Waivers and exceptions
No break is required where the nature of the work gives ample chance to rest, such as food service, daycare or security work. Tipped food and beverage servers may waive the break by voluntary written request. Source: dol.gov↗ (opens in a new tab)
Industry-specific rules
The state labor department treats waiters and waitresses as generally falling within the ample-opportunity exception, decided case by case. Source: tn.gov↗ (opens in a new tab)
Penalties
No specific penalty amount in statute. The Tennessee Department of Labor and Workforce Development enforces the break rule. Source: lwdsupport.tn.gov↗ (opens in a new tab)
The law and where to check
The law: Tenn. Code Ann. § 50-2-103(h) (opens in a new tab)
The agency: Tennessee Department of Labor and Workforce Development, Wage and Hour (opens in a new tab)
What federal law says
Federal law does not require meal or rest breaks. If you give short breaks (about 5 to 20 minutes), they must be paid. Meal periods of 30 minutes or more can be unpaid if the employee is fully relieved of duty. Nursing employees get reasonable break time under the federal PUMP Act. Source: U.S. Department of Labor↗ (opens in a new tab) Source: U.S. DOL — PUMP Act↗ (opens in a new tab)
Meal and rest breaks checklist for Tennessee employers
A simple order of work, based on the rules above. It is not a legal checklist.
- Check which of your staff the break rules above cover, including minors.
- Build required meal and rest breaks into your schedules.
- Decide which breaks are paid and record them correctly in your timekeeping.
- Set up a private, non-bathroom space for nursing employees.
- Put your break policy in writing and share it with staff.
- Keep time records that show breaks were taken.
More Tennessee employment law guides
- All Tennessee employment laws
- Tennessee final paycheck law
- Tennessee paid sick leave law
- Tennessee overtime law
- Tennessee pay frequency law
- Tennessee vacation and PTO payout law
- Tennessee new hire reporting
- Tennessee at-will exceptions
Meal and rest breaks laws in other states
See every state on one page, or pick a state:
- Alabama
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- Kentucky
- Louisiana
- Maine
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- Mississippi
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- New Hampshire
- New Jersey
- New Mexico
- New York
- North Carolina
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- Ohio
- Oklahoma
- Oregon
- Pennsylvania
- Rhode Island
- South Carolina
- South Dakota
- Tennessee
- Texas
- Utah
- Vermont
- Virginia
- Washington
- West Virginia
- Wisconsin
- Wyoming
Sources
All official government sources, last checked October 19, 2026.
- https://lwdsupport.tn.gov/hc/en-us/articles/360000135728-My-employer-refuses-to-give-breaks-or-says-that-he-only-has-to-provide-one-15-minute-break-during-our-shift-Is-this-legal
- https://www.tn.gov/content/dam/tn/attorneygeneral/documents/ops/2008/op08-187.pdf
- https://lwdsupport.tn.gov/hc/en-us/articles/360000126707-My-child-is-working-and-not-receiving-breaks-Is-this-legal
- https://www.ctas.tennessee.edu/eli/breaks
- https://www.dol.gov/agencies/whd/state/meal-breaks
- https://lwdsupport.tn.gov/hc/en-us/articles/201324224-I-did-not-receive-a-break-What-should-I-do
- https://www.dol.gov/general/topic/workhours/breaks
- https://www.dol.gov/agencies/whd/pump-at-work
Disclaimer: This guide provides general information based on publicly available official sources and is for information only. It is not legal, tax, payroll or employment-law advice and does not guarantee compliance with federal, state or local requirements. Rules can depend on your location, industry, contracts and other circumstances, and laws change. Always check the official source, the relevant government agency or a qualified professional before making a decision. MadyHR.ai accepts no responsibility for any action taken based on this page.
Last checked: . Every rule and source link on this page was checked against the official government source on this date. Laws change, so always open the source link before you act.