Compliance Watch:
What are my overtime rights in Tennessee?

May 16th 2024

In Tennessee, overtime rights are governed primarily by the federal Fair Labor Standards Act (FLSA), which sets standards for minimum wage, overtime pay, recordkeeping, and child labor. Since Tennessee does not have an overtime law, the FLSA serves as the primary guide for employers and employees regarding overtime rights.

This article provides a comprehensive guide to employees’ overtime rights in Tennessee. It includes information on determining overtime eligibility, calculating overtime rates, and taking action when employee rights are violated.

This Article Covers

Understanding Overtime in Tennessee
Common Questions About Overtime in Tennessee
Legal Working Hours in Tennessee
Overtime Eligibility in Tennessee
    Overtime Payment Calculations in Tennessee
      Receiving Overtime Payment in Tennessee
      Violations of Overtime Law in Tennessee

      Understanding Overtime in Tennessee

      Is overtime pay mandatory in Tennessee?

      Yes, overtime pay is mandatory in Tennessee. Under the Fair Labor Standards Act (FLSA), employers are required to pay non-exempt employees overtime compensation at one and one-half times their regular pay rate for all hours worked over 40 in a workweek.

      Employers must comply with overtime pay requirements to avoid penalties and potential legal action.

      When do I qualify for overtime pay in Tennessee?

      Under the FLSA, Tennessee overtime pay is determined weekly. A workweek is defined as any fixed and regularly recurring period of 168 hours (seven consecutive 24-hour periods). It does not need to coincide with the calendar week. For example, a workweek in Tennessee could run from Monday to Sunday or from Wednesday to Tuesday, depending on the employer’s established practices.

      Overtime pay is calculated based on hours worked within a single workweek, not on a daily basis. This means employees working more than 40 hours in a workweek are entitled to overtime pay for those excess hours, regardless of how many hours worked on any given day within that week.

      How much is overtime pay in Tennessee?

      In Tennessee, overtime pay is calculated at one and one-half times the employee’s regular rate of pay for all hours worked over 40 in a workweek. For example, if a minimum wage earner in Tennessee receives $7.25 per hour, their overtime rate would be $10.88 ($7.25 x 1.5) for any hours worked beyond 40 in a workweek.

      Which laws govern overtime in Tennessee?

      Federal regulations primarily govern overtime laws in Tennessee. As Tennessee does not have its separate overtime law, the FLSA serves as the main authority for overtime regulations within the state. Under the FLSA:

      • All employees classified as non-exempt are entitled to receive overtime pay for hours worked beyond 40 in a workweek.
      • Overtime pay must be at least one and one-half times the employee’s regular rate of pay for all hours worked over 40 in a workweek.
      • Hours worked on weekends or holidays are not necessarily qualified as overtime; overtime pay is only mandatory if the hours worked during the weekend or holiday exceed the 40-hour threshold.
      • Overtime pay is based on a single workweek, which is defined as any fixed and regularly recurring period of 168 hours (seven consecutive 24-hour periods). It does not need to coincide with the calendar week. There is no limit to the number of hours an employee can work a day or week.

      Common Questions About Overtime in Tennessee

      Do employers have to pay overtime in Tennessee?

      Yes, employers in Tennessee are required to pay overtime to eligible employees in accordance with the FLSA. The FLSA mandates that non-exempt employees must receive overtime pay at 1.5 times their regular pay rate for all hours worked over 40 in a workweek.

      Can an employee refuse to work overtime in Tennessee?

      In Tennessee, employees can refuse to work overtime hours. However, it is essential to consider the terms of employment agreements, union contracts, and any relevant company policies or collective bargaining agreements that may govern overtime work.

      While employees have the right to refuse overtime work, employers may have the authority to require overtime in certain circumstances, such as emergencies or business necessity. Further, consistently refusing overtime work could potentially impact job performance evaluations or advancement opportunities, depending on the employer’s policies.

      Can I take comp time instead of overtime pay in Tennessee?

      According to Tennessee Compilation of Rules and Regulations Section 1120-06-.05, exempt and non-exempt employees can earn comp (compensatory) time when they work hours beyond their regular schedule and are not compensated in cash.

      Non-exempt employees are permitted to receive premium compensatory overtime (1.5 times) in lieu of premium cash overtime if the agency lacks the necessary funds or if the employee requests compensatory time instead of cash.

      Can I get overtime pay in Tennessee without employer approval?

      Employers have a legal obligation to pay eligible employees for all hours worked, including any overtime hours, whether or not the overtime was approved in advance. However, employers may establish policies or procedures for requesting and approving overtime hours.

      If an employee works overtime hours without prior approval from their employer, they are still entitled to receive overtime pay for those hours worked, provided they are classified as non-exempt. However, the employee may also be subject to disciplinary action.

      Does Tennessee have double-time pay?

      Double-time pay refers to a compensation rate that is twice the employee’s regular pay rate and is provided for work performed under certain conditions. Tennessee does not have a state law mandating double-time pay. The state follows federal law, which requires no double-time for overtime work.

      However, some employers may choose to offer double-time pay voluntarily as part of their employment policies or collective bargaining agreements with unions. In such cases, employers must emphasize when double-time pay applies and under what conditions.

      What is working ‘off-the-clock’ in Tennessee?

      Working “off-the-clock” in Tennessee refers to performing work-related tasks or duties for an employer without recording or receiving compensation for the time worked. This can include activities such as:

      • Answering work-related emails or messages outside of regular working hours.
      • Completing work assignments or projects at home or outside of the workplace.
      • Attending work-related meetings or training sessions outside of scheduled work hours.
      • Performing tasks before or after scheduled shifts, such as setting up equipment or cleaning work areas.
      • Taking work-related phone calls or performing job-related tasks during breaks or meal periods.

      What are common ways employers avoid paying overtime in Tennessee?

      Employers in Tennessee may attempt to avoid paying overtime by engaging in various practices that may violate federal and state labor laws. Some common ways employers may try to avoid paying overtime include:

      • Misclassification of Employees: Employers may misclassify employees as exempt from overtime requirements when they are actually non-exempt. Misclassifications can occur by improperly categorizing employees as exempt based on job titles or salary levels without considering the actual duties performed.
      • Off-the-Clock Work: Employers may require or allow employees to perform work-related tasks before or after their scheduled shifts or during breaks without recording or compensating them for the time worked.
      • Alternative Work Arrangements: Employers may implement alternative work arrangements, such as comp time or flexible work schedules, without adhering to legal requirements for compensating employees for overtime hours worked.
      • Overtime Averaging: Some employers may unlawfully average hours worked over two or more weeks to avoid paying overtime rates for hours worked over 40 in a workweek.
      • Automatic Deductions: Employers may automatically deduct time for meal breaks or rest periods, even when employees continue to work through those breaks. Deducting time for breaks during which work is performed can result in unpaid overtime.
      • Independent Contractor Misclassification: Employers may misclassify workers as independent contractors rather than employees to avoid overtime obligations. Independent contractors are not entitled to overtime pay under the FLSA.
      • Shift Manipulation: Employers may manipulate work schedules or shift hours to keep employees below the 40-hour threshold for overtime eligibility.

      Can you work seven days in a row in Tennessee?

      There are no specific state laws that prohibit employees from working seven days in a row in Tennessee. However, certain industries or occupations may be subject to regulations or restrictions on consecutive workdays imposed by federal labor laws, occupational safety standards, or collective bargaining agreements.

      Under the FLSA, there are no restrictions on the number of consecutive days an employee can work in a week. However, the FLSA requires employers to pay non-exempt employees overtime pay at one and one-half times their regular rate of pay for all hours worked over 40 in a workweek, regardless of whether those hours are worked consecutively.

      How many ten-hour days can you work in a row in Tennessee?

      In Tennessee, there are no specific state laws that limit the number of consecutive ten-hour workdays an employee can work. Under the FLSA, there are no restrictions on the number of hours an employee can work in a single day as long as non-exempt employees are paid overtime for all hours worked over 40 in a workweek.

      What are full-time hours in Tennessee?

      Tennessee does not have a specific definition of “full-time hours.” Instead, employers determine full-time status based on their policies, industry standards, or collective bargaining agreements.

      According to PPACA, employees working on an average of 30 hours or more in a single workweek are considered full-time employees.

      How many hours straight can you legally work in Tennessee?

      Tennessee does not have a maximum number of hours set for an employee to work in a single shift or workday for adult employees (those 18 years or older). However, certain employees have limitations on work hours.

      For instance, minor employees are restricted in their work hours and times of day, as well as in the maximum number of hours they can work on school days and non-school days.

      Learn more about Tennessee Child Labor Laws.

      Is overtime after eight hours or 40 hours in Tennessee?

      In Tennessee, overtime is based on the FLSA regulations, which mandate that overtime pay is due for all hours worked after 40 hours in a workweek for non-exempt employees. This means that overtime pay is triggered when an employee works more than 40 hours in a single workweek.

      Does working on the weekend qualify for overtime pay in Tennessee?

      Working on the weekend does not automatically qualify an employee for overtime pay. In Tennessee, overtime pay is determined by the total number of hours worked in a workweek rather than the specific days of the week on which the work is performed.

      Under the FLSA, overtime pay is qualified when a non-exempt employee works more than 40 hours in a workweek. This means that if an employee works on the weekend and the total number of hours worked in the workweek exceeds 40, they would be entitled to overtime pay for those hours worked beyond 40.

      For example, if an employee works 8 hours a day from Monday to Friday, totaling 40 hours, and then works an additional 8 hours on Saturday, totaling 48 hours for the week, they would be entitled to overtime pay for the 8 hours worked on Saturday.

      How many hours-off between shifts is required in Tennessee?

      No federal or state-specific law in Tennessee mandates the minimum number of hours off between shifts for adult employees. However, certain industries or collective bargaining agreements may have provisions that address rest periods between shifts.

      What does ‘hours-worked’ include in Tennessee?

      In Tennessee, “hours- worked” refers to all time during which an employee is required or permitted to perform job-related activities for their employer. The types of activities include the following:

      • Performing job duties, tasks, or responsibilities assigned by the employer. This may include tasks performed at the employer’s place of business, as well as performed remotely or off-site.
      • Waiting for work assignments, equipment, or instructions while on duty.
      • Remaining on-call on the employer’s premises or at another designated location this time is considered worked hours and must be compensated, even if the employee is not actively performing work.
      • Attending training sessions, lectures, or meetings required by the employer.
      • Traveling during normal work hours, such as time spent traveling from one job site to another.
      • Short breaks of less than 20 minutes or meal breaks during which an employee is completely relieved. When an employee’s break time is interrupted by work duties, the interrupted meal break may be considered hours worked and must be compensated.

      What are the most hours a salaried employee can work in Tennessee? 

      Tennessee does not have a maximum number of hours a salaried employee can work in a single day or week. Instead, the determination of work hours for salaried employees is governed by the employer’s policies and practices.

      Under federal law, the number of hours that a salaried employee can work in a day or week is not limited as long as the employee meets the criteria for exempt status. Exempt employees are not entitled to overtime pay for hours worked beyond 40 in a workweek.

      Learn more about Your Rights as a Salaried Employee in Tennessee.

      What is the maximum number of hours an hourly employee can work in Tennessee?

      Tennessee does not have a law dictating the maximum number of hours an hourly employee can work in a single day or week. Under the FLSA, there are no limitations on the number of hours that most hourly employees can work in a day or week as long as they are at least 18 years old.

      The FLSA requires employers to pay non-exempt employees overtime pay at one-half times their regular rate for all hours worked over 40 in a workweek.

      Learn more about Your Rights as an Hourly Employee in Tennessee.

      Overtime Eligibility in Tennessee

      Who is eligible for overtime pay in Tennessee?

      Eligibility for overtime pay in Tennessee is primarily determined by the FLSA. Under the FLSA, most employees are entitled to receive overtime pay unless they fall under specific exemptions. Non-exempt employees are generally entitled to overtime pay. This includes most hourly workers and some salaried workers who do not meet the criteria for exempt status.

      Who is exempt from overtime pay in Tennessee?

      Certain employees are classified as exempt from overtime pay requirements based on their job duties, salary level, and salary basis. Common categories of exempt employees include:

      • Executive Exemption: Employees who manage the company or a recognized department and have the authority to hire or fire other employees or their suggestions regarding hiring, firing, advancement, or promotion of an employee.
      • Administrative Exemption: Employees who perform office or non-manual work directly related to management or general business operations of the employer of the employer’s customers.
      • Professional Exemption: Employees who perform work requiring advanced knowledge in a field of science or learning that is customarily acquired by prolonged course. This category includes doctors, lawyers, engineers, and accountants.
      • Computer Employee Exemption: This applies to computer systems analysts, computer programmers, software engineers, or other skilled workers in the computer field, and must be paid on a salary basis or an hourly basis at a rate not less than $27.63 per hour.
      • Outside Sales Exemption: Employees who make sales or obtain orders or contracts for services or the use of facilities.

      Other than these categories, employees must be paid on a salary basis of not less than $684 per week.

      Can salaried employees get overtime pay in Tennessee?

      Yes, salaried employees in Tennessee can be eligible for overtime pay, depending on their classification under the FLSA. The critical factor in determining overtime eligibility is whether the employee is classified as exempt or non-exempt.

      Employers must ensure the proper classification of employees. Misclassifying non-exempt employees as exempt can lead to violations of wage and hour laws and potential legal consequences.

      Learn more in detail about Tennessee Salaried Employees Laws and Tennessee Overtime Laws.

      Overtime Payment Calculations in Tennessee

      What is my regular rate of pay in Tennessee?

      The regular pay rate refers to the compensation an employee receives for each hour of work. In Tennessee, the state follows the minimum wage rate of $7.25 per hour.

      A salaried employee can calculate their regular pay rate by dividing their weekly total earnings by the total number of hours worked in that week.

      How do you calculate overtime in Tennessee?

      Overtime pay is calculated at a rate of 1.5 times the employee’s regular rate for all hours worked over 40 in a workweek. Here is a step-by-step guide to calculate overtime pay in Tennessee:

      • Determine Regular Rate of Pay: To calculate overtime pay, the employee’s regular pay must be determined first. Divide the total earnings for the workweek by the number of hours worked during that week.
      • Determine Overtime Hours: Identify the number of hours worked by the employee more than 40 during the workweek. Note that overtime pay is only applicable for hours worked beyond the 40-hour threshold in a single workweek.
      • Calculate Overtime Pay: Multiply the number of overtime hours worked by the employee’s regular rate of pay. This gives the amount of overtime pay owed to the employee for those hours.
      • Add Overtime Pay to Total Earnings: Add the overtime pay amount to the employee’s weekly earnings to determine their total compensation.

      Employers are responsible for accurately calculating and paying overtime wages in compliance with federal laws.

      How is overtime taxed in Tennessee?

      In Tennessee, overtime pay is subject to federal income tax and Federal Insurance Contributions Act (FICA) taxes. Employers withhold these taxes from your paycheck based on your total earnings, including overtime pay.

      An employee’s specific tax rates and withholding amounts depend on various factors, such as total income, filing status, and any deductions or exemptions the employee may be eligible for.

      Receiving Overtime Payment in Tennessee

      How is overtime paid in Tennessee?

      In Tennessee, overtime pay is paid using the same method as regular wages, which can include cash, paycheck, direct deposit, or electronic transfer.

      Employers must include the overtime pay in the employee’s regular paycheck or pay separately, depending on the employer’s payroll practices.

      When do I receive my overtime paycheck in Tennessee?

      Employers in Tennessee are required to pay their employees at least once a month. However, employers may establish multiple pay periods per month following certain guidelines. Overtime wages earned during a specific pay period should be paid out in the corresponding paycheck for that period.

      Violations of Overtime Law in Tennessee

      What if my employer refuses to pay me overtime in Tennessee?

      Employees in Tennessee are entitled to overtime pay. If employers refuse to pay their overtime pay, employees can file a claim or lawsuit to recover unpaid wages. The Tennessee Department of Labor and Workforce Development or the Wage and Hour Division of the U.S. Department of Labor investigates employees’ claims and takes appropriate action if rights have been violated.

      What is the penalty for failing to pay overtime in Tennessee?

      Penalty for failing to pay overtime in Tennessee can vary depending on the specific circumstances of the violation and whether it is a first-time offense or a repeat occurrence. Employers may face back pay, liquidated damages, civil penalties, Attorney’s fees, and court costs.

      How can I file a wage claim for overtime in Tennessee?

      To file a wage claim in Tennessee, employees must file a formal claim with the Tennessee Department of Labor and Workforce Development, If employees encounter difficulties or need further guidance, employees can consult a legal counselor.

      Can employers retaliate against employees for making a wage claim in Tennessee?

      In Tennessee, it is illegal for employers to retaliate against employees who make a wage claim or assert their rights under wage and hour laws. Retaliation can take various forms, including termination, demotion, reduction in pay or hours, harassment, or other adverse actions aimed at punishing or discouraging employees from exercising their rights. If an employer retaliates against an employee for making a wage claim, the employee may have grounds for legal action against the employer.

      Employees who believe they have been retaliated against for asserting their rights under wage and hour laws should file a complaint with the Tennessee Department of Labor and Workforce Development or the Wage and Hour Division of the U.S. Department of Labor.

      Learn more about Tennessee Labor Laws through our detailed guide.

      Important Cautionary Note

      This content is provided for informational purposes only. While we make every effort to ensure the accuracy of the information presented, we cannot guarantee that it is free of errors or omissions. Users are advised to independently verify any critical information and should not solely rely on the content provided.

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