Tennessee Overtime Calculator — FLSA rules for TN workers

Frequently Asked Questions

• Does Tennessee have its own overtime law in 2026?

  No. Tennessee has no separate state overtime law. Employees in Tennessee are covered by the federal Fair Labor Standards Act (FLSA), which requires overtime pay at 1.5 times the regular rate for all hours worked over 40 in a single workweek. Tennessee adds no daily overtime threshold, double-time requirement, or 7th-day rule on top of the FLSA.

• When does overtime kick in under Tennessee law?

  Overtime begins after 40 hours worked in a single workweek (Sunday through Saturday, or any fixed 7-day period established by the employer). There is no daily overtime trigger in Tennessee — working more than 8 hours in one day does not create overtime entitlement unless total weekly hours exceed 40.

• What is the overtime pay rate in Tennessee?

  The overtime rate is 1.5 times (time-and-a-half) the employee's regular rate of pay for each hour worked beyond 40 in a workweek. For example, an employee earning $18/hr receives $27/hr for overtime hours.

• Can a Tennessee employer require employees to work overtime?

  Yes. Tennessee is an at-will employment state. Unless restricted by an employment contract or collective bargaining agreement, employers can require employees to work overtime hours. Refusal to work mandatory overtime can be grounds for termination. Employers must, however, compensate all overtime hours at the 1.5× rate.

• Who is exempt from overtime in Tennessee?

  Overtime exemptions are governed by the federal FLSA. Common exemptions include: (1) executive, administrative, and professional employees who earn at least $684/week (federal salary basis as of 2026) and meet duties tests; (2) outside sales employees; (3) certain highly compensated employees. Tennessee does not create additional exemptions beyond those in the FLSA.

• Can my Tennessee employer average hours across two weeks to avoid paying overtime?

  No. Overtime must be calculated on a workweek-by-workweek basis under the FLSA. An employer cannot average 35 hours one week and 45 hours the next week (80 hours over two weeks) to avoid paying overtime for the 5 hours over 40 in the second week.

• Does Tennessee allow comp time instead of overtime pay?

  For private-sector employees in Tennessee, compensatory time (comp time) in lieu of overtime pay is not permitted under the FLSA. Only state and local government employers may offer comp time to non-exempt employees. Private employers must pay cash overtime premiums.

• What if my Tennessee employer refuses to pay overtime I earned?

  You can file a wage claim with the Tennessee Department of Labor & Workforce Development, or file a complaint with the U.S. Department of Labor Wage and Hour Division (whd.dol.gov). You may also pursue a private civil lawsuit for unpaid wages, back pay, liquidated damages (equal to unpaid overtime), and attorney's fees under the FLSA.

• Does overtime apply to tipped workers in Tennessee?

  Yes. Tipped employees who work overtime must receive 1.5× their regular rate of pay (which includes the cash wage plus the tip credit) for hours over 40. The overtime rate is calculated on the full minimum wage, not just the reduced cash wage paid by the employer.