverage. Continuation coverage must be extended to employees and their covered dependents regardless of the reason health care coverage was terminated, unless the group policy was terminated: 

• In its entirety; or 
• For the insured class to which the employee belonged. 

However, the reason for coverage termination affects the duration continuation coverage lasts. 

Temporary disability insurance

Tennessee does not have requirements for private employers related to temporary disability insurance. 

Time off and leaves of absence 

Tennessee employers may be required to follow certain requirements with respect to time off and leaves of absence.   

Family and medical leave

Tennessee employers with 100 or more full-time employees may be required to provide employees with up to four months of leave for adoption, pregnancy, childbirth and nursing an infant. 

Paid sick leave

Tennessee does not have a state paid sick leave law applicable to private employers. 

Other time off requirements

Tennessee has laws related to time off and leaves of absence, including but not limited to:

• Parental leave; 
• Voting leave; 
• Jury duty leave; 
• Military leave; 
• Time off on Veterans Day; and 
• Emergency responder leave. 

Health and safety 

Tennessee employers may be required to follow certain requirements with respect to employee health and safety.

Occupational safety and health

Tennessee has a federally approved State Plan that covers the safety and health of private employees. The Tennessee Occupational Safety and Health Act covers all private employers, with some exceptions. Although the majority of state standards mirror the federal requirements, some state rules are more extensive (e.g., bloodborne pathogens, air contaminants and hazard communication). 

Drug and alcohol testing

An employer that implements a drug testing program must follow the drug-free workplace law’s requirements. An employer must provide job applicants with certain information prior to testing. The employer may require job applicants to submit to a drug test only after extending a conditional offer of employment. The employer may refuse to hire a job applicant based on a refusal to submit to a drug test or on a positive confirmed drug test. 

Smoke-free workplace

Tennessee’s Non-Smoker Protection Act prohibits smoking in most enclosed public places, which includes places of employment. An employer must inform employees of the ban and post appropriate signage. Exceptions apply. 

Weapons in the workplace

An employer has the right to: 

• Prohibit the possession of all weapons at meetings it conducts and on property that it owns, operates, manages or controls; or 
• Restrict the possession of weapons at meetings it conducts and on property that it owns, operates, manages or controls, by prohibiting all weapons except a concealed handgun carried by a concealed carry weapon (CCW) permit holder. 

An employer must post appropriate notices of the prohibition or restriction in prominent locations, including all entrances primarily used by people entering the property, building or portion of the property or building where weapons are prohibited or restricted. The notice must be plainly visible to the average person entering the location. 

An employer generally may not prevent an employee from keeping a gun in his or her own car, even in a private parking area. 

Safe driving practices 

Tennessee law prohibits texting while driving and prohibits any person from knowingly operating a motor vehicle on any road or highway and talking on a handheld mobile telephone while the vehicle is in motion. Adult drivers may, however, use a hands-free device to talk on a mobile telephone while the vehicle is in motion. 

Organizational exit 

Tennessee employers may be required to follow certain requirements when employees exit the organization.   

Final pay

An employer with five or more employees must pay an employee who quits or is fired their full wages by the later of: 

• The next regular payday; or 
• 21 days from the date of the termination. 

Other timing rules may apply to specific types of employees (e.g., those paid on a piece rate or commission basis).

An employer must pay an employee for accrued vacation or other compensatory time if its policy or employment contract provides for payment. However, the law does not require an employer to provide paid or unpaid vacation time or establish a written vacation pay policy. 

An employer may pay up to a statutory amount of wages due to a deceased employee to the employee’s designated beneficiary. If there is no designated beneficiary, wages may be paid to the surviving spouse, and if there is no surviving spouse, to the employee’s children. 

Mass layoffs

Under Tennessee’s Plant Closings and Reduction in Operations Act, an employer with 50-99 full-time employees in the state is required to provide 60 days’ advance notice of any plant closing, modernizing, relocation beyond 50 miles or reduction in force that affects 50 or more employees during a three-month period. Notice must be provided to the state and to all affected employees. The Act does not apply to reductions in operations that result solely from a labor dispute, that occur at a construction site or other temporary workplace or that result from seasonal factors. 

AI in employment 

Tennessee does not have a law related to AI in employment applicable to private employers.