Labor Laws

• Employee Rights and FAQ
• Americans with Disabilities Act (ADA)
• Family and Medical Leave Act (FMLA)
• Tennessee Health and Occupation Safety Act (TOSHA)

Breaks

State law requires that each employee scheduled to work six (6) consecutive hours must have a thirty (30) minute meal or rest period, except in workplace environments that by their nature of business provides for ample opportunity to rest or take an appropriate break. The failure to give a (30) minute meal or rest period is a violation of State law only. There are no State or Federal requirements for additional breaks. The Federal Law does require breaks of less than 30 minutes in duration to be paid if the employer chooses to grant such breaks. Title 50-2-103 (h)

FMLA

Under the Family and Medical Leave Act, or FMLA, employers having 50 or more employees must grant medical leave to some employees in certain circumstances without the threat of the loss of their job. Questions concerning the enforcement of FMLA matters should be directed to the FMLA section of the United States Department of Labor's Web site.

Discrimination

Discrimination against employees is illegal under both Federal and State law. Employers may not discriminate against an employee on the basis of the employee's race, sex, age, religion, color, national origin or disability. Claims of discrimination in Tennessee should be forwarded either to the Tennessee Commission on Human Rights in Nashville Tennessee at (615) 741-5825, or to the Equal Employment Opportunity Commission (EEOC) in Nashville, Tennessee. You may visit the TCHR Web site and the EEOC Web site.

Fair Pay

Tennessee has no wage laws concerning overtime, minimum wage, or the regulation of salaried employees. The United States Department of Labor's Wage and Hour Division enforces the Fair Labor Standards Act regulating minimum wage, overtime and salaried employees. Further information concerning these matters may be found at the Wage and Hour division of the U.S. Department of Labor web site.

Wage Garnishment

An employee's pay can be cut with or without his approval as long as the employer tells the employee BEFORE any work is done. The employee cannot work without first knowing the amount of wages to be paid. Title 50-2-101

Labor Law Enforcement

The Tennessee Department of Labor and Workforce Development, Labor Standards Division, has jurisdiction to enforce the following State Labor Laws:

• Child Labor Laws Title 50-5-101 thru 115
• Wage Regulation Act Title 50-2-101 thru 109
• Prevailing Wage Act Title 12-4-401 thru 415
• Licensing of Employee Assistance Professionals Title 62-42-101 thru 119

Only questions that arise in each of the above areas should be directed to the Labor Standards Division. All other questions should be directed to the proper agency or to an attorney or a labor, employment, or human resources consultant.

Unemployment

• Insurance and Benefits - Claimant Information
  Unemployment overview, benefits, services, and FAQs
• Insurance and Benefits - Employer Information
  Employer laws, forms, handbook, service directory, and FAQs

Workplace Smoking Ban

• Summary of Tennessee's Workplace Smoking Ban
• Smokefree Tennessee
  Employer laws, forms, handbook, service directory, and FAQs