Tennessee Rest Periods laws & HR compliance analysis

Tennessee Rest Periods: What you need to know

Federal wage and hour law does not require that employees be provided either paid or unpaid rest or meal periods. Whether breaks are required is left up to the states. Tennessee law does require meal breaks for employees scheduled to work 6 consecutive hours.
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U.S. Department of Labor Wage and Hour Division regulations do specify when provided work breaks, including meal periods, rest periods, and sleeping time, must be counted as work time subject to federal minimum wage and overtime requirements (29 CFR 785.18 through 785.23).
Employees must be allowed a 30-minute unpaid rest break or meal period if scheduled to work 6 consecutive hours. The break may not be scheduled earlier than 1 hour after the employee began working. This requirement does not apply if the nature of the business creates a work environment that provides for ample opportunity to rest or to take appropriate breaks (TN Stat. Sec. 50-2-103).
Meal break waivers for food service employees. At the discretion of an employer, certain food service employees may waive their right to the 30-minute unpaid rest break or meal period. The employees eligible for the waiver are those principally employed in the service of food or beverages to customers, receive tips, and report the tips to the employer. To waive the meal break, an employee must submit a waiver request to the employer in writing on a form established by the employer. For the waiver to be effective, the employee must submit the request knowingly and voluntarily, and the employer and employee must both consent to the waiver.
An employer that intends to enter into these types of waiver agreements with employees must ...

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Tennessee Rest Periods Resources

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