Dealing With Unpaid Wages in Tennessee
My employer hasn't paid me — here's what Tennessee law says and what to do next.
Statute: Tenn. Code § 50-2-103
Deadline: 21 days
Penalty: Employer may be liable for the unpaid wages plus reasonable attorney fees and costs
What is dealing with unpaid wages?
The federal minimum wage is $7.25 per hour. Your employer must pay you at least this amount for every hour you work. Many states and cities have higher minimum wages — you're entitled to whichever is higher.
Tipped employees have a lower federal minimum ($2.13/hr), but your tips plus wages must equal at least $7.25/hr. If they don't, your employer must make up the difference.
What to Do If Your Employer Pays Below Minimum Wage
Step 1: Know your rate. Check your state and city minimum wage — it's often higher than the $7.25 federal rate.
Step 2: Calculate your actual hourly pay. Divide your total weekly pay by total hours worked. If it's below the minimum, you have a claim.
Step 3: Document everything. Save pay stubs, schedules, and any records of hours worked.
Step 4: File a complaint. Contact the DOL Wage and Hour Division or your state's labor department. Many employment attorneys handle wage cases on contingency.
How Tennessee differs from federal law
Tennessee does not have a state minimum wage law — the federal minimum wage applies:
- Minimum wage: $7.25/hr (federal rate — TN has no state minimum wage law)
- Tipped employees: $2.13/hr cash wage (must reach $7.25/hr with tips) under federal law
- Youth wage: $4.25/hr for employees under 20 during first 90 days under federal law
- Tennessee does not have scheduled minimum wage increases
- Tennessee law preempts local governments from setting their own minimum wages (TCA § 50-2-112)
- Only employers covered by the FLSA (annual gross sales of $500,000+ or engaged in interstate commerce) must pay the federal minimum wage
Additional steps in Tennessee
File minimum wage complaints with the federal DOL Wage and Hour Division, Nashville District Office at (615) 781-5344 or online at dol.gov/agencies/whd. Workers can bring a private lawsuit under the FLSA.
What you should NOT do
Don't accept illegal deductions. Your employer cannot deduct for cash register shortages, breakage, or uniforms if it would bring your pay below minimum wage.
Don't ignore tip credit violations. If you're a tipped employee and your tips + base pay don't reach $7.25/hr, your employer must pay the difference.
Don't sign away your rights. Any agreement to work for less than minimum wage is unenforceable under federal law.
Don't wait — the clock is ticking.
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Generate your unpaid wages →This page is general legal information for Tennessee, not legal advice for your specific situation. Laws change, and how a statute applies depends on facts we don't know. For advice on your matter, consult a licensed attorney in Tennessee.