Tennessee Overtime Laws: Essential Guide for Employers

Knowing how overtime laws apply in Tennessee is important for running a compliant workplace. While federal regulations set the standard, understanding how state-specific rules—or the lack of them—fit into the picture can help employers stay on track. The details may seem straightforward, but ignoring the nuances could lead to mistakes that cost time and money.

Tennessee employers follow federal overtime rules outlined in the Fair Labor Standards Act (FLSA). These rules establish when overtime pay applies, how it's calculated, and who qualifies. Without additional state-specific regulations, Tennessee employers rely on federal guidance to manage overtime pay properly.

Here's a closer look at how overtime works in Tennessee, focusing on the 40-hour workweek threshold and what employers need to know about federal and state requirements.

Tennessee Law on Overtime Threshold

Tennessee uses the federal Fair Labor Standards Act (FLSA) to define overtime requirements. Nonexempt employees must receive overtime pay at one and a half times their regular hourly rate when they work more than 40 hours in a single workweek. The 40-hour threshold applies to all covered employees, regardless of industry or occupation.

State law does not introduce extra provisions beyond the FLSA's requirements. Tennessee does not require daily overtime pay, meaning employees who work long single-day shifts do not automatically qualify for overtime unless the 40-hour weekly limit is exceeded. Similarly, there are no state-mandated rules for double-time pay, even for extended work hours or special circumstances.

Employers must ensure compliance by correctly classifying employees as exempt or nonexempt, tracking hours worked, and paying overtime on time. Following federal standards is the key to avoiding penalties and ensuring employees are compensated fairly.

Exempt and Non-Exempt Employees

The classification of employees as exempt or non-exempt directly impacts whether they qualify for overtime pay. This determination relies on clear criteria, including job responsibilities and compensation structure, which employers must evaluate carefully to remain compliant.

Non-Exempt Employees

Non-exempt employees are eligible for overtime pay when they work more than 40 hours in a workweek. Hourly employees are almost always non-exempt. Certain salaried employees also fall into this category if their earnings are below federally established thresholds or their job duties do not meet exemption requirements. Employers must monitor hours worked for non-exempt employees and ensure overtime pay is calculated accurately.

Exempt Employees

Exempt employees are not entitled to overtime pay. To classify an employee as exempt, their role must satisfy the requirements of the duties test and meet the federal salary basis threshold.

The duties test evaluates whether an employee's primary responsibilities align with specific categories:

• Executive employees: Supervising at least two full-time staff members and holding decision-making authority over hiring, firing, and promotions.

• Administrative employees: Performing office or non-manual tasks directly related to business operations while using independent judgment on significant matters.

• Professional employees: Carrying out work that requires advanced knowledge in a specialized field, typically gained through formal education.

In addition to job responsibilities, exempt employees must earn a fixed salary that meets or exceeds the federal minimum weekly threshold. Hourly pay structures or salaries below the threshold automatically disqualify an employee from exempt status, regardless of their duties.

Misclassification of employees as exempt vs non-exempt can lead to financial penalties and legal liabilities. Regularly reviewing job descriptions and actual duties performed is the best way to ensure compliance.

Required Pay Rate After 40 Hours

Overtime pay starts when a non-exempt employee works over 40 hours in a single workweek. Employers must calculate overtime at 1.5 times the employee's regular hourly rate. Accuracy in these calculations is non-negotiable to stay compliant and pay employees correctly.

Time-and-a-Half Explained

Time-and-a-half means multiplying the employee's standard hourly rate by 1.5 for all hours worked beyond 40 in a week. For instance, if an employee earns $18 per hour, their overtime rate would increase to $27 per hour. This higher rate compensates employees fairly for extended work hours and is mandatory for all covered employees.

Calculating Overtime for Tipped Employees

Tipped employees, such as servers and bartenders, follow a slightly different calculation. Employers must first determine the regular hourly rate, which combines the tipped minimum wage and the tip credit. Overtime pay is then 1.5 times this adjusted rate. If tips don't bring earnings up to the required overtime threshold, employers must make up the shortfall to meet compliance standards.

Commission-Based Overtime

Non-exempt employees earning commissions require a blended calculation. Employers must add total weekly earnings, including commissions, and divide by total hours worked to determine the regular hourly rate. Once calculated, overtime is paid at 1.5 times this rate for hours worked beyond 40. Weekly variations in commissions make accurate tracking of hours and pay essential.

Employers must apply these calculations consistently. Missteps, like underpaying overtime or misclassifying employees, can lead to wage disputes and penalties. Direct attention to detail ensures compliance and fosters trust with employees.

Recordkeeping Obligations

Maintaining accurate records of employee hours worked is a foundational responsibility for employers. Federal labor law requires consistent tracking of work hours, and any discrepancies can lead to compliance issues or disputes over wages. Employers in Tennessee must ensure time records are detailed, reliable, and up-to-date.

Records should include exact start and end times for shifts, total daily hours worked, and weekly totals. Breaks—whether paid or unpaid—should also be clearly documented. For non-exempt employees working overtime, these records must align with pay statements to confirm correct overtime calculations for any hours beyond 40 in a workweek.

Performing regular internal audits is an effective way to catch errors or inconsistencies before they cause larger problems. For example:

• Missed or incomplete entries: Confirm employees accurately log start, end, and break times for every shift.

• Unauthorized changes: Review time records to ensure supervisors or managers are not making edits without proper documentation.

• Unrecorded breaks: Double-check that meal or rest periods are accounted for, especially if they affect total hours worked.

Payroll systems should support compliance by flagging irregularities like missed punches or unusually long shifts. If your organization uses manual timekeeping methods, audits become even more important since manual systems are prone to human error.

Detailed and accurate records protect both the employer and the employee. For employers, thorough documentation serves as a safeguard against wage disputes or potential penalties. For employees, it ensures fair compensation for all hours worked, including any overtime.

How to Calculate Overtime

Overtime calculations are straightforward when you stick to the basics. Whether an employee is paid hourly, salaried, or earns commissions or bonuses, the process hinges on determining their regular hourly rate, applying the 1.5 multiplier, and accounting for all eligible overtime hours. Accuracy is key to ensuring compliance and fair compensation.

Basic Overtime Equation

The foundation of overtime pay is simple: multiply the regular hourly rate by 1.5, then multiply that result by the total number of overtime hours worked in a week.

For example:

• Regular hourly rate: $20

• Overtime hours: 5

• Calculation: $20 x 1.5 = $30/hour overtime rate

• Total overtime pay: 5 hours x $30 = $150

This $150 is then added to the employee's standard pay for the first 40 hours to determine the total weekly earnings.

Overtime for Salaried Employees

For salaried non-exempt employees, the calculation starts with breaking down their weekly salary into an hourly rate. Divide the weekly salary by the standard 40 hours to find the regular hourly rate, then apply the same time-and-a-half rule to all hours worked beyond 40.

Example:

• Weekly salary: $800

• Regular hourly rate: $800 ÷ 40 = $20/hour

• Overtime hours: 5

• Overtime rate: $20 x 1.5 = $30/hour

• Overtime pay: 5 hours x $30 = $150

Add the overtime pay to the base weekly salary to calculate total earnings for the week. If a salaried employee works fewer than 40 hours, their salary remains unchanged, but overtime must always reflect actual hours beyond 40.

Including Bonuses and Commissions

Bonuses and commissions must be factored into the regular hourly rate for overtime calculations. Combine the employee's base pay with any additional earnings like commissions or non-discretionary bonuses, then divide by the total hours worked to find the adjusted hourly rate.

Example:

• Base pay: $600

• Bonus: $100

• Total earnings: $600 + $100 = $700

• Total hours worked: 50

• Regular hourly rate: $700 ÷ 50 = $14/hour

• Overtime rate: $14 x 1.5 = $21/hour

• Overtime hours: 10

• Overtime pay: 10 hours x $21 = $210

Including all eligible earnings ensures calculations are accurate and compliant. Leaving out bonuses or commissions could result in underpayment, leading to payroll disputes or compliance issues.

Following these steps ensures overtime pay is calculated consistently and transparently, keeping both employees and employers on the same page.

Mandatory Overtime Rules

In Tennessee, employers can legally require employees to work more than 40 hours in a week. This is often referred to as mandatory overtime, and it applies to most non-exempt employees. When additional hours are required, employers must ensure compliance with overtime pay regulations.

Hours worked beyond 40 in a single workweek must be paid at one and a half times the employee's regular hourly rate. This is non-negotiable for non-exempt employees, regardless of whether the extra hours fall on weekends, holidays, or consecutive days. Employers cannot substitute overtime pay with other benefits or perks. The requirement for time-and-a-half compensation remains consistent across work schedules.

Refusing to Work Overtime

Employees who decline mandatory overtime may face consequences, including termination. Tennessee law does not prohibit employers from requiring overtime, provided the overtime pay meets federal standards. Employers have the discretion to enforce these requirements as part of their business operations.

However, certain legal protections still apply. For instance:

• Medical Accommodations: If an employee has a disability covered under the ADA, requiring overtime without reasonable accommodation could violate federal law.

• FMLA Protections: Employees on FMLA leave cannot be penalized for refusing overtime during their protected leave period.

Employers should outline mandatory overtime expectations in employee handbooks or policies. Clear communication helps avoid misunderstandings and ensures employees know what to expect.

Protections Against Retaliation

While employers can mandate overtime, they cannot retaliate against employees who assert their rights to fair compensation. Retaliation can include termination, demotion, or reduced hours in response to wage claims or complaints about unpaid overtime.

Employers should address wage-related concerns immediately and document every step of the resolution process. Retaliation claims can result in legal penalties and damage workplace trust. A consistent approach to overtime policies and wage laws keeps everyone protected and reduces the risk of disputes.Understanding overtime laws in Tennessee is important for employers aiming to maintain compliance and foster trust with employees. While federal regulations set the framework, the application of these laws at the state level can leave room for questions. Here's what employers frequently ask about overtime rules and pay requirements.

What is the new overtime law in Tennessee?

Tennessee has not introduced new state-specific overtime laws. Employers follow the federal guidelines established by the FLSA, which mandates overtime pay for non-exempt employees who work over 40 hours in a workweek. Recent updates to federal rules, such as changes to the salary threshold for exempt employees, may impact some businesses. Regularly reviewing employee classifications and staying updated on federal changes ensures compliance with overtime requirements.

How many hours can someone legally work in a day?

There is no legal restriction on the number of hours an adult employee can work in a single day under Tennessee or federal law. Employers can schedule employees to work extended shifts as long as all hours beyond 40 in a workweek are compensated at the required overtime rate. Proper scheduling not only ensures compliance but also helps manage workloads effectively, reducing the risk of employee burnout.

Is paying overtime after 40 hours mandatory in Tennessee?

Yes, employers must pay overtime after 40 hours in a workweek for all non-exempt employees. The overtime pay rate must be at least 1.5 times the employee's regular hourly rate. This rule applies regardless of whether the additional hours occur on a holiday, weekend, or regular workday. Employers who fail to pay overtime accurately may face wage disputes or penalties, making consistent payroll practices and accurate hour tracking essential.

Can employers give comp time instead of overtime pay?

Private-sector employers cannot substitute compensatory time off for overtime pay. The FLSA requires overtime to be paid in cash for non-exempt employees, not through additional paid leave. Public-sector employers, such as government agencies, have limited allowances for offering comp time, but these exceptions do not apply to private businesses. Employers looking to offer employees more flexibility should explore alternatives like flexible work schedules or voluntary paid leave policies that remain compliant with federal law.

Navigating overtime laws in Tennessee requires attention to detail and a commitment to compliance. By understanding the nuances of federal regulations and applying them consistently, you can ensure fair compensation for your employees and maintain a positive workplace culture. If you're looking for a partner to help streamline your HR processes and maintain compliance, book a demo with us today—we're here to help you succeed.