The Tennessee labor law guide

Employers must pay employees who are terminated or who have quit all final wages no later than the next regular payday, or 21 days after the date of discharge, whichever comes last.

Minors 14 and 15 years of age are subject to the following restrictions:

When school is in session, they may work a maximum of 3 hours a day on school days, a maximum of 8 hours a day on non-school days, a maximum of 18 hours a week during school weeks. They may work between the hours of 7 a.m. and 7 p.m. and not during school hours.

When school is not in session, they may work a maximum of 8 hours a day, no more than 40 hours a week. They may work between the hours of 7 a.m. and 9 p.m. from June 1 to Labor Day.

While minors 16 and 17 years of age do not have as many time restrictions as younger minors, they may not work later than 10 p.m. if they have school the next day.

Federal law makes it illegal for an employer to discriminate on the basis of race, color, religion, sex, national origin, pregnancy, age (40 or older), disability, and genetic information (including family medical history). Federal protections related to sex discrimination have been interpreted to include sexual orientation and gender identity.

Additionally, the Tennessee Human Rights Act (THRA) applies to employers with eight or more employees and prohibits discrimination based on race, color, creed, religion, sex, age, and national origin. The Tennessee Disability Act separately protects individuals with disabilities. Tennessee law does not explicitly include sexual orientation or gender identity as protected classes. The state also provides protections for the lawful use of agricultural products off employer premises during non-working hours.

Click here to read our blog on what acceptable and unacceptable questions to ask during an interview.

Tennessee is an employment-at-will state, which means that without a written employee contract, employees can be terminated for any reason at any time, provided that the reason is not discriminatory and that the employer is not retaliating against the employee for a rightful action.

For layoffs and workforce reductions, employers must provide 60 days’ written notice to affected employees (or their union officials if applicable), the chief elected official of local government, and Dislocated Worker Unit of the Tennessee Department of Labor and Workforce Development before closing or relocating their business or conducting a mass layoff. The notice requirement is triggered when 50 or more workers are affected for at least three months. The notice must contain the following information:

The company’s name and address
The name and address of a contact person
The date of the closing or mass layoff
Whether the closing or layoff is permanent or temporary
The job titles of the positions to be eliminated
The number of affected workers
Whether bumping rights exist
The name of unions representing affected workers, if applicable
The name and address of the chief elected officer of each union representing affected workers, if applicable
Whether the entire plant will close

Regarding employment and payroll data, under the Fair Labor Standards Act (FLSA) and others, you must:

For at least 3 years: keep payroll records, certificates, agreements, notices, collective bargaining agreements, employment contracts, and sales and purchase records. Also keep completed copies of each employee’s I-9 for three years after they are hired. If the employee works longer than three years, hold on to the form for at least one year after the employee leaves.

For at least 2 years: Keep basic employment and earning records like timecards, wage-rate tables, shipping and billing records, and records of additions to or deductions from wages. Also keep the records that show why you may pay different wages to employees of different sexes, such as wage rates, job evaluations, seniority and merit systems, and collective bargaining agreements.

For at least 1 year: The Equal Employment Opportunity Commission says employers should keep all employment records for at least one year from the employee’s date of termination.

Other record-keeping laws that may apply to you:

Under the Occupational Safety and Health Act, you need to keep records of job-related injuries and illnesses for five years. But some records, like those covering toxic substance exposure, have to be kept for 30 years.

You must keep files of benefit plans and seniority and merit systems while they are in effect and for at least a year after they end. You must also retain summary descriptions and annual reports of benefits plans for six years.

If your company is covered by the Family and Medical Leave Act, you must also retain relevant records of leaves, notices, policies, and more for three years.