50-2-101. Prospective employee to be informed as to wages - Exceptions.

(a)  As used in this section, "workshops and factories" includes the following: manufacturing, mills, mechanical, electrical, mercantile, art, and laundering establishments, printing, telegraph, and telephone offices, department stores, or any kind of an establishment where labor is employed or machinery is used; provided, that domestic service and agricultural pursuits are excluded. 

(b)  It is unlawful for any proprietor, foreman, owner or other person to employ, permit or suffer to work for hire, in, about, or in connection with any workshop or factory, as defined in subsection (a), any person whatsoever without first informing such employee of the amount of wages to be paid for such labor. Such amount agreed upon between employer and employee, or employee representative, shall constitute a basis for litigation in civil cases. This does not apply to farm labor. Nothing in this section shall apply to railroad companies engaged in interstate commerce and subject to the federal Railway Labor Act. 

(c)  The failure on the part of any proprietor, foreman, owner or other person in charge of any industry named in subsection (a) to so inform any employee of wages to be paid as provided in this section is a Class C misdemeanor. Nothing in this section shall be so construed as to preclude the employment of any person or persons on a "piece-work" basis or on commission basis. 

[Acts 1915, ch. 144, § 1; Shan., § 4433a95; Code 1932, § 5324; Acts 1935, ch. 73, §§ 1, 2; C. Supp. 1950, §§ 5330.1, 5330.2; T.C.A. (orig. ed.), §§ 50-301, 50-302; Acts 1989, ch. 591, § 113.]

50-2-102. Redemption of coupons or scrip.

(a)  All persons, firms and corporations using coupons, scrip, punchouts, store orders or other evidences of indebtedness to pay their laborers and employees, for labor or otherwise, shall, if demanded, redeem the coupons, scrip, punchouts, store orders or other evidences of indebtedness in the hands of such laborer, employee or bona fide holder, in good and lawful money of the United States; provided, that the same is presented and redemption demanded of such person, firm or corporation issuing same, as mentioned in this subsection (a), at a regular pay day of such person, firm or corporation to laborers or employees; or, if presented and redemption demanded, as aforementioned, by such laborers, employees or bona fide holders at any time not less than thirty (30) days from the issuance or delivery of the coupon, or other such evidences of indebtedness to such employees, laborers or bona fide holder. Such redemption is to be at the face value of the coupon, or other such evidence of indebtedness; provided, that the face value shall be in cash the same as its purchasing power in goods, wares and merchandise at the commissary store or other repository of such company, firm, person or corporation. 

(b)  Any employee, laborer or bona fide holder, upon presentation and demand for redemption of the coupon, or other such evidence of indebtedness, and upon refusal of such person, firm or corporation to redeem the same in good and lawful money of the United States, may maintain in such employee's, laborer's or bona fide holder's own name an action before any court of competent jurisdiction against such person, firm or corporation, issuing same, as mentioned in subsection (a), for the recovery of the value of such coupon, or other such evidence of indebtedness; and, if the plaintiff shall recover judgment in such case, it shall include a penalty of twenty-five percent (25%) of the amount due and a reasonable fee for the plaintiff's attorney for the attorney's services in the suit, all of which, as well as the costs, shall be taxed against the defendant. 

(c)  Nothing in this section is to be construed as to legalize the issuance or use of scrip. 

[Acts 1899, ch. 11, §§ 1-3; 1915, ch. 90, § 1; Shan., § 3608a75-3608a77; Code 1932, §§ 6710-6712; T.C.A. (orig. ed.), §§ 50-303 - 50-305.]

50-2-103. Payment of employees in private employments.

(a)  All wages or compensation of employees in private employments shall be due and payable as follows: 

(1) All such wages or compensation earned and unpaid prior to the first day of any month shall be due and payable not later than the twentieth day of the month following the one in which such wages were earned; 

(2) All wages or compensation earned and unpaid prior to the sixteenth day of any month shall be due and payable not later than the fifth day of the succeeding month; and 

(3) For the purposes of this subsection (a), the final wages of an employee who quits or is discharged shall include any vacation pay or other compensatory time that is owed to the employee by virtue of company policy or labor agreement. This subdivision (a)(3) does not mandate employers to provide vacations, either paid or unpaid, nor does it require that employers establish written vacation pay policies. 

(b)  "Private employment," as used in subsection (a), means and includes all employments in concerns where five (5) or more employees are employed, except those under the direct management, supervision and control of the United States, of the state of Tennessee, any county, incorporated city or town, or other municipal corporation or political subdivision of the state, or any office or department of the state or general government. 

(c)  Nothing contained in this section shall be construed as prohibiting the payment of wages at more frequent periods than semimonthly. 

(d)  Every employer shall establish and maintain regular pay days as provided in this section, and shall post and maintain notices, printed or written in plain type or script, in at least two (2) conspicuous places where such notices can be seen by the employees as they go to and from work, setting forth the regular pay day as prescribed in subsection (a). 

(e)  The payment of wages or compensation of employees in the employments defined in this section shall be made in lawful money of the United States or by a good and valid negotiable check or draft, payable, on presentation thereof, at some bank or other established place of business, without discount, exchange or cost of collection, in lawful money of the United States, and not otherwise. 

(f)  In case an employee in any such employment shall be absent from the usual place of employment at the time such payment shall be due and payable, such employee shall be paid the wages or compensation within a reasonable time after making a demand therefor. 

(g)  Any employee who leaves or is discharged from employment shall be paid in full all wages or salary earned by such employee no later than the next regular pay day following the date of dismissal or voluntary leaving, or twenty-one (21) days following the date of discharge or voluntary leaving, whichever occurs last. No employer shall, by any means, secure an exemption from this subsection (g). 

(h)  Each employee must have a thirty (30) minute unpaid rest break or meal period if scheduled to work six (6) hours consecutively, except in workplace environments that by their nature of business provide for ample opportunity to rest or take an appropriate break. Such break shall not be scheduled during or before the first hour of scheduled work activity. 

(i)  A violation of this section is a Class B misdemeanor, punishable by a fine of not less than one hundred dollars ($100) nor more than five hundred dollars ($500). Further, every employer, partnership or corporation willfully violating any provision contained in subsections (a)-(h) is subject to a civil penalty of not less than five hundred dollars ($500) nor more than one thousand dollars ($1,000) at the discretion of the commissioner, or the commissioner's designated representative. Each and every infraction constitutes a separate and distinct offense. If the commissioner, or the commissioner's designated representative, determines that the violation was unintentional, there shall be a warning, in lieu of a penalty, on the first offense. On second or subsequent violations, the civil penalty is applicable and may be assessed at the discretion of the commissioner, or the commissioner's designated representative. It shall be at the sole discretion of the commissioner to elect to proceed either civilly or criminally upon any violation of this part; however, the employer shall not be charged both civilly and criminally for the same violation. 

(j)  The department of labor and workforce development shall enforce the provisions of this section. Each employer, during normal business hours, shall make available to inspectors of the department specific wage and payroll records of its employees maintained on the premises that are pertinent to a written complaint. Records that are maintained off the premises or inaccessible shall be made available to the inspectors on a timely basis as agreed upon by the inspector and the employer. 

[Acts 1917, ch. 28, §§ 1-6; Shan., §§ 3608a77b1-3608a77b8; Code 1932, §§ 6713-6720; modified; Acts 1935, ch. 57, § 1; 1937, ch. 153, § 1; C. Supp. 1950, §§ 6714, 6719; T.C.A. (orig. ed.), §§ 50-306 - 50-313; Acts 1989, ch. 591, § 113; 1991, ch. 384, § 1; 1993, ch. 219, §§ 1, 3, 4; 1999, ch. 32, § 1; 1999, ch. 118, §§ 1, 2; 1999, ch. 520, § 41; 2001, ch. 128, § 1; 2003, ch. 142, § 1.]

50-2-104. Misrepresenting wages in new employment.

Any employer who misrepresents to any employee the amount of wages that the employee is to receive on entering into a new contract of employment commits a Class C misdemeanor. Further, any employer who misrepresents to any employee the amount of wages that the employee is to receive on entering into a new contract of employment shall be subject to a civil penalty of not less than five hundred dollars ($500) nor more than one thousand dollars ($1,000) at the discretion of the commissioner, or the commissioner's designated representative. If the commissioner, or the commissioner's designated representative, determines that the violation was unintentional, there shall be a warning, in lieu of a penalty, on the first offense. On second or subsequent violations, the civil penalty is applicable and may be assessed at the discretion of the commissioner, or the commissioner's designated representative. It shall be at the sole discretion of the commissioner to elect to proceed either civilly or criminally upon any violation of this part, however, the employer shall not be charged both civilly and criminally for the same violation. 

[Acts 1917, ch. 48, § 1; Shan., § 4338a1; mod. Code 1932, § 8561; T.C.A. (orig. ed.), § 50-314; Acts 1989, ch. 591, § 113; 1993, ch. 219, § 2; 2001, ch. 128, § 2; 2003, ch. 142, § 2.]

50-2-105. Restrictions on assignment of income - Court orders.

(a) (1)  No action shall be brought to charge any employer upon any assignment by any clerk, servant or employee of such employer to any person of any wages or salaries unearned at the time of such assignment, unless such assignment at the time of the execution thereof has been assented to in writing by such employer, or unless such assignment is to enforce support orders as provided in title 36, chapter 5, part 5. 

(2) "Support," "order of support" or "child support" includes child support, and support for a spouse or ex-spouse if the obligor is legally responsible for the support of a child residing with the spouse or ex-spouse. 

(b)  Assignment of income by a court for child support or spousal support shall be made according to the provisions of title 36, chapter 5. If an employer fails to comply with the order, a judgment may be entered against the employer in the same manner as set forth in title 26, chapter 2, part 2. 

(c)  As used in this section: 

(1) "Court" and "clerk" are defined as set out in § 26-2-201; and 

(2) "Employer" includes the state and any political subdivision of the state. 

(d)  An order for the assignment of income entered by a court under subsections (b) and (c) for child support entered before October 1, 1985, shall remain in full force and effect, and any new orders for assignment of income or for modification or termination of assignments of income shall be as provided in title 36, chapter 5. 

[Acts 1903, ch. 21, § 1; 1903, ch. 53, § 1; Shan., § 4341a1; Code 1932, § 8562; Acts 1981, ch. 61, § 1; T.C.A. (orig. ed.), § 50-315; Acts 1985, ch. 477, § 12; 1986, ch. 890, § 7; 1994, ch. 987, § 15; 2002, ch. 651, § 6.]

50-2-106. Company stores.

(a)  It is not lawful for any employer, or agent, clerk or superintendent of such employer, who owns or controls a store for the sale of general merchandise in connection with the employer's manufacturing or other business, to attempt to control the employer's employees or laborers in the purchase of goods and supplies at such store, by withholding the payment of wages longer than the usual time of payment, whereby the employee would be compelled to purchase supplies at the employer's store. 

(b)  No employee shall be required, as a condition of employment, to trade at a store specified by the employer. 

(c)  Any person violating the provisions of this section commits a Class C misdemeanor. 

[Acts 1887, ch. 155, §§ 1-2; Shan., §§ 6882-6883; mod. Code 1932, §§ 11361-11362; Acts 1935, ch. 58, § 1; C. Supp. 1950, § 1136.1; T.C.A. (orig. ed.), §§ 50-316, 50-317; Acts 1989, ch. 591, § 113.]

50-2-107. Distribution of service charges or gratuities.

(a) (1)  If a business, including a private club, lounge, bar or restaurant, includes on the bill presented to and paid by a customer, member or patron an automatic percentage or specific dollar amount denominated as a "service charge," "tip," "gratuity," or otherwise, which amount is customarily assumed to be intended for the employee or employees who have served the customer, member or patron, that amount shall be paid over to or distributed among the employee or employees who have rendered that service. Such payment shall be made at the close of business on the day the amount is received or at the time the employee is regularly paid, or, in the case of a bill for which credit is extended to a customer, member or patron, payment shall be made at the close of business on the day the amount is collected or on the first day the employee is regularly paid occurring after the amount is collected. 

(2) Such payment shall not be reduced, docked or otherwise diminished to penalize an employee for any actions in connection with the employee's employment, if it is derived from a mandatory service charge or tip collected from customers, members or patrons. 

(3) This section does not apply to bills for food or beverage served in a banquet, convention or meeting facility segregated from the public-at-large, except such facilities that are on the premises of a private club. 

(b)  A violation of this section is a Class C misdemeanor. Each failure to pay an employee constitutes a separate offense. 

[Acts 1983, ch. 152, § 1; 1989, ch. 591, § 113.]

50-2-108. Collection of claims and judgments for wages.

(a)  In addition to the powers and duties of the commissioner of labor and workforce development specified elsewhere in this code, the commissioner is hereby authorized and empowered to enter into reciprocal agreements with the labor department or corresponding agency of any other state or with the person, board, officer or commission authorized to act on behalf of such department or agency, for the collection in such other state of claims and judgments for wages based upon claims assigned to the commissioner. 

(b)  The commissioner may, to the extent provided for by any reciprocal agreement entered into by law or with any agency of another state as provided in this section, maintain actions in the courts of such other state for the collection of claims and judgments for wages, and may assign such claims and judgments to the labor department or agency of such other state for collection to the extent that such an assignment may be permitted or provided for by the law of such state or by reciprocal agreement. 

(c)  The commissioner may, upon the written consent of the labor department or other corresponding agency of any other state or of any person, board, officer or commission of such state authorized to act on behalf of such labor department or corresponding agency, maintain actions in the courts of this state upon assigned claims and judgments for wages arising in such other state in the same manner and to the same extent that such actions by the commissioner are authorized when arising in this state.  However, such actions may be maintained only in cases where such other state by law or reciprocal agreement extends a like comity to cases arising in this state. 

[Acts 1992, ch. 670, § 1; 1999, ch. 520, § 41.]

50-2-109. Assessment of penalties.

(a)  If, within thirty (30) days from the receipt of written notification of penalties assessed pursuant to this part, an employer fails to notify the commissioner in writing of its intent to contest the imposition of such penalty, the assessment of a penalty as stated in the notification shall be deemed a final order of the commissioner, and not subject to further review. 

(b)  All penalties owed under this part shall be paid to the commissioner. 

[Acts 2003, ch. 142, § 3.]

50-2-201. Definitions.

As used in this part, unless the context otherwise requires: 

(1) "Commissioner" means the commissioner of labor and workforce development; 

(2) "Employ" includes to suffer or permit to work; 

(3) "Employee" means any individual employed by any employer within the state of Tennessee, including individuals employed by the state of Tennessee but not by its political subdivisions, but does not include any individual who is entitled to the equal pay provisions of the Fair Labor Standards Act of 1938 (29 U.S.C. § 201 et seq.), as amended; 

(4) "Employer" includes any person acting in the interest of any employer, directly or indirectly, and includes the state of Tennessee but not its political subdivisions; and 

(5) "Wage rate" means all compensation for employment, including payments in kind and amounts paid by employers for employee benefits as defined by the commissioner in regulations issued under this part. 

[Acts 1974, ch. 757, § 1; T.C.A., § 50-320; Acts 1999, ch. 520, § 41.]

50-2-202. Prohibited acts.

(a)  No employer shall discriminate between employees in the same establishment on the basis of sex by paying any employee salary or wage rates less than the rates such employer pays to any employee of the opposite sex for comparable work on jobs the performance of which require comparable skill, effort and responsibility, and which are performed under similar working conditions. However, nothing in this part shall prohibit wage differentials based on a seniority system, a merit system, a system that measures earnings by quality or quantity of production, or any other reasonable differential that is based on a factor other than sex. 

(b)  An employer who is paying a wage differential in violation of this part shall not, in order to comply with this part, reduce the wage rate of any employee. 

(c)  No employer may discharge or discriminate against any employee by reason of any action taken by such employee to invoke or assist in any manner the enforcement of this part. 

[Acts 1974, ch. 757, § 2; T.C.A., § 50-321.]

50-2-203. Commissioner to administer law.

(a)  The commissioner has the power and duty to carry out and administer the provisions of this part, including the power to issue such regulations, not inconsistent with the purpose of this part, as the commissioner considers necessary or appropriate to carry out its provisions. 

(b)  The commissioner is authorized to endeavor to eliminate pay practices unlawful under this part by informal methods of conference, conciliation and persuasion, and to supervise the payment of wages owing to any employee under this part. 

[Acts 1974, ch. 757, § 3; T.C.A., § 50-322.]

50-2-204. Employee remedies.

(a)  Any employer who violates the provisions of § 50-2-202 shall be liable to the employee or employees affected in the amount of their unpaid wages, and in instances of an employer knowingly violating § 50-2-202 in employee suits under subsection (b), up to an additional equal amount of unpaid wages as liquidated damages. For the second established violation of this part in a separate judicial proceeding distinct from the first, any employer who violates the provisions of § 50-2-202 shall be liable to the employee or employees affected in the amount of their unpaid wages, and instances of an employer knowingly violating § 50-2-202 in employee suits under subsection (b), up to an additional two (2) times the amount of unpaid wages as liquidated damages. For the third established violation of this part in a separate judicial proceeding distinct from the first and second, any employer who violates the provisions of § 50-2-202 shall be liable to the employee or employees affected in the amount of their unpaid wages, and instances of an employer knowingly violating § 50-2-202 in employee suits under subsection (b), up to an additional three (3) times the amount of unpaid wages as liquidated damages. 

(b)  Action to recover such wages may be maintained in any court of competent jurisdiction by any one (1) or more employees. The court shall, in cases of violation, in addition to any judgment awarded to the plaintiff or plaintiffs, allow a reasonable attorney's fee and cost of the action to be paid by the defendant. 

(c)  No agreement by any such employee to work for less than the wages to which the employee is entitled under this part shall be a bar to any such action, or to a voluntary wage restitution of the full amount due under this part. 

(d)  At the written request of any employee claiming to have been paid less than the wage to which the employee is entitled under this part, the commissioner may bring any legal action necessary in behalf of the employee to collect such claim for unpaid wages. The commissioner shall not be required to pay any filing fee, or other cost in connection with such action. The commissioner shall have the power to join various claims against the employer in one (1) cause of action. 

[Acts 1974, ch. 757, § 4; T.C.A., § 50-323; Acts 2004, ch. 822, § 2.]

50-2-205. Limitation of actions.

Court action under this part may be commenced no later than two (2) years after the cause of action occurs. 

[Acts 1974, ch. 757, § 5; T.C.A., § 50-324.]