Nashville Wage and Hour Lawyer

Wage and Hour Attorney in Nashville, TN

Employees across the US (including Nashville) are protected by the Fair Labor Standards Act of 1938 (FLSA), which dictates minimum wage and overtime pay standards. Despite federal wage protections, many employees experience wage theft. Some employees are exempt from these standards due to the nature of their jobs, but other employees are wrongly treated as exempt by their employers when they are actually entitled to overtime pay. Others are misclassified as 1099 independent contractors. Workers have time shaved from their paychecks. Tipped employees are often expected to bear the cost of supplies or uniforms.

The FLSA and related federal laws can be confusing. If you think your employer’s pay practices may violate the FLSA, contact a Nashville wage and hour lawyer to review your job duties and pay history.

The team at Yezbak Law Offices helps workers recover fair compensation when they experience wage theft. We’ve focused on employee rights for twenty-five years, helping individuals and groups of employees get the unpaid wages and overtime pay they earned under the FLSA. Contact us to set up an initial consultation. Our Admin team will work with you to create a case file for review by our experienced legal team. If we offer you a representation agreement, the attorneys in Nashville will explain your potential claims and discuss the legal process with you, and they will guide you through every step of the case.

Wages & Overtime

Under the Fair Labor Standards Act (FLSA), employees who are non-exempt must receive overtime pay at a rate of at least 150% of their regular employee rate of pay for all hours worked over 40 in a workweek. This applies to most hourly employees. However, some exemptions exist for certain types of employees or positions.

State wage and hour laws also require that employees are permitted to take regularly scheduled breaks, both paid and unpaid.

Tennessee has not established a state minimum wage rate. But most employers in Tennessee are subject to the FLSA and pay at least the federal minimum wage rate. Currently, the federal minimum wage is $7.25 per hour, with a lower minimum cash wage for tipped employees. If covered by the overtime provisions in the FLSA, all hours worked over 40 in a workweek must be paid at one and a half times the regular hourly rate of pay.

Examples of employees likely covered by the FLSA include, but are not limited to:

• Servers and Other Restaurant Workers
• Factory Production Line Workers
• Auto Mechanics and Technicians
• Cable and Satellite Television Installers and Technicians
• Construction Workers
• Maintenance Workers
• Retail Workers
• Food Service Workers
• Workers Required to Work Unrecorded and Unpaid Hours (“off the clock” work)
• Workers Given “Comp Time” Instead of Overtime Pay
• Workers Misclassified as Exempt from Overtime Pay
• Licensed Practical Nurses and other nurses who are not Registered Nurses

If you believe you are a worker who is covered by the FLSA and need help addressing a violation, consider consulting an experienced Nashville wage and hour attorney.

Wage & Hour Violations

When employers violate these laws, workers can take legal action to seek fair compensation for their lost wages and other damages. Under the FLSA, some common wage and hour violations include, but are not limited to:

• Failing to pay employees the federal minimum wage or earned overtime
• Failing to record and report all the hours people work
• Improperly calculating earned overtime
• Misclassifying workers as 1099 contractors instead of employees (trying to avoid paying employees lawful wages)
• For tipped employees: taking away tips, requiring employees to share tips with non-tipped employees, or making them buy tools or uniforms
• Requiring work off the clock
• Deducting pay without proper consent
• Misclassifying employees as exempt from overtime when they are actually non-exempt employees, eligible to receive overtime pay.

These are just a few ways employers cheat workers out of earning the correct minimum wage and overtime pay. If you believe you have experienced these issues or other forms of wage theft, contact an experienced Nashville wage and hour lawyer.

Misclassification – Are You Really “Exempt” from Overtime?

Most employees in the U.S. have the right to earn overtime pay—1.5 times your regular rate for every hour over 40 in a workweek. But some jobs are exempt from that rule. That means no overtime pay, even when you’re working long hours.

Still, employers often get this wrong. They might call someone “exempt” just because they’re salaried, or because they have a certain job title. But under the FLSA, it’s the actual job duties that matter—not what your boss calls you.

Here are the most common exemptions employers rely on:

1. Executive Exemption
   To qualify, all of this must be true:- You’re paid on a salary basis (at least $684 per week as of 2024);- Your primary duty is managing the business or a department;- You regularly direct the work of at least two full-time employees;- You have the authority to hire or fire other employees, or your suggestions carry real weight. Common misuse: Assistant managers who mostly do hourly grunt work but have a “supervisory” title.
2. Administrative Exemption
   This one is often abused. To qualify:- You’re salaried at $684+ per week;- Your primary duty is office or non-manual work;- You exercise independent judgment on matters of significance affecting the business. Common misuse: Clerical workers, office assistants, or people who follow a script or policy manual without real decision-making power.
3. Professional Exemption
   This one includes:- Learned professionals: jobs that require advanced knowledge, usually a degree (lawyers, doctors, engineers, etc.)- Creative professionals: artists, writers, designers—if the work requires invention or imagination, not just routine tasks Common misuse: Graphic designers doing basic layout, or teachers/trainers with no specialized degree.
4. Outside Sales Exemption
   To qualify:- Your primary duty is making sales or getting orders;- You regularly work away from the office or job site (not just from home or Zoom).Common misuse: Inside salespeople or customer service reps working the phones.
5. Computer Employee Exemption
   Applies to:- Systems analysts, software engineers, programmers;- Must be paid hourly at $27.63+, or salaried at $684+/week;- Job must involve application of systems analysis or design, not just help desk work or data entry. Common misuse: IT support staff or folks troubleshooting computers, not building software.

Misclassification – Are You Really an Independent Contractor?

Just because your boss says you’re an independent contractor doesn’t mean it’s true under the law. Many workers—especially in industries like delivery, security, cleaning, construction, home care, and beauty services—are misclassified as independent contractors. That misclassification can cost you wages, overtime, legal protections, unemployment benefits, and tax benefits. The FLSA says that what matters is economic reality, not job titles or contracts.

The Economic Realities Test

• Are you economically dependent on the company, or are you in business for yourself? His is the ultimate question. The more you rely on one company to make a living, the more likely it is you’re an employee.
• Does the company control how you do your work? If the company tells you when to work, where to go, how to accomplish the tasks, how to dress, or what tools to use, that sounds a lot like an employer—not a customer hiring a contractor.
• Can you make more money by working faster or smarter, or are your earnings fixed?Independent contractors typically have real control over profits and losses. If your pay is set by someone else and depends mostly on how many hours you work, that suggests employee status.
• Did you invest in your own tools or equipment? True contractors usually bring their own tools, supplies, or vehicles. If you just show up and use the company’s stuff, that’s a red flag.
• Is the work you’re doing a key part of the company’s business? If you’re performing the company’s core services—like a server in a restaurant or a driver for a delivery service—you probably aren’t truly “independent.”
• Do you need special skills to do the job, or are you trained by the company? Highly specialized work may lean toward independent status. But if you’re trained and supervised by the company, that’s typical of an employee.
• Is the relationship permanent or long-term? Independent contractors usually work project-by-project or short term. If you’ve been doing the same job, for the same company, for months or years, that may weigh toward employee status.

Why It Matters

If you’ve been misclassified, you may have missed out on:

– Overtime pay for working more than 40 hours a week

– Minimum wage protections

– Employer-paid payroll taxes

– Workers’ compensation or unemployment benefits

– Legal protections for retaliation or discrimination

Misclassification Is Wage Theft—And It’s Common

If you’ve been treated like an employee but called a “contractor” with your pay reported on a 1099, or if your employer says you are “exempt” but your job duties don’t fit into an exemption under the FLSA, you may have a legal claim. Contact an experienced Nashville wage and hour lawyer. You don’t have to figure it out alone.

Know Your Rights as a Tipped Employee – What is the Tip Credit?

If you work for tips—like in a restaurant, bar, or salon—you should know about something called the tip credit. It’s a rule under the FLSA that allows employers to pay tipped employees a less than the standard minimum wage, but only if they follow very specific rules.

Here’s how it works:

• The federal minimum wage is $7.25 per hour.
• If you regularly earn at least $30 per month in tips, your employer can pay you as little as $2.13 per hour in direct wages.
• The difference—$5.12—is the tip credit. Your tips are supposed to make up that gap so you end up with at least $7.25 per hour.

But—and this is important—your employer can only use the tip credit if they meet strict legal requirements. If they mess up, they may owe you back pay.

Common Tip Credit Violations

• Not telling you about it: The law requires that your employer inform you (either verbally or in writing) that they are taking a tip credit. If they didn’t? They might have to pay you full minimum wage for all hours worked.
• Tip pooling violations: If your tips are shared with employees who don’t normally get tips—like kitchen staff, managers, or supervisors—the whole tip credit arrangement could be invalid. The FLSA doesn’t regulate how much you’re required to tip out, but it does say that tips can only be shared with other employees who regularly receive tips and have direct interaction with customers—like servers, bussers, or bartenders. If your employer is forcing you to share with people who don’t meet that standard, that’s a red flag.
• Making you do too much non-tipped work that isn’t related to your tipped work: If you’re spending more than approximately 20% of your time (in a workweek) on work that isn’t related to you tipped work (like moving furniture, or cleaning coolers, bathrooms, or the parking lot)—especially when you’re not also doing tip-producing duties—your employer may owe you full minimum wage for that time.
• Failing to ensure you earn enough in tips: If your tips plus the $2.13 don’t add up to $7.25 per hour, your employer is legally required to make up the difference. If they didn’t? That’s likely a wage violation.

Think Something’s Off? You’re Not Alone.

Tip credit violations are common. If anything here sounds familiar—if you’ve been underpaid, weren’t told about the tip credit, or are sharing tips with managers or back of house employees—you should consult an experienced wage and hour attorney.

You work hard for your tips. Make sure you’re getting every dollar you’ve earned.

Know Your Rights as a Tipped Employee – Who Pays for Tools and Uniforms?

If you’re a tipped employee—like a server, bartender, or barista—you probably use certain tools every shift: pens, notepads, aprons, server books, maybe even a specific shirt or uniform. But here’s what many workers don’t know: your employer is usually required to pay for those items.

Why? Because under federal law, employers can’t shift their business costs onto workers if doing so would bring your wages below minimum wage.

Tools of the Trade: What Your Boss Should Be Paying For

The FLSA says that if you’re paid minimum wage (or less, because of the tip credit), your employer cannot require you to pay for work-related tools, gear, or equipment if it effectively cuts into your wages.

This includes things like:

• Server books and aprons
• Pens and order pads
• Uniforms or required clothing
• Nametags, hats, or company-branded gear

If you’re making $2.13/hour plus tips, and your employer makes you buy these items yourself—or deducts their cost from your paycheck—they may be violating wage laws.

So What Counts as a “Uniform”?

Not all work clothing counts as a uniform under the law. Here’s the difference:

• A uniform is something distinctive or required by the employer that you wouldn’t normally wear outside of work. Think: a branded polo, apron, logo-emblazoned shirt, or a required all-black outfit with specific style rules (like “black button-down shirt with black slacks and black nonslip shoes”).
• Regular clothing does not count as a uniform if it can reasonably be worn in everyday life—like jeans or black pants and a shirt without specific brand or strict style restrictions.

If your employer requires a certain outfit or look, they may have to pay for it—or at least make sure your total wages don’t drop below minimum wage after those costs are factored in. The rules about tools and uniforms are fact-specific and can be confusing. Consult a trusted and experienced wage and hour attorney to see if your situation violates federal laws.

If you believe your employer may have violated the FLSA regarding your tips, wages or overtime pay, contact a trusted Nashville wage and hour lawyer to review the facts and determine whether a case can be made. They can review your situation and explore whether to pursue legal recovery.

Wage and Hour Violations Can Be Costly for Employers

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Contact An Experienced Nashville Wage and Hour Lawyer – Call Yezbak Law Offices

If you need help with any wage issue in Nashville, consult the experienced team at Yezbak Law Offices.

If you need help with an employment issue, contact us for a confidential consultation.

Frequently Asked Questions (FAQs) About Nashville, TN Wage & Hour Laws

What Does the FLSA Not Require?

The Fair Labor Standards Act (FLSA) determines the federal minimum wage and overtime premium for certain workers. However, it does not require your employer to provide sick leave, severance pay, vacation time or pay, or holiday leave or pay. The FLSA doesn’t require cash bonus payments or commission payments. Bonuses, educational assistance, travel insurance, life insurance, and other benefits are generally not required by law.

When Are Employee Pay Raises Required in Nashville, TN?

Generally, pay raises are not guaranteed. Pay raises are typically set by an agreement with your employer (or your employer’s representative). The FLSA does not require any pay raises. For additional information about employee pay laws, the Department of Labor provides general, reliable information, or you can consider consulting a trusted Nashville wage and hour lawyer to determine whether your situation is a violation of the applicable wage laws.

How Is Severance Determined in Nashville?

Unless you have a contract that promises a severance, there isn’t any legal requirement to provide employees with severance pay. Severance pay can be provided by an employee as a benefit in certain workplaces, and if you have an employment contract guaranteeing severance pay. Sometimes severance pay is offered because the employer believes they may be liable for a claim of wrongful termination. Accepting the payment and signing the agreement in most cases waives your right to pursue legal action against that employer. It may also bind you to other promises, such as an agreement not to compete for business with your former employer.

If you have received a severance offer, you might want to have an attorney review your situation to identify any potential claims against the employer that could create a point of leverage in the negotiation process.

When Is Overtime Paid in Nashville?

Although some exceptions apply, the FLSA requires overtime pay after an employee has completed 40 hours of work in a single workweek. Employers must keep accurate records of employee hours worked and wages paid and may not combine two weeks of work and only pay overtime after 80 hours. An employee’s overtime rate may change depending on whether they earn a shift premium or other non-hourly pay in addition to an hourly base rate. If you are not sure how to verify that your pay complies with FLSA, you may wish to have an attorney analyze your pay records.

Can my manager take my tips to cover the tab if a customer walks out without paying?

No, your manager is not supposed to retain your tips for any reason other than the usual tip pool at your establishment. If the employer is paying a “tipped wage” (below the federal minimum of $7.25/hr), then the tip pool may not include anyone who is not customer-facing. That means no one whose position is in the back of the house should be getting tipped out, including Expos, Silverware Polishers, Kitchen Staff or Food Service Only Bartenders.

My boss keeps texting and calling me on my day off. Do I have to respond?

The answer to this question may depend on some pretty small details about your employment. If you are a salaried employee then it is likely that your boss has the authority to require your response outside of work hours. If you are paid hourly or are a “non-exempt” salaried employee, then you are also entitled to hourly wages for off-duty time spent discussing work. If you are a contractor, you have the right to bill for all of your time, but you are not entitled to the overtime premium rate under the FLSA.