Tennessee State Lunch and Break Law Requirements

August 7th, 2006 Posted by Sarah

In researching state laws on the topic of lunches and breaks, I learned that Tennessee is one of a handful states that has a specific law mandating meal breaks for employees in the state. If a Tennessee employee has worked at least six consecutively in a given day, he or she must be given a 30 minute unpaid break.

For this break to qualify as unpaid, the worker must be completely relieved of his or her duties. If an employee must do any of his or her work duties during this break, it cannot qualify as an unpaid break. This statute applies to all workers of all ages. The Tennessee state law also mandates that this break not take place during or before the first hour of an employee’s shift.

The only exception written into the law is for workers who have ample opportunity during their work day to “rest or take appropriate breaks.” All other employers must give this break according to the law. Violation of this Tennessee law is considered a Class B misdemeanor. A fine of at least $100 but not more than $500 can be given to employers for each violation of the law. A civil penalty of between $500 and $1000 can also be imposed at the discretion of the Labor Commissioner if the violation is found to be willful.

Tennessee law does not provide for any other breaks during the workday other than this 30 minute unpaid meal period. However, if employers plan to give short breaks to workers during the day, Federal law states that these must be paid breaks if they are 20 minutes or less in length.

A helpful presentation of laws on this topic, as well as all other labor issues, can be found on the Tennessee Complete Labor Law Poster.

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56 Comments >> Posted in Employment Laws,Tennessee,Wage and Hour

  1. Posted by: Patrick B.

    If my employer does not give me a lunch break during both 8 hour and 11 hour work days, what can I do to make sure that they will allow lunch breaks in the future?

  2. Posted by: Amelia

    Hi Patrick! That’s a great question! For a complete answer, please post it on our sister site at http://www.laborlawtalk.com. And thanks for reading the blog! Amelia

  3. Posted by: patrick

    If I do not want to take a lunch is ther any way to get out of it. Such as signing a waiver of some sort. I would rather work an 8 hour shift and just leave.

  4. Posted by: Amelia

    Hi patrick! Apparently not. Tennessee law requires that employers give each employee who works a shift of 6 consecutive hours or more, a meal break of 30 minutes. The meal break can be unpaid.

    Some states permit employees to sign waivers stating that the employee does not want a break. Tennessee does not.

    There is one loophole in the law. Tennessee permits an employer to skip the meal break if the nature of the work permits an employee to take frequent shorter breaks. For example, if the employee works in a convenience store, they can take a break any time there are not customers. That would usually permit frequent breaks during the day.

    However, there is no law that the Tennessee employer MUST permit an employee to work without a break, if the employee wants to. Most employers do require that employees take unpaid meal breaks, and they can discipline or terminate any employee who does not. For more info, you can post your questions on our sister site at http://www.laborlawtalk.com. HTH, and thanks for reading the blogs!~ Amelia

  5. Posted by: Sandy

    I was required to go to work for a 15 minute team meeting two times.
    The first time was my day off, the second time I was schedlued to work that day but 4 hours after the meeting, Some one told me that Tennessee laws requier a employer to pay a employee for 3 hours of work time even if I was there for only 15 minutes is this correct?

  6. Posted by: Amelia

    Hi Sandy! Sorry, but Tennesee has no such law. A few states do, but Tennessee is not one of them. HTH, and thanks for reading the blogs!~ Amelia

  7. Posted by: Ruth

    A friend of mine just lost his job for smoking. He was in an area that was not posted as a no smoking area. he had worked for the company 13 years and always smoked in the same area. Is he entitled to his unemployment?
    The company he worked for never gave him a lunch break or a break for 8-10 hr. working days 6 days a week. Does this put them in violation of the Tennessee Labor Law?

  8. Posted by: Amelia

    Hi Ruth! We’ll take the easy question first. Yes, under Tennessee law, every employee working 6 or more consecutive hours is entitled to a 30-minute meal break. The break may be unpaid. Your friend should report this violation to the Tennessee Division of Labor Standards at 866-588-6814.
    Frankly, we find it unlikely that your friend was unaware that the employer did not permit smoking in the area. (And, unless the area was his work station, if he had no breaks, then he was obviously taking unauthorized time away from work.) In Tennessee, as in many states, smoking is prohibited by law in all enclosed public spaces. The employee should assume that every workplace area (even outdoors) is a non-smoking area, unless he has specifically been told he may smoke there.
    There is no federal or Tennessee law that protects the employee’s right to smoke at work. Many employers note in their employee handbook that smoking is not permitted on the premises, or tell employees this during orientation.
    But even if that is not the case, Tennessee is an employment-at-will state, meaning the employer can fire any worker at any time, without notice, for any reason or for no reason. So the employer could fire him for being away from his work station, taking an unauthorized break, or smoking in a no-smoking area — even if the area was not posted. The employer could also fire him for no reason at all, and it would be lawful.
    If your friend genuinely had never been told that smoking was prohibited in the area, then he may be able to collect unemployment. However, we think it is more likely that he had been told no smoking was permitted, but because he got away with it for 13 years, he thought he would get away with it forever. HTH, and thanks for reading the blogs!~ Amelia

  9. Posted by: Tammy

    If an employee is scheduled to work 7:00 a.m. to 3:00 p.m. in the state
    of Tennessee is he/she required to take a break by 1:00 p.m. or is it
    okay if the break is taken @ 2:00 p.m.?

  10. Posted by: Amelia

    Hi Tammy! This is an issue that is not addressed under Tennessee employment law. The Tennessee break law simply states that the employee is entitled to a 30 minute meal break. While several states specify the timing of the break, Tennessee law does not. So this is a matter of company policy, not state law.
    However, if the employee were taking a 60-minute meal break at 2 p.m., that would essentially be going home early. The employee would be working a 7 hour shift without a meal break, which is a violation of Tennessee law. If the employee took a 30-minute meal break at 2 p.m., that would be legal. It is really late for a meal break for someone who came in at 7 a.m., but it is legal. HTH, and thanks for reading the blogs!~ Amelia

  11. Posted by: Jodi

    What is the law regarding being able to leave the workplace? I have a friend who is not paid for a 30 minute lunchbreak but she has been told they can’t leave the premises.

    My understanding is that if it is a paid break, they can require you to stay on the premises, but if it is off the clock, then you can leave and for example, run to McDonalds for food.

    Tahnks!

  12. Posted by: Amelia

    Hi Jodi! Unfortunately, no, you are mistaken. A few states such as California do require that an employee who must remain on the premises for lunch be paid for the meal break. However, Tennessee has no such law. Tennessee does require that employees be given a half-hour lunch break, but in Tennessee and most other states, the employee can be required to remain on the premises during that break. As long as the employee is relieved of all work duties, he or she need not be paid for the meal break. HTH, and thanks for reading the blogs!~ Amelia

  13. Posted by: Wade D Hinkle

    I have a quick question, our employer takes out half hour breaks for each day worked. Which is fine, but a few days last week, two different days I worked 5.75 and 6.50 hours.(before lunch taken out) I understand taking out the half hour from the 6.5 even though I didn’t take a break. (They could argue that I should have) But with the 5.75 hours since I didn’t take a lunch break and it did not go over 6 hours, should they still take out the half hour??

  14. Posted by: Amelia

    Hi Wade! Sorry, but we disagree with you. The employer can require that every employee take a 30-minute unpaid break, and discipline or terminate any employee who does not. This is true, regardless of the length of the shift. However, the federal minimum wage law requires that employees be paid for all the time worked. This means that the employer cannot legally deduct for a 30-minute meal break, if the employee did not take one. You can report this violation to the U.S. Department of Labor at http://www.dol.gov. HTH, and thanks for reading the blogs!~ Amelia

  15. Posted by: priscilla

    If an employee is working 8 hrs and is made to take lunch two hours after the start time and is then made to work the next six hours with no break, is that legal?

  16. Posted by: Amelia

    Hi priscilla! The anwer is yes, this is legal. The Tennessee meal break law requires the employer to provide a 30-minute meal break on each shift of 6 hours or more. Many states have break laws that determine the timing of meal breaks. Tennessee does not, so giving the break at any time during the shift is acceptable.
    OSHA worker safety regulations require that employees be permitted to use the toilet when nature calls, but do not include other activities. HTH, and thanks for reading the blogs!~Amelia

  17. Posted by: Wade Hinkle

    Thank you for your time in answering these questions. I do have on other scenario that I need answered. I had a day where I was here at work from 5:30 am till after 9 pm. I took my one half hour break, but after that, I never had another break. I looked at the time sheet that was printed out, and I had 40 minutes taken off. When speaking with payroll about this, they stated that because I worked extra long that day, that he was able to take out an extra 10 minutes due to my long day. If I am reading the law right, they can only take out half hour blocks, not ten minutes when they want to.

  18. Posted by: Amelia

    Hi Wade! You are right. First of all, the employer must pay you for all the time you work under the federal minimum wage law. No employer can take out for a break that you did not actually take.
    If you took a 40 minute meal break on this shift, the employer is not under any obligation to pay you for it. However, if you only took a 30 minute break, then the employer can only deduct for a 30 minute break.
    Under the federal FLSA, an employee must be paid for any rest break that is shorter than 20 minutes. So if you took an additional 10 minute break, you must be paid for it. HTH, and thanks for reading the blogs!~ Amelia

  19. Posted by: stacy

    if u only work 7 hours and have a 30 minute break? are u entitled to 2 15 minute paid breaks?

  20. Posted by: Amelia

    Hi stacy! Under Tennessee law, an employee who works 6 consecutive hours or more must have a meal break of 30 minutes. The meal break can be unpaid if the employee is relieved of all duties. Unfortunately, Tennessee has no law that requires rest breaks for employees. An employer can give workers two 10- or 15-minute paid rest breaks, but there is no law that the employer must. Under the federal FLSA, if the employer chooses to give such breaks, they must be paid. HTH, and thanks fo rreading the blogs!~ Amelia

  21. Posted by: Kendra

    I am a cashier at a convenience store. Is my employer still reqired to give me a 30 min meal break or does this fall under the “ample opportunity to rest” catorgory and if it does, what breaks are then required. is 3-5 min breaks sufficient according to law?

  22. Posted by: Amelia

    Hi Kendra! It’s hard for us to comment on your specific situation, but generally speaking yes, a convenience store clerk could fall under the “ample opportunity to rest” exception to the meal break law. The employer would be required to pay the worker for the entire shift. The “ample opportunity to rest” could be time in the store, when there are no customers. The employee must be permitted to use the restroom when nature calls under worker safety regulations, however, the employer would not have to permit the employee to take any time out of the store, not even three 5-minute breaks.
    Many smokers would find it hard to work under these conditions, but there is no law that the employer must accommodate a smoker in Tennessee or elsewhere. HTH, and thanks for reading the blogs!~ Amelia

  23. Posted by: Tammy

    Scenario 1: When working a 6 hour period then clocking out for lunch (which my employer allows), then clocking back in an hour later (which my employer also allows), but the time clock will still deduct an additional 30 minutes for lunch. Even though my employer recognizes and approves that my clock out is my mandated lunch break, I am still required to work an additional 30 minutes so they don’t get in trouble with the state labor laws, even though it is their time clock that is wrong.
    Scenario 2: Same employer, We are required to attend monthly department meetings, biweekly section meetings, and the once a month meeting, there is no time for lunch, if we eat lunch we have to eat it during the meeting , if we wait and take lunch after both meetings which would be at 3pm, we are frowned upon.
    Please advise. Thank you.

  24. Posted by: Amelia

    Hi Tammy! In their effort to avoid breaking the law, the is employer is…breaking the law.

    Scenario 1: Under the federal minimum wage laws and the Tennessee Wage Regulation Act, an employee must be paid for all the time he or she works. If you work from 8 am to 5 pm with a one-hour meal break, you must be paid for 8 hours. The employer cannot require that you work an additional half hour unpaid, because the time clock automatically deducts a half hour for a meal break. The employer could require that you not work during that half hour when you are automatically off the clock. But they cannot require that you work an additional half hour without payment. You should file a wage complaint with the U.S. Department of Labor at http://www.dol.gov or the Tennessee Department of Labor at http://www.state.tn.us/labor-wfd/faq_laws.html#whoenforces

    It is a poor idea for employers to set the time clock to automatically deduct meal breaks. It saves payroll dollars, but often results in violations of the federal FLSA, the Fair Labor Standards Act and/or state laws. Employees must be paid for all time worked. The Tennessee meal break law does not require that employees be off the clock for half an hour, it requires that employees be not working for half an hour. Making the employee work while off the clock does not satisfy this requirement.

    Scenario 2: An employee who is at a mandatory meeting is working. Employees are entitled to payment for all time worked. An employee cannot be required to attend a meeting when he or she is not on the clock. The employer is violating the Tennessee meal break law and wage payment act each time there is a meeting, unless the employees are given a 30-minute meal break where they are free of all work duties. Attending a meeting, even passively listening, is a work duty. Employees must be paid for this time. You should report these violations of the Tennessee meal break law to the Tennessee Department of Labor at http://www.state.tn.us/labor-wfd/faq_laws.html#whoenforces.

    Before you report these violations, however, have a calm and tactful discussion with the HR department or the employer about them. Explain that you think the company is making a mistake in the way they pay employees and schedule meal breaks. If the employer does not agree, and agree to pay back wages for the meetings and missed breaks for 2 years, then you should contact the federal or Tennessee department of labor and file a wage complaint. Don’t threaten to do this, just do it. It is illegal for an employer to retaliate against an employee who files a wage complaint in good faith. HTH, and thanks for reading the blogs!~ Amelia

  25. Posted by: ericka

    My boss schedules us for 6 hrs and makes us take a break so that we only work 5 and one half hrs , which means we are not working 6 consecutive hrs and will not since we are only scheduled for 6 with a half hr break. The payroll gal says this is Tennessee law to keep people from working 6 consecutive hrs, but it is clearly stated that you must have worked 6 consecutive hrs, not before then. Sometimes i work during my breaks because i do not need a break for a short 6 hr shift and they need my help, so i feel that i should be able to tell them that i should get paid for the 6 hrs i work because the law says i can work for 6 hrs before a mandatory break. Does this mean that if scheduled for 6 hrs and if my employer does breaks by Tennessee law that i should not legally require a break, that we should be scheduled for 6.5 hrs and have a break ?

  26. Posted by: Amelia

    Hi ericka! No, this does not mean that you can dictate your schedule to your boss or refuse to take a meal break. The employer is scheduling breaks appropriately, in accordance with Tennessee law.

    The Tennessee meal break law says that an employee who is scheduled for a shift of 6 consecutive hours or more, must be given a meal break. If you are scheduled for a shift of 6 hours, and you do not take a meal break during that shift, the employer has broken the law.

    You seem to be interpreting this to mean that you may work 6 consecutive hours before taking a meal break, but that is not what the law says. If you work from 7 am to 1 pm (or any other 6 hours) without a break, the employer has broken the law. Naturally, most employers will not permit this. They require that you take a meal break on a shift of 6 hours or more. The employer can discipline or terminate any worker who refuses to do so.

    Even if Tennessee had no meal break law, the employer can require that you stop working, and clock out for a half-hour meal break. If you refuse to do so, you can be disciplined or terminated.

    You are right about one thing. If you work through your meal break, you must be paid for that time. Again, you can be fired for violating company policy, but you must be paid for the half hour on your final paycheck. HTH, and thanks for reading the blogs!~ Amelia

  27. Posted by: Mary

    Hi I just have a question, I work at an Urgent Care Center that is busy all day. I work a 12 hour shift (thats if we actually get out on time) we do not get a scheduled break or meal at all….We can only go eat our lunch when we are not slammed with patients and even then we have to eat and get right back to work there is no set time. There have been days that I may not get to eat at all or even just ” get away” for any amount of time is this legal? In a 12 hour sometimes 13 hour day what amount of time is mandatory for a meal break or any break?

  28. Posted by: Amelia

    Hi Mary! Under Tennessee state law, every employee is entitled to a 30-minute meal break when the employee is scheduled to work 6 consecutive hours or more. The meal break can be unpaid if the employee is relieved of all duties.

    However, many states make an exception for public safety, meaning a police officer cannot stop chasing a kidnapper simply because it is time for lunch. This exception may very well apply to an emergency room worker. After all, you would not want to be having a heart attack and told the doctor had to take his 30-minute lunch break before he could treat you.

    You can certainly contact the Tennessee Department of Labor and Workforce Development at http://www.tn.gov/labor-wfd/faq_laws.htmland file a complaint about not receiving your meal breaks. HTH, and thanks for reading the blogs!~ Amelia

  29. Posted by: Jarett

    We have a program where I work that allows us to volunteer for extra hours on another shift. If I work those extra hours, lets say 9am to 2pm, then go home to come back to my regular shift 10pm to 5am on the sameday. Is the time between considered a break?

  30. Posted by: Amelia

    Hi Jarett! No, the time you are off duty does not meet the requirement for a meal break under Tennessee law. However, as long as you had one meal break that day, on the longer shift, your employer is in compliance.

    Under Tennessee law, the employer is required to give a meal break to any employee scheduled to work 6 or more consecutive hours. If you work from 9 am to 2 pm, that’s 5 hours so the employer is not required to give you a meal break. If you return at 10 pm the same day and work until 5 am, that is 7 consecutive hours and you are entitled to a meal break of 30 minutes or more on that shift. The time between 2 pm and 10 pm does not count as your meal break.

    If you are not receiving your meal break, contact the Tennessee Department of Labor and Workforce Development at http://www.tn.gov/labor-wfd/laborlaws.html to file a complaint. HTH, and thanks for reading the blogs!~ Amelia

  31. Posted by: SD

    Does this law on lunch breaks apply to Goverment or public sector workers..

  32. Posted by: Amelia

    Hi SD! Unfortunately, no. This law applies to a private employer with 5 or more workers, but not to employees who work directly for the federal government, the state of Tennessee, or any county, city or municipality in the state. It does apply to non-profit agencies where the employer is not a city, state or the federal government. HTH, and thanks for reading the blogs!~ Amelia

    Read more about this at: http://www.llr.state.sc.us/labor/wages/

  33. Posted by: sd

    Thank You What about the 28 day cycle under the FLSA. Does the employer have to pay you for all hours worked? Should I be getting paid for 42.5 hours a week in stead of 40. I have to be there 8.5 hours a day with no lunch break.

  34. Posted by: Amelia

    Hi sd! If you are working 8.5 hours per day, 5 days per week, you should be paid for 42.5 hours per week. Normally an employee who must eat while on duty is entitled to payment for that time. If you are given a meal break where you are relieved of all duties, that can be unpaid — but your previous question leads us to believe that is not happening.

    There is really no 28-day cycle under FLSA. An employer can pay the employee every 28 days in some cases, but payroll and overtime are figured based on the payroll week, which is 7 consecutive days and does not vary. In some cases the FLSA does not apply to employees of state, city or county governments. HTH, and thanks for reading the blogs!~ Amelia

  35. Posted by: Jessica

    Hi. My boyfriend works between 8 and 8.5 hours a day. He gets two paid 15 min breaks and one 45 min unpaid lunch. He is required to stay on premises during all breaks. I have two questions. After almost a whole year of him working here, his manager told him he cannot sit in his car on his 15 min breaks. Can they force him to not sit in his car? And the other question is, during his unpaid 45 min lunch if a truck comes (he is a dock worker) he is made to clock back in and unload the truck. And sometimes two trucks come. And he resumes his lunch break after unloading the truck. Can they require him to interrupt his lunch?

  36. Posted by: Amelia

    Hi Jessica! Yes, within limits. The employer can require that your boyfriend stay on the premises for his paid and unpaid breaks, and even prohibit employees from sitting in their cars in the parking lot during breaks.

    Under the federal FLSA, when your boyfriend is called back to work before his break ends, he is entitled to payment for the entire meal break. If this happens regularly, say two or three times per week, he should always be paid for his meal break. He can report violations to the U.S. Department of Labor at http://www.dol.gov.

    Tennessee law requires that an employee have a 30-minute uninterrupted meal break. If your boyfriend is called back to work in less than 30 minutes, the employer must give him a meal break of 30-minutes or more at another time. He can report violations to the Tennessee Department of Labor at http://www.tn.gov/labor-wfd/. It is illegal for an employer to retaliate against an employee for filing a complaint to either agency. HTH, and thanks for reading the blogs!~ Amelia

  37. Posted by: Chris

    I am a truck driver. I work for a thrift store chain. Sometimes I pick up loads from the warehouse, but mostly I pick up donations from various homes around town, usually over 100 a day. Then I deliver them to the stores. I have to be at work at 6am and usually dont get off until after 6pm. There is no designated time for a lunch and most often, I do not get a lunch. The company takes out 45 minutes from my time everyday for lunch whether or not I get one. I can’t quite say that I have time to stop and eat or even go through a drive-thru, because management puts pressure on us for productivity and to cut out overtime. The trucks are GPS monitored and any activity not in route can, and has, led to disciplinary actions. My question is how can i dispute them taking time out for a lunch when I haven’t had one, and ensure that they allow time in the future for a lunch? And can I get retro pay if they are in any violations?

  38. Posted by: Amelia

    Hi Chris! There are actually two separate problems here.
    1. The employer is in violation of the Tennessee meal break law, which requires that you be given a meal break of 30 minutes or more. You should file a complaint about this with the Tennessee Department of Labor at http://www.tennesseeanytime.org/laws/employment.html.

    2. The employer is not paying you for all the time you work. Specifically, you are not being paid for 45 minutes each day, even though the employer knows very well (because of the GPS) that you are not taking this break. This is a violation of the federal minimum wage law, that requires an employer to pay workers for all hours worked. File a complaint with the U.S. Department of Labor at http://www.dol.gov. They will investigate and force the employer to pay back wages for 2-3 years.

    By law, when you file a complaint the agency has the right to inspect the employer’s payroll records. Unless they can prove that you are taking a meal break each day, they are in violation. It is not up to you to prove that you don’t get breaks — the employer must provide records that prove you do. It is illegal for an employer to retaliate against an employee who files complaints with a state or federal agency. HTH, and thanks for reading the blogs!~ Amelia

  39. Posted by: kimberly

    Can i be compensated for everytime I worked a 6hr 45 min shift without a 30 min meal break. I worked for a company and on Sat I worked 6hr 45min without a break for 2 1/2 years.

    We also were made to stay in the office while on lunch if there was only one manager in the office. This was so if anyone needed assistance, a customer needed a manager, or if an employee needed change.

    Thank you for your help.

  40. Posted by: Amelia

    Hi kimberly! You are entitled to payment for all the time you worked. If you worked 6.75 hours and we paid for less, you can file a wage claim with the Tennessee Department of Labor or the U.S. Department of Labor at http://www.dol.gov.

    Several states have laws that require the employee to be paid an extra hour of wages when he or she is not given a required meal break. Tennessee does not. However, you can report this violation of the Tennessee Break Law to the Tennessee Department of Labor at http://www.tn.gov/labor-wfd/wagereg.html.

    In Tennessee, as in most states, there is no requirement that an employee be permitted to leave the premises while on a meal break, only that the employee be allowed to eat a meal undisturbed. HTH, and thanks for reading the blogs!~ Amelia

  41. Posted by: Jessica H

    I have a question. I work for an employer who offers two 15 min paid breaks during a 6 hour shift or a 30 min unpaid meal break. Is that within the Tennessee meal law? The two paid breaks they employee clocks out and is not required to do any work related duties.

  42. Posted by: Amelia

    Hi Jessica! This is a gray area. Ideally, the employer would require that every employee take a 30-minute unpaid meal break during the shift. Tennessee law does permit an employer to skip the meal breaks, if the “nature of the work permits sufficient break time.” Apparently this employer believes that allowing two 15-minute paid breaks provides sufficient break time. It is not clear if the Tennessee Department of Labor would agree or not. However, there is little to be gained by reporting this to the department of labor. At most, the employer would start requiring that every employee take the 30-minute unpaid break. HTH, and thanks for reading the blogs!~ Amelia

  43. Posted by: brian

    Hey there……I work as a server in the restaurant industry. During our busy days such as Saturday I may come in at one or two and due to business may not be done until 10 or 11. We don’t have a break room and some days were not allowed to eat because we can’t leave food around due to health code. They don’t give us breaks to eat if we are busy. What is the rule on this and how can I address the issue without them firing me a week later for any reason cause of the right to work law. With it being a right to work state how does the employee have any say or rights.

  44. Posted by: Amelia

    Hi brian! This is illegal. Under the Tennessee Wage Regulation Act, an employee who works 6 consecutive hours or longer must be given a meal break of at least 30 minutes. The employee need not be paid for the meal break if he is relieved of all duties. The law does permit an employer to skip breaks if “the nature of the work” provides frequent breaks when the employee can grab a snack. Obviously, that is not the case in your restaurant work environment.

    You can certainly bring this topic up tactfully with your employer or the HR department. If they still refuse to give you breaks, you can file a wage complaint with the Tennessee Department of Labor and Workforce Development at the link below. It is illegal for an employer to retaliate against an employee who files a complaint in good faith. It would also be helpful if you could find several other food servers who share your desire for a break, but it is not absolutely essential. It would also be helpful if you have a plan for who is going to take care of your tables while you are on a meal break.

    We will say, be careful what you wish for. You are correct that no health department in the world would let you leave a plate of food in the kitchen (or break room) and dash back to take bites of food in between waiting on tables. You would have to leave your station for 30 minutes, clock out and go into the break room to eat a meal. This would probably occur sometime between 5: 30 pm and 9 pm, while your station was busy. The only way most restaurants can accomplish this is to hire an additional server who takes over your tables while you are on break, and keeps the tips from those tables. Usually this “extra” waiter works each station in rotation, until all the servers have had thier meal breaks. This will result in each waiter having fewer tables each night, and earning less each night. But perhaps you can think of a better way to cover stations while the servers take their meal breaks.

    Many, many people make this mistake, but you are actually confusing the terms “right to work” and “employment at will.” Right to work simply means that an employee cannot be required to join a labor union in order to get a job. Like most states, Tennessee is an “employment at will” state. This means that you have the right to quit any job, at any time, for any reason or without any reason. By the same token, the employer has the right to fire any worker, at any time, for (almost) any reason or without any reason. However, an employer cannot use “employment at will” as an excuse to break the law. For example, “employment at will” would not protect an employer who decided to commit illegal discrimination based on sex by firing all female employees. Nor would it protect an employer who suddenly decided to commit illegal discrimination based on race by firing all African American employees. So “employment at will” really means that an employer can fire any worker, at any time, for any legal reason.

    How does this relate to your situation? Well, it is illegal for an employer to retaliate against a worker who files a complaint in good faith with the Tennessee Department of Labor and Workforce Development. If the employer invents a reason to fire after you file a complaint, the Department of Labor will investigate that as a separate violation of the law. If they find the employer did retaliate against you, they will sue the employer on your behalf, or give you the right to find a lawyer and sue the employer — whichever you prefer. HTH, and thanks for reading the blogs!~ Amelia

    Read more about this at: http://www.tn.gov/labor-wfd/faq_laws.html

  45. Posted by: chris

    if an employee is only scheduled for 5 to 5 and a half hours in the state of tenn, are they required to take a 30min break?
    i know if they are scheduled over 6 hours they are,
    present manger now is scheduling employees for no more then 5 1/2 hours and making them take a 30min break

  46. Posted by: Amelia

    Hi chris! This is entirely legal. There is a difference between what the employer must do under state law, and what the employer may do under state law. The minimum is that a Tennessee employer must give workers a 30-minute unpaid break on a shift of 6 hours or more. However, an employer can go beyond the minimum, and require that an employee take a 30-minute unpaid break on a shift of 5 to 5.5 hours. In fact, a Tennessee employer could require that workers take a 30-minute break on a 2 hour shift, if the employer wanted to. The employer can establish this break policy, and discipline or terminate any employee who refuses to follow it. HTH, and thanks for reading the blogs!~ Amelia

  47. Posted by: Andy

    If my employer makes me work 7 hours straight with no 30 minute unpaid break, what can be done about this to make sure they get disciplined by the Dept of Labor?

  48. Posted by: Amelia

    Hi Andy! You can file a complaint with the Tennessee Department of Labor, Specifically the Division of Labor Standards at http://www.tn.gov/labor-wfd/email.html. It is illegal for an employer to retaliate against an employee who files a complaint in good faith. HTH, and thanks for reading the blogs!~ Amelia

  49. Posted by: priscilla

    How long can a employer keep you locked in the workplace after your scheduled shift has ended?

  50. Posted by: Amelia

    Hi priscilla! We would like to say “You’re kidding, right?” but we have a sinking feeling that you are not.

    Several years ago Walmart paid fines and received a lot of negative publicity because some managers were locking stockers inside the store at night, as a way to prevent theft. Although the incidents occurred in several different states, Walmart claimed that this was never official company policy. Obviously, regardless of who your employer is, such a practice is illegal and very dangerous.

    It is illegal for any employer to lock employees in a workplace, ever. This is the crime of false imprisonment, which is basically locking people up. It is also a major, major fire hazard. If there were a fire, how would the employees get out? They wouldn’t — they would die. If you are being locked inside a workplace, you should report it to the local police. Ideally, phone them at the beginning of a shift when you have been locked in. You should also call the city or county and report this violation of the fire code. This also creates very unsafe working conditions for employees, so you should file a complaint with OSHA at http://www.osha.gov. Please do all of these things ASAP, before someone gets hurt.

    To answer your question directly, when an employee is required to remain on work premises, that counts as work time, and the employee is entitled to payment for that time. If your shift ends at noon, but you are required to wait on the premises until 2 pm, you must be paid at until 2 pm. But by “required” we mean “asked,” not “locked in.” No employer should ever lock an employee in, even for 5 minutes. If you have not been paid for all this waiting time, you should file a wage complaint with the U.S. Department of Labor at http://www.dol.gov. Be sure to tell them you were locked in — we are sure they will be interested. HTH, and thanks for reading the blogs!~ Amelia

    P.S. Follow this link, scroll to the bottom of the page and read the comment by Cindy: http://blog.laborlawcenter.com/2006/08/10/wyoming-labor-law-board/

  51. Posted by: Angela

    If an employee works an 8 hour shift and they employer give the employee 2 paid 10 minute breaks and 1 paid 20 minute break, does this violate TN law?

  52. Posted by: Amelia

    Hi Angelia! Yes, this ir probably a violation of state law. The Tennessee meal break law requires that employees be given a meal break of 30 minutes or more, on any shift of 6 hours or more. The meal break can be unpaid. There are few exceptions to that law, but it covers most employers. Giving workers paid 10-minute breaks (which are not required by law) does not eliminate the legal requirement for the employer to give a 30-minute meal break. HTH, and thanks for reading the blogs!~ Amelia

  53. Posted by: Chris

    If training on specific materials pertaining to a job is required. Is it legal to make the employee complete the training on line unpaid?

  54. Posted by: Amelia

    Hi Chris! When training is mandatory and specific to this employer, the employee must be paid for it. The employer must also pay for training when the employer controls when or where training will take place, and it is mandatory.

    Examples: Maeve works at a day care center and must be certified in CPR. This is a basic requirement of the job, imposed by the state. Maeve can take any CPR class anywhere she wants, at any time. The employer is not required to pay her for this time spent training. If the employer scheduled a CPR class for all employees at a specific location and time, and attendance was mandatory, Maeve would be entitled to payment for attendance at that class.

    Demetrius is a hotel front desk clerk. The hotel is switching over to a new software system called Delphi, and he must be trained in using it. Although Delphi is used at a number of hotels in the same chain, it is far from universal. Because the training is specific to the employer, Demetrius must be paid for this training. If he was attending training in a prgram shared by most companies, like Microsoft Office, and attendance was optional, Demetrius would not be entitled to payment for this time.

    As you can see the federal regulations regarding when training is paid work time are fairly complex. Feel free to post additional details for a more specific answer about your situation. HTH, and thanks for reading the blogs!~ Amelia

  55. Posted by: Phillip

    Hi I just started this new job and i was just wounding if this is right or wrong in the state of Tenn. we take 10mins breaks that is all cool and kind of them. I understand that they do not have to do that but I would like to know this we do not clock out for lunch and we do get paid I believe we start work at 12:00am to 8:00am and we get a 20min to eat our meal is that legal to do that. What I have read up top on the blog we are aloud 30 min lunch breaks what is the law on this.

    Thanks

  56. Posted by: Amelia

    Hi Phillip! You are correct that the Tennessee employer should be giving you a meal break of 30 minutes or more on a shift that is longer than 6 hours. There is no requirement that the employer must pay you for this meal break. It could be unpaid. In some cases, employees working under a union contract may make different break arrangements with the employer.

    It is up to you whether you want to file an official compalint with the Tennessee Department of Labor and Workforce Development. If you do so, you can expect the employer to make meal breaks unpaid from now on. They may also eliminate the 10-minute rest break. It is illegal for an employer to regaliate against an employee who files an official complaint with a state agency, in good faith. HTH, and thanks for reading the blogs!~ Amelia