Tennessee Employment Law: Wages, Final Pay, Breaks and Your Rights at Work
Tennessee employment law: minimum wage, overtime, breaks, final paycheck deadlines, PTO payout, sick leave, at-will exceptions and where to file a wage claim.
Quick answers for Tennessee
- Minimum wage
- Tennessee has no state minimum wage law. Employers covered by federal law must pay the federal minimum of $7.25 per hour. Fair Labor Standards Act (federal minimum wage)
- Final paycheck if fired or laid off
- All wages must be paid by the next regular payday after the firing, or 21 days after the firing, whichever comes later. Tenn. Code Ann. § 50-2-103(g)
- Meal and rest breaks
- Employees scheduled to work six consecutive hours must get a 30-minute unpaid meal or rest period, except in workplaces where the nature of the business gives ample opportunity to rest or take a break (for example, food and beverage service or security guards). Tenn. Code Ann. § 50-2-103(h)
- Unused vacation / PTO payout
- Not required by state law. Unused vacation, sick pay or PTO must be paid at separation only if the employer's policy or a labor agreement says so. Tenn. Code Ann. § 50-2-103(a)(3)
Last verified: 2026-10-26
Pay
| Minimum wage | Tennessee has no state minimum wage law. Employers covered by federal law must pay the federal minimum of $7.25 per hour. No change scheduled. |
|---|---|
| Tipped minimum wage | No state rule. Under federal law, tipped employees (more than $30 a month in tips) may be paid $2.13 per hour in cash wages if tips bring them to at least $7.25 per hour. |
| Overtime | No state overtime law; follows the federal FLSA (time and one-half after 40 hours in a workweek for covered, non-exempt employees). Source: Fair Labor Standards Act |
| How often you must be paid | Private employers with 5 or more employees must set regular paydays and pay at least once a month. Monthly payers must pay wages earned in a month by the 5th of the next month. Employers paying twice a month or more must pay wages earned before the 1st by the 20th of the following month, and wages earned before the 16th by the 5th of the next month. Pay cuts must be announced before the work is done. Source: Tenn. Code Ann. § 50-2-103(a) |
Breaks and leave
| Meal and rest breaks | Employees scheduled to work six consecutive hours must get a 30-minute unpaid meal or rest period, except in workplaces where the nature of the business gives ample opportunity to rest or take a break (for example, food and beverage service or security guards). No other breaks are required. Source: Tenn. Code Ann. § 50-2-103(h) |
|---|---|
| Paid sick leave | No statewide paid sick leave law. Paid time off, vacation and sick pay are set by employer policy. Source: Tenn. Code Ann. § 50-2-103 |
Leaving a job
| Final paycheck if fired or laid off | All wages must be paid by the next regular payday after the firing, or 21 days after the firing, whichever comes later. An employer may hold the check until a uniform or property is returned only if the employee signed a written policy or agreement allowing it. Source: Tenn. Code Ann. § 50-2-103(g) |
|---|---|
| Final paycheck if you quit | Same as when fired: by the next regular payday or 21 days after leaving, whichever comes later. Source: Tenn. Code Ann. § 50-2-103(g) |
| Unused vacation / PTO payout | Not required by state law. Unused vacation, sick pay or PTO must be paid at separation only if the employer's policy or a labor agreement says so. Source: Tenn. Code Ann. § 50-2-103(a)(3) |
| Unemployment benefits | The Tennessee Department of Labor and Workforce Development handles unemployment insurance. Apply online through the department's UI benefits application and answer weekly certification questions online to request payment. |
Firing, retaliation and discrimination
| At-will employment and exceptions | Employers may generally end employment at any time for any reason or no reason, and employees may quit at any time. Exceptions include discrimination based on race, sex, age, religion, color, national origin or disability, and firing for: military service; exercising the right of association; filing a workers' compensation claim; jury duty (the employer must also pay wages during jury service, less the court's pay); and refusing to take part in, or to stay silent about, illegal activities. |
|---|---|
| Whistleblower and retaliation protection | Tennessee's whistleblower law protects employees from being fired solely for refusing to take part in, or refusing to stay silent about, illegal activities. In a lawsuit, the employee must first make a basic case of retaliation; the employer then must give a legitimate reason, and the employee must show that reason was a pretext. |
| Job discrimination complaints | Civil Rights Enforcement Division (CRED) of the Tennessee Attorney General's Office. A complaint must be filed within 180 days of the discriminatory act. Alternatively, a person may sue directly in state court under the Tennessee Human Rights Act or Tennessee Disability Act within one year after the discrimination ends; filing with CRED does not extend that one-year deadline. |
Where to get help in Tennessee
Employment Law FAQ
What is the minimum wage in Tennessee?
Tennessee has no state minimum wage law. Employers covered by federal law must pay the federal minimum of $7.25 per hour.
What is the tipped minimum wage in Tennessee?
No state rule. Under federal law, tipped employees (more than $30 a month in tips) may be paid $2.13 per hour in cash wages if tips bring them to at least $7.25 per hour.
What are the overtime rules in Tennessee?
No state overtime law; follows the federal FLSA (time and one-half after 40 hours in a workweek for covered, non-exempt employees).
Are breaks required by law in Tennessee?
Employees scheduled to work six consecutive hours must get a 30-minute unpaid meal or rest period, except in workplaces where the nature of the business gives ample opportunity to rest or take a break (for example, food and beverage service or security guards). No other breaks are required.
When do I get my final paycheck if I'm fired in Tennessee?
All wages must be paid by the next regular payday after the firing, or 21 days after the firing, whichever comes later. An employer may hold the check until a uniform or property is returned only if the employee signed a written policy or agreement allowing it.
When do I get my final paycheck if I quit in Tennessee?
Same as when fired: by the next regular payday or 21 days after leaving, whichever comes later.
Does an employer have to pay out unused PTO in Tennessee?
Not required by state law. Unused vacation, sick pay or PTO must be paid at separation only if the employer's policy or a labor agreement says so.
How often must employees be paid in Tennessee?
Private employers with 5 or more employees must set regular paydays and pay at least once a month. Monthly payers must pay wages earned in a month by the 5th of the next month. Employers paying twice a month or more must pay wages earned before the 1st by the 20th of the following month, and wages earned before the 16th by the 5th of the next month. Pay cuts must be announced before the work is done.
Is paid sick leave required in Tennessee?
No statewide paid sick leave law. Paid time off, vacation and sick pay are set by employer policy.
Is Tennessee an at-will employment state?
Employers may generally end employment at any time for any reason or no reason, and employees may quit at any time. Exceptions include discrimination based on race, sex, age, religion, color, national origin or disability, and firing for: military service; exercising the right of association; filing a workers' compensation claim; jury duty (the employer must also pay wages during jury service, less the court's pay); and refusing to take part in, or to stay silent about, illegal activities.
Is it illegal to fire someone for reporting a violation in Tennessee?
Tennessee's whistleblower law protects employees from being fired solely for refusing to take part in, or refusing to stay silent about, illegal activities. In a lawsuit, the employee must first make a basic case of retaliation; the employer then must give a legitimate reason, and the employee must show that reason was a pretext.
Where do I file a job discrimination complaint in Tennessee?
Civil Rights Enforcement Division (CRED) of the Tennessee Attorney General's Office. A complaint must be filed within 180 days of the discriminatory act. Alternatively, a person may sue directly in state court under the Tennessee Human Rights Act or Tennessee Disability Act within one year after the discrimination ends; filing with CRED does not extend that one-year deadline.
How do I apply for unemployment in Tennessee?
The Tennessee Department of Labor and Workforce Development handles unemployment insurance. Apply online through the department's UI benefits application and answer weekly certification questions online to request payment.
Employment Law in other states
More Tennessee law
- Tennessee tenant rights & landlord-tenant law
- Tennessee small claims court
- Tennessee wills, probate & estates
- Tennessee protective & restraining orders
- Tennessee debt & collections
- Tennessee unemployment benefits
- Tennessee divorce & family law
- Tennessee expungement & criminal records
- Tennessee traffic tickets & dui
- Tennessee personal injury & wrongful death
- Tennessee workers' compensation
- Tennessee foreclosure & homeowner law
- Tennessee consumer protection
- Tennessee starting an llc & small business
- Tennessee bankruptcy
- Tennessee car insurance & vehicle laws
- Tennessee property tax & homestead exemptions
- Tennessee criminal law
- Tennessee gun laws
- Find a lawyer or free legal help in Tennessee
- All Tennessee law guides
General legal information, not legal advice. Laws change and local rules can differ; check the linked official source or talk to a lawyer about your situation.