🇺🇸 Tennessee EMPLOYMENT LAW — 2026 UPDATE

Tennessee Employment Law 2026

⚠️Informational only — not legal or tax advice.

Last Updated: January 15, 2026
Last Reviewed: January 15, 2026
Applicable Period: 2026
Jurisdiction: State of Tennessee, United States
Update Schedule: Quarterly reviews in 2026; annual reviews thereafter

Click any item below to jump to the relevant section

Introduction
Employment Law Framework in Tennessee
Employee Rights in Tennessee
Discrimination Laws in Tennessee
Reasonable Accommodations
Employer Obligations in Tennessee
Filing Complaints
Remote Work in Tennessee
2026 Updates and Recent Changes
Resources
Frequently Asked Questions

Introduction

Tennessee employment law in 2026 consists of state statutes, regulations, and federal laws that govern the relationship between employers and employees. This comprehensive guide provides employees and employers with authoritative information on employment rights and obligations in Tennessee.

Tennessee follows the employment-at-will doctrine with specific statutory exceptions. The state does not have its own minimum wage law, defaulting to federal standards. Tennessee law provides specific protections for meal breaks, final paycheck timing, and prohibits employment discrimination on bases including race, sex, age, religion, disability, and other protected characteristics.

This guide covers Tennessee-specific employment laws including wage regulations, discrimination protections, accommodation requirements, employer obligations, and complaint procedures. Federal employment laws that apply in Tennessee are also addressed, including the Fair Labor Standards Act, Title VII of the Civil Rights Act, the Americans with Disabilities Act, and other federal protections.

What This Guide Covers:

Employment law framework and at-will employment
Wage and hour regulations
Discrimination laws and protected classes
Reasonable accommodation requirements
Employer obligations and compliance requirements
Filing complaints and enforcement procedures
Remote work considerations
2026 legislative updates

Sources: This guide relies exclusively on official government sources including Tennessee statutes (Tennessee Code Annotated), Tennessee Department of Labor and Workforce Development guidance, Tennessee Attorney General’s Office materials, United States Code, and federal agency publications.

Employment Law Framework in Tennessee

1.1 At-Will Employment Doctrine

Tennessee is an at-will employment state. This fundamental principle governs most employment relationships in Tennessee.

According to the Tennessee Department of Labor and Workforce Development:

“Employers may legally terminate an employee at any time for any reason, or for no reason without incurring legal liability. However, an employer may not discriminate against any employee on the basis of the employee’s race, sex, age, religion, color, national origin, or disability. Likewise, an employee is free to leave a job at any time for any or no reason with no adverse legal consequences.”

Source: Tennessee Department of Labor and Workforce Development, Employee Rights
Available at: https://www.tn.gov/workforce/employees/labor-laws/labor-laws-redirect/employee-rights.html
Verified: January 15, 2026

What At-Will Employment Means:

For Employees:

Your employer can terminate your employment at any time, for any lawful reason or no reason at all
You are not required to provide notice before resigning (unless contractually obligated)
You can quit your job at any time without legal penalty
Your employer can change your job duties, pay, benefits, or work schedule (subject to wage payment notice requirements)

For Employers:

You can terminate employees at any time for any lawful, non-discriminatory reason
You can set and change employment terms and conditions
You are not required to provide advance notice of termination (unless contractually obligated)
You must still comply with anti-discrimination laws and other statutory exceptions

Exceptions to At-Will Employment:

Tennessee law provides several exceptions to the at-will doctrine. Employees cannot be terminated or disciplined for:

1. Military Service

According to Tennessee Code Annotated § 8-33-101 through § 8-33-109, employees cannot be terminated for being called to military service.

Source: Tennessee Code Annotated Title 8, Chapter 33
Available at: https://www.tn.gov/workforce/employees/labor-laws/labor-laws-redirect/employee-rights.html
Citation: Tenn. Code Ann. § 8-33-101 et seq.

2. Jury Duty

Employers cannot terminate employees for jury duty service.

Source: Tennessee Department of Labor and Workforce Development
Available at: https://www.tn.gov/workforce/employees/labor-laws/labor-laws-redirect/employee-rights.html

3. Voting Rights

Employees have protected time to vote under Tennessee law.

4. Whistleblower Protection

Tennessee Code Annotated § 50-1-304 protects employees who report illegal activities.

According to the Tennessee Department of Labor and Workforce Development:

“In any civil cause of action for retaliatory discharge brought pursuant to this section, or in any civil cause of action alleging retaliation for refusing to participate in or remain silent about illegal activities, the plaintiff shall establish a prima facie case by preponderance of the evidence. The plaintiff at all times retains the burden of persuading the trier of fact that the plaintiff has been the victim of unlawful retaliation.”

Source: Tennessee Code Annotated § 50-1-304
Citation: Tenn. Code Ann. § 50-1-304
Available at: https://www.tn.gov/workforce/employees/labor-laws/labor-laws-redirect/employee-rights.html

5. Anti-Discrimination Laws

Federal and state laws prohibit termination based on protected characteristics (see Section 3 for detailed coverage).

6. Public Policy Exceptions

Courts have recognized exceptions when termination violates clear public policy.

1.2 Labor Law vs Employment Law: Understanding the Distinction

Employment law is the primary legal framework governing workplace relationships in Tennessee. Labor law is a subset of employment law specifically concerning union-related activities and collective bargaining.

Employment Law (Broader Framework):

Applies to all employees and employers
Covers wages, hours, discrimination, safety, termination
Enforced by state and federal agencies
Examples: Fair Labor Standards Act, Tennessee Human Rights Act, Wage Regulations Act

Labor Law (Subset):

Applies specifically to unionized workplaces and organizing activities
Covers collective bargaining, union elections, unfair labor practices
Primarily federal jurisdiction under National Labor Relations Act
Examples: NLRA, Tennessee Right-to-Work Law

When Each Applies:

Employment Law applies:

To all Tennessee employers and employees
In disputes over wages, hours, working conditions
In discrimination and harassment cases
For workplace safety matters
When filing wage claims or discrimination complaints

Labor Law applies:

When employees are unionizing or voting on union representation
During collective bargaining negotiations
In disputes over union contracts
When unfair labor practices are alleged
For union-related protected activities

1.3 Tennessee Right-to-Work Law

Tennessee is a right-to-work state. According to Tennessee Code Annotated § 50-1-201 et seq.:

“It is unlawful for any employer or organization of any kind to deny or attempt to deny employment to any person by reason of the person’s membership in, affiliation with, resignation from or refusal to join or affiliate with any labor union or employee organization of any kind.”

Source: Tennessee Right-to-Work Law
Citation: Tennessee Code Annotated § 50-1-201 et seq.
Available at: https://www.tn.gov/content/dam/tn/workforce/documents/majorpublications/requiredposters/Right-to-Work-Poster.pdf
Last amended: Statutory provision

What Right-to-Work Means:

Employees cannot be required to join a union as a condition of employment
Employees cannot be required to pay union dues or fees as a condition of employment
Employers cannot discriminate based on union membership or non-membership
Employees have the right to work without union affiliation

Note on 2026 Developments: The Tennessee General Assembly considered legislation in 2024-2025 regarding agency fee provisions in collective bargaining agreements. Legislative developments can be tracked through the Tennessee General Assembly website.

Source: Tennessee General Assembly Bill Information
Available at: https://wapp.capitol.tn.gov/apps/BillInfo/default.aspx?BillNumber=HB2598&GA=112

Employee Rights in Tennessee

2.1 Wage and Hour Rights

Tennessee does not have a state minimum wage law. Employers covered by the Fair Labor Standards Act must pay the federal minimum wage.

2.1.1 Minimum Wage

Current Tennessee Minimum Wage (2026): No state minimum wage

Federal Minimum Wage (2026): $7.25 per hour

According to the U.S. Department of Labor:

“Tennessee: No state minimum wage law. Employers subject to the Fair Labor Standards Act must pay the current Federal minimum wage of $7.25 per hour.“

Source: U.S. Department of Labor, Wage and Hour Division
Citation: State Minimum Wage Laws
Official text: https://www.dol.gov/agencies/whd/minimum-wage/state
Last updated: July 31, 2025

Who is Covered:

The Fair Labor Standards Act applies to:

Enterprises with annual gross volume of sales of at least $500,000
Hospitals, businesses providing medical or nursing care for residents, schools, and government agencies
Employees engaged in interstate commerce or production of goods for interstate commerce

Source: Fair Labor Standards Act, 29 U.S.C. § 203
Official text: https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title29-section203&num=0&edition=prelim
DOL guidance: https://www.dol.gov/agencies/whd/flsa

Note on Proposed Legislation:

The Tennessee General Assembly considered legislation (SB2670/HB2793) during the 112th session that would have established a Tennessee minimum wage increasing to $15.00 by January 1, 2026. This bill was introduced but did not pass.

Source: Tennessee General Assembly Bill Information
Bill: SB2670/HB2793
Available at: https://wapp.capitol.tn.gov/apps/Billinfo/default.aspx?BillNumber=SB2670&ga=112
Status: Introduced, not enacted

Therefore, Tennessee continues to follow federal minimum wage requirements without a separate state minimum wage.

2.1.2 Overtime Requirements

Tennessee does not have state-specific overtime laws. Overtime is governed by federal law under the Fair Labor Standards Act.

Federal Overtime Requirements:

According to the Fair Labor Standards Act, 29 U.S.C. § 207(a)(1):

“Except as otherwise provided in this section, no employer shall employ any of his employees who in any workweek is engaged in commerce or in the production of goods for commerce, or is employed in an enterprise engaged in commerce or in the production of goods for commerce, for a workweek longer than forty hours unless such employee receives compensation for his employment in excess of the hours above specified at a rate not less than one and one-half times the regular rate at which he is employed.”

Source: Fair Labor Standards Act
Citation: 29 U.S.C. § 207(a)(1)
Official text: https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title29-section207&num=0&edition=prelim
DOL guidance: https://www.dol.gov/agencies/whd/overtime

Key Overtime Rules:

Overtime must be paid at 1.5 times the regular rate
Overtime applies after 40 hours worked in a workweek
No daily overtime requirement (unlike California’s 8-hour rule)
Overtime is calculated weekly, not by pay period

Exempt Employees:

Certain employees are exempt from overtime requirements, including:

Executive, administrative, and professional employees meeting specific salary and duties tests
Outside sales employees
Certain computer employees
Other categories specified in 29 C.F.R. § 541

Source: Fair Labor Standards Act Regulations
Citation: 29 C.F.R. § 541
Official text: https://www.ecfr.gov/current/title-29/subtitle-B/chapter-V/subchapter-A/part-541

Referral for Overtime Issues:

According to the Tennessee Department of Labor and Workforce Development, overtime issues are regulated by the U.S. Department of Labor, not the state agency.

Source: Tennessee Department of Labor and Workforce Development, Referrals
Available at: https://www.tn.gov/workforce/employees/labor-laws/labor-laws-redirect/referrals.html

2.1.3 Meal and Rest Break Requirements

Tennessee requires meal breaks but does not require rest breaks.

According to Tennessee Code Annotated § 50-2-103(h):

“State law requires that employees must be provided a thirty (30) minute unpaid meal or rest period if scheduled six (6) consecutive hours, except in workplace environments that by their nature of business provides for ample opportunity to rest or take an appropriate break. An example would be a person employed in the food/beverage industry or security guards. The failure to provide a thirty (30) minute meal or rest period is a violation of state law.”

Source: Tennessee Department of Labor and Workforce Development, Wages & Breaks
Citation: Tenn. Code Ann. § 50-2-103(h)
Available at: https://www.tn.gov/workforce/employees/labor-laws/labor-laws-redirect/wages-breaks.html
Verified: January 15, 2026

Tennessee Meal Break Requirements:

Required: 30-minute unpaid meal or rest period
Trigger: Scheduled to work 6 consecutive hours
Timing: Cannot be scheduled during or before the first hour of work
Exceptions: Workplace environments that by their nature provide ample opportunity to rest (food/beverage industry, security guards)

Additional Official Source:

According to the Tennessee Department of Labor and Workforce Development Wage Regulations poster:

“Each employee must have a 30-minute unpaid rest break or meal period if scheduled to work 6 hours consecutively, except adult employees in workplace environments that by the nature of business provide for ample opportunity to rest or take an appropriate break. Such break shall not be scheduled during or before the first hour of scheduled work activity (T.C.A. §50-2-103).”

Source: Tennessee Wage Regulations Act Poster
Citation: T.C.A. § 50-2-103
Available at: https://www.tn.gov/content/dam/tn/workforce/documents/majorpublications/requiredposters/Wage_Poster.pdf
Format: PDF poster

Rest Breaks:

According to the Tennessee Department of Labor and Workforce Development:

“There are no state requirements for additional breaks.”

Federal Law:

Federal law does not require meal or rest breaks. However, if an employer chooses to provide short breaks (5-20 minutes), federal law considers them compensable work hours.

Source: U.S. Department of Labor
Available at: https://www.dol.gov/general/topic/workhours/breaks
Citation: 29 C.F.R. § 785.18

2.1.4 Wage Payment Timing Requirements

Tennessee law specifies when employers must pay wages during employment and upon termination.

Regular Pay Periods:

According to Tennessee Code Annotated § 50-2-103:

“All wages or compensation of employees in private employment shall be due and payable not less frequently than once per month.”

For Monthly Payroll:

“For each employer that makes wage payments once monthly to employees in private employment, all wages or compensation earned and unpaid prior to the first day of any month shall be due and payable not later than the twentieth day of the month following the one in which the wages were earned.”

For Semi-Monthly or More Frequent Payroll:

“For each employer that makes wage payments in two (2) or more periods per month, all wages and compensation of employees in private employment shall be due and payable as follows: (A) All wages or compensation earned and unpaid prior to the first day of any month shall be due and payable not later than the twentieth day of the month following the one in which the wages were earned; and (B) All wages or compensation earned and unpaid prior to the sixteenth day of any month shall be due and payable not later than the fifth day of the succeeding month.”

Source: Tennessee Department of Labor and Workforce Development, Wages & Breaks
Citation: Tenn. Code Ann. § 50-2-103
Available at: https://www.tn.gov/workforce/employees/labor-laws/labor-laws-redirect/wages-breaks.html

Pay Frequency Requirements:

According to the Tennessee Wage Regulations Act poster:

“Private employers with 5 or more employees are required to establish and maintain regular pay days.”

Source: Tennessee Wage Regulations Act Poster
Available at: https://www.tn.gov/content/dam/tn/workforce/documents/majorpublications/requiredposters/Wage_Poster.pdf

Notice of Wages:

According to Tennessee Code Annotated § 50-2-101:

“It is unlawful for any employer to employ, permit or suffer to work any person without first informing the employee of the amount of wages to be paid.”

Source: Tennessee Wage Regulations Act Poster
Citation: T.C.A. § 50-2-101
Available at: https://www.tn.gov/content/dam/tn/workforce/documents/majorpublications/requiredposters/Wage_Poster.pdf

2.1.5 Final Paycheck Requirements

Upon Separation from Employment:

According to Tennessee Code Annotated § 50-2-103(g):

“Any employee who leaves or is discharged from employment shall be paid in full all wages or salary earned by the employee no later than the next regular pay day following the date of dismissal or voluntary leaving, or twenty-one (21) days following the date of discharge or voluntary leaving, whichever occurs last. There is no exemption under the law.”

Source: Tennessee Department of Labor and Workforce Development, Wages & Breaks
Citation: Tenn. Code Ann. § 50-2-103(g)
Available at: https://www.tn.gov/workforce/employees/labor-laws/labor-laws-redirect/wages-breaks.html

Timeline Explanation:

The employer must pay final wages by the later of:

The next regular payday following termination, OR
21 days after the date of termination

Example: If an employee is terminated on January 5 and the next regular payday is January 15, the employer must pay by January 15. If the next regular payday is January 25, the employer could wait until January 26 (21 days after January 5).

This applies to:

Voluntary resignations
Terminations for cause
Layoffs
All forms of separation from employment

2.1.6 Wage Deductions

Tennessee law regulates what employers can deduct from employee wages.

According to Tennessee Code Annotated § 50-2-110(a)(2):

Deductions are permitted when “the employee signs a written agreement prior to any actions occurring pursuant to subdivision (a)(1) allowing the employer to offset the employee’s wages for any amount the employee owes the employer, and the employer has in its possession at the time of the offset a copy of such signed agreement.”

Source: Tennessee Department of Labor and Workforce Development, Wages & Breaks
Citation: Tenn. Code Ann. § 50-2-110(a)(2)
Available at: https://www.tn.gov/workforce/employees/labor-laws/labor-laws-redirect/wages-breaks.html

Permissible Deductions:

Required by law (taxes, court-ordered garnishments)
Authorized in writing by employee before the deduction occurs
Third-party payments (insurance, retirement) with written authorization

Cannot Withhold Final Paycheck:

According to the Tennessee Department of Labor and Workforce Development:

“Can my employer hold my paycheck until I return my uniform, etc.? Only if an employee has signed a written policy or agreement.”

Source: Tennessee Department of Labor and Workforce Development, Wages & Breaks
Available at: https://www.tn.gov/workforce/employees/labor-laws/labor-laws-redirect/wages-breaks.html

Federal Restrictions:

According to the Fair Labor Standards Act, deductions cannot reduce wages below the applicable minimum wage for FLSA-covered employees.

Source: Fair Labor Standards Act
Citation: 29 C.F.R. § 4.168, 29 U.S.C. § 203
Official text: https://www.ecfr.gov/current/title-29/subtitle-B/chapter-V/subchapter-A/part-531

2.1.7 Paid Leave Laws

Paid Sick Leave

Tennessee does not have a state law requiring paid sick leave.

According to the Tennessee Department of Labor and Workforce Development:

“Is an employer required by law to provide fringe benefits? No. There is no Tennessee law that regulates fringe benefits. Company policy is the determining factor. These and similar matters are also determined by an agreement between the employees and the employer or their authorized representatives.”

Source: Tennessee Department of Labor and Workforce Development, Wages & Breaks
Citation: Tenn. Code Ann. § 50-2-103(3)
Available at: https://www.tn.gov/workforce/employees/labor-laws/labor-laws-redirect/wages-breaks.html

Federal Law:

According to the U.S. Department of Labor, there is no federal law requiring private sector employers to provide paid sick leave.

Source: U.S. Department of Labor
Available at: https://www.dol.gov/general/topic/workhours/sickleave
Verified: January 2026

Employer Policies:

Paid sick leave, vacation, holidays, and other fringe benefits are determined by:

Employer policy
Employment contracts
Collective bargaining agreements

Accrued Benefits Upon Separation:

According to Tennessee Code Annotated § 50-2-103(a)(3):

“If an employer’s policy provides fringe benefits and the employee voluntarily or involuntarily separates, is the employer required to compensate for any of these benefits accrued, but not used? No. Unless the employer’s policy or its labor agreement specifically requires compensation of unused fringe benefits to an employee upon his or her separation of employment. Tennessee law does not require that an employee’s final wages include such compensation.”

Source: Tennessee Department of Labor and Workforce Development, Wages & Breaks
Citation: Tenn. Code Ann. § 50-2-103(a)(3)
Available at: https://www.tn.gov/workforce/employees/labor-laws/labor-laws-redirect/wages-breaks.html

Summary:

No state-mandated paid sick leave
No federal private sector requirement
Benefits determined by employer policy
Unused benefits paid out only if employer policy requires

Other Paid Leave

Paid Vacation, Holidays, Personal Time:

Tennessee law does not require employers to provide paid vacation, holidays, or personal time off. These benefits are governed by employer policy or contract.

Family and Medical Leave

State Law:

Tennessee does not have a state family and medical leave law separate from federal law.

Federal Law – Family and Medical Leave Act (FMLA):

Eligible employees are entitled to up to 12 weeks of unpaid, job-protected leave per year for specified family and medical reasons.

Coverage:

Employers with 50 or more employees
Employees who have worked for employer for at least 12 months and 1,250 hours in the previous 12 months

Qualifying Reasons:

Birth and care of newborn child
Placement of child for adoption or foster care
Care for spouse, child, or parent with serious health condition
Employee’s own serious health condition
Qualifying exigencies related to military family member’s deployment
Care for covered service member with serious injury or illness (up to 26 weeks)

Source: U.S. Department of Labor
Citation: Family and Medical Leave Act, 29 U.S.C. § 2601 et seq.
Official text: https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title29-chapter28&edition=prelim
DOL guidance: https://www.dol.gov/agencies/whd/fmla

Note: FMLA issues are regulated by the U.S. Department of Labor, not the Tennessee Department of Labor and Workforce Development.

Source: Tennessee Department of Labor and Workforce Development, Referrals
Available at: https://www.tn.gov/workforce/employees/labor-laws/labor-laws-redirect/referrals.html

2.1.8 Sex-Based Wage Discrimination

Tennessee law specifically prohibits pay discrimination based on sex.

According to Tennessee Code Annotated § 50-2-202:

“Generally, employers are required not to discriminate between employees on the basis of sex by paying one employee more or less than the employer pays to any employee of the opposite sex for comparable skill, effort, and responsibility, and which are performed under similar working conditions.”

Source: Tennessee Department of Labor and Workforce Development, Wages & Breaks
Citation: Tenn. Code Ann. § 50-2-202
Available at: https://www.tn.gov/workforce/employees/labor-laws/labor-laws-redirect/wages-breaks.html

Also from the Tennessee Wage Regulations Act poster:

“No employer shall discriminate between employees in the same establishment on the basis of sex by paying any employee salary or wage rates less than the employer pays to any employee of opposite sex for comparable skill, effort, and responsibility, and which are performed under similar working conditions (T.C.A. §50-2-202).”

Source: Tennessee Wage Regulations Act Poster
Citation: T.C.A. § 50-2-202
Available at: https://www.tn.gov/content/dam/tn/workforce/documents/majorpublications/requiredposters/Wage_Poster.pdf

Retaliation Protection:

According to Tennessee Code Annotated § 50-2-202(c):

“Can an employer terminate an employee for a claim regarding sex discrimination? No, an employer is not allowed to terminate or discriminate against any employee who files a claim for sex discrimination.”

Source: Tennessee Department of Labor and Workforce Development, Wages & Breaks
Citation: Tenn. Code Ann. § 50-2-202(c)
Available at: https://www.tn.gov/workforce/employees/labor-laws/labor-laws-redirect/wages-breaks.html

Federal Equal Pay Act:

The federal Equal Pay Act also prohibits sex-based wage discrimination.

Source: Equal Pay Act of 1963
Citation: 29 U.S.C. § 206(d)
Official text: https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title29-section206&num=0&edition=prelim
EEOC guidance: https://www.eeoc.gov/laws/statutes/epa.cfm

2.1.9 Employee Rights Summary

Tennessee employees have the following wage and hour rights:

Minimum Wage:

$7.25 per hour (federal minimum wage applies)
No separate state minimum wage

Overtime:

Time and one-half for hours over 40 in a workweek (federal FLSA)
No daily overtime requirement

Meal Breaks:

30-minute unpaid break required after 6 consecutive hours scheduled
Exception for workplace environments providing ample opportunity to rest

Rest Breaks:

No state requirement
If provided by employer, short breaks (5-20 minutes) are compensable under federal law

Wage Payment:

At least monthly
Notice of wage amount required before work begins
Regular paydays must be posted (employers with 5+ employees)

Final Paycheck:

Due on next regular payday OR 21 days after separation, whichever is later
Applies to voluntary and involuntary separations

Deductions:

Require written authorization (except required by law)
Cannot reduce wages below minimum wage

Paid Leave:

No state requirement for sick leave, vacation, or holidays
FMLA provides unpaid leave for eligible employees

Sex-Based Pay Discrimination:

Prohibited under state and federal law
Retaliation for filing claim prohibited

For wage and hour violations, contact:

Tennessee Department of Labor and Workforce Development (state wage claims)
U.S. Department of Labor, Wage and Hour Division (federal FLSA violations)

Discrimination Laws in Tennessee

3.1 Overview of Anti-Discrimination Protections

Important 2025 Legislative Change:

The Tennessee General Assembly dissolved the Tennessee Human Rights Commission effective July 1, 2025, and created the Civil Rights Enforcement Division (CRED) within the Tennessee Attorney General’s Office.

According to the Tennessee Attorney General’s press release dated July 1, 2025:

“Tennessee Attorney General Jonathan Skrmetti today announced the opening of the new Civil Rights Enforcement Division (CRED), which is now accepting discrimination complaints under the Tennessee Human Rights Act and Tennessee Disability Act. This past legislative session, the Tennessee General Assembly dissolved the Tennessee Human Rights Commission and created the Civil Rights Enforcement Division within the Attorney General’s Office to provide the excellent civil rights enforcement that Tennesseans deserve. The Division will serve as a specialized unit committed to combating illegal discrimination in employment, housing, public accommodations, and education in Tennessee.”

Source: Tennessee Attorney General’s Office
Title: Tennessee Attorney General’s Office Opens Civil Rights Enforcement Division
Published: July 1, 2025
Available at: https://www.tn.gov/attorneygeneral/news/2025/7/1/pr25-38.html
Verified: January 15, 2026

Current Enforcement Agency:

Civil Rights Enforcement Division (CRED)
Tennessee Attorney General’s Office

Website: https://www.tn.gov/attorneygeneral/cred.html

According to CRED’s official page:

“The Civil Rights Enforcement Division of the Tennessee Attorney General’s Office is dedicated to enforcing Tennessee’s anti-discrimination laws with excellence to deliver positive outcomes for Tennesseans. The Division investigates discrimination in housing, employment, public accommodations, and education. Tennesseans who believe they have been discriminated against in one of these categories because of their race, creed, color, religion, sex, disability, age, or familial status may wish to file a complaint with the Civil Rights Enforcement Division.”

Source: Tennessee Attorney General’s Office, CRED
Available at: https://www.tn.gov/attorneygeneral/cred.html
Verified: January 15, 2026

Tennessee enforces anti-discrimination protections through two primary state laws:

Tennessee Human Rights Act (THRA)
Tennessee Disability Act (TDA)

These laws work in conjunction with federal anti-discrimination laws including Title VII of the Civil Rights Act, the Americans with Disabilities Act, the Age Discrimination in Employment Act, and others.

3.2 Protected Classes Under Tennessee Law

State Protected Classes

According to information from the former Tennessee Human Rights Commission (now enforced by CRED):

“Tennessee Human Rights Act & TN Disability Act- Prohibits discrimination based on race, color, national origin, gender, age (40 and over), creed, religion, disability, familial status (Housing) and retaliation in employment, housing and public accommodation.”

Source: Tennessee Human Rights Commission presentation
Title: Understanding the Tennessee Human Rights Commission
Available at: https://www.tn.gov/content/dam/tn/humanrights/UnderstandingTHRC_1-29-2020.pdf
Page reference: Laws enforced by THRC slide

Employment-Specific Protected Classes in Tennessee:

Under the Tennessee Human Rights Act and Tennessee Disability Act, discrimination in employment is prohibited based on:

Race
Color
National origin
Religion (creed)
Sex (gender)
Age (40 and over)
Disability

Note: Familial status is a protected class in housing but not employment.

Source: Tennessee Attorney General’s Office, CRED
Available at: https://www.tn.gov/attorneygeneral/cred.html

Employer Size Threshold:

According to historical THRC documentation:

“THRC accepts and investigates employment claims regarding employers having eight or more employees.”

Source: Tennessee Human Rights Commission Report
Title: The Status of Human Rights in Tennessee
Published: November 2014
Available at: https://www.tn.gov/content/dam/tn/humanrights/documents/FINAL_The_Status_of_Human_Rights_in_Tennessee_11.21.14.pdf
Note: This threshold continues under CRED enforcement

Federal Protected Classes

In addition to state protections, federal law prohibits employment discrimination based on:

Title VII of the Civil Rights Act of 1964 (42 U.S.C. § 2000e):

Race
Color
Religion
Sex (including pregnancy, sexual orientation, and gender identity per current EEOC interpretation)
National origin

Source: Title VII of the Civil Rights Act
Citation: 42 U.S.C. § 2000e-2
Official text: https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section2000e-2&num=0&edition=prelim
EEOC guidance: https://www.eeoc.gov/laws/statutes/titlevii.cfm

Age Discrimination in Employment Act (29 U.S.C. § 621):

Age (40 and over)

Source: Age Discrimination in Employment Act
Citation: 29 U.S.C. § 621 et seq.
Official text: https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title29-chapter14&edition=prelim
EEOC guidance: https://www.eeoc.gov/age-discrimination

Americans with Disabilities Act (42 U.S.C. § 12101):

Disability

Source: Americans with Disabilities Act
Citation: 42 U.S.C. § 12101 et seq.
Official text: https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-chapter126&edition=prelim
EEOC guidance: https://www.eeoc.gov/disability-discrimination

Genetic Information Nondiscrimination Act (42 U.S.C. § 2000ff):

Genetic information

Source: Genetic Information Nondiscrimination Act
Citation: 42 U.S.C. § 2000ff et seq.
Official text: https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-chapter21F&edition=prelim
EEOC guidance: https://www.eeoc.gov/genetic-information-discrimination

Federal Employer Coverage:

Most federal anti-discrimination laws apply to employers with:

15 or more employees (Title VII, ADA, GINA)
20 or more employees (ADEA for age discrimination)

Source: U.S. Equal Employment Opportunity Commission
Available at: https://www.eeoc.gov/employers/small-business

3.3 Types of Discrimination Prohibited

Tennessee and federal law prohibit several types of employment discrimination:

Disparate Treatment:

Intentionally treating an employee or applicant differently because of protected characteristic
Example: Refusing to hire qualified candidates of a particular race

Disparate Impact:

Neutral policy that disproportionately affects protected class
Example: Physical requirement that excludes women without business necessity

Harassment:

Unwelcome conduct based on protected characteristic
Creates hostile work environment or conditions employment on submission

Retaliation:

Adverse action against employee for engaging in protected activity
Example: Firing employee who filed discrimination complaint

Failure to Accommodate:

Not providing reasonable accommodation for disability or religious practice
When accommodation does not cause undue hardship

3.4 Sexual Harassment

Sexual harassment is a form of sex discrimination prohibited under state and federal law.

Types of Sexual Harassment:

1. Quid Pro Quo Harassment:

Submission to sexual conduct is made condition of employment
Submission or rejection is used as basis for employment decisions
Typically involves supervisor or person with authority

2. Hostile Work Environment:

Unwelcome sexual conduct that is severe or pervasive
Creates intimidating, hostile, or offensive work environment
Can involve supervisors, coworkers, or third parties

Federal Definition:

According to the U.S. Equal Employment Opportunity Commission:

“Harassment is unwelcome conduct that is based on race, color, religion, sex (including sexual orientation, gender identity, or pregnancy), national origin, older age (beginning at age 40), disability, or genetic information (including family medical history). Harassment becomes unlawful where 1) enduring the offensive conduct becomes a condition of continued employment, or 2) the conduct is severe or pervasive enough to create a work environment that a reasonable person would consider intimidating, hostile, or abusive.”

Source: U.S. Equal Employment Opportunity Commission
Available at: https://www.eeoc.gov/harassment
Verified: January 2026

Employer Liability:

Employers can be held liable for sexual harassment by:

Supervisors (strict liability for tangible employment actions)
Co-workers (if employer knew or should have known and failed to take corrective action)
Non-employees (if employer had control and failed to act)

Tennessee Training Requirements:

Tennessee does not have a state law requiring sexual harassment prevention training.

Source: Research conducted of Tennessee statutes and regulations
Verified: January 15, 2026
Contrast: States like California, New York, Connecticut, Delaware, Illinois, and Maine require harassment prevention training

Federal Guidance:

The EEOC provides guidance on harassment prevention training.

Source: U.S. Equal Employment Opportunity Commission
Available at: https://www.eeoc.gov/laws/guidance/enforcement-guidance-vicarious-employer-liability-unlawful-harassment-supervisors

3.5 Pregnancy Discrimination

Tennessee Pregnancy and Maternity Leave Act:

According to the Tennessee Human Rights Commission documentation:

“Pregnancy & Maternity Leave Act – Prohibits discrimination based on leave for adoption, pregnancy, childbirth and nursing an infant.”

Source: Tennessee Human Rights Commission presentation
Available at: https://www.tn.gov/content/dam/tn/humanrights/UnderstandingTHRC_1-29-2020.pdf

Federal Pregnancy Discrimination Act:

The Pregnancy Discrimination Act amended Title VII to prohibit discrimination based on pregnancy, childbirth, or related medical conditions.

Source: Pregnancy Discrimination Act
Citation: 42 U.S.C. § 2000e(k)
Official text: https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section2000e&num=0&edition=prelim
EEOC guidance: https://www.eeoc.gov/pregnancy-discrimination

Pump at Work (Federal):

The Fair Labor Standards Act requires employers to provide reasonable break time and a private location (not a bathroom) for nursing mothers to express breast milk for one year after child’s birth.

Source: Fair Labor Standards Act, 29 U.S.C. § 207(r)
Official text: https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title29-section207&num=0&edition=prelim
DOL guidance: https://www.dol.gov/agencies/whd/pump-at-work

Reasonable Accommodations

4.1 Disability Accommodations

Tennessee Disability Act and the federal Americans with Disabilities Act require employers to provide reasonable accommodations to qualified individuals with disabilities.

Who is Covered:

A qualified individual with a disability is someone who:

Has a physical or mental impairment that substantially limits one or more major life activities
Has a record of such impairment
Is regarded as having such impairment
Can perform the essential functions of the job with or without reasonable accommodation

Source: Americans with Disabilities Act
Citation: 42 U.S.C. § 12111
Official text: https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section12111&num=0&edition=prelim

What is a Reasonable Accommodation:

Modifications or adjustments to the work environment or job that enable a qualified individual with a disability to perform essential job functions.

Examples include:

Modifying work schedule or allowing remote work
Providing or modifying equipment, devices, or software
Modifying policies (allowing service animal, providing additional breaks)
Restructuring job or reassigning marginal functions
Providing qualified readers or interpreters
Modifying training materials or policies
Providing reserved parking
Allowing leave as an accommodation

Source: U.S. Equal Employment Opportunity Commission
Available at: https://www.eeoc.gov/publications/abcs-schedule-work-under-ada
Available at: https://www.eeoc.gov/laws/guidance/enforcement-guidance-reasonable-accommodation-and-undue-hardship-under-ada

4.2 The Interactive Process

Employers must engage in an interactive process with employees requesting accommodation.

The Five Steps:

Step 1: Employee Requests Accommodation

Request does not need to use term “accommodation” or mention ADA
Can be verbal or written
Employee indicates difficulty performing job due to medical condition

Step 2: Employer Obtains Information

Request medical documentation if disability and need for accommodation not obvious
Ask about limitations and how accommodation would help
Maintain confidentiality of medical information

Step 3: Explore Accommodation Options

Discuss potential accommodations with employee
Consider employee’s preference
Consult with accommodation experts if needed
Employer has final choice among effective accommodations

Step 4: Choose and Implement Accommodation

Select effective accommodation
Document decision and reasoning
Implement accommodation
Monitor effectiveness

Step 5: Monitor and Adjust

Follow up to ensure accommodation is effective
Modify if needed
Re-engage in interactive process if circumstances change

Source: U.S. Equal Employment Opportunity Commission
Available at: https://www.eeoc.gov/laws/guidance/enforcement-guidance-reasonable-accommodation-and-undue-hardship-under-ada

4.3 Undue Hardship Exception

Employers are not required to provide accommodation that would impose undue hardship.

Undue Hardship Factors:

According to the ADA, undue hardship means significant difficulty or expense considering:

Nature and cost of accommodation
Overall financial resources of facility
Number of employees at facility
Effect on expenses and resources
Overall financial resources of covered entity
Overall size of business
Type of operation

Source: Americans with Disabilities Act
Citation: 42 U.S.C. § 12111(10)
Official text: https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section12111&num=0&edition=prelim
EEOC guidance: https://www.eeoc.gov/laws/guidance/enforcement-guidance-reasonable-accommodation-and-undue-hardship-under-ada

Important: Undue hardship is a high standard. Cost alone is generally not sufficient unless it is significant relative to employer’s resources.

4.4 Religious Accommodations

Employers must reasonably accommodate employees’ sincerely held religious beliefs, practices, and observances unless doing so would cause undue hardship.

Examples of Religious Accommodations:

Flexible scheduling for religious observances
Voluntary shift substitutions or swaps
Job reassignments
Modifications to workplace policies or dress code
Exception from union membership requirements

Undue Hardship for Religious Accommodations:

The standard for religious accommodation undue hardship is lower than for disability accommodations. Undue hardship exists if accommodation would impose more than a de minimis (minimal) cost or burden on business operations.

Source: Title VII of the Civil Rights Act
Citation: 42 U.S.C. § 2000e(j)
Official text: https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section2000e&num=0&edition=prelim
EEOC guidance: https://www.eeoc.gov/laws/guidance/section-12-religious-discrimination

4.5 Pregnancy Accommodations

Pregnant employees may be entitled to accommodations under the ADA if pregnancy-related condition rises to level of disability.

The Pregnant Workers Fairness Act (PWFA) became effective June 27, 2023, and requires covered employers to provide reasonable accommodations for known limitations related to pregnancy, childbirth, or related medical conditions.

Source: Pregnant Workers Fairness Act
Citation: 42 U.S.C. § 2000gg et seq.
Official text: https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-chapter21G&edition=prelim
EEOC guidance: https://www.eeoc.gov/wysk/what-you-should-know-about-pregnant-workers-fairness-act

Coverage:

Employers with 15 or more employees
Applies to limitations related to pregnancy, childbirth, or related medical conditions

Examples of Accommodations:

Modifications to work schedules or shift assignments
Time off for health care appointments
Temporary reassignment
Additional breaks or seating
Light duty or assistance with manual labor
Parking accommodations

4.6 How to Request an Accommodation

For Employees:

Step 1: Initiate the Request

Inform your employer that you need a change at work due to a medical condition or disability
Request can be verbal or written
You do not need to use the words “accommodation” or “ADA”
You do not need to have a formal diagnosis at time of initial request

Step 2: Provide Information

Be prepared to explain what limitations you experience
Describe how the limitation affects your ability to perform job duties
If not obvious, be prepared to provide medical documentation
Suggest accommodation if you have preference

Step 3: Engage in Interactive Process

Participate in good faith discussions with employer
Consider alternative accommodations if your preferred option is not feasible
Provide requested medical information promptly
Be flexible and willing to try different solutions

Step 4: Try the Accommodation

Give accommodation a fair trial
Inform employer if accommodation is not working
Request modifications if needed

For Employers:

Step 1: Recognize the Request

Train supervisors and HR to recognize accommodation requests
Document the request
Respond promptly (ideally within days, not weeks)

Step 2: Gather Information

Request medical documentation if disability and need not obvious
Ask specific questions about limitations and needed accommodations
Keep medical information confidential and separate from personnel files

Step 3: Engage Interactively

Meet with employee to discuss limitations and potential solutions
Consider employee’s preferred accommodation
Research accommodation options
Consult with accommodation resources if needed (Job Accommodation Network)

Step 4: Decide and Implement

Choose effective accommodation that does not cause undue hardship
Document decision and reasons
If denying request, explain why and offer alternatives if available
Implement accommodation promptly
Put accommodation agreement in writing

Step 5: Monitor and Adjust

Follow up to ensure accommodation is effective
Be open to modifications
Re-engage if circumstances change

Documentation of Accommodation Process:

Keep records of accommodation requests
Document interactive process discussions
Maintain medical information separately and confidentially
Document reasons for accommodation decisions
Track effectiveness of accommodations

Source: U.S. Equal Employment Opportunity Commission
Available at: https://www.eeoc.gov/laws/guidance/enforcement-guidance-reasonable-accommodation-and-undue-hardship-under-ada
Available at: https://www.eeoc.gov/publications/abcs-schedule-work-under-ada

Employer Obligations in Tennessee

5.1 Required Workplace Postings

Tennessee employers must display both state and federal workplace posters in locations where employees can easily see them.

According to the Tennessee Department of Labor and Workforce Development:

“Employers are required by law to share information with their employees on employment laws and provide other work-related information. The information should be posted in a prominent place where employees have access.”

Source: Tennessee Department of Labor and Workforce Development, Posters
Available at: https://www.tn.gov/workforce/general-resources/major-publications0/major-publications-redirect/posters.html
Verified: January 15, 2026

Posting Location Requirements:

According to the Tennessee Department of Labor and Workforce Development:

“They should be posted in a prominent place where employees have access such as a break room or time-clock area.”

Source: Tennessee Department of Labor and Workforce Development, Required Posters
Available at: https://www.tn.gov/workforce/general-resources/major-publications0/major-publications-redirect/posters-redirect/required-posters.html

Employer Size Requirement:

According to the Tennessee Department of Labor and Workforce Development:

“Companies with 2 or more employees are required to have state and federal posters. This also applies to non-profit and family-owned businesses.”

Source: Tennessee Department of Labor and Workforce Development FAQ
Available at: https://lwdsupport.tn.gov/hc/en-us/articles/204999407-My-company-is-very-small-and-only-has-a-few-employees-Am-I-still-required-to-have-these-posters
Verified: January 15, 2026

Important Notice About Poster Scams:

According to the Tennessee Department of Labor and Workforce Development:

“The Tennessee Department of Labor and Workforce Development will always provide required posters free of charge to Tennessee employers. Individual posters are available to download and print. The department will never require purchase of these notices.”

Source: Tennessee Department of Labor and Workforce Development
Available at: https://lwdsupport.tn.gov/hc/en-us/sections/200645787-Posters-State-and-Federal-Required
Verified: January 15, 2026

5.1.1 Required Tennessee State Posters

1. Wage Regulations and Child Labor Poster

This poster combines wage and hour requirements with child labor protections.

Content includes:

Wage notification requirements (T.C.A. § 50-2-101)
Payment frequency requirements
30-minute break requirement after 6 consecutive hours
Sex-based wage discrimination prohibition (T.C.A. § 50-2-202)
Child labor protections and age requirements
Labor Standards Unit contact information

Source: Tennessee Wage Regulations Act Poster
Available at: https://www.tn.gov/content/dam/tn/workforce/documents/majorpublications/requiredposters/Wage_Poster.pdf
Format: PDF download
Last updated: May 2024

Spanish version available:
Available at: https://www.tn.gov/workforce/employees/labor-laws/labor-laws-redirect/wages-breaks.html

2. Tennessee Right-to-Work Law Poster

According to Tennessee Code Annotated § 50-1-201 et seq., this poster informs employees of their rights regarding union membership.

Content: “It is unlawful for any employer or organization of any kind to deny or attempt to deny employment to any person by reason of the person’s membership in, affiliation with, resignation from or refusal to join or affiliate with any labor union or employee organization of any kind.”

Source: Tennessee Right-to-Work Poster
Citation: Tennessee Code Annotated § 50-1-201 et seq.
Available at: https://www.tn.gov/content/dam/tn/workforce/documents/majorpublications/requiredposters/Right-to-Work-Poster.pdf
Format: PDF download

3. Workers’ Compensation Insurance Posting Notice

According to the Tennessee Department of Labor and Workforce Development:

“Every Tennessee employer subject to the workers’ compensation law is required to display the Tennessee Workers’ Compensation Insurance Posting Notice. This posting notice should be posted conspicuously in the place of business for easy viewing by all employees.”

Required information on notice:

Whether employer carries workers’ compensation insurance
Name of insurance carrier
Policy number
Physical address of employer representative
Telephone number for injury notification
Notice must be posted at each location if multiple locations

Source: Tennessee Department of Labor and Workforce Development
Available at: https://www.tn.gov/workforce/injuries-at-work/employers/employers/required-posting-notice.html
Verified: January 15, 2026

Spanish and Korean versions available:
Available at: Same URL as above

4. Regular Payday Notice

According to Tennessee Code Annotated § 50-2-103(d):

“Every employer shall establish and maintain regular paydays as herein provided, and shall post and maintain notices, printed or written in plain type or script, in at least two (2) conspicuous places where such notices can be seen by the employees as they go to and from work, setting forth the regular pay day as above prescribed.”

Source: Tennessee Department of Labor and Workforce Development
Citation: T.C.A. § 50-2-103(d)
Available at: https://lwdsupport.tn.gov/hc/en-us/articles/204302728-Where-do-I-get-the-Payday-Notice
Note: Employers create this notice themselves; template not provided by state

5.1.2 Required Federal Posters

1. Fair Labor Standards Act (FLSA) Poster

Required for employers covered by FLSA.

Content:

Federal minimum wage ($7.25)
Overtime pay requirements
Child labor provisions
Equal pay provisions
Recordkeeping requirements
Employee rights and remedies

Source: U.S. Department of Labor, Wage and Hour Division
Available at: https://www.dol.gov/agencies/whd/posters
Download: https://www.dol.gov/agencies/whd/posters/flsa

2. Employee Rights Under the Family and Medical Leave Act (FMLA)

Required for employers with 50 or more employees.

Source: U.S. Department of Labor
Available at: https://www.dol.gov/agencies/whd/posters/fmla

3. Equal Employment Opportunity (EEO) is the Law

Required for employers with 15 or more employees (federal contractors with additional requirements).

Content:

Federal laws prohibiting job discrimination
Protected classes under federal law
Filing complaint procedures

Source: U.S. Equal Employment Opportunity Commission
Available at: https://www.eeoc.gov/poster

4. Employee Rights Under the National Labor Relations Act

Required for most private sector employers.

Source: National Labor Relations Board
Available at: https://www.nlrb.gov/resources/national-labor-relations-act

5. Job Safety and Health: It’s the Law (OSHA Poster)

Required for employers covered by OSHA.

Source: Occupational Safety and Health Administration
Available at: https://www.osha.gov/sites/default/files/publications/osha3165.pdf

6. Employee Polygraph Protection Act

Required for most private employers.

Source: U.S. Department of Labor
Available at: https://www.dol.gov/agencies/whd/posters/polygon

7. Employee Rights for Workers with Disabilities/Special Minimum Wage

Required if employer holds special minimum wage certificate under Section 14(c) of FLSA.

Source: U.S. Department of Labor
Available at: https://www.dol.gov/agencies/whd/posters

8. E-Verify Participation Poster

Required for employers enrolled in E-Verify program.

Source: U.S. Citizenship and Immigration Services
Available at: https://www.e-verify.gov/employers/required-poster

Poster Summary:

All Tennessee Employers (2+ employees):

Wage Regulations and Child Labor Poster (TN)
Right-to-Work Poster (TN)
Workers’ Compensation Notice (TN)
Payday Notice (TN – employer created)
FLSA Poster (Federal)
OSHA Poster (Federal)
Employee Polygraph Protection (Federal)

Additional based on size/situation:

FMLA Poster (50+ employees)
EEO Poster (15+ employees)
NLRA Poster (most private employers)
E-Verify Posters (if enrolled)

Free Resources:

According to the Tennessee Department of Labor and Workforce Development:

“The Tennessee Department of Labor and Workforce Development provides posters free of charge to Tennessee employers.”

5.2 New Hire Reporting

Tennessee employers must report newly hired and rehired employees to the Tennessee Department of Human Services.

Reporting Requirement:

According to Tennessee law:

“Tennessee Law §36-5-1101 to §36-5-1108 states employers must report their newly hired or rehired employees within 20 days of the date they are hired.”

Source: Tennessee Department of Labor and Workforce Development
Citation: Tenn. Code Ann. § 36-5-1101 to § 36-5-1108
Available at: https://lwdsupport.tn.gov/hc/en-us/articles/202843924-New-Hire-Reporting-What-you-can-do-to-help-prevent-fraud
Verified: January 15, 2026

Also stated by Tennessee Department of Labor and Workforce Development:

“Employers must report their newly hired or rehired employees within 20 days of the date they are hired.”

Source: Tennessee Department of Labor and Workforce Development, New Hire Reporting
Available at: https://www.tn.gov/workforce/employers/staffing-redirect/hiring-regulations/new-hire-reporting.html

Who Must Report:

All Tennessee employers
Applies to new hires and rehires
No employee minimum threshold

What to Report:

Employee name
Social Security number
Address
Date of hire
Employer name
Employer address
Federal Employer Identification Number (FEIN)

How to Report:

According to the Tennessee Department of Human Services, new hire reporting is available through multiple methods.

Tennessee New Hire Reporting Portal:
Website: https://newhire-reporting.com/TN-Newhire/default.aspx

Source: Tennessee Department of Human Services
Available at: https://www.tn.gov/humanservices/for-families/child-support-services/child-support-employer-services.html

Methods:

Online reporting
Fax
Mail

Source: Tennessee Department of Human Services
Available at: https://www.tn.gov/humanservices/for-families/child-support-services/child-support-employer-services.html

Purpose:

According to the Tennessee Department of Labor and Workforce Development:

“Prompt and thorough reporting of new hires will result in reducing fraudulent unemployment and workers’ compensation payments.”

Source: Tennessee Department of Labor and Workforce Development, eServices
Available at: https://www.tn.gov/workforce/eservices.html

5.3 Form I-9 Employment Eligibility Verification

All U.S. employers must complete Form I-9 for every employee hired after November 6, 1986.

Federal Requirement:

According to U.S. Citizenship and Immigration Services:

“Use Form I-9, Employment Eligibility Verification, to verify the identity and employment authorization of individuals hired for employment in the United States. All U.S. employers must properly complete Form I-9 for every individual they hire for employment in the United States. This includes citizens and aliens. Both employees and employers (or authorized representatives of the employer) must complete the form.”

Source: U.S. Citizenship and Immigration Services
Form: Form I-9, Employment Eligibility Verification
Available at: https://www.uscis.gov/i-9
Last updated: January 20, 2025

Current Form Version:

Form I-9 Edition Date: 01/20/25
Expiration Date: 05/31/2027

Source: USCIS Form I-9
Available at: https://www.uscis.gov/sites/default/files/document/forms/i-9.pdf

Previous acceptable versions:

Form I-9 with edition date 08/01/23 (valid until 05/31/2027)
Form I-9 with edition date 08/01/23 (valid until 07/31/2026)

Employer Requirements:

Timing:

Employee completes Section 1 no later than first day of employment
Employer completes Section 2 within 3 business days of employee’s first day
Retain completed form for required period

Retention Period:

According to USCIS:

“Retain and store Form I-9 for three years after the date of hire, or for one year after employment is terminated, whichever is later; and make their forms available for inspection if requested by authorized U.S. government officials from the Department of Homeland Security, Department of Labor, or Department of Justice.”

Source: U.S. Citizenship and Immigration Services
Available at: https://www.uscis.gov/i-9
Verified: January 15, 2026

Acceptable Documents:

Employees must present:

One document from List A (identity AND employment authorization), OR
One document from List B (identity) AND one document from List C (employment authorization)

List A Documents (Identity and Employment Authorization):

U.S. Passport or U.S. Passport Card
Permanent Resident Card (Green Card)
Employment Authorization Document with photo
Foreign passport with I-551 stamp or notation
Foreign passport with approved I-94 form

List B Documents (Identity Only):

Driver’s license or ID card issued by state
ID card issued by federal, state, or local government
School ID with photograph
Voter registration card
U.S. Military card or draft record
Military dependent’s ID card
U.S. Coast Guard Merchant Mariner Card
Native American tribal document
Driver’s license issued by Canadian government authority

List C Documents (Employment Authorization Only):

Social Security Account Number card (unrestricted)
Birth certificate issued by state, county, or municipality
Native American tribal document
U.S. Citizen ID Card
ID Card for Resident Citizen in the U.S.
Employment authorization document issued by DHS

Source: U.S. Citizenship and Immigration Services
Form I-9 Lists of Acceptable Documents
Available at: https://www.uscis.gov/i-9-central/form-i-9-acceptable-documents
Available at: https://www.uscis.gov/sites/default/files/document/forms/i-9.pdf

Anti-Discrimination Requirements:

According to USCIS:

“All employees can choose which acceptable documentation to present for Form I-9. Employers cannot ask employees for documentation to verify information in Section 1, or specify which acceptable documentation employees must present for Section 2 or Supplement B, Reverification and Rehire. Treating employees differently based on their citizenship, immigration status, or national origin may be illegal.”

Source: U.S. Citizenship and Immigration Services, Form I-9
Available at: https://www.uscis.gov/sites/default/files/document/forms/i-9.pdf
Page: Section 1 instructions

Penalties for Violations:

Violations of Form I-9 requirements can result in civil fines and criminal penalties.

Source: U.S. Citizenship and Immigration Services
Available at: https://www.uscis.gov/i-9-central

5.4 E-Verify in Tennessee

Tennessee Lawful Employment Act:

Tennessee requires certain employers to use E-Verify or maintain specific employment authorization documents.

According to the Tennessee Department of Labor and Workforce Development:

“All private employers with six or more employees must register and utilize E-Verify or request and maintain one of the listed identity/employment authorization documents from a newly hired employee or non-employee.”

Source: Tennessee Department of Labor and Workforce Development, Labor Laws
Available at: https://www.tn.gov/workforce/employees/labor-laws.html
Verified: January 15, 2026

E-Verify Program:

According to U.S. Citizenship and Immigration Services:

“E-Verify is a web-based system that allows employers and other participants to confirm the eligibility of their newly hired employees to work in the U.S. by electronically matching information on the employee’s Form I-9 against records available to the Social Security Administration (SSA) and DHS. E-Verify is free and is available to participants in all 50 states, the District of Columbia, Puerto Rico, Guam, the U.S. Virgin Islands, and the Commonwealth of the Northern Mariana Islands. Employers who participate in E-Verify must still complete a Form I-9 for each newly hired employee in the United States.”

Source: U.S. Citizenship and Immigration Services
Available at: https://www.uscis.gov/i-9-central/form-i-9-resources/handbook-for-employers-m-274/10-why-employers-must-verify-employment-authorization-and-identity-of-new-employees/12-e-verify-the-web-based-verification-companion-to-form-i-9
Verified: January 15, 2026

E-Verify Enrollment:
Website: https://www.e-verify.gov/

Tennessee Legislative Changes:

According to the Tennessee Department of Labor and Workforce Development:

“New Changes in Effect Beginning January 1, 2023: Amendments to the Tennessee Lawful Employment Act are effective January 1, 2023.”

Source: Tennessee Department of Labor and Workforce Development, Labor Standards Unit
Available at: https://www.tn.gov/workforce/employers/safety—health/regulations-compliance/regulations—compliance-redirect/labor-standards-unit.html

5.5 Recordkeeping Requirements

Employers must maintain various employment records as required by federal and state law.

5.5.1 Wage and Hour Records

Federal Requirements (FLSA):

Employers must maintain records showing:

Employee’s full name and Social Security number
Address including ZIP code
Birth date if under 19 years old
Sex and occupation
Time and day of week when employee’s workweek begins
Hours worked each day and total hours worked each workweek
Basis on which employee’s wages are paid
Regular hourly pay rate
Total daily or weekly straight-time earnings
Total overtime earnings for the workweek
All additions to or deductions from wages
Total wages paid each pay period
Date of payment and pay period covered

Retention: 3 years

Source: Fair Labor Standards Act
Citation: 29 C.F.R. § 516
Official text: https://www.ecfr.gov/current/title-29/subtitle-B/chapter-V/subchapter-A/part-516
DOL guidance: https://www.dol.gov/agencies/whd/fact-sheets/21-flsa-recordkeeping

5.5.2 Form I-9 Records

Retention: 3 years after date of hire OR 1 year after employment termination, whichever is later

Source: U.S. Citizenship and Immigration Services
Citation: 8 C.F.R. § 274a.2(b)(2)
Available at: https://www.uscis.gov/i-9

5.5.3 EEO-1 Reporting (If Applicable)

Private employers with 100 or more employees and federal contractors with 50 or more employees must file annual EEO-1 reports.

Source: U.S. Equal Employment Opportunity Commission
Available at: https://www.eeoc.gov/employers/eeo-1-data-collection

5.5.4 Tennessee-Specific Records

Child Labor Records:

According to the Tennessee Child Labor Act, employers must:

“Maintain a separate file record for each minor employed which shall be kept at the minor’s place of employment.”

Required records for minors:

Age certificate or other age verification
Work permit if required
School enrollment verification (if applicable)
Work schedule
Any exemption documentation

Source: Tennessee Wage Regulations Act Poster
Citation: T.C.A. § 50-5-111
Available at: https://www.tn.gov/content/dam/tn/workforce/documents/majorpublications/requiredposters/Wage_Poster.pdf

5.5.5 Personnel Files

Tennessee does not have a law requiring employers to provide employees access to their personnel files.

Source: Research of Tennessee statutes
Verified: January 15, 2026
Contrast: Some states like California, Michigan, and Wisconsin require personnel file access

Personnel File Organization: Common contents of personnel files include:

Job application and resume
Offer letter and employment agreement
Form I-9 (separate from personnel file)
W-4 and state tax withholding forms
Performance evaluations
Disciplinary documentation
Promotion and transfer records
Compensation changes
Training records
Termination documentation

Medical Information: Must be kept confidential and separate from regular personnel files under ADA requirements.

Source: Americans with Disabilities Act
Citation: 42 U.S.C. § 12112(d)(3)(B)
EEOC guidance: https://www.eeoc.gov/laws/guidance/enforcement-guidance-disability-related-inquiries-and-medical-examinations-employees

Filing Complaints

6.1 When to File a Complaint

File a complaint when you believe you have experienced:

Wage theft or unpaid wages
Minimum wage or overtime violations
Discrimination based on protected characteristic
Sexual harassment or hostile work environment
Retaliation for protected activity
Failure to provide reasonable accommodation
Violation of meal break requirements
Improper final paycheck timing or withholding
Workplace safety violations

Act Quickly: Strict deadlines apply to discrimination complaints and other employment claims.

6.2 Tennessee Department of Labor and Workforce Development (Wage Claims)

For Issues Involving:

Unpaid wages
Final paycheck disputes
Meal break violations
Sex-based wage discrimination
Child labor violations
Payday notice violations

Labor Standards Unit Contact Information:

Tennessee Department of Labor and Workforce Development
Labor Standards Unit
220 French Landing Drive
Nashville, TN 37243

Phone: 844-224-5818 (toll-free)
Local: 615-741-2858
Website: https://www.tn.gov/workforce/employers/safety—health/regulations-compliance/regulations—compliance-redirect/labor-standards-unit.html

How to File Wage Claim:

Contact the Labor Standards Unit by phone or visit the website for instructions on filing a wage claim.

Source: Tennessee Department of Labor and Workforce Development
Available at: https://www.tn.gov/workforce/employees/labor-laws.html
Verified: January 15, 2026

What to Prepare:

Your name and contact information
Employer’s name and contact information
Dates of employment
Description of wage violation
Amount of unpaid wages
Pay stubs, time records, or other documentation
Any written agreements or policies

Timeline:

The Labor Standards Unit will investigate claims of unpaid wages. Investigations typically involve:

Contacting employer for response
Reviewing documentation
Making determination
Attempting resolution

If resolution is not reached, employees may need to pursue civil action in court.

6.3 Civil Rights Enforcement Division (Discrimination Claims)

Important 2025 Change: The Tennessee Human Rights Commission was dissolved effective July 1, 2025. Discrimination complaints are now handled by the Civil Rights Enforcement Division (CRED) within the Tennessee Attorney General’s Office.

For Issues Involving:

Race discrimination
Sex discrimination (including pregnancy)
Age discrimination (40+)
Disability discrimination
Religious discrimination
National origin discrimination
Color discrimination
Retaliation

Civil Rights Enforcement Division Contact Information:

Civil Rights Enforcement Division (CRED)
Tennessee Attorney General’s Office
P.O. Box 20207
Nashville, TN 37202-0207

Website: https://www.tn.gov/attorneygeneral/cred.html
Filing Portal: Available on CRED website

According to the Tennessee Attorney General’s Office:

Source: Tennessee Attorney General’s Office, CRED
Press Release: July 1, 2025
Available at: https://www.tn.gov/attorneygeneral/cred.html
Available at: https://www.tn.gov/attorneygeneral/news/2025/7/1/pr25-38.html
Verified: January 15, 2026

Filing Deadline:

Based on former Tennessee Human Rights Commission procedures:

“Complaints must be filed with the Commission within 180 days of the discriminatory act.”

Source: Tennessee Human Rights Commission, About Us
Available at: https://www.tn.gov/humanrights/about-us.html
Note: This deadline likely continues under CRED; verify current requirements

Employer Coverage:

Tennessee employment discrimination laws apply to employers with eight or more employees.

Source: Tennessee Human Rights Commission Report
Available at: https://www.tn.gov/content/dam/tn/humanrights/documents/FINAL_The_Status_of_Human_Rights_in_Tennessee_11.21.14.pdf

What Happens After Filing:

According to former THRC procedures (likely similar under CRED):

Complaint is reviewed for jurisdiction
Copy provided to employer (respondent)
Investigation conducted
Mediation may be offered
Determination issued
If discrimination found, conciliation attempted
If no resolution, case may proceed to litigation

Alternative to State Complaint:

You may file a lawsuit in Tennessee Circuit or Chancery Court without filing with CRED.

According to former THRC information:

“You are not required to file a complaint with the THRC, nor do you need the THRC’s permission before you can file suit in Chancery or Circuit court.”

Source: Tennessee Human Rights Commission Complaint Form
Available at: https://www.tn.gov/hr/title-vi/title-vi-complaint-form.html

Important: If CRED issues final determination, filing subsequent lawsuit on same allegations may result in dismissal. However, you may file private action within 30 days of receipt of final determination.

6.4 Equal Employment Opportunity Commission (Federal Claims)

For Federal Discrimination Claims:

The EEOC enforces federal employment discrimination laws including:

Title VII (race, color, religion, sex, national origin)
Age Discrimination in Employment Act (age 40+)
Americans with Disabilities Act (disability)
Equal Pay Act (sex-based wage discrimination)
Genetic Information Nondiscrimination Act (genetic information)
Pregnancy Discrimination Act

Filing Process:

According to the U.S. Equal Employment Opportunity Commission:

“A Charge of Discrimination can be completed through our online system after you submit an online inquiry and we interview you. EEOC’s Public Portal asks you a few questions to help determine whether EEOC is the right federal agency to handle your complaint involving employment discrimination.”

Source: U.S. Equal Employment Opportunity Commission
Available at: https://www.eeoc.gov/how-file-charge-employment-discrimination
Verified: January 15, 2026

Filing Deadlines:

According to the EEOC:

“There are strict time limits for filing a charge. Where the discrimination took place can determine how long you have to file a charge. The 180-calendar-day filing deadline is extended to 300-calendar days if a state or local agency enforces a state or local law that prohibits employment discrimination on the same basis.”

For Tennessee: 300-day deadline applies because Tennessee has state anti-discrimination law and enforcement agency (CRED).

Source: U.S. Equal Employment Opportunity Commission
Available at: https://www.eeoc.gov/how-file-charge-employment-discrimination

How to File:

Online: EEOC Public Portal at https://publicportal.eeoc.gov/

Phone: 1-800-669-4000
TTY: 1-800-669-6820 (Deaf/Hard of Hearing)
Videophone: 1-844-234-5122 (ASL)

In Person: Visit nearest EEOC office

Source: U.S. Equal Employment Opportunity Commission
Available at: https://www.eeoc.gov/contact-eeoc

Tennessee EEOC Offices:

Nashville Area Office
50 Vantage Way, Suite 202
Nashville, TN 37228

Hours: Monday-Friday, 8:00 AM – 4:30 PM (Central Time)
Phone: 1-800-669-4000
Website: https://www.eeoc.gov/field-office/nashville

Memphis District Office
1407 Union Avenue, Suite 621
Memphis, TN 38104

Hours: Monday-Friday, 8:00 AM – 4:30 PM (Central Time)
Phone: 1-800-669-4000
Local: 901-262-0299
Website: https://www.eeoc.gov/field-office/memphis

Source: U.S. Equal Employment Opportunity Commission
Verified: January 15, 2026

Dual Filing:

According to the EEOC:

“Many states and localities have agencies that enforce laws prohibiting employment discrimination. EEOC refers to these agencies as Fair Employment Practices Agencies (FEPAs). EEOC and some FEPAs have worksharing agreements in place to prevent the duplication of effort in charge processing. According to these agreements, if you file a charge with either EEOC or a FEPA, the charge also will be automatically filed with the other agency.”

For Tennessee: Filing with CRED automatically dual-files with EEOC, and vice versa.

Source: U.S. Equal Employment Opportunity Commission
Available at: https://www.eeoc.gov/how-file-charge-employment-discrimination

6.5 Occupational Safety and Health Administration (Workplace Safety)

For Issues Involving:

Unsafe working conditions
Workplace hazards
Lack of required safety equipment
Retaliation for reporting safety concerns

Tennessee Occupational Safety and Health Administration (TOSHA):

Phone: 844-224-5818
Website: https://www.tn.gov/workforce/employers/safety—health.html

Federal OSHA:

Phone: 1-800-321-6742
Website: https://www.osha.gov/

How to File OSHA Complaint:

Online: https://www.osha.gov/workers/file-complaint
Phone: 1-800-321-6742
In Person: Visit nearest OSHA office

Source: Occupational Safety and Health Administration
Verified: January 2026

6.6 U.S. Department of Labor, Wage and Hour Division (Federal Wage/Hour Claims)

For Issues Involving:

Federal minimum wage violations
FLSA overtime violations
Family and Medical Leave Act violations
Child labor violations (federal)

Contact Information:

Phone: 1-866-4-US-WAGE (1-866-487-9243)
TTY: 1-877-889-5627
Website: https://www.dol.gov/agencies/whd

How to File:

Online Complaint: https://www.dol.gov/agencies/whd/contact/complaints
Phone: 1-866-4-US-WAGE
In Person: Visit nearest WHD office

Nashville Wage and Hour Office:

Address:
U.S. Department of Labor
Wage and Hour Division
(Contact central number for current location)

Phone: 1-866-487-9243

Source: U.S. Department of Labor
Available at: https://www.dol.gov/agencies/whd
Verified: January 2026

6.7 Private Lawsuit

Employees may file private lawsuits in Tennessee state courts for:

Breach of employment contract
Wrongful termination (exceptions to at-will employment)
Tort claims (assault, defamation, etc.)
Discrimination (Chancery or Circuit Court)
Wage claims (if agency resolution unsuccessful)

Statute of Limitations:

Various statutes of limitations apply depending on claim type. Common periods:

Breach of contract: 6 years (written contract) or 3 years (oral contract)
Tort claims: 1-3 years depending on type
Discrimination claims: Must exhaust administrative remedies first in most cases

Consult Attorney: Private lawsuits involve complex procedures and strict deadlines. Consult employment attorney licensed in Tennessee.

6.8 Filing Complaint Procedures

Before Filing:

Document everything: emails, texts, policies, pay stubs, time records
Note dates, times, witnesses for incidents
Save performance reviews and disciplinary notices
Review employee handbook and policies
Gather contact information for witnesses
Make copies of all documents

When Filing:

File as soon as possible – don’t wait until deadline approaches
Be truthful and complete in complaint
Provide specific dates and details
Name all responsible parties
Attach supporting documentation
Keep copies of everything filed

After Filing:

Respond promptly to agency requests
Preserve all evidence
Do not delete emails or text messages
Continue documenting any ongoing issues
Do not retaliate or engage in misconduct
Follow agency instructions
Complex cases may benefit from legal representation

Retaliation is Illegal:

Employers cannot retaliate against employees for:

Filing discrimination or wage complaint
Participating in investigation
Reporting safety violations
Requesting accommodation
Taking FMLA leave
Engaging in protected concerted activity

If you experience retaliation, file additional complaint immediately.

6.9 Quick Reference: Where to File

Issue: Unpaid wages, final paycheck, meal breaks
Agency: Tennessee Department of Labor and Workforce Development (Labor Standards Unit)
Phone: 844-224-5818
Website: https://www.tn.gov/workforce

Issue: Discrimination (state law)
Agency: Civil Rights Enforcement Division (CRED)
Website: https://www.tn.gov/attorneygeneral/cred.html

Issue: Discrimination (federal law)
Agency: Equal Employment Opportunity Commission (EEOC)
Phone: 1-800-669-4000
Website: https://www.eeoc.gov

Issue: Overtime, FLSA violations, FMLA violations
Agency: U.S. Department of Labor, Wage and Hour Division
Phone: 1-866-487-9243
Website: https://www.dol.gov/agencies/whd

Issue: Workplace safety
Agency: TOSHA or Federal OSHA
Phone: 844-224-5818 (TOSHA) or 1-800-321-6742 (Federal OSHA)
Website: https://www.tn.gov/workforce (TOSHA) or https://www.osha.gov

Issue: Workers’ Compensation
Agency: Tennessee Bureau of Workers’ Compensation
Website: https://www.tn.gov/workforce/injuries-at-work.html

Issue: Unemployment Benefits
Agency: Tennessee Department of Labor and Workforce Development
Website: https://www.tn.gov/workforce/unemployment.html

Remote Work in Tennessee

7.1 Overview of Remote Work Protections

Tennessee does not have comprehensive state laws specifically governing remote work arrangements. Remote work is generally governed by:

Employment contracts and agreements
Employer policies
Federal laws that apply regardless of work location
Tennessee employment laws that apply to all employees

7.2 Key Remote Work Considerations

Wage and Hour Compliance:

Remote employees are entitled to same protections as on-site employees:

Federal minimum wage ($7.25/hour in Tennessee)
Overtime pay for non-exempt employees
Meal break requirement (30 minutes after 6 consecutive hours)
Proper tracking of all hours worked
Timely wage payment

Discrimination and Harassment:

Federal and state anti-discrimination laws apply to remote employees:

Cannot discriminate in remote work opportunities
Sexual harassment can occur via virtual communications
Must provide reasonable accommodations for remote employees with disabilities
Retaliation prohibited

Workers’ Compensation:

Tennessee workers’ compensation laws generally cover injuries arising out of and in the course of employment, including remote work injuries in some circumstances.

Workplace Safety:

OSHA requirements may apply to home workspaces in limited circumstances.

Employee Classification:

Remote workers must be properly classified as employees or independent contractors. Misclassification can result in liability for unpaid wages, taxes, and benefits.

7.3 Reasonable Accommodation and Remote Work

Remote work may be a reasonable accommodation under the ADA for qualified individuals with disabilities.

According to EEOC guidance, factors for evaluating remote work as potential accommodation include:

Analyze whether essential functions can be performed remotely
Consider if remote work was successfully implemented during COVID-19
Evaluate any business necessity for in-person work
Engage in interactive process with employee

Source: U.S. Equal Employment Opportunity Commission
Available at: https://www.eeoc.gov/wysk/what-you-should-know-about-covid-19-and-ada-rehabilitation-act-and-other-eeo-laws

Employer is not required to provide remote work as accommodation if:

It would fundamentally alter nature of job
It would cause undue hardship
In-person presence is essential job function that cannot be eliminated or reassigned

7.4 Return-to-Office Mandates

Employers generally have right to require employees to return to office, but must consider:

Contractual obligations (if remote work was promised)
ADA accommodation obligations
Consistency in policy application
Potential discrimination claims

No Tennessee-specific right to work remotely exists outside of reasonable accommodation requirements.

7.5 Interstate Remote Work Issues

Tennessee employers with remote employees in other states must comply with employment laws of states where employees work, including:

Minimum wage and overtime laws of employee’s location
Paid leave laws of employee’s location
Workers’ compensation requirements
Tax withholding for employee’s state
Registration requirements in employee’s state

Interstate Compliance Note: Tennessee employers with remote employees in other states are subject to employment laws of states where employees work. This includes minimum wage, overtime, paid leave, workers’ compensation, tax withholding, and registration requirements of the employee’s work location state.

Tennessee Remote Work Laws

2026 Updates and Recent Changes

8.1 Major Changes Effective in 2026

Civil Rights Enforcement Division Created (Effective July 1, 2025):

The Tennessee General Assembly dissolved the Tennessee Human Rights Commission and created the Civil Rights Enforcement Division within the Tennessee Attorney General’s Office effective July 1, 2025.

Source: Tennessee Attorney General’s Office
Press Release: July 1, 2025
Available at: https://www.tn.gov/attorneygeneral/news/2025/7/1/pr25-38.html

Impact: Individuals experiencing discrimination can file complaints with CRED rather than the former THRC.

8.2 Proposed Legislation Not Enacted

Minimum Wage Increase Bill:

Tennessee General Assembly Bill SB2670/HB2793 proposing minimum wage increases up to $15.00 by January 1, 2026 was introduced but not enacted.

Source: Tennessee General Assembly
Available at: https://wapp.capitol.tn.gov/apps/Billinfo/default.aspx?BillNumber=SB2670&ga=112
Status: Introduced but not passed

Impact: Tennessee continues to follow federal minimum wage of $7.25/hour with no separate state minimum wage.

8.3 Federal Developments Affecting Tennessee

Pregnant Workers Fairness Act (Effective June 27, 2023):

Although enacted in 2023, PWFA’s full implementation continues in 2026. Requires reasonable accommodations for pregnancy-related limitations.

Source: Pregnant Workers Fairness Act
Citation: 42 U.S.C. § 2000gg
EEOC Guidance: https://www.eeoc.gov/wysk/what-you-should-know-about-pregnant-workers-fairness-act

Form I-9 Updates (Effective January 20, 2025):

New Form I-9 version with edition date 01/20/25 became available.

Source: U.S. Citizenship and Immigration Services
Available at: https://www.uscis.gov/i-9

8.4 Ongoing Developments to Monitor

Employment law developments can be tracked through:

Tennessee General Assembly legislative sessions
Federal regulatory changes from DOL, EEOC, OSHA
Court decisions interpreting employment laws
Local ordinances in Tennessee cities

Resources for Updates:

Tennessee General Assembly: https://wapp.capitol.tn.gov/
Tennessee Department of Labor and Workforce Development: https://www.tn.gov/workforce
U.S. Department of Labor: https://www.dol.gov
U.S. Equal Employment Opportunity Commission: https://www.eeoc.gov

Resources

10.1 Tennessee State Government Agencies

Tennessee Department of Labor and Workforce Development
Labor Standards Unit
220 French Landing Drive
Nashville, TN 37243
Phone: 844-224-5818
Website: https://www.tn.gov/workforce
Handles: Wage claims, meal break violations, child labor, employment posters

Civil Rights Enforcement Division (CRED)
Tennessee Attorney General’s Office
P.O. Box 20207
Nashville, TN 37202-0207
Website: https://www.tn.gov/attorneygeneral/cred.html
Handles: Employment discrimination complaints under state law

Tennessee Bureau of Workers’ Compensation
220 French Landing Drive
Nashville, TN 37243
Phone: 615-532-4812 or 800-332-2667
Website: https://www.tn.gov/workforce/injuries-at-work.html
Handles: Workers’ compensation claims and disputes

Tennessee Department of Human Services
Child Support Services – Employer Services
Website: https://www.tn.gov/humanservices/for-families/child-support-services/child-support-employer-services.html
Handles: New hire reporting

10.2 Federal Agencies

U.S. Equal Employment Opportunity Commission (EEOC)
Phone: 1-800-669-4000
TTY: 1-800-669-6820
Videophone (ASL): 1-844-234-5122
Website: https://www.eeoc.gov
Email: info@eeoc.gov
Public Portal: https://publicportal.eeoc.gov
Handles: Federal employment discrimination complaints

Nashville Area Office:
50 Vantage Way, Suite 202, Nashville, TN 37228
Website: https://www.eeoc.gov/field-office/nashville

Memphis District Office:
1407 Union Avenue, Suite 621, Memphis, TN 38104
Phone: 901-262-0299
Website: https://www.eeoc.gov/field-office/memphis

U.S. Department of Labor
Wage and Hour Division
Phone: 1-866-4-US-WAGE (1-866-487-9243)
TTY: 1-877-889-5627
Website: https://www.dol.gov/agencies/whd
Handles: FLSA violations, FMLA violations, federal wage and hour issues

Occupational Safety and Health Administration (OSHA)
Phone: 1-800-321-6742
Website: https://www.osha.gov
Online Complaint: https://www.osha.gov/workers/file-complaint
Handles: Workplace safety violations

U.S. Citizenship and Immigration Services (USCIS)
Phone: 1-800-375-5283
Website: https://www.uscis.gov
Form I-9 Information: https://www.uscis.gov/i-9
Handles: Form I-9 requirements, E-Verify

National Labor Relations Board (NLRB)
Phone: 1-844-762-NLRB (1-844-762-6572)
Website: https://www.nlrb.gov
Handles: Unfair labor practices, union elections, protected concerted activity

10.3 Key Tennessee Statutes

Tennessee Code Annotated – Labor and Workers’ Compensation
Title 50 – Employer and Employee
Available at: https://www.tn.gov/workforce/employees/labor-laws.html
Note: Free public access provided by LexisNexis

Key chapters:

Chapter 1: General Provisions
Chapter 2: Wage Regulations
Chapter 5: Employment of Minors
Chapter 7: Employment Security Law

Tennessee Human Rights Act / Tennessee Disability Act
(Now enforced by CRED)
Prohibits employment discrimination based on protected characteristics

10.4 Federal Statutes

Fair Labor Standards Act (FLSA)
29 U.S.C. § 201 et seq.
Official text: https://uscode.house.gov/view.xhtml?path=/prelim@title29/chapter8&edition=prelim
DOL guidance: https://www.dol.gov/agencies/whd/flsa

Title VII of the Civil Rights Act of 1964
42 U.S.C. § 2000e et seq.
Official text: https://uscode.house.gov/view.xhtml?path=/prelim@title42/chapter21/subchapter6&edition=prelim
EEOC guidance: https://www.eeoc.gov/statutes/title-vii-civil-rights-act-1964

Americans with Disabilities Act (ADA)
42 U.S.C. § 12101 et seq.
Official text: https://uscode.house.gov/view.xhtml?path=/prelim@title42/chapter126&edition=prelim
EEOC guidance: https://www.eeoc.gov/disability-discrimination

Age Discrimination in Employment Act (ADEA)
29 U.S.C. § 621 et seq.
Official text: https://uscode.house.gov/view.xhtml?path=/prelim@title29/chapter14&edition=prelim
EEOC guidance: https://www.eeoc.gov/age-discrimination

Family and Medical Leave Act (FMLA)
29 U.S.C. § 2601 et seq.
Official text: https://uscode.house.gov/view.xhtml?path=/prelim@title29/chapter28&edition=prelim
DOL guidance: https://www.dol.gov/agencies/whd/fmla

Pregnant Workers Fairness Act (PWFA)
42 U.S.C. § 2000gg et seq.
Official text: https://uscode.house.gov/view.xhtml?path=/prelim@title42/chapter21G&edition=prelim
EEOC guidance: https://www.eeoc.gov/wysk/what-you-should-know-about-pregnant-workers-fairness-act

10.5 Additional Federal Resources

Job Accommodation Network (JAN)
A service of the U.S. Department of Labor’s Office of Disability Employment Policy
Phone: 1-800-526-7234
Website: https://askjan.org
Note: Provides free technical assistance on workplace accommodations and disability employment issues

Tennessee General Assembly
Website: https://wapp.capitol.tn.gov/
Access to legislation tracking and Tennessee statutes

Tennessee State Library and Archives
Website: https://sos.tn.gov/tsla
Access to historical records and documents

10.6 Legal Representation

For legal advice or representation, individuals may contact:

Tennessee Bar Association Lawyer Referral Service
Website: https://www.tba.org
Note: Non-governmental professional association providing lawyer referral services

Legal Aid Organizations (non-profit organizations serving low-income individuals):

Legal Aid Society of Middle Tennessee and the Cumberlands
Phone: 615-244-6610 or 800-342-1070
Website: https://las.org

Memphis Area Legal Services
Phone: 901-523-8822
Website: https://www.malsi.org

Legal Aid of East Tennessee
Phone: 865-637-0484
Website: https://www.laet.org

Note: Legal aid organizations are non-governmental non-profit entities. Eligibility requirements and service areas vary.

10.7 When Legal Consultation is Indicated

Considering filing lawsuit
Offered severance agreement
Facing complex discrimination or retaliation
Negotiating employment contract
Uncertain about legal rights or remedies

Frequently Asked Questions - Tennessee Employment Law

1. What is employment law in Tennessee?

Employment law in Tennessee consists of state statutes, regulations, and federal laws governing the relationship between employers and employees. This includes wage and hour laws, anti-discrimination protections, workplace safety requirements, and other employment-related regulations.

2. What is the difference between employment law and labor law?

Employment law is the broader framework covering all employment relationships, including wages, discrimination, safety, and working conditions. Labor law is a subset focusing specifically on union-related activities, collective bargaining, and organizing rights. Employment law applies to all employees; labor law primarily applies in unionized workplaces.

3. Is Tennessee an at-will employment state?

Yes. Tennessee follows the employment-at-will doctrine, meaning employers can terminate employees at any time for any lawful reason, and employees can quit at any time. However, exceptions exist for discrimination, retaliation, public policy violations, and other statutory protections.

4. What is Tennessee’s minimum wage in 2026?

Tennessee does not have a state minimum wage law. Employers covered by the Fair Labor Standards Act must pay the federal minimum wage of $7.25 per hour.

5. Does Tennessee require employers to pay overtime?

Tennessee does not have state-specific overtime laws. Federal law (FLSA) requires covered employers to pay time-and-a-half for hours over 40 in a workweek for non-exempt employees.

6. What are Tennessee’s meal and rest break requirements?

Tennessee requires a 30-minute unpaid meal or rest period for employees scheduled to work 6 consecutive hours. Exception exists for workplace environments that by their nature provide ample opportunity to rest. Tennessee does not require additional rest breaks.

7. What are my employee rights in Tennessee?

Tennessee employees have rights to: minimum wage ($7.25/hour federal), overtime pay (if non-exempt), 30-minute meal break after 6 hours, timely wage payment, freedom from discrimination based on protected characteristics, reasonable accommodations for disabilities, safe workplace, and freedom from retaliation for exercising legal rights.

8. Can my employer fire me for any reason in Tennessee?

Generally yes, due to at-will employment. However, employers cannot fire you for discriminatory reasons (race, sex, age, disability, religion, etc.), retaliation for protected activities, jury duty, military service, or other legally protected reasons.

9. How do I file a discrimination complaint in Tennessee?

File with the Civil Rights Enforcement Division (CRED) at https://www.tn.gov/attorneygeneral/cred.html within 180 days of discrimination. You can also file with the federal EEOC at https://www.eeoc.gov or by calling 1-800-669-4000 within 300 days.

10. Can I request remote work as a reasonable accommodation?

Possibly. Under the ADA, remote work may be a reasonable accommodation if you have a disability and can perform essential job functions remotely. Request accommodation through your employer’s process and be prepared to engage in interactive dialogue.

11. What are employer obligations in Tennessee?

Tennessee employers must: pay at least federal minimum wage, provide 30-minute breaks after 6 hours, post required labor law posters, complete Form I-9 for all employees, report new hires within 20 days, maintain wage and hour records, not discriminate, provide reasonable accommodations, maintain safe workplace, comply with E-Verify requirements (6+ employees), and pay final wages timely.

12. What workplace posters are required in Tennessee?

Required posters include: Wage Regulations and Child Labor (TN), Right-to-Work (TN), Workers’ Compensation Notice (TN), Payday Notice (TN), FLSA (federal), OSHA (federal), Equal Employment Opportunity (federal for 15+ employees), FMLA (federal for 50+ employees), and others based on employer size and participation in programs.

13. How long must employers keep employment records?

Form I-9: 3 years from hire or 1 year after termination (whichever is later). Wage and hour records: 3 years. Other employment records: varies by type. Medical information must be kept separate and confidential.

14. Does Tennessee require paid sick leave?

No. Tennessee has no state law requiring paid sick leave. Federal law does not require private sector paid sick leave. Paid leave is determined by employer policy or contract.

15. Are there remote work protections in Tennessee?

Tennessee does not have specific remote work laws. Remote employees have same protections as on-site employees under wage, discrimination, safety, and other employment laws. Remote work may be reasonable accommodation under ADA in some cases.

16. When must my employer pay my final paycheck?

In Tennessee, final wages must be paid by the next regular payday following termination OR 21 days after termination, whichever is later. This applies to voluntary and involuntary separations.

17. Can my employer deduct money from my paycheck?

Generally only with your written authorization (except deductions required by law such as taxes). Employer must have your signed written agreement before making deductions for items you owe employer.

18. Do I have to join a union in Tennessee?

No. Tennessee is a right-to-work state. You cannot be required to join a union or pay union dues as condition of employment.

19. What should I do if my employer hasn’t paid me?

Contact Tennessee Department of Labor and Workforce Development Labor Standards Unit at 844-224-5818 to file wage claim. Gather documentation of hours worked and wages owed before contacting agency.

20. Can I be fired for filing a complaint?

No. Retaliation for filing wage claims, discrimination complaints, safety complaints, or other protected activities is illegal under both state and federal law. If you experience retaliation, file additional complaint immediately.

Others

Legal Disclaimer: Nature of This Compilation This document is a compilation of publicly available information from official government sources. It is NOT: Legal advice An interpretation of laws or regulations A substitute for consultation with a licensed attorney A comprehensive treatment of all applicable laws Guaranteed to be complete or current

Tennessee Employment Law 2026

⚠️Informational only — not legal or tax advice.

Table of Contents

Introduction

Employment Law Framework in Tennessee

1.1 At-Will Employment Doctrine

1.2 Labor Law vs Employment Law: Understanding the Distinction

1.3 Tennessee Right-to-Work Law

Employee Rights in Tennessee

2.1 Wage and Hour Rights

2.1.1 Minimum Wage

2.1.2 Overtime Requirements

2.1.3 Meal and Rest Break Requirements

2.1.4 Wage Payment Timing Requirements

2.1.5 Final Paycheck Requirements

2.1.6 Wage Deductions

2.1.7 Paid Leave Laws

Paid Sick Leave

Other Paid Leave

Family and Medical Leave

2.1.8 Sex-Based Wage Discrimination

2.1.9 Employee Rights Summary

Discrimination Laws in Tennessee

3.1 Overview of Anti-Discrimination Protections

3.2 Protected Classes Under Tennessee Law

State Protected Classes

Federal Protected Classes

3.3 Types of Discrimination Prohibited

3.4 Sexual Harassment

3.5 Pregnancy Discrimination

Reasonable Accommodations

4.1 Disability Accommodations

4.2 The Interactive Process

4.3 Undue Hardship Exception

4.4 Religious Accommodations

4.5 Pregnancy Accommodations

4.6 How to Request an Accommodation

Employer Obligations in Tennessee

5.1 Required Workplace Postings

5.1.1 Required Tennessee State Posters

5.1.2 Required Federal Posters

5.2 New Hire Reporting

5.3 Form I-9 Employment Eligibility Verification

5.4 E-Verify in Tennessee

5.5 Recordkeeping Requirements

5.5.1 Wage and Hour Records

5.5.2 Form I-9 Records

5.5.3 EEO-1 Reporting (If Applicable)

5.5.4 Tennessee-Specific Records

5.5.5 Personnel Files

Filing Complaints

6.1 When to File a Complaint

6.2 Tennessee Department of Labor and Workforce Development (Wage Claims)

6.3 Civil Rights Enforcement Division (Discrimination Claims)

6.4 Equal Employment Opportunity Commission (Federal Claims)

6.5 Occupational Safety and Health Administration (Workplace Safety)

6.6 U.S. Department of Labor, Wage and Hour Division (Federal Wage/Hour Claims)

6.7 Private Lawsuit

6.8 Filing Complaint Procedures

6.9 Quick Reference: Where to File

Remote Work in Tennessee

7.1 Overview of Remote Work Protections

7.2 Key Remote Work Considerations

7.3 Reasonable Accommodation and Remote Work

7.4 Return-to-Office Mandates

7.5 Interstate Remote Work Issues

2026 Updates and Recent Changes

8.1 Major Changes Effective in 2026

8.2 Proposed Legislation Not Enacted

8.3 Federal Developments Affecting Tennessee

8.4 Ongoing Developments to Monitor

Resources

10.1 Tennessee State Government Agencies

10.2 Federal Agencies

10.3 Key Tennessee Statutes

10.4 Federal Statutes

10.5 Additional Federal Resources

10.6 Legal Representation

10.7 When Legal Consultation is Indicated

Frequently Asked Questions - Tennessee Employment Law