Employment

Tennessee Overtime Laws

Tennessee Overtime Laws

November 30
00:00 -0001

Tennessee Overtime Laws


No TN overtime laws exist to regulate the compensation of time worked over 40 hours that week.  Instead, federal standards determine Tennessee overtime laws and enforcement is carried out by the Labor Wage and Hour Division of the US Department of Labor.  The Fair Labor Standards Act is the primary Tennessee overtime law and this sets not only minimum wage standards but also exemptions to overtime and other important provisions.

Are Tennessee employers required to follow the Tennessee overtime law?

Although there are some exemptions, Tennessee overtime laws not only have broad enforcement for employees working over 40 hours, but also state law requires that certain posters related to employee rights under the Fair Labor Standards Act be posted in the workplace to inform employees on their rights.

TN overtime laws and minors

There are strict regulations on hours that minors will be able to work.  14 or 15 year olds especially will work no more than 18 hours in a school week and 40 hours on a non-school week.  This makes them ineligible for overtime pay under Tennessee overtime laws by default.  There are other restrictions that should be noted for the employment of minors

General exemptions to TN overtime laws

Domestic workers and others that serve on a “live-in” basis do not receive overtime pay, under Tennessee overtime law, though there will be a reasonable expectation of compensation through free lodging and other benefits.  Presumably, they are not working the 24 hours a day they spend on the premises.

Most professionals, executives and sales persons do not make overtime pay under Tennessee overtime law.  This is due to the fact that they largely set the times they work themselves.  All professionals making more than $455 a week are exempt from Tennessee overtime laws.

Certain emergency workers, particularly those on-call at all times, do not receive typical overtime pay under TN overtime laws.  There might be conditions in TN overtime laws that allow this for active service during a 40 hour work week, but time spent on-call is generally not counted in over time.

You will check your employment agreement for more information about Tennessee overtime laws and its applicability to your position.

Independent contractors and TN overtime laws

Under federal and Tennessee overtime laws, employers need not pay overtime pay to independent contractors hired on a project.  That contractor however, is obligated to pay their employees overtime pay, as long as they are not immediate relatives.  

Breaks and TN overtime laws

Employers under Tennessee overtime law are obligated to provide a 30 minute lunch break for six hours worked in a day.  This break does not count towards overtime hours worked.  All other breaks, typically shorter than 20 minutes, under which time the employee may not leave the premises will count towards the overtime determination

On-call work and Tennessee overtime law

Many occupations might have the employee work overtime and some of these hours might count for overtime under Tennessee overtime laws.  Although the general provision is that, an employee must be paid for time spent on company supervision or premises while “on call,” medical students, essential personnel and others might be subject to different rules under Tennessee overtime law.  Those that are free to do as they please while on call generally do not get paid overtime.

 

Share

About Author

admin

admin

Related Articles

Employment News

Finally a Good Sign: Jobless Claims Drop Finally a Good Sign: Jobless Claims Drop After rising as high as 670,000 during the economic crisis, weekly jobless claims are now roughly half that level.
 Woman Says Candy Company Fired Her for Orientation, Pregnancy Woman Says Candy Company Fired Her for Orientation, Pregnancy After having a complicated pregnancy and revealing that she was a lesbian among her coworkers, a woman says that Mars Chocolate North America fired her based on her sexual orientation and being a pregnant woman.
Justice Department Intervenes in Maryland Sex Discrimination Case Justice Department Intervenes in Maryland Sex Discrimination Case The Queen Anne's County Sheriff's Department in Maryland is facing the threat of severe legal consequences after the United States Department of Justice stepped in to take over a case from a former employee alleging sexual harassment.
Pharmaceutical Company Sued For Discriminating Against Women Pharmaceutical Company Sued For Discriminating Against Women Daiichi Sankyo, a Japanese manufacturer of pharmaceuticals, faces a class action lawsuit from several women who allege that the company discriminated against women, especially those who were pregnant or mothers.
EEOC: Burger King Must Allow Employee to Wear Skirt EEOC: Burger King Must Allow Employee to Wear Skirt A woman who adheres to a religious philosophy requiring her to wear long skirts instead of pants has settled with Burger King in an employment discrimination lawsuit.
Equal Employment Opportunity Tabulation Released Equal Employment Opportunity Tabulation Released On November 29, 2012, the Census Bureau released the 2006-2010 American Community Survey Equal Opportunity Tabulation.
17 MA Employers Fined for Employing Unlawful Employees 17 MA Employers Fined for Employing Unlawful Employees On November 14, 2012, Immigration and Customs Enforcement (ICE) reported that 17 Massachusetts employers received fines totaling $349,619.
Census Shows Steady Increase in Home-Based Workers Census Shows Steady Increase in Home-Based Workers On October 4, 2012, the United States Census Bureau announced that 4.
Seasonal Hiring May Boost Employment Outlook for Many Seasonal Hiring May Boost Employment Outlook for Many While recent reports are showing a slow growth in the job market, many workers will soon be relying on job opportunities that arise from the upcoming holiday season.
Employment Rates: Highest In Three Years Employment Rates: Highest In Three Years October has seen the highest number of employment for United State workers in three years, which has provided some hope for economic recovery in the near future.
Labor Board Facing Road Block Labor Board Facing Road Block The government agency that enforces the United States’ labor laws could be stripped of its powers next year.
GDP Grows 2.5%: What’s it mean for Employment? GDP Grows 2.5%: What’s it mean for Employment? The United States Commerce Department announced on Thursday that the economy grew at a 2.
Judge Questions New Employment Law Judge Questions New Employment Law Tallahassee—A circuit judge harshly questioned fundamental elements of Florida’s decision to force state workers to pay 3 percent of their annual salaries for retirement costs, raising the prospect that the new law could be deemed unconstitutional.

Guide To: Employment Lawyers

Guide to Finding Employee Lawyer Guide to Finding Employee Lawyer How do I find an Employee Lawyer?Employment law can cover a wide variety of areas but deal mostly with the relationship between companies and their employees.
Guide to Finding Workers Comp Lawyer Guide to Finding Workers Comp Lawyer How do I find Worker Comp Lawyers?Worker compensation is a program which can provide some financial help and compensation for those injured during the course of their employment.