Tennessee has no state overtime law and no daily overtime requirement. If you work in Tennessee, your overtime rights come entirely from the federal Fair Labor Standards Act (FLSA), which requires time-and-a-half only after you work more than 40 hours in a single workweek. Tennessee does not require extra pay for long daily shifts, weekend work, or holidays. A nurse who works three 13-hour shifts in three days (39 hours) is owed no overtime under either Tennessee or federal law, because the trigger is the weekly total, not the daily one. Working 10 or 12 hours in a day, by itself, never earns overtime in Tennessee.
This puts Tennessee in the large majority of states that simply mirror federal law. Only a handful of states (such as California, Alaska, Nevada, and Colorado) require daily overtime after 8 or 12 hours in a workday. Tennessee is not one of them. So the single most important thing to understand is this: in Tennessee, overtime is measured one workweek at a time.
The 40-hour weekly rule
Under the FLSA, a covered, non-exempt employee in Tennessee must be paid at least 1.5 times their regular rate of pay for every hour worked over 40 in a workweek. A "workweek" is a fixed, recurring period of 168 hours (seven consecutive 24-hour days). Your employer chooses when the workweek starts, but once set, it cannot be changed to dodge overtime.
Key points about how the weekly rule works in practice:
Hours are not averaged across weeks. If you work 30 hours one week and 50 the next, you are owed 10 hours of overtime for the second week. Your employer cannot average the two weeks to 40 and pay nothing.
Only actual hours worked count toward 40. Paid time off, holidays, sick days, and vacation generally do not count as "hours worked" for the overtime threshold, even though you are paid for them.
The "regular rate" is more than your base wage. It includes most non-discretionary bonuses, shift differentials, and commissions. Overtime is calculated on this fuller rate, not just your hourly base.
The overtime rate and the regular rate of pay
The overtime rate is one and one-half (1.5) times your regular rate. For a straight hourly employee, that is simple: a $20-per-hour worker earns $30 for each overtime hour. But the regular rate must capture all qualifying compensation. If you earn $20 an hour plus a $200 weekly production bonus and work 50 hours, the bonus is folded into the regular rate before the 1.5 multiplier is applied. Many Tennessee wage claims arise precisely because employers calculate overtime on the base wage only and ignore bonuses and commissions.
Minimum wage context in Tennessee
Tennessee has no state minimum wage law, so the federal minimum wage of $7.25 per hour applies (as of 2026). Overtime for a minimum-wage worker would therefore be at least $10.875 per hour. Because minimum wage figures and federal rules can change, confirm the current federal rate with the U.S. Department of Labor and check whether any new state legislation has been enacted before relying on a specific number.
Who is exempt from overtime in Tennessee
Because Tennessee follows the FLSA, the federal exemptions control. The most common are the "white-collar" exemptions for executive, administrative, and professional employees. To be exempt under these, an employee generally must:
Be paid on a salary basis (a fixed amount each pay period that does not vary with quality or quantity of work);
Earn at least the federal salary threshold set by the U.S. Department of Labor; and
Primarily perform exempt duties (managing, exercising independent judgment on significant matters, or performing advanced knowledge work).
Because the federal salary threshold has been the subject of repeated rulemaking and litigation, do not assume a particular dollar figure makes you exempt. Confirm the current threshold with the U.S. Department of Labor. Just as important: a job title alone never makes you exempt. Calling someone a "manager" or paying a salary does not remove overtime rights if the actual duties are non-exempt.
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Other FLSA exemptions that apply in Tennessee include outside sales employees, certain computer professionals, many agricultural workers, and some transportation workers covered by separate federal statutes. Independent contractors are not covered at all, but misclassification is common, and the label your employer uses does not control, your actual working relationship does.
Common overtime violations Tennessee workers face
Off-the-clock work: requiring pre-shift setup, post-shift cleanup, or working through unpaid meal breaks without counting that time.
Misclassification: labeling employees as exempt salaried staff or independent contractors to avoid overtime.
Comp time instead of pay: private employers in Tennessee generally cannot substitute future time off ("comp time") for cash overtime. That option is limited to government employers.
Ignoring bonuses in the regular rate: paying overtime on the base hourly wage while omitting non-discretionary bonuses and commissions.
Averaging hours across two workweeks to keep each week at or under 40.
How to recover unpaid overtime in Tennessee
Tennessee does not have a state wage-and-hour enforcement agency that adjudicates private overtime claims the way some states do. The Tennessee Department of Labor and Workforce Development administers state labor programs, but federal overtime is enforced through the U.S. Department of Labor's Wage and Hour Division or through a private lawsuit in court. Your practical options are:
File a complaint with the U.S. Department of Labor, Wage and Hour Division. The agency can investigate and recover back wages on your behalf, and complaints can be made confidentially.
File a private FLSA lawsuit. You can sue in federal court for unpaid overtime, and successful workers can recover the unpaid wages plus an equal amount in liquidated (double) damages, along with attorney's fees and costs.
Deadlines matter. The FLSA statute of limitations is generally two years to file a claim, extended to three years if the employer's violation was willful. Every week that passes can drop the oldest unpaid week off the back end of what you can recover, so do not wait.
Before you file, keep your own records: dates, start and stop times, breaks, and pay stubs. The law requires employers to keep accurate time records, but having your own contemporaneous notes strengthens your claim if the employer's records are incomplete or wrong.
Retaliation is illegal
It is unlawful for a Tennessee employer to fire, demote, cut hours, or otherwise punish you for asserting your overtime rights or filing a wage complaint. The FLSA's anti-retaliation provision protects workers who complain internally or to the government, and remedies can include reinstatement and damages.
Where to verify
For the current federal minimum wage, overtime rules, and the salary threshold for exempt employees, consult the U.S. Department of Labor, Wage and Hour Division. For state labor programs and to confirm Tennessee has not adopted new wage legislation, contact the Tennessee Department of Labor and Workforce Development. Because YMYL legal rules and dollar thresholds change, verify any specific figure with these official sources, or consult a Tennessee employment attorney, before acting on it.
Official Tennessee Sources
This page is based on Tennessee employment law. Rules and figures change — verify the current details directly with the official Tennessee sources below. This is general legal information, not legal advice.
Federal law and local ordinances may also apply. Federal laws like the Fair Labor Standards Act set a national floor, and your city or county may add protections (such as a higher local minimum wage or paid sick leave). Check both alongside Tennessee state law.
Frequently asked questions
Does Tennessee require daily overtime after 8 hours?
No. Tennessee has no state overtime law and no daily overtime requirement. You earn overtime only when you work more than 40 hours in a single workweek, under the federal FLSA. A 12-hour shift, by itself, does not trigger overtime in Tennessee.
What is the overtime rate in Tennessee?
One and one-half times your regular rate of pay for hours over 40 in a workweek. The regular rate includes most non-discretionary bonuses and commissions, not just your base hourly wage, so overtime must be calculated on that fuller amount.
Is there a Tennessee minimum wage?
No. Tennessee has not enacted a state minimum wage, so the federal minimum of $7.25 per hour applies as of 2026. Confirm the current federal rate with the U.S. Department of Labor before relying on a specific figure.
How long do I have to file an unpaid overtime claim in Tennessee?
Federal law generally gives you two years to file, or three years if the employer's violation was willful. Because the clock keeps running, older unpaid weeks fall off over time, so act quickly and keep your own records of hours worked.
Can my Tennessee employer give comp time instead of overtime pay?
Generally no, not in the private sector. Private employers must pay cash overtime; substituting future paid time off (comp time) is allowed only for government employers under specific federal rules.
This article is general legal information, not legal advice, and may not reflect the most current law or the law in your jurisdiction. Laws vary by state and change over time. For advice about your specific situation, consult a licensed attorney.
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