Tennessee Employment and Labor Laws

Keeping up with state employment and labor laws can substantially complicate compliance efforts. Here’s what employers in Tennessee need to know.

Compared to some states, Tennessee has relatively few wage and paid leave laws but does impose workplace health and safety standards that meet or exceed federal requirements. Regardless, state-specific laws on issues like employment verification and non-compete agreements are critical in shaping employer responsibilities.

When it comes to talent and workforce management, Tennessee-based employers need to comply with the following state employment laws:

Pay equity and final paychecks
Work breaks
Workplace health and safety
Anti-discrimination and harassment

The below information was last updated May 7, 2025. It is not intended as legal advice. Also, unless otherwise noted below, the following laws predominantly apply to the private sector.

Tennessee Labor Laws

A subset of employment law, labor law focuses on the relationships between employers, employees, and labor unions, particularly in the context of collective bargaining and workplace rights.

Central to US labor law is the National Labor Relations Act (NLRA), which protects employees’ rights to organize, join unions, and negotiate working conditions while restricting unfair labor practices. Still, states can enact additional laws, such as Right-to-Work statutes, that influence union membership and dues requirements.

Is Tennessee a Right-to-Work State?

Right-to-work states prohibit employers from requiring union membership or dues as a condition of employment (a.k.a. union security agreements).

Tennessee is one of 26 states that currently have a right-to-work law.

Tennessee Employment Laws

Employment law governs the individual rights of employees and their professional relationship with their employers, such as working hours, fair wages, anti-discrimination protections, and workplace safety.

Tennessee Wage Laws

Tennessee Minimum Wage	The state of Tennessee doesn’t have a minimum wage law, so it uses the federal rates ($7.25 overall; $2.13 for employees who earn tips with their base pay) under the Fair Labor Standards Act (FLSA), when applicable.
Tennessee Overtime Pay Laws	Tennessee currently has no overtime pay laws or regulations. However, Tennessee-based employers must still comply with the FLSA’s requirement that nonexempt employees receive 1.5 times their normal pay rate when working over 40 hours a week.
Tennessee Pay Equity Law	The Tennessee Human Rights Act and Tennessee Disability Act prohibits employers in the state from failing or refusing to hire or discharge any person or otherwise discriminate against an individual with respect to compensation, terms, conditions, or privileges of employment because of such individual's race, creed, color, religion, sex, age or national origin. This law applies to any Tennessee employer, prospective employer, employment agency, or labor organization with eight or more employees.
Tennessee Pay Transparency Law	Tennessee currently has no pay transparency laws or regulations.
Tennessee Final Paycheck Law	Tennessee employees who voluntarily resign from a job or are involuntarily terminated must receive their final paycheck by the next regular payday or within 21 days after giving notice or being terminated, whichever is later.
Tennessee PTO Payout Laws	Tennessee doesn’t have specific PTO payout requirements, as it bases such decisions on an employer's policy. It also has no regulations regarding the use of "use-it-or-lose-it" policies.

Tennessee Leave Laws

Tennessee Paid Sick Leave (PSL)	Tennessee currently has no paid sick leave laws or regulations.
Tennessee Paid Family and Medical Leave (PFML)	Tennessee currently has no PFML laws or regulations. Although, employers with 50 or more employees must still comply with the federal Family and Medical Leave Act (FMLA), which provides eligible employees with up to 12 weeks of unpaid leave every 12 months for various reasons.
Tennessee Maternity Leave	Tennessee doesn't have a maternity leave law, as this type of leave is an employer-provided benefit. Since the state also doesn’t have a mandated PFML program, employees must instead use FMLA leave or another type of employer-provided leave.
Tennessee Voting Leave Law	Under Tennessee's State Voting Leave Law, Tennessee-based employers must provide each employee with up to three hours of paid leave to vote in an election if the employee doesn’t have three consecutive hours available while polls are open at the beginning or end of their shift.

Tennessee Workplace Health and Safety Management

All states must comply with federal health and safety standards overseen by the Occupational Safety and Health Administration (OSHA).

Tennessee, however, also adopted and imposes additional, OSHA-approved regulations that meet or exceed those federal standards. Tennessee’s State OSHA Plan is overseen by the Tennessee Division of Occupational Safety and Health (TOSHA).

Tennessee Work Break Laws

Employers in Tennessee must provide each employee with a 30-minute unpaid meal or rest period if the employee is scheduled to work six consecutive hours, except in workplace environments that, by their nature of business, provide ample opportunity to take a rest or appropriate break.

Tennessee Harassment and Workplace Discrimination Laws

As described by the Tennessee Human Rights Act, employers in Tennessee are prohibited from discriminating against employees based on:

Race
Color
National Origin
Age (40 and over)
Sex

Pregnancy
Religion
Creed
Disability
Veteran Status

Employers must not, for example, fail or refuse to hire or discharge any person or otherwise to discriminate against an individual with respect to compensation, terms, conditions, or privileges of employment because of such individual’s race, creed, color, religion, sex, age, or national origin.

Tennessee also requires employers to comply with specific anti-harassment mandates, also outlined in the state’s Human Rights Act. The state doesn't, however, require employees to complete any harassment or discrimination training courses.

Other Tennessee Employment Laws

Tennessee Non-Compete Agreement Laws	Tennessee is one of several states to limit the use of non-compete agreements by disfavoring them as restraints on trade. For an employer to be entitled to protection, special facts over and above ordinary competition must exist. However, a covenant not to compete in an employment contract is enforceable in Tennessee if its territorial and time limitations are reasonable and the agreement is supported by adequate consideration.
Tennessee Retirement Plan Laws	Tennessee currently has no mandatory retirement plan laws or regulations.
Tennessee Lactation Laws	Under Tennessee Code Ann. §50-1-305, employers with one or more employees must provide breastfeeding employees break time and a private space (other than a bathroom) to pump at work.
Tennessee Layoff Laws	As regulated by its Department of Labor & Workforce Development, Tennessee’s Employment Security Law requires employers to provide notice of a mass layoff trigger that differs from the federal WARN Act.
Tennessee Employment Verification Laws	The Tennessee Lawful Employment Act (TLEA) requires all private employers with 35 or more employees to use E-Verify for all new hires. Private employers with 34 or fewer employees may also use E-Verify for new hires but aren’t required to do so.

This information is provided as a courtesy and may be updated at any time. It is not intended as legal guidance. If you have questions or concerns, we encourage you to seek the advice of a qualified employment or labor attorney or advisor.

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