Tennessee: Employee Wage Deduction Requirements

Requirements one by one

The signed agreement must come before the debt transaction

Section 50-2-110 does not authorize a deduction merely because the employee
signed something. Under § 50-2-110(a)(1)-(2), the employer first must have agreed
to advance wages, lend money, or permit personal purchases on a business or
corporate credit card. The employee must sign the offset agreement before that
transaction, and the employer must possess a copy when it takes the offset.

That sequencing makes a later handbook acknowledgment or exit form insufficient
for an old shortage, broken tool, damaged vehicle, or missing property. Those
claims are not among the advance, loan, or approved card-charge transactions the
statute identifies.

Notice creates a short dispute window

At least 14 days before the affected payday, § 50-2-110(a)(3)-(4) requires
written notice that states an amount is owed, warns that wages may be offset if
it is not paid, and explains the affidavit right. The offset may proceed only if
the debt remains unpaid.

The employee then has seven days after receiving the notice to send a sworn
affidavit contesting the amount to the employer and a copy to the Department of
Labor and Workforce Development. Under § 50-2-110(b), a timely affidavit removes
payroll offset as the collection method; the employer may instead file an
appropriate civil action.

The statute defines both the debt and the wages broadly—but not infinitely

Under § 50-2-110(c), the covered debt is a specific dollar amount the employer
loaned or advanced, including an approved personal charge on the employer's
business credit card. The wages exposed to the procedure include commissions,
bonuses, incentive program rewards, and tips, not just hourly pay or salary.

An accidental payroll overpayment is not given its own recovery route. Unless it
fits the statute's pre-agreed advance/loan structure and prior signed agreement,
§ 50-2-110 does not itself authorize an employer to recoup it from later wages.

Coverage and the wage floor remain separate limits

Under § 50-2-111(a), chapter 2 applies only when the worker qualifies as an
employee under its 20-factor test. The express exclusion in § 50-2-111(b) for
specified interstate leased-operators and owner-operators also matters. Section
50-2-114 separately requires its covered intrastate employers to pay no less than
the federal minimum wage. Section 50-2-110 supplies no exception to that floor.

The offset statute is mainly a procedure, not a damages provision. It states no
employee-side multiplier, attorney-fee award, or separate civil penalty. Its
express consequence for a timely dispute is that the wage offset stops and the
employer must use a civil action to pursue the alleged debt.

What trips people up

A signature is necessary for the statutory offset route but is not sufficient by
itself. The agreement must predate the wage advance, loan, or approved personal
credit-card charge that created the debt.

The two clocks use different starting points. The employer's notice is due 14
days before the payday, while the employee's seven-day affidavit period starts
when the notice is received.

The affidavit has two destinations. Sending it only to the employer, or only to
the labor department, does not follow § 50-2-110(b)'s text.

Common questions

Are commissions, bonuses, and tips covered as wages?

Yes. Section 50-2-110(c)(2) expressly includes commissions, bonuses, incentive
program rewards, and tips within its nonexclusive definition of wages.

Does a sworn affidavit erase the alleged debt?

No. It prevents the employer from using the wage offset. The statute expressly
allows the employer to file an appropriate civil action to try to recover the
amount.

Does this chapter cover every contractor paid for work?

No. Section 50-2-111 applies its 20-factor employee test and expressly excludes
specified leased-operators and owner-operators working for interstate motor
carriers.

Statutes and sources

• Tenn. Code Ann. § 50-2-110. Covered employer debts, prior signed
  agreement, 14-day notice, seven-day sworn-affidavit dispute, civil-action
  alternative, and wage definition. Official enacting act
  (accessed July 13, 2026).
• Tenn. Code Ann. § 50-2-111. Employee-relationship coverage and the
  leased/owner-operator exclusion. Official current amendment
  (accessed July 13, 2026).
• Tenn. Code Ann. § 50-2-114. Federal-minimum-wage floor for covered
  intrastate employers. Official enacting act
  (accessed July 13, 2026).
• Tennessee Department of Labor and Workforce Development. Current
  wage-deduction guidance. Official guidance
  (accessed July 13, 2026).