Tennessee Statewide Rule
Tennessee Minimum Wage Local Preemption Statute
Key Facts
- T.c.a. 50-2-112 Preempts
- T.C.A. 50-2-112 preempts local wage ordinances
- Federal $7.25 Minimum
- Federal $7.25 minimum wage applies statewide
- Cities Cannot Enact
- Cities cannot enact local minimum wage increases
- Public Employees Contractors
- Public employees and contractors may receive higher wages
- Living Wage Ordinances
- Living wage ordinances for private employers are barred
Summary
Tennessee prohibits local governments from setting minimum wages above the federal floor under T.C.A. 50-2-112, reserving wage authority exclusively to the state.
(B) Notwithstanding a charter, ordinance, or resolution to the contrary, a local government shall not require, as a condition to doing business within the jurisdictional boundaries of the local government or contracting with the local government, a private employer to pay its employees an hourly wage in excess of the minimum hourly wage required to be paid by such employer under applicable federal or state law, nor does a local government have the authority to impose a wage or employment benefit mandate on a private employer.
Full Breakdown
T.C.A. 50-2-112 prohibits any county, municipal, or metropolitan government from enacting wage or employment benefit requirements that exceed federal or state law. Tennessee has no separate state minimum wage and follows the federal $7.25 per hour floor under the Fair Labor Standards Act. Cities such as Nashville and Memphis cannot enact local minimum wage increases or living wage ordinances applicable to private employers. Limited exceptions allow local governments to require higher wages for direct municipal employees and contractors performing public works.
Violations & Penalties
Local wage ordinances exceeding state authority are void, and businesses may sue to enjoin enforcement and recover litigation costs.
Frequently Asked Questions
Can Nashville raise its minimum wage above $7.25?
Can a Tennessee city pay its own employees more?
Sources
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