Tennessee Code Annotated

Tenn. Code Ann. § 4-4-105 (2026)

Department office hours - Overtime

✓ current as of May 2026

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(a)
- (1) Each department shall be opened for the transaction of public business from eight o'clock in the morning (8:00 a.m.) until four thirty in the afternoon (4:30 p.m.) of each day except Saturdays, Sundays and legal holidays.
- (2) Except for those personnel required to be on duty because of the pressure of business or in case of any emergency, state offices shall be closed and a holiday observed on the Monday following any legal holiday that falls on Sunday and on the Friday before any legal holiday that falls on Saturday.
- (3) The governor may, at the governor's discretion, substitute the Friday after the fourth Thursday in November, which is Thanksgiving Day, for the legal holiday that occurs on the second Monday in October, which is Columbus Day, for purposes of closing state offices only.
- (4) Each employee shall be granted a one (1) hour unpaid lunch period.

(b) Whenever the pressure of business so demands and in cases of emergency, the commissioner in any department is authorized to direct that such personnel as may be required in any particular office shall be on duty, in which event the personnel performing such additional duties shall be entitled to equivalent time off at other times during the week.

(c) Subsections (a) and (b) shall not apply to the uniformed members of the departments of safety or revenue; or to the game wardens or conservation officers charged with the enforcement of the fish and game laws; or to the employees of the department of transportation with the job title of highway response operator 1, highway response operator 2, highway response operator supervisor 1, highway response operator supervisor 2, communications dispatcher 1, communications dispatcher 2, transportation management center operator, transportation management center supervisor 1, transportation management center supervisor 2; or to any members or employees of the departments of correction or children's services, except administrative officials. Nor shall subsections (a) and (b) apply to employees and officials of hospitals or institutions, regardless of the department by which operated.

(d) Any commissioned employee of the department of safety who is required to be on duty on any legal holiday shall be entitled to payment in addition to such employee's normal compensation. Payment shall be made in an amount recommended by the commissioner of safety, authorized in advance by the commissioner of human resources, and approved in advance by the commissioner of finance and administration. This subsection (d) shall not apply to any employee with a commission or rank of captain and above, except a captain over a division.

Acts 1937, ch. 33, § 12; 1939, ch. 11, § 7; 1945, ch. 30, § 1; 1949, ch. 83, § 1; C. Supp. 1950, § 255.12; Acts 1951, ch. 40, § 1; impl. am. Acts 1955, ch. 102, § 1; Acts 1967, ch. 337, § 1; 1974, ch. 638, § 1; 1975, ch. 37, § 1; T.C.A. (orig. ed.), § 4-405; Acts 1980, ch. 923, § 1; 1981, ch. 429, § 1; 1987, ch. 35, § 1; 1989, ch. 278, § 18; 1996, ch. 1079, § 16; 2004, ch. 602, §1; 2007 , ch. 30, § 1; 2007 , ch. 60, § 3.

Notes of Decisions

Cited in 3 cases, 2012–2020 · leading case: Edward Ronny Arnold v. Bob Oglesby (Tenn. Ct. App. 2017).

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Edward Ronny Arnold v. Bob Oglesby (Tenn. Ct. App. 2017). · cites it 7× “M2017-00808-COA-R3-CV A former state employee filed suit claiming that he should have been paid for the state holiday on November 27, 2015, because he worked on October 12, 2015, the day from which the holiday was shifted pursuant to Tenn. Code Ann. § 4-4-105 (a)(3). His…”

Edward Ronny Arnold v. Bob Oglesby (Tenn. Ct. App. 2020). · cites it 5× “” Tenn. Code Ann. § 4-4-105 (a)(3). 8 In fact, Plaintiff stated in the Davidson County General Sessions Court Civil Warrant that he was “terminated [on] November 24, 2015[.”

Donna Crawford v. Dep't of Fin. & Admin. & State of Tennessee Civil Serv. Comm'n (Tenn. Ct. App. 2012). · cites it 2× “, Section 4-4-105 and T.C.A. Section 8- 30-215).”

— Tenn. Code Ann. § 4-4-105(a)(1) — 1 case

Edward Ronny Arnold v. Bob Oglesby (Tenn. Ct. App. 2017). “M2017-00808-COA-R3-CV A former state employee filed suit claiming that he should have been paid for the state holiday on November 27, 2015, because he worked on October 12, 2015, the day from which the holiday was shifted pursuant to Tenn. Code Ann. § 4-4-105 (a)(3). His…”

— Tenn. Code Ann. § 4-4-105(a)(3) — 1 case

Edward Ronny Arnold v. Bob Oglesby (Tenn. Ct. App. 2020). “” Tenn. Code Ann. § 4-4-105 (a)(3). 8 In fact, Plaintiff stated in the Davidson County General Sessions Court Civil Warrant that he was “terminated [on] November 24, 2015[.”

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