Tennessee Meal and Rest Break Laws (2026)

The rule

	Tennessee
Required break	30 minutes, unpaid, for each employee scheduled to work 6 hours consecutively (Tenn. Code 50-2-103(h))
Timing	Cannot be scheduled during or before the first hour of scheduled work. The statute sets no latest start time
Shorter breaks	Do not satisfy the rule. The Tennessee Attorney General has said a 15-minute break does not interrupt the 6 hours, and two 20-minute breaks do not replace the 30 minutes
Additional breaks	None required by state law
Ample opportunity exception	Workplaces that by the nature of the business give ample opportunity to rest or take a break. The Department names food and beverage work and security guards as examples
Tipped server waiver	At the employer's discretion, an employee principally serving food or beverages who receives and reports tips may waive the break by a voluntary written request on the employer's form, under a written waiver policy posted in the workplace. No employer may coerce a waiver
Minors (under 18)	The same 30 minutes when scheduled 6 consecutive hours, not in the first hour (Tenn. Code 50-5-115). The ample opportunity exception and the waiver do not apply
Pay	The 30 minutes is unpaid only if the employee is fully relieved of duty. Shorter breaks you add (about 5 to 20 minutes) are paid under federal rules
Penalties	A violation is a Class B misdemeanor, and the Department can assess civil penalties for willful violations (Tenn. Code 50-2-103(i))

How the 6-hour rule works

The trigger is the schedule: an employee scheduled to work 6 consecutive hours must get a 30-minute unpaid rest break or meal period. The Department of Labor and Workforce Development states it plainly: failing to provide the 30 minutes is a violation of state law, and there are no state requirements for additional breaks.

The break cannot be scheduled during or before the first hour of work, so on a shift that starts at 9 a.m. it can start no earlier than 10 a.m. The statute sets no latest start time. It also cannot be split: the Tennessee Attorney General has said a 15-minute rest break does not interrupt the 6 consecutive hours, and that two 20-minute unpaid breaks do not satisfy the law either.

The two exceptions, and who they do not cover

The first exception covers workplaces that by the nature of the business provide ample opportunity to rest or take an appropriate break. The statute does not spell out what qualifies; the Department's page gives food and beverage work and security guards as examples. An employer relying on it is making a judgment about its own workplace, and when a busy shift leaves no real chance to sit down, scheduling the 30 minutes is the safer choice.

The second is a written waiver for tipped servers. At the employer's discretion, an employee principally employed serving food or beverages who receives tips and reports them may waive the break. The request has to be in writing on a form the employer provides, made knowingly and voluntarily, with both sides agreeing, under a written waiver policy posted in the workplace. No employer may pressure anyone into signing one.

Neither exception applies to anyone under 18. The Department's child labor page says a minor scheduled 6 consecutive hours must get the 30-minute break, not during or before the first hour, and that the ample opportunity exception and the waiver do not apply to employees under 18.

What the federal rule requires

Federal law does not require lunch or coffee breaks. What it does regulate is pay when an employer chooses to give them.

Short breaks, usually 5 to 20 minutes, count as hours worked. They go into the weekly total and can push an employee over 40 hours into overtime. A bona fide meal period, typically 30 minutes or more, does not count as work time, but only if the employee is completely relieved from duty. Someone who eats at the register while answering questions has not been relieved, and that time is paid.

Worked example: a 20-person restaurant

The restaurant does not rely on the ample opportunity exception, because a Friday rush leaves the kitchen no real chance to rest. It schedules breaks and offers the tipped server waiver under a posted policy.

A line cook scheduled 10 a.m. to 4:30 p.m. is scheduled 6.5 hours, so she gets a 30-minute unpaid break, and it cannot start before 11 a.m. A 15-minute pause at 2 p.m. does not count toward it.
A server who receives and reports tips has signed the restaurant's waiver form, so she can work a 7-hour shift straight through. Every minute is still on the clock and paid.
A 17-year-old host scheduled 4 p.m. to 10 p.m. on a Saturday must get the 30-minute break, starting no earlier than 5 p.m. He cannot sign the waiver, because it does not apply to anyone under 18.
If the cook is called back to the line 10 minutes into her break, she was not relieved of duty, so under federal rules those minutes are paid work time.

How to track it

Tennessee's rule turns on two facts a total-hours timesheet cannot show: whether a 30-minute break happened on every shift scheduled for 6 hours or more, and whether it started after the first hour. The record needs the break as its own punch with a start time.

ClockOut records meal and rest breaks as their own punches. Admins can set a company-wide break rule such as a 30-minute meal break after 6 hours worked, and a shift that passes that mark without the break shows up in the manager's exception inbox. By default the rule applies to everyone, so ClockOut will still flag a server who has a signed waiver: clear those exceptions knowing who signed one. On Pro, you can instead put those servers on a work rule set with no break rule. Either way, keep the waiver forms on file. ClockOut does not check that a break started after the first hour, and it cannot tell whether your workplace qualifies for the ample opportunity exception, so review break start times when you approve timesheets.

For workers under 18, Tennessee requires employers to keep an accurate daily time record in each minor's file. Minor-labor rules in ClockOut can alert admins when an employee under 18 passes a daily hours cap you set.

Tennessee meal and rest breaks FAQ

Does Tennessee require a lunch break?

Yes. An employee scheduled to work 6 consecutive hours must get a 30-minute unpaid rest break or meal period, and it cannot be scheduled during or before the first hour of work. The exceptions are workplaces that by their nature give ample opportunity to rest, and tipped servers with a signed waiver.

Do a 15-minute break or two 20-minute breaks count?

No. The Tennessee Attorney General has said a 15-minute rest break does not interrupt the 6 consecutive hours, and that two 20-minute unpaid breaks do not satisfy the law. The employee needs one break of at least 30 minutes.

Can a server waive the Tennessee meal break?

Yes, if the employer allows it. The employee must be principally employed serving food or beverages and must receive and report tips. The waiver is a voluntary written request on the employer's form, under a written policy posted in the workplace, and the employer may not coerce it. Workers under 18 cannot waive the break.

What happens if a Tennessee employer does not give the break?

It is a violation of state law. Under Tenn. Code 50-2-103(i) it is a Class B misdemeanor, and the Department of Labor and Workforce Development can assess civil penalties for willful violations. Tennessee does not require an extra hour of pay for a missed break, but if the employee worked through it, that time is paid work time under federal rules.

Sources, checked September 23, 2026

This is general information, not legal advice. Rules change; check the linked source.