The rule in Tennessee
In Tennessee, hours over 40 in a workweek are paid at 1.5 times your regular rate. There is no general daily limit, so a 12-hour day inside a 36-hour week earns no overtime.
The US Department of Labor's state table adds: “No state minimum wage law. FLSA governs.”
What counts toward your regular rate
Overtime is 1.5 times your regular rate of pay: everything you earned for the week at straight time, divided by every hour you worked.
Counts
- Your hourly pay for every hour worked, at each rate you worked
- Non-discretionary bonuses — attendance, production, safety, or any bonus promised in advance
- Commissions
- Shift differentials for nights, weekends or hazardous work
Does not count
- Discretionary bonuses and gifts, where both the fact and the amount were up to the employer
- Expense reimbursements
- Pay for time not worked: vacation, holidays, sick days
A worked example
Common mistakes employers make in Tennessee
- Skipping the meal break. Tennessee requires 30 unpaid minutes when an employee is scheduled six consecutive hours, unless the work itself gives ample chance to rest — the state names food and beverage work and security guards as examples.
- Sending an unpaid overtime complaint to the state. Tennessee's labor department says overtime, working hours and off-the-clock time belong to the US Department of Labor, and the six labor laws it does enforce cover neither overtime nor minimum wage.
- Cutting someone's pay rate for work already done. In Tennessee a pay cut is lawful only where the employee was told before the work was performed.
Other Tennessee pay rules worth knowing
- Final paycheck if fired: By your next regular payday or within 21 calendar days of your last day, whichever comes later.
- Unused PTO: Tennessee's final wages include vacation pay or compensatory time owed under company policy or a labor agreement. The law does not require an employer to offer vacation, paid or unpaid, or to write a payout policy at all.
- Late final pay: There is no automatic penalty. The route is a free wage claim. File a wage claim with the Tennessee Department of Labor and Workforce Development, Labor Standards Unit (844-224-5818), then return the signed Statement of Wage Claim to the named inspector.
Tennessee final paycheck law and deadline calculator →
Tennessee overtime: common questions
Does my employer have to pay overtime if they didn't approve it?
Yes. Time your employer knew you were working, or allowed you to work, counts as hours worked, whether or not anyone approved it in advance. An employer can discipline you for breaking an overtime policy, but it still has to pay overtime for those hours — in Tennessee as everywhere else under federal law.
Does my bonus change my overtime rate?
Yes, if the bonus is non-discretionary — promised for attendance, production, safety or hitting a target. It is added to your straight-time pay and divided by all the hours you worked, and your overtime is 1.5 times that higher rate. Discretionary gifts, expense reimbursements and paid time off are left out.
Does Tennessee have its own overtime law?
No. Tennessee has no state overtime provision, so the federal Fair Labor Standards Act sets the rule: time and a half after 40 hours in a workweek, with no daily limit. The federal law covers most employers — any business with $500,000 or more in annual sales, plus hospitals, schools and government agencies.
What is a workweek, and can my employer change it?
A workweek is a fixed, recurring block of seven consecutive 24-hour days, and it can start on any day and at any hour. Overtime is counted per workweek, never averaged across two, even when you are paid every two weeks. Your employer can change the start day, but only permanently and not to avoid paying overtime.
If you think you were underpaid
- Keep your own record of the hours you worked — the time card calculator totals them and exports a CSV — plus photos of the posted schedule and messages about shifts.
- Ask your employer in writing to correct the pay. Email beats a conversation because it creates a dated record.
- File a wage claim — File a wage claim with the Tennessee Department of Labor and Workforce Development, Labor Standards Unit (844-224-5818), then return the signed Statement of Wage Claim to the named inspector. It is free, and you do not need a lawyer.
- Federal overtime claims must generally be brought within 2 years of the underpayment, or 3 years if the violation was willful.
Spotted something wrong? Report an error.
Other states that also follow the 40-hour weekly rule with nothing added: Alabama, Arizona and Delaware.
Work across a state line? Arkansas overtime rules and Georgia overtime rules.