Employment · Tennessee

Can I sue for unpaid overtime in Tennessee?

the short answer

Past 40 hours in a workweek you are owed one and a half times your regular rate. The federal rule counts by the week and not by the day, so an eleven-hour Monday is not overtime if the week stops at 40, and two weeks may not be averaged together. Nothing in it requires extra pay for nights, weekends or holidays.

source ↗Not yet checked against the statute.

everywhere in the u.s.

governing statute29 U.S.C. § 207(a)(1)source ↗Not yet checked against the statute.

penaltyThe unpaid overtime, and an additional equal amount again as liquidated damages. The court must also allow a reasonable attorney's fee and the costs of the action (29 U.S.C. § 216(b)).source ↗Not yet checked against the statute.

limit2 yearssource ↗Not yet checked against the statute.

alsoTwo years to sue, or three if the violation was willful (29 U.S.C. § 255(a)). The clock runs paycheck by paycheck, so every week you wait drops a week off the back of the claim.source ↗Not yet checked against the statute.

in this state

Where do you report unpaid overtime in Tennessee?

free route

The Labor Standards Unit takes a wage claim online and then sends you a Statement of Wage Claim Form with an inspector's name on it, which you have to sign and send back before anything starts. The employer gets 20 calendar days to put it right; after that the claim goes to the Central Office for review and a possible penalty. If the claim is outside the unit's jurisdiction it is closed and you are referred elsewhere.

source ↗Not yet checked against the statute.

Which court hears a case like this in Tennessee?

which court

Court of general sessions

source ↗Not yet checked against the statute.

How much can you sue for in Tennessee small claims court?

small claims limit

$25,000

source ↗Not yet checked against the statute.

exceptions: Eviction and actions to recover personal property have no limit at all here.

source ↗Not yet checked against the statute.

What else should you know in Tennessee?

also

Tennessee has no state minimum wage law, so it has no state overtime rule either, and overtime is one of the things the unit is likely to refer on. The federal claim above is the claim.

source ↗Not yet checked against the statute.

your situation

That is the rule. Whether it is your answer is a different question.

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unpaid overtime — state by state →other claims in this state →