Tennessee Statewide Rule
Tennessee Predictive Scheduling Local Preemption
Key Facts
- Local Scheduling
- Local scheduling mandates preempted by T.C.A. 50-2-112
- No State
- No state predictive scheduling law for private employers
- Federal Flsa
- Federal FLSA governs hours and overtime statewide
- Cities Cannot
- Cities cannot impose fair workweek penalties
- Public Employee
- Public employee scheduling remains a local matter
Summary
Tennessee preempts local predictive scheduling and fair workweek ordinances under T.C.A. 50-2-112, preventing cities from regulating private employer scheduling practices.
(1) "Employment benefits" means anything of value that an employee may receive from an employer in addition to wages and salary, including, but not limited to, health benefits; disability benefits; death benefits; group accidental death and dismemberment benefits; paid days off for holidays, sick leave, vacation, and personal necessity; additional pay based on schedule changes; retirement benefits; and profit-sharing benefits;
Full Breakdown
T.C.A. 50-2-112 bars local governments from imposing employer mandates that exceed state or federal labor law, including scheduling rules, advance-notice requirements, and predictability pay. Tennessee follows federal labor standards under the Fair Labor Standards Act, leaving employers free to design schedules without mandatory advance-notice penalties. Cities such as Memphis and Nashville cannot copy fair workweek ordinances enacted in cities like Seattle or Philadelphia. Public-sector scheduling for municipal employees remains within local government authority subject to collective bargaining where applicable.
Violations & Penalties
Predictive scheduling ordinances are void, and businesses can sue to block enforcement and recover legal costs from offending municipalities.
Frequently Asked Questions
Can a Tennessee city require advance schedule notice?
Does Tennessee have any predictability pay rule?
Sources
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