Tennessee 2025 2025-2026 Regular Session

Tennessee House Bill HB1216 Introduced / Fiscal Note

Filed 03/01/2025

                    SB 1190 - HB 1216 
FISCAL NOTE 
 
 
 
Fiscal Review Committee 
Tennessee General Assembly 
 
March 1, 2025 
Fiscal Analyst: Rebecca Chandler | Email: rebecca.chandler@capitol.tn.gov | Phone: 615-741-2564 
 
SB 1190 - HB 1216 
 
SUMMARY OF BILL:    Increases the minimum wage in Tennessee to the greater of the 
federal minimum wage or $20 per hour.  
 
Prohibits an employer from paying an employee less than one-half times the regular wage for any 
work done by the employee in excess of 40 hour during a work week.  
 
Establishes that any employer found in violation of this act is liable to the affected employee for the 
amount of unpaid wages; should judgment be rendered in a favor of an employee, such judgment 
must include damages, court costs, and reasonable attorney’s fees.  
 
Requires the Department of Labor and Workforce Development (DLWD) to cooperate with the 
administrator of the Wage and Hour Division of the United State Department of Labor (USDOL). 
Stipulates that employees exempt from the federal minimum wage pursuant to 29 U.S.C. § 213 are 
exempt from the provisions of this legislation. 
 
Effective upon becoming law for the purposes of promulgating rules and January 1, 2026 for all 
other purposes. 
 
 
FISCAL IMPACT: 
 
STATE GOVERNMENT 
EXPENDITURES  General Fund 
FY25-26 	$47,818,000 
FY26-27 & Subsequent Years 	$95,299,000 
Total Positions Required: 4 
   
LOCAL GOVERNMENT 
EXPENDITURES  Mandatory 
FY25-26 	Up to $295,994,900 
FY26-27 & Subsequent Years 	Up to $591,989,900 
 
Article II, Section 24 of the Tennessee Constitution provides that:  no law of general application shall impose increased expenditure 
requirements on cities or counties unless the General Assembly shall provide that the state share in the cost. 
 
      
  
 
   
 	SB 1190 - HB 1216  	2 
 Assumptions: 
 
 State Employment  
• Currently, per the federal Fair Labor Standards Act (FLSA), the federal minimum wage is set 
at $7.25 per hour.  
• The proposed legislation will set the minimum wage in Tennessee at $20 per hour, as it is 
greater than the federal minimum wage. 
• Based on information provided by the Department of Human Resources (DHR), there are 
3,909 state employees who make less than $20 an hour: 2,642 full-time employees and 1,267 
part-time employees. To raise their wages to $20 an hour will result in a recurring increase 
in state expenditures of $19,371,678 annually. 
• Additionally, state higher-education institutions will require additional expenditures for 
increased payroll and increased contract employee costs. See table below for information 
provided by higher institutions in the state: 
 
School 	Increase in Expenditures 
Tennessee Board of Regents 	$10,703,848  
University of Tennessee School System 	$51,006,769  
Middle Tennessee State University 	$5,100,000  
East Tennessee State University 	$2,600,000  
Tennessee Tech University  	$2,744,720  
Austin Peay State University 	$985,162  
University of Memphis 	$2,500,000  
Total 	$75,640,499  
 
• The total recurring increase in state expenditures is estimated to be $95,012,177 
($19,371,678 + $75,640,499) beginning in FY26-27. 
• Due to the January 1, 2026 effective date, in increase in state expenditures is estimated to be 
$47,506,089 ($95,012,177 x 50%) in FY25-26.  
• Based on information provided by the DLWD, due to the fact that the state does not have 
an established minimum wage and essentially reflects the federal minimum wage, when a 
wage complaint is currently provided to the Department, it makes referrals to the USDOL, 
and it simply tracks the complaints, but does not currently investigate them. 
• The proposed legislation will require the DLWD to investigate such complaints, as well as 
those received with regards to wages earned for hours worked in excess of 40 hours. 
• Based on information provided by the DLWD, the Department will need three additional 
labor standards inspectors and one administrative assistant-3. 
• The total recurring increase in state expenditures is as follows: 
 
 
 
 
 
   
 	SB 1190 - HB 1216  	3 
Title Salary Benefits 
# 
Positions Total 
Labor Standard 
Inspector $53,856 $16,963 3 $212,457 
Administrative 
Assistant-3 $48,204 $16,025 1 $64,229 
   Total: $276,686 
 
• There will be a one-time increase in state expenditures of $35,244 for computers, phones, 
software, travel, and training. 
• There will be an increase in state expenditures in FY25-26 of $311,930 ($276,686 + 
$35,244).  
• There will be a recurring cost of $10,140 for travel, phone service, and training associated 
with such positions. Therefore, there will be an increase in state expenditures of $286,826 in 
FY26-27 and subsequent years ($276,686 + $10,140). 
• The total increase to state expenditures will be $47,818,019 ($47,506,089 + $311,930) in 
FY25-26 and $95,299,003 ($95,012,177 + $286,826) in FY26-27 and subsequent years. 
 
 Local Employment 
• The impact to local government expenditures is dependent on several unknown factors, 
such as the number of local government employees that will be impacted by the legislation, 
the extent in which each employee’s wage must be raised to meet the requirements of the 
legislation, the extent of any change in the number of hours that each employee works in a 
year, and whether local governments will decide to reduce their total number of employees 
as a result of higher wage expenses. 
• As of December 2024, there were 299,300 local government employees.  
• Based on data provided by DHR, approximately 8.9 percent of state employees earn less 
than $20 per hour. Applying this percentage to local government employment, an estimated 
26,638 local government employees earn less than $20 per hour (299,300 x 8.9%).  
• Using the full-time and part-time distribution observed among state employees, where 67.6 
percent of minimum wage earners are full-time and 32.4 percent are part-time, it is 
estimated that 18,007 local government employees are full-time (26,638 x 67.6%), while 
8,631 (26,638 x 32.4%) are part-time. 
• Assuming a minimum wage of $7.25 per hour, full-time employees working 2,080 hours per 
year and part-time employees working 1,040 hours per year, we can estimate the current 
annual wage expense for local government employees as follows: 
o 18,007 full-time employees x 7.25 x 2,080 hours = $271,546,845 
o 8,632 part-time employees x $7.25 x 1,040 hours = $65,074,836 
• Therefore, the total estimated current expenditure to local government minimum wage 
obligations are approximately $336,621,680 ($271,546,845 + $65,074,836). 
• Under the proposed legislation, the total cost to local governments of a $20 minimum wage 
will be:  
o 18,007 full-time employees x $20 x 2,080 hours = $749,094,744  
o 8,631 part-time employees x $20 x 1,040 hours = $179,516,788   
 	SB 1190 - HB 1216  	4 
• Therefore, there will be an annual increase of local government expenditures of up to 
$591,989,852 [($749,094,744 + $179,516,788) - $336,578,060] in FY26-27. 
• Due to the January 1, 2026 effective day, the increase in local government expenditures is 
estimated to be up to $295,994,926 ($591,989,852 x 50%) in FY25-26.  
 
 Other Fiscal Impacts  
• This assumes additional state and local sales tax collections for state and local governments 
respectively as a result of impacted employees spending a higher wage within the economy; 
however, any such impact is assumed to be offset by other reductions in state and local 
business tax collections occurring as a result of reduced net income for impacted business 
owners occurring as a result of paying higher wage expense. 
• This legislation may result in a small increase in cases in the court system, which could 
result in additional state and local government expenditures for processing the cases and 
additional state and local government revenue from fees, taxes, and costs collected. These 
expenditures and revenue are estimated to not be significant.  
• Additionally, state and local government contracts with private entities may require 
amendments to account for increased wages.  The totality of this increase in state 
expenditures cannot be reasonably assumed. 
• The impact on gross income of state and local government workers as a result of requiring 
pay that is one-and-a-half times normal pay, for all hours worked in excess of 40 hours in a 
week, is unknown. 
 
 
IMPACT TO COMMERCE: 
 
BUSINESS IMPACT 
FISCAL YEAR  EXPENSES 
FY25-26 	Up to $9,346,291,700 
FY26-27 & Subsequent Years 	Up to $18,692,583,400 
 
 Assumptions: 
 
• Under the FSLA, the federal minimum wage is $7.25 per hour, but certain workers are 
exempt or subject to special rules. Tipped employees can be paid $2.13 per hour if tips 
bring total earnings to $7.25 per hour. Other exemptions exist for workers with disabilities, 
live-in domestic workers, small farm workers, and seasonal/recreational employees. 
• Approximately 872,021 Tennesseans make less than $17 per hour.  
• Using the full-time and part-time distribution observed among state employees, where 67.6 
percent of minimum wage earners are full-time and 32.4 percent are part-time, it is 
estimated that 589,486 of these workers are full-time (872,021 x 67.6%) and 282,535 are 
part-time (872,021 x 32.4%). 
• Assuming full-time employees work 2,080 hours per year and part-time employees work 
1,040 hours per year, we can estimate the current annual wage expense for employees as 
follows: 
o 589,486 full-time employees x $7.25 x 2,080 hours = $8,889,451,836 
o 282,535 part-time employees x $7.25 x 1,040 hours = $2,130,312,422   
 	SB 1190 - HB 1216  	5 
• Under the proposed legislation, the total cost to businesses of a $20 minimum wage will be:  
o 589,486 full-time employees x $20 x 2,080 hours = $24,522,625,754  
o 282,535 part-time employees x $20 x 1,040 hours = $5,876,723,923 
• Therefore, there will be an annual increase of expenditures to all Tennessee employers 
under the proposed minimum wage will be up to $19,379,585,419 ($24,522,625,754 + 
$5,876,723,923) – ($8,889,451,836 + $2,130,312,422) in FY26-27 and subsequent years. 
• The total annual increase in private business expenditures related to an increased minimum 
wage will be up to $18,692,583,390 ($19,379,585,419 - $19,371,678 state employees - 
$75,640,499 higher ed employees - $591,989,852 local government employees). 
• Due to the January 1, 2026 effective day, FY25-26 will be half of the annual cost, or up to 
$9,346,291,695 ($18,692,583,390 x 50%).  
• The impact on gross income of workers in the state as a result of requiring pay that is one-
and-a-half times normal pay, for all hours worked in excess of 40 hours in a week, is 
unknown. 
• For purposes of this analysis, it is assumed that this increase in expenditures for Tennessee 
businesses will remain constant into perpetuity. 
 
 
CERTIFICATION: 
 
 The information contained herein is true and correct to the best of my knowledge. 
   
Bojan Savic, Executive Director