Tenn. Code Ann. § 50-1-206 — TN Code / Title 50 / Chapter 1 / Section 50-1-206
Right to work
Status: in_force

(a) It is the public policy of this state that employees of this state have the right to: (1) Employment without regard to any person's refusal to join or affiliate with, or decision to withdraw from or cease membership in, any labor union or employee organization of any kind; (2) Be employed free from the restraints of any contract, combination or agreement, written or oral, that provides for exclusion from employment of any person due to their refusal to join or affiliate with, or decision to withdraw from or cease membership in, any labor union or employee organization of any kind; (3) Be employed without regard to any person's refusal to pay dues, fees, assessments or other charges to any labor union or employee organization of any kind; and (4) Decertify a union or other bargaining representative upon compliance with the applicable federal law. (b) Private employers may physically post notice of the rights described in this section, at locations where notices are normally posted, informing employees about their rights under this section, or may physically disseminate such notice to employees if no such normal location for posting exists. (c) To assist private employers in informing workers of their rights as described in this section, the commissioner of labor and workforce development shall create model notice language reiterating the public policies of this state espoused in this part, which may be used by private employers accordingly. (d) The commissioner shall designate those persons in the department responsible for carrying out the commissioner's power, duties and responsibilities under this part. Acts 2012, ch. 826, § 1.
(a) It is the public policy of this state that employees of this state have the right to: (1) Employment without regard to any person's refusal to join or affiliate with, or decision to withdraw from or cease membership in, any labor union or employee organization of any kind; (2) Be employed free from the restraints of any contract, combination or agreement, written or oral, that provides for exclusion from employment of any person due to their refusal to join or affiliate with, or decision to withdraw from or cease membership in, any labor union or employee organization of any kind; (3) Be employed without regard to any person's refusal to pay dues, fees, assessments or other charges to any labor union or employee organization of any kind; and (4) Decertify a union or other bargaining representative upon compliance with the applicable federal law.
(1) Employment without regard to any person's refusal to join or affiliate with, or decision to withdraw from or cease membership in, any labor union or employee organization of any kind;
(2) Be employed free from the restraints of any contract, combination or agreement, written or oral, that provides for exclusion from employment of any person due to their refusal to join or affiliate with, or decision to withdraw from or cease membership in, any labor union or employee organization of any kind;
(3) Be employed without regard to any person's refusal to pay dues, fees, assessments or other charges to any labor union or employee organization of any kind; and
(4) Decertify a union or other bargaining representative upon compliance with the applicable federal law.
(b) Private employers may physically post notice of the rights described in this section, at locations where notices are normally posted, informing employees about their rights under this section, or may physically disseminate such notice to employees if no such normal location for posting exists.
(c) To assist private employers in informing workers of their rights as described in this section, the commissioner of labor and workforce development shall create model notice language reiterating the public policies of this state espoused in this part, which may be used by private employers accordingly.
(d) The commissioner shall designate those persons in the department responsible for carrying out the commissioner's power, duties and responsibilities under this part.
Acts 2012, ch. 826, § 1.
Tenn. Code Ann. § 50-7-219 — TN Code / Title 50 / Chapter 7 / Section 50-7-219
"Insured work" defined
Status: in_force

"Insured work" means employment covered by this chapter. Acts 1947, ch. 29, § 2; C. Supp. 1950, § 6901.2 (Williams, § 6901.26); T.C.A. (orig. ed.), § 50-1321.
"Insured work" means employment covered by this chapter.
Acts 1947, ch. 29, § 2; C. Supp. 1950, § 6901.2 (Williams, § 6901.26); T.C.A. (orig. ed.), § 50-1321.
Tenn. Code Ann. § 50-1-310 — TN Code / Title 50 / Chapter 1 / Section 50-1-310
Discharge of teacher for refusal to participate in or remain silent about illegal activities - Damages - Frivolous lawsuits
Status: in_force

(a) No teacher employed by a local education agency shall be discharged, terminated, or otherwise discriminated against with respect to compensation, terms, conditions or privileges of employment solely for refusing to participate in, or for refusing to remain silent about, illegal activities. (b) As used in this section, "illegal activities" means activities that are in violation of the criminal or civil code of this state or the United States or any regulation intended to protect the public health, safety or welfare. (c) (1) Any teacher terminated or discriminated against in violation of subsection (a) shall have a cause of action against the employer for violation of this section and any other damages to which the employee may be entitled. (2) Any teacher terminated or discriminated against in violation of subsection (a) solely for refusing to participate in, or for refusing to remain silent about, illegal activities who prevails in a cause of action against an employer for such prohibited actions shall be entitled to recover reasonable attorney fees and costs. (d) (1) This section shall not be used for frivolous lawsuits and anyone who files a frivolous lawsuit is subject to sanction as provided in subdivision (d)(2). (2) If any teacher files a cause of action for retaliatory discharge for any improper purpose, such as to harass or to cause needless increase in costs to the employer, the court, upon motion or upon its own initiative, shall impose upon the teacher an appropriate sanction, which may include an order to pay the other party or parties the amount of reasonable expenses incurred, including reasonable attorney's fee. Acts 2008, ch. 885, § 1.
(a) No teacher employed by a local education agency shall be discharged, terminated, or otherwise discriminated against with respect to compensation, terms, conditions or privileges of employment solely for refusing to participate in, or for refusing to remain silent about, illegal activities.
(b) As used in this section, "illegal activities" means activities that are in violation of the criminal or civil code of this state or the United States or any regulation intended to protect the public health, safety or welfare.
(c) (1) Any teacher terminated or discriminated against in violation of subsection (a) shall have a cause of action against the employer for violation of this section and any other damages to which the employee may be entitled. (2) Any teacher terminated or discriminated against in violation of subsection (a) solely for refusing to participate in, or for refusing to remain silent about, illegal activities who prevails in a cause of action against an employer for such prohibited actions shall be entitled to recover reasonable attorney fees and costs.
(1) Any teacher terminated or discriminated against in violation of subsection (a) shall have a cause of action against the employer for violation of this section and any other damages to which the employee may be entitled.
(2) Any teacher terminated or discriminated against in violation of subsection (a) solely for refusing to participate in, or for refusing to remain silent about, illegal activities who prevails in a cause of action against an employer for such prohibited actions shall be entitled to recover reasonable attorney fees and costs.
(d) (1) This section shall not be used for frivolous lawsuits and anyone who files a frivolous lawsuit is subject to sanction as provided in subdivision (d)(2). (2) If any teacher files a cause of action for retaliatory discharge for any improper purpose, such as to harass or to cause needless increase in costs to the employer, the court, upon motion or upon its own initiative, shall impose upon the teacher an appropriate sanction, which may include an order to pay the other party or parties the amount of reasonable expenses incurred, including reasonable attorney's fee.
(1) This section shall not be used for frivolous lawsuits and anyone who files a frivolous lawsuit is subject to sanction as provided in subdivision (d)(2).
(2) If any teacher files a cause of action for retaliatory discharge for any improper purpose, such as to harass or to cause needless increase in costs to the employer, the court, upon motion or upon its own initiative, shall impose upon the teacher an appropriate sanction, which may include an order to pay the other party or parties the amount of reasonable expenses incurred, including reasonable attorney's fee.
Acts 2008, ch. 885, § 1.
Tenn. Code Ann. § 50-5-105 — TN Code / Title 50 / Chapter 5 / Section 50-5-105
Employment of minors sixteen or seventeen years of age
Status: in_force

(a) A minor who is sixteen (16) or seventeen (17) years of age may be employed in connection with any gainful occupation that: (1) Does not interfere with the minor's health or well-being; (2) Is not prohibited by subsection (b); or (3) Is not prohibited by § 50-5-106 . (b) A minor who is sixteen (16) or seventeen (17) years of age and is enrolled in school may not be employed: (1) During those hours when the minor is required to attend classes; or (2) (A) Between the hours of ten o'clock p.m. (10:00 p.m.) and six o'clock a.m. (6:00 a.m.), Sunday through Thursday evenings preceding a school day. (B) If the parents or guardians of the minor submit to the employer a signed and notarized statement of consent, then the minor may be employed between the hours of ten o'clock p.m. (10:00 p.m.) and twelve o'clock midnight (12:00 a.m.), Sunday through Thursday evenings preceding a school day; provided, that under no circumstances shall the minor be employed between those hours on those evenings on more than three (3) occasions during any week. (C) Each statement of consent shall be submitted to the employer on a carbonized form provided for the purpose by the department. Upon accepting the form, the employer shall promptly mail the carbon copy of the form to the commissioner. (D) The form shall remain valid until the end of the school year during which it is submitted or until termination of the minor's employment, or until the minor reaches the age of majority, whichever occurs first; and the original copy of the form shall be maintained for the period of its effectiveness by the employer at the location of the minor's employment. (E) At any time, consent may be rescinded by submission to the employer of a statement of rescission, signed by the parents or guardians of the minor. (c) With respect to a student enrolled with a church-related school as defined in § 49-50-801 , or who is home schooled in accordance with § 49-6-3050 and has the consent of the parent conducting the home school, subdivision (b)(1) shall not apply. However, to work during the hours identified in subdivision (b)(1), the student shall also present to the employer a letter signed by the director, as defined in § 50-5-102 , confirming the student's enrollment and the authorization to work. The director of the church-related school shall send a copy of the letter to the director of the LEA of the school district in which the child resides. (d) If the department discovers that an employer has violated this section or has violated § 50-5-111 , by failing to maintain the required file record, including an accurate time record showing the hours of a minor's beginning and ending of work each day, then the department shall promptly take appropriate actions to ensure imposition of the sanctions prescribed by § 50-5-112 . Acts 1976, ch. 480, § 5; 1978, ch. 541, § 3; T.C.A., § 50-705; Acts 1990, ch. 787, § 1; 1998, ch. 781, § 1; 1999, ch. 520, § 41.
(a) A minor who is sixteen (16) or seventeen (17) years of age may be employed in connection with any gainful occupation that: (1) Does not interfere with the minor's health or well-being; (2) Is not prohibited by subsection (b); or (3) Is not prohibited by § 50-5-106 .
(1) Does not interfere with the minor's health or well-being;
(2) Is not prohibited by subsection (b); or
(3) Is not prohibited by § 50-5-106 .
(b) A minor who is sixteen (16) or seventeen (17) years of age and is enrolled in school may not be employed: (1) During those hours when the minor is required to attend classes; or (2) (A) Between the hours of ten o'clock p.m. (10:00 p.m.) and six o'clock a.m. (6:00 a.m.), Sunday through Thursday evenings preceding a school day. (B) If the parents or guardians of the minor submit to the employer a signed and notarized statement of consent, then the minor may be employed between the hours of ten o'clock p.m. (10:00 p.m.) and twelve o'clock midnight (12:00 a.m.), Sunday through Thursday evenings preceding a school day; provided, that under no circumstances shall the minor be employed between those hours on those evenings on more than three (3) occasions during any week. (C) Each statement of consent shall be submitted to the employer on a carbonized form provided for the purpose by the department. Upon accepting the form, the employer shall promptly mail the carbon copy of the form to the commissioner. (D) The form shall remain valid until the end of the school year during which it is submitted or until termination of the minor's employment, or until the minor reaches the age of majority, whichever occurs first; and the original copy of the form shall be maintained for the period of its effectiveness by the employer at the location of the minor's employment. (E) At any time, consent may be rescinded by submission to the employer of a statement of rescission, signed by the parents or guardians of the minor.
(1) During those hours when the minor is required to attend classes; or
(2) (A) Between the hours of ten o'clock p.m. (10:00 p.m.) and six o'clock a.m. (6:00 a.m.), Sunday through Thursday evenings preceding a school day. (B) If the parents or guardians of the minor submit to the employer a signed and notarized statement of consent, then the minor may be employed between the hours of ten o'clock p.m. (10:00 p.m.) and twelve o'clock midnight (12:00 a.m.), Sunday through Thursday evenings preceding a school day; provided, that under no circumstances shall the minor be employed between those hours on those evenings on more than three (3) occasions during any week. (C) Each statement of consent shall be submitted to the employer on a carbonized form provided for the purpose by the department. Upon accepting the form, the employer shall promptly mail the carbon copy of the form to the commissioner. (D) The form shall remain valid until the end of the school year during which it is submitted or until termination of the minor's employment, or until the minor reaches the age of majority, whichever occurs first; and the original copy of the form shall be maintained for the period of its effectiveness by the employer at the location of the minor's employment. (E) At any time, consent may be rescinded by submission to the employer of a statement of rescission, signed by the parents or guardians of the minor.
(A) Between the hours of ten o'clock p.m. (10:00 p.m.) and six o'clock a.m. (6:00 a.m.), Sunday through Thursday evenings preceding a school day.
(B) If the parents or guardians of the minor submit to the employer a signed and notarized statement of consent, then the minor may be employed between the hours of ten o'clock p.m. (10:00 p.m.) and twelve o'clock midnight (12:00 a.m.), Sunday through Thursday evenings preceding a school day; provided, that under no circumstances shall the minor be employed between those hours on those evenings on more than three (3) occasions during any week.
(C) Each statement of consent shall be submitted to the employer on a carbonized form provided for the purpose by the department. Upon accepting the form, the employer shall promptly mail the carbon copy of the form to the commissioner.
(D) The form shall remain valid until the end of the school year during which it is submitted or until termination of the minor's employment, or until the minor reaches the age of majority, whichever occurs first; and the original copy of the form shall be maintained for the period of its effectiveness by the employer at the location of the minor's employment.
(E) At any time, consent may be rescinded by submission to the employer of a statement of rescission, signed by the parents or guardians of the minor.
(c) With respect to a student enrolled with a church-related school as defined in § 49-50-801 , or who is home schooled in accordance with § 49-6-3050 and has the consent of the parent conducting the home school, subdivision (b)(1) shall not apply. However, to work during the hours identified in subdivision (b)(1), the student shall also present to the employer a letter signed by the director, as defined in § 50-5-102 , confirming the student's enrollment and the authorization to work. The director of the church-related school shall send a copy of the letter to the director of the LEA of the school district in which the child resides.
(d) If the department discovers that an employer has violated this section or has violated § 50-5-111 , by failing to maintain the required file record, including an accurate time record showing the hours of a minor's beginning and ending of work each day, then the department shall promptly take appropriate actions to ensure imposition of the sanctions prescribed by § 50-5-112 .
Acts 1976, ch. 480, § 5; 1978, ch. 541, § 3; T.C.A., § 50-705; Acts 1990, ch. 787, § 1; 1998, ch. 781, § 1; 1999, ch. 520, § 41.
Tenn. Code Ann. § 50-3-2001 — TN Code / Title 50 / Chapter 3 / Section 50-3-2001
Employer compliance with the federal hazard communication standard for chemicals and other compliance requirements
Status: in_force

Each employer shall comply with all of the requirements of the federal hazard communication standard codified in 29 CFR 1910.1200 . In addition to the requirements set forth in 29 CFR 1910.1200 each employer must also comply with the following: (1) (A) Employers shall keep a record of the dates of training sessions given to their employees; (B) The hazard communication program and employee information and training required of employers pursuant to 29 CFR 1910.1200 and the education and training program pursuant to subdivision (1) shall require annual refresher training after the initial training pursuant to 29 CFR 1910.1200 is conducted, unless the commissioner grants an exemption from annual refresher training. The exemption may be granted if the commissioner determines that the nature of the work assignment, the level of exposure or the nature of the hazardous chemical involved would not reasonably require annual refresher training; (2) (A) For the purposes of this section only, "workplace" means any workplace as defined in 29 CFR 1910.1200(c) that is located within the fire chief's actual jurisdiction or that is located in a jurisdiction to which the fire chief responds pursuant to a mutual aid pact; (B) Employers and distributors who normally store a hazardous chemical in excess of fifty-five gallons (55 gal.) or five hundred pounds (500 lbs.) shall provide the fire chief, in writing, the names and telephone numbers of knowledgeable representatives of the manufacturing employer, non-manufacturing employer or distributor who can be contacted for further information or in the event of an emergency; (C) Each employer and distributor shall provide a copy of the workplace chemical list to the fire chief and shall thereafter notify the fire chief of any significant changes that occur in the workplace chemical list; (D) The fire chief or the fire chief's representative, upon request, shall be permitted on-site inspections of the hazardous chemicals on the workplace chemical list during normal business hours for the sole purpose of preplanning emergency fire department activities; (E) Employers and distributors, upon written request, shall provide the fire chief a copy of the safety data sheet (SDS) for any chemical on their workplace chemical list; (F) The fire chief shall, upon request, make the workplace chemical list and SDSs available to members of the fire chief's fire company having jurisdiction over the workplace, or their designated representatives, but shall not otherwise distribute the information without written approval of the manufacturing employer, nonmanufacturing employer or distributor who provided the workplace chemical list or SDSs; except that approval shall not be required in an emergency situation in which human life is at stake. In the event the workplace chemical list or SDSs are released under an emergency situation, the fire chief shall promptly notify the supplier of the workplace chemical list or SDSs, in writing, as to whom the information was released and the circumstances of the emergency. Persons receiving workplace chemical lists or SDSs from the fire chief shall hold the information contained in the workplace chemical lists or SDSs in confidence; (G) (i) Employers and distributors shall place one (1) sign in accordance with the NFPA 704M series on the outside of any building that contains a class A explosive, class B explosive, poison gas (poison A), water-reactive flammable solid (flammable solid W), or radioactive material as listed in Table 1 of the federal department of transportation (DOT) regulations at 49 CFR, Part 172, and further defined in federal DOT regulations at 49 CFR, Part 173, or any other hazardous chemical in excess of the amounts listed in subdivision (2)(B); (ii) The commissioner shall promulgate rules in accordance with § 50-3-102(b)(3) to establish specifications on the size, color, lettering and posting requirements pursuant to the series. The regulations shall provide that the number used shall be determined by the hazardous chemical that presents the greatest danger; (iii) The commissioner shall exempt an employer from this subdivision (2)(G) who can satisfactorily demonstrate that: (a) The employer maintains a trained fire or emergency preparedness team considered capable of handling workplace chemical or fire emergencies without external assistance; or (b) The employer maintains twenty-four (24) hour security personnel who maintain accurate records of the location of chemicals and who can readily direct emergency personnel from outside sources to affected company facilities; (H) The department of labor and workforce development shall assist employers and fire personnel to effectuate the purposes of this section; (3) (A) (i) Manufacturing employers shall compile and maintain a list of the hazardous chemicals known to be present using a product identifier that is referenced on the appropriate safety data sheet and the work area or workplace in which the hazardous chemical is normally used or stored; (ii) The manufacturing employer shall maintain the workplace chemical list for no less than thirty (30) years. The manufacturing employer shall send complete records pertinent to the workplace chemical list to the commissioner if the manufacturing employer generating the list ceases to operate a business within the state; (iii) The workplace chemical list shall be filed with the commissioner within ninety-six (96) hours of a request by an authorized representative of the commissioner; (B) (i) Nonmanufacturing employers shall compile and maintain a list of the hazardous chemicals known to be present using a product identifier that is referenced on the appropriate safety data sheet and the work area or workplace in which the hazardous chemical is normally used or stored. This subdivision (3)(B)(i) shall apply to employers who store such chemicals in excess of fifty-five gallons (55 gal.) or five hundred pounds (500 lbs.); (ii) The nonmanufacturing employer shall maintain the workplace chemical list for no less than thirty (30) years. The nonmanufacturing employer shall send complete records pertinent to the workplace chemical list to the commissioner if the nonmanufacturing employer generating the list ceases to operate a business within the state; (iii) The nonmanufacturing employer shall notify new or newly assigned employees about the workplace chemical list and its contents before working in a work area containing hazardous chemicals; and (iv) The nonmanufacturing employer shall file the workplace chemical list with the commissioner within ninety-six (96) hours of a request by an authorized representative of the commissioner. (C) The workplace chemical list may consist of either a single listing prepared for the workplace as a whole or a collection of lists prepared for each work area individually; (D) The department of labor and workforce development shall provide the following information and services: (i) The CAS number for any hazardous chemical on the workplace chemical list that is not included by the manufacturing or nonmanufacturing employer pursuant to subdivision (3)(D)(i) (a) or (3)(D)(i) (b) , if: (a) The chemical is not a mixture; and (b) A CAS number exists for the chemical; (ii) The employer shall make available a copy of the workplace chemical list for inspection by the public during regular office hours at the division's central office or any division field office. The copy must be requested by the public and received by the division as specified by this section; (iii) Copies of any workplace chemical list may be obtained from the division of occupational safety and health upon written request and payment of a reasonable copying and mailing fee. The division shall provide the list within ten (10) business days of receipt of the written request; (E) It is the intention of the general assembly, pursuant to this section, to provide access to information concerning hazardous chemicals used and stored in this state to the citizens of this state who live and work in proximity to the chemicals to enable the citizens to make informed decisions concerning their health, safety and welfare. Amended by 2014 Tenn. Acts, ch. 709, s 1, eff. 7/1/2014. Amended by 2013 Tenn. Acts, ch. 257, s 1, eff. 4/23/2013. Acts 1985, ch. 417, § 1.
Each employer shall comply with all of the requirements of the federal hazard communication standard codified in 29 CFR 1910.1200 . In addition to the requirements set forth in 29 CFR 1910.1200 each employer must also comply with the following:
(1) (A) Employers shall keep a record of the dates of training sessions given to their employees; (B) The hazard communication program and employee information and training required of employers pursuant to 29 CFR 1910.1200 and the education and training program pursuant to subdivision (1) shall require annual refresher training after the initial training pursuant to 29 CFR 1910.1200 is conducted, unless the commissioner grants an exemption from annual refresher training. The exemption may be granted if the commissioner determines that the nature of the work assignment, the level of exposure or the nature of the hazardous chemical involved would not reasonably require annual refresher training;
(A) Employers shall keep a record of the dates of training sessions given to their employees;
(B) The hazard communication program and employee information and training required of employers pursuant to 29 CFR 1910.1200 and the education and training program pursuant to subdivision (1) shall require annual refresher training after the initial training pursuant to 29 CFR 1910.1200 is conducted, unless the commissioner grants an exemption from annual refresher training. The exemption may be granted if the commissioner determines that the nature of the work assignment, the level of exposure or the nature of the hazardous chemical involved would not reasonably require annual refresher training;
(2) (A) For the purposes of this section only, "workplace" means any workplace as defined in 29 CFR 1910.1200(c) that is located within the fire chief's actual jurisdiction or that is located in a jurisdiction to which the fire chief responds pursuant to a mutual aid pact; (B) Employers and distributors who normally store a hazardous chemical in excess of fifty-five gallons (55 gal.) or five hundred pounds (500 lbs.) shall provide the fire chief, in writing, the names and telephone numbers of knowledgeable representatives of the manufacturing employer, non-manufacturing employer or distributor who can be contacted for further information or in the event of an emergency; (C) Each employer and distributor shall provide a copy of the workplace chemical list to the fire chief and shall thereafter notify the fire chief of any significant changes that occur in the workplace chemical list; (D) The fire chief or the fire chief's representative, upon request, shall be permitted on-site inspections of the hazardous chemicals on the workplace chemical list during normal business hours for the sole purpose of preplanning emergency fire department activities; (E) Employers and distributors, upon written request, shall provide the fire chief a copy of the safety data sheet (SDS) for any chemical on their workplace chemical list; (F) The fire chief shall, upon request, make the workplace chemical list and SDSs available to members of the fire chief's fire company having jurisdiction over the workplace, or their designated representatives, but shall not otherwise distribute the information without written approval of the manufacturing employer, nonmanufacturing employer or distributor who provided the workplace chemical list or SDSs; except that approval shall not be required in an emergency situation in which human life is at stake. In the event the workplace chemical list or SDSs are released under an emergency situation, the fire chief shall promptly notify the supplier of the workplace chemical list or SDSs, in writing, as to whom the information was released and the circumstances of the emergency. Persons receiving workplace chemical lists or SDSs from the fire chief shall hold the information contained in the workplace chemical lists or SDSs in confidence; (G) (i) Employers and distributors shall place one (1) sign in accordance with the NFPA 704M series on the outside of any building that contains a class A explosive, class B explosive, poison gas (poison A), water-reactive flammable solid (flammable solid W), or radioactive material as listed in Table 1 of the federal department of transportation (DOT) regulations at 49 CFR, Part 172, and further defined in federal DOT regulations at 49 CFR, Part 173, or any other hazardous chemical in excess of the amounts listed in subdivision (2)(B); (ii) The commissioner shall promulgate rules in accordance with § 50-3-102(b)(3) to establish specifications on the size, color, lettering and posting requirements pursuant to the series. The regulations shall provide that the number used shall be determined by the hazardous chemical that presents the greatest danger; (iii) The commissioner shall exempt an employer from this subdivision (2)(G) who can satisfactorily demonstrate that: (a) The employer maintains a trained fire or emergency preparedness team considered capable of handling workplace chemical or fire emergencies without external assistance; or (b) The employer maintains twenty-four (24) hour security personnel who maintain accurate records of the location of chemicals and who can readily direct emergency personnel from outside sources to affected company facilities; (H) The department of labor and workforce development shall assist employers and fire personnel to effectuate the purposes of this section;
(A) For the purposes of this section only, "workplace" means any workplace as defined in 29 CFR 1910.1200(c) that is located within the fire chief's actual jurisdiction or that is located in a jurisdiction to which the fire chief responds pursuant to a mutual aid pact;
(B) Employers and distributors who normally store a hazardous chemical in excess of fifty-five gallons (55 gal.) or five hundred pounds (500 lbs.) shall provide the fire chief, in writing, the names and telephone numbers of knowledgeable representatives of the manufacturing employer, non-manufacturing employer or distributor who can be contacted for further information or in the event of an emergency;
(C) Each employer and distributor shall provide a copy of the workplace chemical list to the fire chief and shall thereafter notify the fire chief of any significant changes that occur in the workplace chemical list;
(D) The fire chief or the fire chief's representative, upon request, shall be permitted on-site inspections of the hazardous chemicals on the workplace chemical list during normal business hours for the sole purpose of preplanning emergency fire department activities;
(E) Employers and distributors, upon written request, shall provide the fire chief a copy of the safety data sheet (SDS) for any chemical on their workplace chemical list;
(F) The fire chief shall, upon request, make the workplace chemical list and SDSs available to members of the fire chief's fire company having jurisdiction over the workplace, or their designated representatives, but shall not otherwise distribute the information without written approval of the manufacturing employer, nonmanufacturing employer or distributor who provided the workplace chemical list or SDSs; except that approval shall not be required in an emergency situation in which human life is at stake. In the event the workplace chemical list or SDSs are released under an emergency situation, the fire chief shall promptly notify the supplier of the workplace chemical list or SDSs, in writing, as to whom the information was released and the circumstances of the emergency. Persons receiving workplace chemical lists or SDSs from the fire chief shall hold the information contained in the workplace chemical lists or SDSs in confidence;
(G) (i) Employers and distributors shall place one (1) sign in accordance with the NFPA 704M series on the outside of any building that contains a class A explosive, class B explosive, poison gas (poison A), water-reactive flammable solid (flammable solid W), or radioactive material as listed in Table 1 of the federal department of transportation (DOT) regulations at 49 CFR, Part 172, and further defined in federal DOT regulations at 49 CFR, Part 173, or any other hazardous chemical in excess of the amounts listed in subdivision (2)(B); (ii) The commissioner shall promulgate rules in accordance with § 50-3-102(b)(3) to establish specifications on the size, color, lettering and posting requirements pursuant to the series. The regulations shall provide that the number used shall be determined by the hazardous chemical that presents the greatest danger; (iii) The commissioner shall exempt an employer from this subdivision (2)(G) who can satisfactorily demonstrate that: (a) The employer maintains a trained fire or emergency preparedness team considered capable of handling workplace chemical or fire emergencies without external assistance; or (b) The employer maintains twenty-four (24) hour security personnel who maintain accurate records of the location of chemicals and who can readily direct emergency personnel from outside sources to affected company facilities;
(i) Employers and distributors shall place one (1) sign in accordance with the NFPA 704M series on the outside of any building that contains a class A explosive, class B explosive, poison gas (poison A), water-reactive flammable solid (flammable solid W), or radioactive material as listed in Table 1 of the federal department of transportation (DOT) regulations at 49 CFR, Part 172, and further defined in federal DOT regulations at 49 CFR, Part 173, or any other hazardous chemical in excess of the amounts listed in subdivision (2)(B);
(ii) The commissioner shall promulgate rules in accordance with § 50-3-102(b)(3) to establish specifications on the size, color, lettering and posting requirements pursuant to the series. The regulations shall provide that the number used shall be determined by the hazardous chemical that presents the greatest danger;
(iii) The commissioner shall exempt an employer from this subdivision (2)(G) who can satisfactorily demonstrate that: (a) The employer maintains a trained fire or emergency preparedness team considered capable of handling workplace chemical or fire emergencies without external assistance; or (b) The employer maintains twenty-four (24) hour security personnel who maintain accurate records of the location of chemicals and who can readily direct emergency personnel from outside sources to affected company facilities;
(a) The employer maintains a trained fire or emergency preparedness team considered capable of handling workplace chemical or fire emergencies without external assistance; or
(b) The employer maintains twenty-four (24) hour security personnel who maintain accurate records of the location of chemicals and who can readily direct emergency personnel from outside sources to affected company facilities;
(H) The department of labor and workforce development shall assist employers and fire personnel to effectuate the purposes of this section;
(3) (A) (i) Manufacturing employers shall compile and maintain a list of the hazardous chemicals known to be present using a product identifier that is referenced on the appropriate safety data sheet and the work area or workplace in which the hazardous chemical is normally used or stored; (ii) The manufacturing employer shall maintain the workplace chemical list for no less than thirty (30) years. The manufacturing employer shall send complete records pertinent to the workplace chemical list to the commissioner if the manufacturing employer generating the list ceases to operate a business within the state; (iii) The workplace chemical list shall be filed with the commissioner within ninety-six (96) hours of a request by an authorized representative of the commissioner; (B) (i) Nonmanufacturing employers shall compile and maintain a list of the hazardous chemicals known to be present using a product identifier that is referenced on the appropriate safety data sheet and the work area or workplace in which the hazardous chemical is normally used or stored. This subdivision (3)(B)(i) shall apply to employers who store such chemicals in excess of fifty-five gallons (55 gal.) or five hundred pounds (500 lbs.); (ii) The nonmanufacturing employer shall maintain the workplace chemical list for no less than thirty (30) years. The nonmanufacturing employer shall send complete records pertinent to the workplace chemical list to the commissioner if the nonmanufacturing employer generating the list ceases to operate a business within the state; (iii) The nonmanufacturing employer shall notify new or newly assigned employees about the workplace chemical list and its contents before working in a work area containing hazardous chemicals; and (iv) The nonmanufacturing employer shall file the workplace chemical list with the commissioner within ninety-six (96) hours of a request by an authorized representative of the commissioner. (C) The workplace chemical list may consist of either a single listing prepared for the workplace as a whole or a collection of lists prepared for each work area individually; (D) The department of labor and workforce development shall provide the following information and services: (i) The CAS number for any hazardous chemical on the workplace chemical list that is not included by the manufacturing or nonmanufacturing employer pursuant to subdivision (3)(D)(i) (a) or (3)(D)(i) (b) , if: (a) The chemical is not a mixture; and (b) A CAS number exists for the chemical; (ii) The employer shall make available a copy of the workplace chemical list for inspection by the public during regular office hours at the division's central office or any division field office. The copy must be requested by the public and received by the division as specified by this section; (iii) Copies of any workplace chemical list may be obtained from the division of occupational safety and health upon written request and payment of a reasonable copying and mailing fee. The division shall provide the list within ten (10) business days of receipt of the written request; (E) It is the intention of the general assembly, pursuant to this section, to provide access to information concerning hazardous chemicals used and stored in this state to the citizens of this state who live and work in proximity to the chemicals to enable the citizens to make informed decisions concerning their health, safety and welfare.
(A) (i) Manufacturing employers shall compile and maintain a list of the hazardous chemicals known to be present using a product identifier that is referenced on the appropriate safety data sheet and the work area or workplace in which the hazardous chemical is normally used or stored; (ii) The manufacturing employer shall maintain the workplace chemical list for no less than thirty (30) years. The manufacturing employer shall send complete records pertinent to the workplace chemical list to the commissioner if the manufacturing employer generating the list ceases to operate a business within the state; (iii) The workplace chemical list shall be filed with the commissioner within ninety-six (96) hours of a request by an authorized representative of the commissioner;
(i) Manufacturing employers shall compile and maintain a list of the hazardous chemicals known to be present using a product identifier that is referenced on the appropriate safety data sheet and the work area or workplace in which the hazardous chemical is normally used or stored;
(ii) The manufacturing employer shall maintain the workplace chemical list for no less than thirty (30) years. The manufacturing employer shall send complete records pertinent to the workplace chemical list to the commissioner if the manufacturing employer generating the list ceases to operate a business within the state;
(iii) The workplace chemical list shall be filed with the commissioner within ninety-six (96) hours of a request by an authorized representative of the commissioner;
(B) (i) Nonmanufacturing employers shall compile and maintain a list of the hazardous chemicals known to be present using a product identifier that is referenced on the appropriate safety data sheet and the work area or workplace in which the hazardous chemical is normally used or stored. This subdivision (3)(B)(i) shall apply to employers who store such chemicals in excess of fifty-five gallons (55 gal.) or five hundred pounds (500 lbs.); (ii) The nonmanufacturing employer shall maintain the workplace chemical list for no less than thirty (30) years. The nonmanufacturing employer shall send complete records pertinent to the workplace chemical list to the commissioner if the nonmanufacturing employer generating the list ceases to operate a business within the state; (iii) The nonmanufacturing employer shall notify new or newly assigned employees about the workplace chemical list and its contents before working in a work area containing hazardous chemicals; and (iv) The nonmanufacturing employer shall file the workplace chemical list with the commissioner within ninety-six (96) hours of a request by an authorized representative of the commissioner.
(i) Nonmanufacturing employers shall compile and maintain a list of the hazardous chemicals known to be present using a product identifier that is referenced on the appropriate safety data sheet and the work area or workplace in which the hazardous chemical is normally used or stored. This subdivision (3)(B)(i) shall apply to employers who store such chemicals in excess of fifty-five gallons (55 gal.) or five hundred pounds (500 lbs.);
(ii) The nonmanufacturing employer shall maintain the workplace chemical list for no less than thirty (30) years. The nonmanufacturing employer shall send complete records pertinent to the workplace chemical list to the commissioner if the nonmanufacturing employer generating the list ceases to operate a business within the state;
(iii) The nonmanufacturing employer shall notify new or newly assigned employees about the workplace chemical list and its contents before working in a work area containing hazardous chemicals; and
(iv) The nonmanufacturing employer shall file the workplace chemical list with the commissioner within ninety-six (96) hours of a request by an authorized representative of the commissioner.
(C) The workplace chemical list may consist of either a single listing prepared for the workplace as a whole or a collection of lists prepared for each work area individually;
(D) The department of labor and workforce development shall provide the following information and services: (i) The CAS number for any hazardous chemical on the workplace chemical list that is not included by the manufacturing or nonmanufacturing employer pursuant to subdivision (3)(D)(i) (a) or (3)(D)(i) (b) , if: (a) The chemical is not a mixture; and (b) A CAS number exists for the chemical; (ii) The employer shall make available a copy of the workplace chemical list for inspection by the public during regular office hours at the division's central office or any division field office. The copy must be requested by the public and received by the division as specified by this section; (iii) Copies of any workplace chemical list may be obtained from the division of occupational safety and health upon written request and payment of a reasonable copying and mailing fee. The division shall provide the list within ten (10) business days of receipt of the written request;
(i) The CAS number for any hazardous chemical on the workplace chemical list that is not included by the manufacturing or nonmanufacturing employer pursuant to subdivision (3)(D)(i) (a) or (3)(D)(i) (b) , if: (a) The chemical is not a mixture; and (b) A CAS number exists for the chemical;
(a) The chemical is not a mixture; and
(b) A CAS number exists for the chemical;
(ii) The employer shall make available a copy of the workplace chemical list for inspection by the public during regular office hours at the division's central office or any division field office. The copy must be requested by the public and received by the division as specified by this section;
(iii) Copies of any workplace chemical list may be obtained from the division of occupational safety and health upon written request and payment of a reasonable copying and mailing fee. The division shall provide the list within ten (10) business days of receipt of the written request;
(E) It is the intention of the general assembly, pursuant to this section, to provide access to information concerning hazardous chemicals used and stored in this state to the citizens of this state who live and work in proximity to the chemicals to enable the citizens to make informed decisions concerning their health, safety and welfare.
Amended by 2014 Tenn. Acts, ch. 709, s 1, eff. 7/1/2014.
Amended by 2013 Tenn. Acts, ch. 257, s 1, eff. 4/23/2013.
Acts 1985, ch. 417, § 1.
Tenn. Code Ann. § 50-5-219 — TN Code / Title 50 / Chapter 5 / Section 50-5-219
Minor's personal appearance
Status: in_force

The minor, unless excused by the court for good cause shown, shall attend personally before the court upon the hearing of the petition. Acts 2003, ch. 168, § 1.
The minor, unless excused by the court for good cause shown, shall attend personally before the court upon the hearing of the petition.
Acts 2003, ch. 168, § 1.
Tenn. Code Ann. § 50-3-606 — TN Code / Title 50 / Chapter 3 / Section 50-3-606
Interim variances
Status: in_force

(a) Upon receipt of an application for an order granting a variance, the commissioner may issue an interim order granting the variance for the purpose of permitting time for an orderly consideration of the application. (b) No interim order may be effective for longer than one hundred eighty (180) days. Acts 1972, ch. 561, § 13; 1974, ch. 585, § 37; 1977, ch. 111, § 30; T.C.A., § 50-551.
(a) Upon receipt of an application for an order granting a variance, the commissioner may issue an interim order granting the variance for the purpose of permitting time for an orderly consideration of the application.
(b) No interim order may be effective for longer than one hundred eighty (180) days.
Acts 1972, ch. 561, § 13; 1974, ch. 585, § 37; 1977, ch. 111, § 30; T.C.A., § 50-551.
Tenn. Code Ann. § 50-6-603 — TN Code / Title 50 / Chapter 6 / Section 50-6-603
Purpose and organization of fund
Status: in_force

The fund shall be created as a nonprofit independent public corporation for the purpose of insuring employers against liability for personal injuries for which their employees may be entitled to benefits under this part. The fund shall be organized as a domestic insurance company. Acts 1992, ch. 900, § 26.
The fund shall be created as a nonprofit independent public corporation for the purpose of insuring employers against liability for personal injuries for which their employees may be entitled to benefits under this part. The fund shall be organized as a domestic insurance company.
Acts 1992, ch. 900, § 26.
Tenn. Code Ann. § 50-1-102 — TN Code / Title 50 / Chapter 1 / Section 50-1-102
False or deceptive representations in procuring employees - Penalty - Hiring armed guards - Failure to have permit - Penalty
Status: in_force

(a) (1) It is unlawful for any person to induce, influence, persuade or engage workers to change from one place to another in this state, or to bring workers of any class or calling into this state to work in any type of labor in this state through or by means of false or deceptive representations, false advertising or false pretenses, concerning the kind and character of the work to be done, or the amount and character of compensation to be paid for the work, or the sanitary or other conditions of the employment, or as to the existence or nonexistence of a strike or other trouble pending between employer and employees, at the time of or prior to the engagement. (2) Failure to state in any advertisement, proposal or contract for the employment of workers that there is a strike, lockout or other labor trouble at the place of the proposed employment, when in fact the strike, lockout or other labor trouble then actually exists at the place of the proposed employment, is deemed false advertising and misrepresentation for the purposes of this section. (b) A violation of subsection (a) is a Class B misdemeanor. (c) (1) Any worker who is influenced, induced or persuaded to engage with any persons mentioned in subsection (a), through or by means of any of the things prohibited in subsection (a), has a right of action for all damages that the worker has sustained in consequence of the false or deceptive representations, false advertising, and false pretenses used to induce the worker to change the worker's place of employment, against any person who, directly or indirectly, causes the damage. (2) In addition to all actual damages the worker may have sustained, the worker is entitled to recover such reasonable attorney's fees as the court shall fix, to be taxed as costs. (d) (1) Any person who, in this or another state, hires, aids, abets, or assists in hiring, through agencies or otherwise, persons to guard with arms or deadly weapons of any kind for any such purpose, without a permit from the governor of this state, commits a Class E felony. (2) Nothing contained in subdivision (d)(1) shall be construed to interfere with the right of any person, in guarding or protecting the person's private property or private interests, as is now provided by law. (e) This section shall be construed only to apply in cases where workers are brought into this state, or induced to go from one place to another in this state by any false pretenses, false advertising or deceptive representations, or brought into this state under arms, or removed from one place to another in this state under arms. Acts 1901, ch. 104, §§ 1-4; Shan., §§ 6886a1-6886a4; Code 1932, §§ 11363-11366; T.C.A. (orig. ed.), §§ 50-204 -- 50-207; Acts 1989, ch. 591, §§ 45, 112.
(a) (1) It is unlawful for any person to induce, influence, persuade or engage workers to change from one place to another in this state, or to bring workers of any class or calling into this state to work in any type of labor in this state through or by means of false or deceptive representations, false advertising or false pretenses, concerning the kind and character of the work to be done, or the amount and character of compensation to be paid for the work, or the sanitary or other conditions of the employment, or as to the existence or nonexistence of a strike or other trouble pending between employer and employees, at the time of or prior to the engagement. (2) Failure to state in any advertisement, proposal or contract for the employment of workers that there is a strike, lockout or other labor trouble at the place of the proposed employment, when in fact the strike, lockout or other labor trouble then actually exists at the place of the proposed employment, is deemed false advertising and misrepresentation for the purposes of this section.
(1) It is unlawful for any person to induce, influence, persuade or engage workers to change from one place to another in this state, or to bring workers of any class or calling into this state to work in any type of labor in this state through or by means of false or deceptive representations, false advertising or false pretenses, concerning the kind and character of the work to be done, or the amount and character of compensation to be paid for the work, or the sanitary or other conditions of the employment, or as to the existence or nonexistence of a strike or other trouble pending between employer and employees, at the time of or prior to the engagement.
(2) Failure to state in any advertisement, proposal or contract for the employment of workers that there is a strike, lockout or other labor trouble at the place of the proposed employment, when in fact the strike, lockout or other labor trouble then actually exists at the place of the proposed employment, is deemed false advertising and misrepresentation for the purposes of this section.
(b) A violation of subsection (a) is a Class B misdemeanor.
(c) (1) Any worker who is influenced, induced or persuaded to engage with any persons mentioned in subsection (a), through or by means of any of the things prohibited in subsection (a), has a right of action for all damages that the worker has sustained in consequence of the false or deceptive representations, false advertising, and false pretenses used to induce the worker to change the worker's place of employment, against any person who, directly or indirectly, causes the damage. (2) In addition to all actual damages the worker may have sustained, the worker is entitled to recover such reasonable attorney's fees as the court shall fix, to be taxed as costs.
(1) Any worker who is influenced, induced or persuaded to engage with any persons mentioned in subsection (a), through or by means of any of the things prohibited in subsection (a), has a right of action for all damages that the worker has sustained in consequence of the false or deceptive representations, false advertising, and false pretenses used to induce the worker to change the worker's place of employment, against any person who, directly or indirectly, causes the damage.
(2) In addition to all actual damages the worker may have sustained, the worker is entitled to recover such reasonable attorney's fees as the court shall fix, to be taxed as costs.
(d) (1) Any person who, in this or another state, hires, aids, abets, or assists in hiring, through agencies or otherwise, persons to guard with arms or deadly weapons of any kind for any such purpose, without a permit from the governor of this state, commits a Class E felony. (2) Nothing contained in subdivision (d)(1) shall be construed to interfere with the right of any person, in guarding or protecting the person's private property or private interests, as is now provided by law.
(1) Any person who, in this or another state, hires, aids, abets, or assists in hiring, through agencies or otherwise, persons to guard with arms or deadly weapons of any kind for any such purpose, without a permit from the governor of this state, commits a Class E felony.
(2) Nothing contained in subdivision (d)(1) shall be construed to interfere with the right of any person, in guarding or protecting the person's private property or private interests, as is now provided by law.
(e) This section shall be construed only to apply in cases where workers are brought into this state, or induced to go from one place to another in this state by any false pretenses, false advertising or deceptive representations, or brought into this state under arms, or removed from one place to another in this state under arms.
Acts 1901, ch. 104, §§ 1-4; Shan., §§ 6886a1-6886a4; Code 1932, §§ 11363-11366; T.C.A. (orig. ed.), §§ 50-204 -- 50-207; Acts 1989, ch. 591, §§ 45, 112.
Tenn. Code Ann. § 50-5-203 — TN Code / Title 50 / Chapter 5 / Section 50-5-203
Part definitions
Status: in_force

As used in this part, unless the context otherwise requires: (1) "Artistic or creative services" means, but is not limited to, services as an actor, actress, dancer, musician, comedian, vocalist, including demonstration recordings, stunt-person, voice-over artist, model, or other performer or entertainer, or as a songwriter, musical producer or arranger, writer, director, producer, production executive, choreographer, composer, conductor, or designer, or other performing artist; and (2) "Minor" means any person who has not attained eighteen (18) years of age and has not had the disability of minority removed so as to make this part inapplicable. Acts 2003, ch. 168, § 1.
As used in this part, unless the context otherwise requires:
(1) "Artistic or creative services" means, but is not limited to, services as an actor, actress, dancer, musician, comedian, vocalist, including demonstration recordings, stunt-person, voice-over artist, model, or other performer or entertainer, or as a songwriter, musical producer or arranger, writer, director, producer, production executive, choreographer, composer, conductor, or designer, or other performing artist; and
(2) "Minor" means any person who has not attained eighteen (18) years of age and has not had the disability of minority removed so as to make this part inapplicable.
Acts 2003, ch. 168, § 1.
Tenn. Code Ann. § 50-5-211 — TN Code / Title 50 / Chapter 5 / Section 50-5-211
Notice and hearing
Status: in_force

After a petition is filed pursuant to § 50-5-208 , and following reasonable notice to all parties to the contract as is fixed by the court, the court will provide all parties to the contract with the opportunity to appear and be heard. The court may approve the contract following the hearing. Acts 2003, ch. 168, § 1.
After a petition is filed pursuant to § 50-5-208 , and following reasonable notice to all parties to the contract as is fixed by the court, the court will provide all parties to the contract with the opportunity to appear and be heard. The court may approve the contract following the hearing.
Acts 2003, ch. 168, § 1.
Tenn. Code Ann. § 50-7-708 — TN Code / Title 50 / Chapter 7 / Section 50-7-708
Protection of rights and benefits - Penalty for violations
Status: in_force

(a) (1) No agreement by an individual to waive, release or commute the individual's rights to benefits, or any other rights under this chapter, shall be valid. (2) No agreement by any individual in the employ of any person or concern to pay all or any portion of an employer's premiums, required under this chapter from the employer, shall be valid. (3) No employer shall directly or indirectly make, require or accept any deduction from wages to finance the employer's premiums required from the employer, or require or accept any waiver of any right under this chapter by any individual in the employer's employ. (4) Any employer, or officer or agent of any employer, who violates this subsection (a) commits a Class C misdemeanor. (b) (1) No individual claiming benefits shall be charged fees of any kind in any proceedings under this chapter by the commissioner's designee, the commissioner, or the commissioner's representatives, or by any court or any officer of the court; provided, that this subdivision (b)(1) shall not limit or affect the requirements of § 50-7-304(i)(5) with respect to giving bond for costs incident to the filing of a petition for certiorari for judicial review of any decision of the commissioner. Excluding attorney's fees, the uncharged fees shall be deemed a part of the expenses of administering this chapter. (2) Any individual claiming benefits in any proceedings before the commissioner's designee, the commissioner, or the commissioner's representatives, may be represented by counsel or other duly authorized agents. No counsel or agent shall either charge or receive from the individual for services rendered in representing the individual in the administrative proceedings more than any amount approved by the commissioner's designee. Any counsel or agent seeking compensation for the services shall submit a written application to the commissioner's designee for prior approval of the compensation supported by details and information that the commissioner's designee requires. (3) Any individual claiming benefits in any proceedings before a court may be represented by counsel. No counsel shall either charge or receive from the individual for services rendered in representing the individual in the judicial proceedings more than an amount approved by the court before which the matter is pending. Any counsel seeking compensation for the services shall submit a written application, if required, to the court for prior approval of the compensation supported by details and information that court requires. (4) Any person who violates this subsection (b) commits, for each offense, a Class C misdemeanor. (c) No assignment, pledge or encumbrance of any right to benefits that are or may become due or payable under this chapter shall be valid. The rights to benefits shall be exempt from levy, execution, attachment or any other remedy whatsoever provided for the collection of debt. Benefits received by any individual, so long as they are not mingled with other funds of the recipient, are exempt from any remedy whatsoever for the collection of all debts, except debts incurred for necessaries furnished to the individual or the individual's spouse or dependents during the time when the individual was unemployed. No waiver of any exemption provided for in this subsection (c) is valid. (d) In the case where a claimant has duly filed a claim for benefits and the claimant dies after the close of a week of unemployment in which the claimant was eligible and for which benefits are payable under this chapter, the division of employment security may designate any person who might in its judgment properly receive the benefits, and a receipt or an endorsement from the person so designated shall fully discharge the fund from liability for the benefits. Acts 1947, ch. 29, § 15; C. Supp. 1950, § 6901.15 (Williams, § 6901.39); T.C.A. (orig. ed.), § 50-1349; Acts 1985, ch. 317, § 3; 1985, ch. 318, §§ 79, 80; 1989, ch. 591, § 113; 2010, ch. 1042, §§ 19, 20.
(a) (1) No agreement by an individual to waive, release or commute the individual's rights to benefits, or any other rights under this chapter, shall be valid. (2) No agreement by any individual in the employ of any person or concern to pay all or any portion of an employer's premiums, required under this chapter from the employer, shall be valid. (3) No employer shall directly or indirectly make, require or accept any deduction from wages to finance the employer's premiums required from the employer, or require or accept any waiver of any right under this chapter by any individual in the employer's employ. (4) Any employer, or officer or agent of any employer, who violates this subsection (a) commits a Class C misdemeanor.
(1) No agreement by an individual to waive, release or commute the individual's rights to benefits, or any other rights under this chapter, shall be valid.
(2) No agreement by any individual in the employ of any person or concern to pay all or any portion of an employer's premiums, required under this chapter from the employer, shall be valid.
(3) No employer shall directly or indirectly make, require or accept any deduction from wages to finance the employer's premiums required from the employer, or require or accept any waiver of any right under this chapter by any individual in the employer's employ.
(4) Any employer, or officer or agent of any employer, who violates this subsection (a) commits a Class C misdemeanor.
(b) (1) No individual claiming benefits shall be charged fees of any kind in any proceedings under this chapter by the commissioner's designee, the commissioner, or the commissioner's representatives, or by any court or any officer of the court; provided, that this subdivision (b)(1) shall not limit or affect the requirements of § 50-7-304(i)(5) with respect to giving bond for costs incident to the filing of a petition for certiorari for judicial review of any decision of the commissioner. Excluding attorney's fees, the uncharged fees shall be deemed a part of the expenses of administering this chapter. (2) Any individual claiming benefits in any proceedings before the commissioner's designee, the commissioner, or the commissioner's representatives, may be represented by counsel or other duly authorized agents. No counsel or agent shall either charge or receive from the individual for services rendered in representing the individual in the administrative proceedings more than any amount approved by the commissioner's designee. Any counsel or agent seeking compensation for the services shall submit a written application to the commissioner's designee for prior approval of the compensation supported by details and information that the commissioner's designee requires. (3) Any individual claiming benefits in any proceedings before a court may be represented by counsel. No counsel shall either charge or receive from the individual for services rendered in representing the individual in the judicial proceedings more than an amount approved by the court before which the matter is pending. Any counsel seeking compensation for the services shall submit a written application, if required, to the court for prior approval of the compensation supported by details and information that court requires. (4) Any person who violates this subsection (b) commits, for each offense, a Class C misdemeanor.
(1) No individual claiming benefits shall be charged fees of any kind in any proceedings under this chapter by the commissioner's designee, the commissioner, or the commissioner's representatives, or by any court or any officer of the court; provided, that this subdivision (b)(1) shall not limit or affect the requirements of § 50-7-304(i)(5) with respect to giving bond for costs incident to the filing of a petition for certiorari for judicial review of any decision of the commissioner. Excluding attorney's fees, the uncharged fees shall be deemed a part of the expenses of administering this chapter.
(2) Any individual claiming benefits in any proceedings before the commissioner's designee, the commissioner, or the commissioner's representatives, may be represented by counsel or other duly authorized agents. No counsel or agent shall either charge or receive from the individual for services rendered in representing the individual in the administrative proceedings more than any amount approved by the commissioner's designee. Any counsel or agent seeking compensation for the services shall submit a written application to the commissioner's designee for prior approval of the compensation supported by details and information that the commissioner's designee requires.
(3) Any individual claiming benefits in any proceedings before a court may be represented by counsel. No counsel shall either charge or receive from the individual for services rendered in representing the individual in the judicial proceedings more than an amount approved by the court before which the matter is pending. Any counsel seeking compensation for the services shall submit a written application, if required, to the court for prior approval of the compensation supported by details and information that court requires.
(4) Any person who violates this subsection (b) commits, for each offense, a Class C misdemeanor.
(c) No assignment, pledge or encumbrance of any right to benefits that are or may become due or payable under this chapter shall be valid. The rights to benefits shall be exempt from levy, execution, attachment or any other remedy whatsoever provided for the collection of debt. Benefits received by any individual, so long as they are not mingled with other funds of the recipient, are exempt from any remedy whatsoever for the collection of all debts, except debts incurred for necessaries furnished to the individual or the individual's spouse or dependents during the time when the individual was unemployed. No waiver of any exemption provided for in this subsection (c) is valid.
(d) In the case where a claimant has duly filed a claim for benefits and the claimant dies after the close of a week of unemployment in which the claimant was eligible and for which benefits are payable under this chapter, the division of employment security may designate any person who might in its judgment properly receive the benefits, and a receipt or an endorsement from the person so designated shall fully discharge the fund from liability for the benefits.
Acts 1947, ch. 29, § 15; C. Supp. 1950, § 6901.15 (Williams, § 6901.39); T.C.A. (orig. ed.), § 50-1349; Acts 1985, ch. 317, § 3; 1985, ch. 318, §§ 79, 80; 1989, ch. 591, § 113; 2010, ch. 1042, §§ 19, 20.
Tenn. Code Ann. § 50-1-505 — TN Code / Title 50 / Chapter 1 / Section 50-1-505
Injunction against person who commits harassment against employee of county, municipal, or metropolitan government
Status: in_force

A county, municipal, or metropolitan government may, through its attorney, seek an injunction against a person who commits harassment against an employee. The injunction may be sought in any court of competent jurisdiction having the power to grant injunctions. Nothing in this section shall be construed to authorize any cause of action unrelated to a person's status as an employee. Added by 2019 Tenn. Acts, ch. 331,s 2, eff. 5/10/2019.
A county, municipal, or metropolitan government may, through its attorney, seek an injunction against a person who commits harassment against an employee. The injunction may be sought in any court of competent jurisdiction having the power to grant injunctions. Nothing in this section shall be construed to authorize any cause of action unrelated to a person's status as an employee.
Added by 2019 Tenn. Acts, ch. 331,s 2, eff. 5/10/2019.
Tenn. Code Ann. § 50-7-912 — TN Code / Title 50 / Chapter 7 / Section 50-7-912
Shared work benefits
Status: in_force

(a) Shared work benefits are charged to the employer's experience rating accounts in the same manner as unemployment benefits are charged under this chapter. (b) Employers liable for payments in lieu of contributions must have shared work benefits attributed to service in their employ in the same manner as unemployment benefits are attributed. Added by 2022 Tenn. Acts, ch. 1086, s 1, eff. 12/1/2023.
(a) Shared work benefits are charged to the employer's experience rating accounts in the same manner as unemployment benefits are charged under this chapter.
(b) Employers liable for payments in lieu of contributions must have shared work benefits attributed to service in their employ in the same manner as unemployment benefits are attributed.
Added by 2022 Tenn. Acts, ch. 1086, s 1, eff. 12/1/2023.
Tenn. Code Ann. § 50-7-211 — TN Code / Title 50 / Chapter 7 / Section 50-7-211
"Unemployed" defined
Status: in_force

(a) An individual shall be deemed "unemployed" in any week during which the individual performs no services and with respect to which no wages are payable to the individual, or in any week of less than full-time work if the wages payable to the individual with respect to the week are less than the individual's weekly benefit amount. (b) The commissioner shall prescribe rules and regulations applicable to unemployed individuals, making distinctions in the procedures as to total unemployment, part total unemployment, partial unemployment of individuals attached to their regular jobs, and other forms of short-time work that the commissioner deems necessary. Acts 1947, ch. 29, § 2; C. Supp. 1950, § 6901.2 (Williams, § 6901.26); T.C.A. (orig. ed.), § 50-1313.
(a) An individual shall be deemed "unemployed" in any week during which the individual performs no services and with respect to which no wages are payable to the individual, or in any week of less than full-time work if the wages payable to the individual with respect to the week are less than the individual's weekly benefit amount.
(b) The commissioner shall prescribe rules and regulations applicable to unemployed individuals, making distinctions in the procedures as to total unemployment, part total unemployment, partial unemployment of individuals attached to their regular jobs, and other forms of short-time work that the commissioner deems necessary.
Acts 1947, ch. 29, § 2; C. Supp. 1950, § 6901.2 (Williams, § 6901.26); T.C.A. (orig. ed.), § 50-1313.
Tenn. Code Ann. § 50-1-307 — TN Code / Title 50 / Chapter 1 / Section 50-1-307
Volunteer firefighters - Rights against termination
Status: in_force

(a) No employer shall terminate an employee who is a volunteer firefighter solely because the employee, when acting as a volunteer firefighter, is absent or late to the employee's employment in order to respond to an emergency prior to the time the employee is to report to employee's place of employment. (b) An employer may charge against the employee's regular pay any time that an employee who is a volunteer firefighter loses from employment because of the employee's response to an emergency. (c) An employer has the right to request an employee who loses time from the employee's employment to respond to an emergency to provide the employer with a written statement from the supervisor or acting supervisor of the volunteer fire department stating that the employee responded to an emergency and list the time and date of the emergency. (d) Any employee who is absent or late to the employee's employment in order to respond to an emergency shall make a reasonable effort to notify the employee's employer that the employee may be absent or late. (e) Any employee terminated in violation of this section may bring a civil action against the employee's employer. The employee may seek reinstatement to the employee's former position, payment of back wages, reinstatement of fringe benefits, and where seniority rights are granted, the reinstatement of seniority rights. The employee has one (1) year from the date of a violation of this section to file an action. Acts 2003, ch. 148, § 1.
(a) No employer shall terminate an employee who is a volunteer firefighter solely because the employee, when acting as a volunteer firefighter, is absent or late to the employee's employment in order to respond to an emergency prior to the time the employee is to report to employee's place of employment.
(b) An employer may charge against the employee's regular pay any time that an employee who is a volunteer firefighter loses from employment because of the employee's response to an emergency.
(c) An employer has the right to request an employee who loses time from the employee's employment to respond to an emergency to provide the employer with a written statement from the supervisor or acting supervisor of the volunteer fire department stating that the employee responded to an emergency and list the time and date of the emergency.
(d) Any employee who is absent or late to the employee's employment in order to respond to an emergency shall make a reasonable effort to notify the employee's employer that the employee may be absent or late.
(e) Any employee terminated in violation of this section may bring a civil action against the employee's employer. The employee may seek reinstatement to the employee's former position, payment of back wages, reinstatement of fringe benefits, and where seniority rights are granted, the reinstatement of seniority rights. The employee has one (1) year from the date of a violation of this section to file an action.
Acts 2003, ch. 148, § 1.
Tenn. Code Ann. § 50-7-702 — TN Code / Title 50 / Chapter 7 / Section 50-7-702
Oaths and witnesses - Disputed claims - Evidence
Status: in_force

In the discharge of the duties imposed by this part, an unemployment hearing officer, the commissioner, the commissioner's designee, and any duly authorized representative of any of them shall have power to administer oaths and affirmations, take depositions, certify to official acts, and issue subpoenas to compel the attendance of witnesses, and the production of books, papers, correspondence, memoranda and other records deemed necessary as evidence in connection with a disputed claim or the administration of this part. Acts 1947, ch. 29, § 11; C. Supp. 1950, § 6901.11 (Williams, § 6901.35); T.C.A. (orig. ed.), § 50-1340; Acts 2003, ch. 191, § 7; 2010, ch. 1042, § 17.
In the discharge of the duties imposed by this part, an unemployment hearing officer, the commissioner, the commissioner's designee, and any duly authorized representative of any of them shall have power to administer oaths and affirmations, take depositions, certify to official acts, and issue subpoenas to compel the attendance of witnesses, and the production of books, papers, correspondence, memoranda and other records deemed necessary as evidence in connection with a disputed claim or the administration of this part.
Acts 1947, ch. 29, § 11; C. Supp. 1950, § 6901.11 (Williams, § 6901.35); T.C.A. (orig. ed.), § 50-1340; Acts 2003, ch. 191, § 7; 2010, ch. 1042, § 17.
Tenn. Code Ann. § 50-6-234 — TN Code / Title 50 / Chapter 6 / Section 50-6-234
Discontinuance or change in temporary disability benefits by employer - Resumption or increase of benefits
Status: in_force

(a) In any case when the employer has commenced paying temporary disability benefits to the employee and has then stopped or changed the benefits for any cause other than failure of an employee to submit to employer requests for reasonable medical examinations by the treating physician or final settlement, the employee may request the assistance of a workers' compensation mediator who shall mediate the dispute, in accordance with § 50-6-236 . If the dispute is not resolved by agreement, the parties may submit the dispute to a workers' compensation judge for resolution after the workers' compensation mediator has issued a dispute certification notice in accordance with § 50-6-236 . (b) After temporary disability payments have commenced, when the injured employee reaches maximum medical improvement and the compensability of the injury has not been contested by the employer, then payments shall continue until the injured employee accepts or rejects a job offered by any employer at a wage equal to or greater than the employee's pre-injury wage, if the employee is able to perform the duties of the position within any restrictions placed on the employee by the physician selected pursuant to § 50-6-204 . In no case may temporary payments pursuant to this subsection (b) exceed the lesser of sixty (60) days or the value of the employee's permanent partial disability award calculated solely upon the medical impairment; provided, that these limits may be exceeded if agreed to by all parties. The amount of the payment shall be credited against any permanent award. For purposes of this subsection (b), the determination of attainment of maximum medical improvement and the employee's medical impairment shall be made by the physician selected in accordance with § 50-6-204 . Nothing in this subsection (b) shall require an employer to return any employee to work. Acts 1990, ch. 656, § 1; 1996, ch. 944, § 21; 2006, ch. 1014, § 4; 2013, ch. 289, § 74.
(a) In any case when the employer has commenced paying temporary disability benefits to the employee and has then stopped or changed the benefits for any cause other than failure of an employee to submit to employer requests for reasonable medical examinations by the treating physician or final settlement, the employee may request the assistance of a workers' compensation mediator who shall mediate the dispute, in accordance with § 50-6-236 . If the dispute is not resolved by agreement, the parties may submit the dispute to a workers' compensation judge for resolution after the workers' compensation mediator has issued a dispute certification notice in accordance with § 50-6-236 .
(b) After temporary disability payments have commenced, when the injured employee reaches maximum medical improvement and the compensability of the injury has not been contested by the employer, then payments shall continue until the injured employee accepts or rejects a job offered by any employer at a wage equal to or greater than the employee's pre-injury wage, if the employee is able to perform the duties of the position within any restrictions placed on the employee by the physician selected pursuant to § 50-6-204 . In no case may temporary payments pursuant to this subsection (b) exceed the lesser of sixty (60) days or the value of the employee's permanent partial disability award calculated solely upon the medical impairment; provided, that these limits may be exceeded if agreed to by all parties. The amount of the payment shall be credited against any permanent award. For purposes of this subsection (b), the determination of attainment of maximum medical improvement and the employee's medical impairment shall be made by the physician selected in accordance with § 50-6-204 . Nothing in this subsection (b) shall require an employer to return any employee to work.
Acts 1990, ch. 656, § 1; 1996, ch. 944, § 21; 2006, ch. 1014, § 4; 2013, ch. 289, § 74.
Tenn. Code Ann. § 50-3-912 — TN Code / Title 50 / Chapter 3 / Section 50-3-912
Report of failure of government programs
Status: in_force

If the commissioner has reason to believe that any local government program of compliance is ineffective, the commissioner shall, after unsuccessfully seeking by negotiation to abate the failure, include this fact in the commissioner's annual report to the governor and the general assembly, together with the reasons for the belief that the local government program of compliance is ineffective, and may recommend legislation intended to correct the condition. Acts 1972, ch. 561, § 19; 1974, ch. 585, § 37; T.C.A., § 50-573; Acts 1999, ch. 520, § 41.
If the commissioner has reason to believe that any local government program of compliance is ineffective, the commissioner shall, after unsuccessfully seeking by negotiation to abate the failure, include this fact in the commissioner's annual report to the governor and the general assembly, together with the reasons for the belief that the local government program of compliance is ineffective, and may recommend legislation intended to correct the condition.
Acts 1972, ch. 561, § 19; 1974, ch. 585, § 37; T.C.A., § 50-573; Acts 1999, ch. 520, § 41.
Tenn. Code Ann. § 50-1-205 — TN Code / Title 50 / Chapter 1 / Section 50-1-205
Penalty
Status: in_force

(a) Any person, firm, corporation or association of any kind violating any of the provisions of this part commits a Class A misdemeanor. (b) Each day that any person, firm, corporation or association of any kind remains in violation of this part is deemed to be a separate and distinct offense, punishable in accordance with this section. Acts 1947, ch. 36, § 5; C. Supp. 1950, § 11366.6 (Williams, § 11412.12); T.C.A. (orig. ed.), § 50-212; Acts 1989, ch. 591, § 111; T.C.A. § 50-1-204 ; Acts 2011, ch. 178, §§ 1, 2.
(a) Any person, firm, corporation or association of any kind violating any of the provisions of this part commits a Class A misdemeanor.
(b) Each day that any person, firm, corporation or association of any kind remains in violation of this part is deemed to be a separate and distinct offense, punishable in accordance with this section.
Acts 1947, ch. 36, § 5; C. Supp. 1950, § 11366.6 (Williams, § 11412.12); T.C.A. (orig. ed.), § 50-212; Acts 1989, ch. 591, § 111; T.C.A. § 50-1-204 ; Acts 2011, ch. 178, §§ 1, 2.
Tenn. Code Ann. § 50-7-104 — TN Code / Title 50 / Chapter 7 / Section 50-7-104
Invalidating clause - Conformity to federal law
Status: in_force

(a) If the tax imposed by §§ 3301-3308 of the Internal Revenue Code of 1954 ( 26 U.S.C. §§ 3301 - 3308 ) or any other federal tax against which premiums under this chapter may be credited, has been amended or repealed by congress, or has been held unconstitutional by the supreme court of the United States, with the result that premiums under this chapter, or a major portion of the premiums, may no longer be credited against the federal tax, then no further premiums under this chapter shall be made. (b) This chapter is to be construed in pari materia with the federal Unemployment Tax Act ( 26 U.S.C. § 3301 et seq.), the federal Social Security Act ( 42 U.S.C. § 301 et seq.), and any other related federal law and is to be construed in accordance with the construction placed on those acts to the extent the construction is relevant to this chapter, it being the intent of the general assembly that this chapter was adopted with the intent to conform with the federal laws, and, therefore, any section, paragraph, clause or portion of this chapter that is declared by lawful authority not to conform to the law or laws shall be void and of no effect. Further, that it is the intent of the general assembly to enact the remaining portions of this chapter that are in conformity with the relevant provisions of the federal law or laws if some portions of this chapter are declared not to conform with the federal requirements. (c) If any federal law or laws or any portions of the law or laws effectively requiring state unemployment compensation laws to cover services performed in the employ of governmental employers referred to in § 50-7-207(b)(3) should be repealed by congress or held unconstitutional by any action of the supreme court of the United States, no further premiums or payments in lieu of premiums shall be made by the employers, and the services will no longer be considered covered by this chapter. Acts 1947, ch. 29, § 20; C. Supp. 1950, § 6901.20 (Williams, § 6901.44); Acts 1967, ch. 208, § 6; 1971, ch. 204, § 14; 1977, ch. 330, § 30; 1978, ch. 744, § 18; T.C.A. (orig. ed.), § 50-1358; Acts 1985, ch. 318, §§ 1, 2.
(a) If the tax imposed by §§ 3301-3308 of the Internal Revenue Code of 1954 ( 26 U.S.C. §§ 3301 - 3308 ) or any other federal tax against which premiums under this chapter may be credited, has been amended or repealed by congress, or has been held unconstitutional by the supreme court of the United States, with the result that premiums under this chapter, or a major portion of the premiums, may no longer be credited against the federal tax, then no further premiums under this chapter shall be made.
(b) This chapter is to be construed in pari materia with the federal Unemployment Tax Act ( 26 U.S.C. § 3301 et seq.), the federal Social Security Act ( 42 U.S.C. § 301 et seq.), and any other related federal law and is to be construed in accordance with the construction placed on those acts to the extent the construction is relevant to this chapter, it being the intent of the general assembly that this chapter was adopted with the intent to conform with the federal laws, and, therefore, any section, paragraph, clause or portion of this chapter that is declared by lawful authority not to conform to the law or laws shall be void and of no effect. Further, that it is the intent of the general assembly to enact the remaining portions of this chapter that are in conformity with the relevant provisions of the federal law or laws if some portions of this chapter are declared not to conform with the federal requirements.
(c) If any federal law or laws or any portions of the law or laws effectively requiring state unemployment compensation laws to cover services performed in the employ of governmental employers referred to in § 50-7-207(b)(3) should be repealed by congress or held unconstitutional by any action of the supreme court of the United States, no further premiums or payments in lieu of premiums shall be made by the employers, and the services will no longer be considered covered by this chapter.
Acts 1947, ch. 29, § 20; C. Supp. 1950, § 6901.20 (Williams, § 6901.44); Acts 1967, ch. 208, § 6; 1971, ch. 204, § 14; 1977, ch. 330, § 30; 1978, ch. 744, § 18; T.C.A. (orig. ed.), § 50-1358; Acts 1985, ch. 318, §§ 1, 2.
Tenn. Code Ann. § 50-7-605 — TN Code / Title 50 / Chapter 7 / Section 50-7-605
Personnel
Status: in_force

(a) (1) Subject to this chapter, the commissioner is authorized to appoint, fix the compensation and prescribe the duties and powers of officers, accountants, attorneys, experts and other persons necessary in the performance of the commissioner's duties. (2) All positions except those provided for in § 50-7-714 shall be filled by persons selected and appointed on a nonpartisan merit basis. (3) The commissioner shall provide for the holding of examinations to determine the qualifications of applicants for the positions so classified, and, except for temporary appointments not to exceed six (6) months in duration, shall appoint the personnel on the basis of efficiency and fitness as determined in the examinations. (4) The commissioner shall not appoint or employ any person who is an officer or committee member of any political party organization or who holds, or is a candidate for, any elective public office. (5) The commissioner may delegate to any person so appointed the power and authority the commissioner deems reasonable and proper for the effective administration of this chapter, and may, in the commissioner's discretion, require bond of any person handling moneys or signing checks or warrants under this chapter, and the premiums on the bond shall be paid from the administrative fund. (b) The provisions of this section as to the holding of examinations and the making of appointments on the basis of the examinations shall be inoperative so long as the state has in effect a civil service system applicable to the department of labor and workforce development. Acts 1947, ch. 29, § 11; C. Supp. 1950, § 6901.11 (Williams, § 6901.35); T.C.A. (orig. ed.), § 50-1336; Acts 1983, ch. 371, § 1; 1999, ch. 520, § 41.
(a) (1) Subject to this chapter, the commissioner is authorized to appoint, fix the compensation and prescribe the duties and powers of officers, accountants, attorneys, experts and other persons necessary in the performance of the commissioner's duties. (2) All positions except those provided for in § 50-7-714 shall be filled by persons selected and appointed on a nonpartisan merit basis. (3) The commissioner shall provide for the holding of examinations to determine the qualifications of applicants for the positions so classified, and, except for temporary appointments not to exceed six (6) months in duration, shall appoint the personnel on the basis of efficiency and fitness as determined in the examinations. (4) The commissioner shall not appoint or employ any person who is an officer or committee member of any political party organization or who holds, or is a candidate for, any elective public office. (5) The commissioner may delegate to any person so appointed the power and authority the commissioner deems reasonable and proper for the effective administration of this chapter, and may, in the commissioner's discretion, require bond of any person handling moneys or signing checks or warrants under this chapter, and the premiums on the bond shall be paid from the administrative fund.
(1) Subject to this chapter, the commissioner is authorized to appoint, fix the compensation and prescribe the duties and powers of officers, accountants, attorneys, experts and other persons necessary in the performance of the commissioner's duties.
(2) All positions except those provided for in § 50-7-714 shall be filled by persons selected and appointed on a nonpartisan merit basis.
(3) The commissioner shall provide for the holding of examinations to determine the qualifications of applicants for the positions so classified, and, except for temporary appointments not to exceed six (6) months in duration, shall appoint the personnel on the basis of efficiency and fitness as determined in the examinations.
(4) The commissioner shall not appoint or employ any person who is an officer or committee member of any political party organization or who holds, or is a candidate for, any elective public office.
(5) The commissioner may delegate to any person so appointed the power and authority the commissioner deems reasonable and proper for the effective administration of this chapter, and may, in the commissioner's discretion, require bond of any person handling moneys or signing checks or warrants under this chapter, and the premiums on the bond shall be paid from the administrative fund.
(b) The provisions of this section as to the holding of examinations and the making of appointments on the basis of the examinations shall be inoperative so long as the state has in effect a civil service system applicable to the department of labor and workforce development.
Acts 1947, ch. 29, § 11; C. Supp. 1950, § 6901.11 (Williams, § 6901.35); T.C.A. (orig. ed.), § 50-1336; Acts 1983, ch. 371, § 1; 1999, ch. 520, § 41.
Tenn. Code Ann. § 50-1-314 — TN Code / Title 50 / Chapter 1 / Section 50-1-314
Cause of action for unlawful discharge of employee who is public servant
Status: in_force

(a) A public servant who was terminated by the public servant's employer or agent of the employer in violation of § 39-16-506 may bring a cause of action against the employer for unlawful discharge and any other damages to which the employee may be entitled, subject to the limitations set out in § 4-21-313 , and: (1) Treble the amount of damages resulting from or incident to the unlawful discharge; and (2) Reasonable attorney fees and costs. (b) If a public servant files a cause of action under this section for any improper purpose, such as to harass or to cause needless increase in costs to an employer, the court, upon motion or upon its own initiative, shall impose upon the public servant an appropriate sanction, which may include an order to pay the other party or parties the amount of reasonable expenses incurred, including reasonable attorney's fees. (c) In any cause of action for discharge brought pursuant to this section, the plaintiff shall have the burden of establishing a prima facie case of unlawful discharge. If the plaintiff satisfies this burden, the burden shall then be on the defendant to produce evidence that one (1) or more legitimate, nondiscriminatory reasons existed for the plaintiff's discharge. The burden on the defendant is one of production and not persuasion. If the defendant produces such evidence, the presumption of discrimination raised by the plaintiff's prima facie case is rebutted, and the burden shifts to the plaintiff to demonstrate that the reason given by the defendant was not the true reason for the plaintiff's discharge and that the stated reason was a pretext for unlawful discharge. The foregoing allocations of burdens of proof shall apply at all stages of the proceedings, including motions for summary judgment. The plaintiff at all times retains the burden of persuading the trier of fact that the plaintiff has been the victim of unlawful discharge. (d) This section abrogates and supersedes the common law with respect to any claim that could have been brought under this section. Added by 2022 Tenn. Acts, ch. 1142, s 3, eff. 7/1/2022.
(a) A public servant who was terminated by the public servant's employer or agent of the employer in violation of § 39-16-506 may bring a cause of action against the employer for unlawful discharge and any other damages to which the employee may be entitled, subject to the limitations set out in § 4-21-313 , and: (1) Treble the amount of damages resulting from or incident to the unlawful discharge; and (2) Reasonable attorney fees and costs.
(1) Treble the amount of damages resulting from or incident to the unlawful discharge; and
(2) Reasonable attorney fees and costs.
(b) If a public servant files a cause of action under this section for any improper purpose, such as to harass or to cause needless increase in costs to an employer, the court, upon motion or upon its own initiative, shall impose upon the public servant an appropriate sanction, which may include an order to pay the other party or parties the amount of reasonable expenses incurred, including reasonable attorney's fees.
(c) In any cause of action for discharge brought pursuant to this section, the plaintiff shall have the burden of establishing a prima facie case of unlawful discharge. If the plaintiff satisfies this burden, the burden shall then be on the defendant to produce evidence that one (1) or more legitimate, nondiscriminatory reasons existed for the plaintiff's discharge. The burden on the defendant is one of production and not persuasion. If the defendant produces such evidence, the presumption of discrimination raised by the plaintiff's prima facie case is rebutted, and the burden shifts to the plaintiff to demonstrate that the reason given by the defendant was not the true reason for the plaintiff's discharge and that the stated reason was a pretext for unlawful discharge. The foregoing allocations of burdens of proof shall apply at all stages of the proceedings, including motions for summary judgment. The plaintiff at all times retains the burden of persuading the trier of fact that the plaintiff has been the victim of unlawful discharge.
(d) This section abrogates and supersedes the common law with respect to any claim that could have been brought under this section.
Added by 2022 Tenn. Acts, ch. 1142, s 3, eff. 7/1/2022.
Tenn. Code Ann. § 50-3-505 — TN Code / Title 50 / Chapter 3 / Section 50-3-505
Enforcement of part and criminal penalties
Status: in_force

The commissioner of labor and workforce development may seek enforcement of this part, and may offer to any district attorney general assistance that may be appropriate and feasible for the purpose of giving effect to this part, including the services of staff attorneys. Acts 1972, ch. 561, § 12; 1974, ch. 585, §§ 22, 36; 1977, ch. 111, § 25; T.C.A., § 50-544; Acts 1999, ch. 520, § 41.
The commissioner of labor and workforce development may seek enforcement of this part, and may offer to any district attorney general assistance that may be appropriate and feasible for the purpose of giving effect to this part, including the services of staff attorneys.
Acts 1972, ch. 561, § 12; 1974, ch. 585, §§ 22, 36; 1977, ch. 111, § 25; T.C.A., § 50-544; Acts 1999, ch. 520, § 41.
Tenn. Code Ann. § 50-2-108 — TN Code / Title 50 / Chapter 2 / Section 50-2-108
Collection of claims and judgments for wages
Status: in_force

(a) In addition to the powers and duties of the commissioner of labor and workforce development specified elsewhere in this code, the commissioner is authorized and empowered to enter into reciprocal agreements with the labor department or corresponding agency of any other state or with the person, board, officer or commission authorized to act on behalf of the department or agency, for the collection in the other state of claims and judgments for wages based upon claims assigned to the commissioner. (b) The commissioner may, to the extent provided for by any reciprocal agreement entered into by law or with any agency of another state as provided in this section, maintain actions in the courts of the other state for the collection of claims and judgments for wages, and may assign the claims and judgments to the labor department or agency of the other state for collection to the extent that the assignment may be permitted or provided for by the law of the state or by reciprocal agreement. (c) The commissioner may, upon the written consent of the labor department or other corresponding agency of any other state or of any person, board, officer or commission of the state authorized to act on behalf of the labor department or corresponding agency, maintain actions in the courts of this state upon assigned claims and judgments for wages arising in the other state in the same manner and to the same extent that such actions by the commissioner are authorized when arising in this state. However, the actions may be maintained only in cases where the other state by law or reciprocal agreement extends a like comity to cases arising in this state. Acts 1992, ch. 670, § 1; 1999, ch. 520, § 41.
(a) In addition to the powers and duties of the commissioner of labor and workforce development specified elsewhere in this code, the commissioner is authorized and empowered to enter into reciprocal agreements with the labor department or corresponding agency of any other state or with the person, board, officer or commission authorized to act on behalf of the department or agency, for the collection in the other state of claims and judgments for wages based upon claims assigned to the commissioner.
(b) The commissioner may, to the extent provided for by any reciprocal agreement entered into by law or with any agency of another state as provided in this section, maintain actions in the courts of the other state for the collection of claims and judgments for wages, and may assign the claims and judgments to the labor department or agency of the other state for collection to the extent that the assignment may be permitted or provided for by the law of the state or by reciprocal agreement.
(c) The commissioner may, upon the written consent of the labor department or other corresponding agency of any other state or of any person, board, officer or commission of the state authorized to act on behalf of the labor department or corresponding agency, maintain actions in the courts of this state upon assigned claims and judgments for wages arising in the other state in the same manner and to the same extent that such actions by the commissioner are authorized when arising in this state. However, the actions may be maintained only in cases where the other state by law or reciprocal agreement extends a like comity to cases arising in this state.
Acts 1992, ch. 670, § 1; 1999, ch. 520, § 41.
Tenn. Code Ann. § 50-3-105 — TN Code / Title 50 / Chapter 3 / Section 50-3-105
Employers' rights and duties
Status: in_force

Rights and duties of employers include, but are not limited to, the following: (1) Each employer shall furnish to each of its employees conditions of employment and a place of employment free from recognized hazards that are causing or are likely to cause death or serious injury or harm to its employees; (2) Each employer shall comply with occupational safety and health standards or regulations promulgated pursuant to this chapter; (3) Each employer shall refrain from any unreasonable restraint on the right of the commissioner to inspect the employer's place of business. Each employer shall assist the commissioner in the performance of the commissioner's inspection duties by supplying or by making available information, personnel or inspection aids reasonably necessary to the effective conduct of the inspection; (4) Any employer, or association of employers, is entitled to participate in the development of standards by submission of comments on proposed standards, participation in hearings on proposed standards, or by requesting the development of standards on a given issue, under § 50-3-201 ; (5) Any employer is entitled, under § 50-3-307 , to a review of any citation issued because of the employer's alleged violation of any standard promulgated under this chapter; (6) Any employer is entitled, under §§ 50-3-402 - 50-3-408, to a review of any penalty in the form of civil damages assessed against the employer because of the employer's alleged violation of this chapter; (7) Any employer is entitled, under part 6 of this chapter, to seek an order granting a variance from an occupational safety or health standard; and (8) Any employer is entitled, under § 50-3-914 , to protection of the employer's trade secrets and other legally privileged communications. Acts 1972, ch. 561, § 4; 1974, ch. 585, §§ 4-7; 1977, ch. 111, § 3; impl. am. Acts 1977, ch. 111, § 44; T.C.A., § 50-505; Acts 1999, ch. 520, § 41.
Rights and duties of employers include, but are not limited to, the following:
(1) Each employer shall furnish to each of its employees conditions of employment and a place of employment free from recognized hazards that are causing or are likely to cause death or serious injury or harm to its employees;
(2) Each employer shall comply with occupational safety and health standards or regulations promulgated pursuant to this chapter;
(3) Each employer shall refrain from any unreasonable restraint on the right of the commissioner to inspect the employer's place of business. Each employer shall assist the commissioner in the performance of the commissioner's inspection duties by supplying or by making available information, personnel or inspection aids reasonably necessary to the effective conduct of the inspection;
(4) Any employer, or association of employers, is entitled to participate in the development of standards by submission of comments on proposed standards, participation in hearings on proposed standards, or by requesting the development of standards on a given issue, under § 50-3-201 ;
(5) Any employer is entitled, under § 50-3-307 , to a review of any citation issued because of the employer's alleged violation of any standard promulgated under this chapter;
(6) Any employer is entitled, under §§ 50-3-402 - 50-3-408, to a review of any penalty in the form of civil damages assessed against the employer because of the employer's alleged violation of this chapter;
(7) Any employer is entitled, under part 6 of this chapter, to seek an order granting a variance from an occupational safety or health standard; and
(8) Any employer is entitled, under § 50-3-914 , to protection of the employer's trade secrets and other legally privileged communications.
Acts 1972, ch. 561, § 4; 1974, ch. 585, §§ 4-7; 1977, ch. 111, § 3; impl. am. Acts 1977, ch. 111, § 44; T.C.A., § 50-505; Acts 1999, ch. 520, § 41.
Tenn. Code Ann. § 50-6-910 — TN Code / Title 50 / Chapter 6 / Section 50-6-910
Action to recover damages
Status: in_force

(a) Any action to recover damages for injury, as defined by § 50-6-102 , by a construction services provider shall proceed as at common law, and the defendant in the suit may make use of all common law defenses if, at the time of the injury, the construction services provider was: (1) Listed on the registry as having a workers' compensation exemption and working in the service of a business entity through which the construction services provider obtained such an exemption; (2) Not covered under a policy of workers' compensation insurance maintained by the person or entity for whom the provider was providing services at the time of such injury; and (3) Eligible for an exemption pursuant to § 50-6-914(b)(2) , if such eligibility requirements apply, at the time of such injury. (b) Any construction services provider proceeding as at common law pursuant to subsection (a) shall forego the right to sue to establish or reestablish workers' compensation coverage. Acts 2010, ch. 1149, § 13; 2011, ch. 422, § 9.
(a) Any action to recover damages for injury, as defined by § 50-6-102 , by a construction services provider shall proceed as at common law, and the defendant in the suit may make use of all common law defenses if, at the time of the injury, the construction services provider was: (1) Listed on the registry as having a workers' compensation exemption and working in the service of a business entity through which the construction services provider obtained such an exemption; (2) Not covered under a policy of workers' compensation insurance maintained by the person or entity for whom the provider was providing services at the time of such injury; and (3) Eligible for an exemption pursuant to § 50-6-914(b)(2) , if such eligibility requirements apply, at the time of such injury.
(1) Listed on the registry as having a workers' compensation exemption and working in the service of a business entity through which the construction services provider obtained such an exemption;
(2) Not covered under a policy of workers' compensation insurance maintained by the person or entity for whom the provider was providing services at the time of such injury; and
(3) Eligible for an exemption pursuant to § 50-6-914(b)(2) , if such eligibility requirements apply, at the time of such injury.
(b) Any construction services provider proceeding as at common law pursuant to subsection (a) shall forego the right to sue to establish or reestablish workers' compensation coverage.
Acts 2010, ch. 1149, § 13; 2011, ch. 422, § 9.
Tenn. Code Ann. § 50-7-903 — TN Code / Title 50 / Chapter 7 / Section 50-7-903
Construction
Status: in_force

This part does not preclude an otherwise eligible claimant from drawing total or partial unemployment benefits when the claimant has exhausted the claimant's shared work benefits. Added by 2022 Tenn. Acts, ch. 1086, s 1, eff. 12/1/2023.
This part does not preclude an otherwise eligible claimant from drawing total or partial unemployment benefits when the claimant has exhausted the claimant's shared work benefits.
Added by 2022 Tenn. Acts, ch. 1086, s 1, eff. 12/1/2023.
Tenn. Code Ann. § 50-11-106 — TN Code / Title 50 / Chapter 11 / Section 50-11-106
Activities not prohibited
Status: in_force

(a) This chapter does not: (1) Require a sponsor of a pre-apprenticeship or apprenticeship to register with the office of apprenticeship; (2) Affect funds duly distributed to a state agency, college or university, or other entity receiving state or federal funds in support of apprenticeship activities; or (3) Affect the department of education's status as the eligible agency to receive and administer career and technical education funding under the federal Carl D. Perkins Career and Technical Education Act of 2006 ( 20 U.S.C. § 2301 et seq.). (b) The office of apprenticeship, with the consent of the sponsor, shall permit the apprenticeship intermediary to provide the required technical instruction and technical assistance, including the implementation of the competency frameworks established in § 50-11-104(b) that are aligned to the on-the-job training for apprenticeship programs registered or certified by the office of apprenticeship. Added by 2021 Tenn. Acts, ch. 397, s 1, eff. 5/11/2021.
(a) This chapter does not: (1) Require a sponsor of a pre-apprenticeship or apprenticeship to register with the office of apprenticeship; (2) Affect funds duly distributed to a state agency, college or university, or other entity receiving state or federal funds in support of apprenticeship activities; or (3) Affect the department of education's status as the eligible agency to receive and administer career and technical education funding under the federal Carl D. Perkins Career and Technical Education Act of 2006 ( 20 U.S.C. § 2301 et seq.).
(1) Require a sponsor of a pre-apprenticeship or apprenticeship to register with the office of apprenticeship;
(2) Affect funds duly distributed to a state agency, college or university, or other entity receiving state or federal funds in support of apprenticeship activities; or
(3) Affect the department of education's status as the eligible agency to receive and administer career and technical education funding under the federal Carl D. Perkins Career and Technical Education Act of 2006 ( 20 U.S.C. § 2301 et seq.).
(b) The office of apprenticeship, with the consent of the sponsor, shall permit the apprenticeship intermediary to provide the required technical instruction and technical assistance, including the implementation of the competency frameworks established in § 50-11-104(b) that are aligned to the on-the-job training for apprenticeship programs registered or certified by the office of apprenticeship.
Added by 2021 Tenn. Acts, ch. 397, s 1, eff. 5/11/2021.
Tenn. Code Ann. § 50-9-113 — TN Code / Title 50 / Chapter 9 / Section 50-9-113
State and local government construction contracts
Status: in_force

(a) Each employer with five (5) or more employees receiving pay who contracts with the state or any local government to provide construction services or who is awarded a contract to provide construction services or who provides construction services to the state or local government shall submit an affidavit stating that the employer has a drug-free workplace program that complies with this chapter, in effect at the time of the submission of a bid at least to the extent required of governmental entities. Any private employer that certifies compliance with the drug-free workplace program, only to the extent required by this section, shall not receive any reduction in workers' compensation premiums and shall not be entitled to any other benefit provided by compliance with the drug-free workplace program set forth in this chapter. Nothing in this section shall be construed to reduce or diminish the rights or privileges of any private employer who has a drug-free workplace program that fully complies with this chapter. For purposes of compliance with this section, any private employer shall obtain a certificate of compliance with the applicable portions of the Drug-free Workplace Act from the department of labor and workforce development. No local government or state governmental entity shall enter into any contract or award a contract for construction services with an employer who does not comply with this section. (b) If it is determined that an employer subject to this section has entered into a contract with a local government or state agency and the employer does not have a drug-free workplace pursuant to this section, the employer shall be prohibited from entering into another contract with any local government or state agency until the employer can prove compliance with the drug-free workplace program pursuant to this section. If the same employer again contracts with any local government or state agency and does not have a drug-free workplace program pursuant to this section, then the employer shall be prohibited from entering into another contract with any local government or state agency for not less than three (3) months from the date the violation was discovered and verified and shall be prohibited from entering into another contract until the employer complies with the drug-free workplace program pursuant to this section. If the same employer for a third time contracts with any local government or state agency and does not have a drug-free workplace program pursuant to this section, then the employer shall be prohibited from entering into another contract with any local government or state agency for not less than one (1) year from the date the violation was discovered and verified and shall be prohibited from entering into another contract until the employer complies with the drug-free workplace program pursuant to this section. (c) A written affidavit by the principal officer of a covered employer provided to a local government at the time the bid or contract is submitted stating that the employer is in compliance with this section shall absolve the local government of all further responsibility under this section and any liability arising from the employer's compliance or failure of compliance with this section. (d) For the purposes of this section, "employer" does not include any utility or unit of local government. "Employer" includes any private company or corporation. Acts 2000, ch. 918, §§ 1, 2.
(a) Each employer with five (5) or more employees receiving pay who contracts with the state or any local government to provide construction services or who is awarded a contract to provide construction services or who provides construction services to the state or local government shall submit an affidavit stating that the employer has a drug-free workplace program that complies with this chapter, in effect at the time of the submission of a bid at least to the extent required of governmental entities. Any private employer that certifies compliance with the drug-free workplace program, only to the extent required by this section, shall not receive any reduction in workers' compensation premiums and shall not be entitled to any other benefit provided by compliance with the drug-free workplace program set forth in this chapter. Nothing in this section shall be construed to reduce or diminish the rights or privileges of any private employer who has a drug-free workplace program that fully complies with this chapter. For purposes of compliance with this section, any private employer shall obtain a certificate of compliance with the applicable portions of the Drug-free Workplace Act from the department of labor and workforce development. No local government or state governmental entity shall enter into any contract or award a contract for construction services with an employer who does not comply with this section.
(b) If it is determined that an employer subject to this section has entered into a contract with a local government or state agency and the employer does not have a drug-free workplace pursuant to this section, the employer shall be prohibited from entering into another contract with any local government or state agency until the employer can prove compliance with the drug-free workplace program pursuant to this section. If the same employer again contracts with any local government or state agency and does not have a drug-free workplace program pursuant to this section, then the employer shall be prohibited from entering into another contract with any local government or state agency for not less than three (3) months from the date the violation was discovered and verified and shall be prohibited from entering into another contract until the employer complies with the drug-free workplace program pursuant to this section. If the same employer for a third time contracts with any local government or state agency and does not have a drug-free workplace program pursuant to this section, then the employer shall be prohibited from entering into another contract with any local government or state agency for not less than one (1) year from the date the violation was discovered and verified and shall be prohibited from entering into another contract until the employer complies with the drug-free workplace program pursuant to this section.
(c) A written affidavit by the principal officer of a covered employer provided to a local government at the time the bid or contract is submitted stating that the employer is in compliance with this section shall absolve the local government of all further responsibility under this section and any liability arising from the employer's compliance or failure of compliance with this section.
(d) For the purposes of this section, "employer" does not include any utility or unit of local government. "Employer" includes any private company or corporation.
Acts 2000, ch. 918, §§ 1, 2.
Tenn. Code Ann. § 50-3-803 — TN Code / Title 50 / Chapter 3 / Section 50-3-803
Hearings
Status: in_force

(a) The commission or its appointed hearing examiners may hold hearings at places of convenience to the parties concerned. (b) The powers of the commission in the conduct of hearings, including the power to administer oaths and subpoena persons, may be exercised on its behalf by a member, members or a hearing examiner appointed by the chair of the commission. (c) Hearings may be conducted on the basis of oral or written evidence. (d) The commission may administer oaths and subpoena persons, including parties, as witnesses and may compel them to produce documentary evidence for hearings. (e) Timely notice of the hearing and its time and place, as well as the future storage place for the hearing record, shall be given to the parties, and copies of the notice of the hearing shall be posted by the employer at places the commission shall require. (f) The hearings shall be open to the public and the records of hearings shall be maintained and available for examination. (g) For the orderly transaction of the hearings, the Tennessee Rules of Civil Procedure shall be used unless a different rule is adopted by the commission. (h) The rules of the commission shall provide affected employees or their representatives an opportunity to participate as parties. Acts 1972, ch. 561, § 15; 1974, ch. 585, § 37; T.C.A., § 50-556.
(a) The commission or its appointed hearing examiners may hold hearings at places of convenience to the parties concerned.
(b) The powers of the commission in the conduct of hearings, including the power to administer oaths and subpoena persons, may be exercised on its behalf by a member, members or a hearing examiner appointed by the chair of the commission.
(c) Hearings may be conducted on the basis of oral or written evidence.
(d) The commission may administer oaths and subpoena persons, including parties, as witnesses and may compel them to produce documentary evidence for hearings.
(e) Timely notice of the hearing and its time and place, as well as the future storage place for the hearing record, shall be given to the parties, and copies of the notice of the hearing shall be posted by the employer at places the commission shall require.
(f) The hearings shall be open to the public and the records of hearings shall be maintained and available for examination.
(g) For the orderly transaction of the hearings, the Tennessee Rules of Civil Procedure shall be used unless a different rule is adopted by the commission.
(h) The rules of the commission shall provide affected employees or their representatives an opportunity to participate as parties.
Acts 1972, ch. 561, § 15; 1974, ch. 585, § 37; T.C.A., § 50-556.
Tenn. Code Ann. § 50-6-122 — TN Code / Title 50 / Chapter 6 / Section 50-6-122
Case management and utilization review - Use of HMOs and PPOs - Legislative intent - Claims by health care providers
Status: in_force

(a) (1) It is the intent of the general assembly that quality medical care services shall be available to injured and disabled employees. It is also the legislative intent to control increasing medical costs in workers' compensation matters by establishing cost control mechanisms to ensure cost-effective delivery of medical care services by employing a program of medical case management and a program to review the utilization and quality of medical care services. (2) In order to assure that in workers' compensation cases quality medical care is rendered and to control medical care costs, an employer is authorized to use, but is not required to use, health maintenance organizations (HMOs) and preferred provider organizations (PPOs). An HMO or PPO may contract with medical care providers as permitted by law. The contracts are authorized to use, but are not limited to the use of, the following managed care methodologies: (A) Medical bill review; (B) Establishment of medical practice guidelines; (C) Case management, subject to § 50-6-123 ; (D) Utilization review, subject to § 50-6-124 ; and (E) Peer review programs. (3) Section 50-6-204(a)(3) , relative to medical care, shall apply to any managed care methodology employed pursuant to this section. For the purposes of § 50-6-204(a)(3) , physicians and surgeons in the same HMO or PPO are considered to be associated in practice together if they share a common employer for purposes of their clinical practice, or are associated together in a group practice. (b) A health care provider shall not pursue a private claim against a workers' compensation claimant for all or part of the costs of health care services provided to the claimant by the provider unless: (1) The injury is finally adjudicated not to be compensable under this chapter; (2) The physician or surgeon, as provided in § 50-6-204 , who was not authorized by the employer at the time the services were rendered, knew that the physician or surgeon was not an authorized physician or surgeon; or (3) The employee knew that the physician or surgeon was not an authorized physician or surgeon; provided, that subdivision (b)(2) and this subdivision (b)(3) do not apply to emergency care. Acts 1992, ch. 900, § 6; 1996, ch. 944, §§ 8, 10; 2013, ch. 289, §§ 20, 21.
(a) (1) It is the intent of the general assembly that quality medical care services shall be available to injured and disabled employees. It is also the legislative intent to control increasing medical costs in workers' compensation matters by establishing cost control mechanisms to ensure cost-effective delivery of medical care services by employing a program of medical case management and a program to review the utilization and quality of medical care services. (2) In order to assure that in workers' compensation cases quality medical care is rendered and to control medical care costs, an employer is authorized to use, but is not required to use, health maintenance organizations (HMOs) and preferred provider organizations (PPOs). An HMO or PPO may contract with medical care providers as permitted by law. The contracts are authorized to use, but are not limited to the use of, the following managed care methodologies: (A) Medical bill review; (B) Establishment of medical practice guidelines; (C) Case management, subject to § 50-6-123 ; (D) Utilization review, subject to § 50-6-124 ; and (E) Peer review programs. (3) Section 50-6-204(a)(3) , relative to medical care, shall apply to any managed care methodology employed pursuant to this section. For the purposes of § 50-6-204(a)(3) , physicians and surgeons in the same HMO or PPO are considered to be associated in practice together if they share a common employer for purposes of their clinical practice, or are associated together in a group practice.
(1) It is the intent of the general assembly that quality medical care services shall be available to injured and disabled employees. It is also the legislative intent to control increasing medical costs in workers' compensation matters by establishing cost control mechanisms to ensure cost-effective delivery of medical care services by employing a program of medical case management and a program to review the utilization and quality of medical care services.
(2) In order to assure that in workers' compensation cases quality medical care is rendered and to control medical care costs, an employer is authorized to use, but is not required to use, health maintenance organizations (HMOs) and preferred provider organizations (PPOs). An HMO or PPO may contract with medical care providers as permitted by law. The contracts are authorized to use, but are not limited to the use of, the following managed care methodologies: (A) Medical bill review; (B) Establishment of medical practice guidelines; (C) Case management, subject to § 50-6-123 ; (D) Utilization review, subject to § 50-6-124 ; and (E) Peer review programs.
(A) Medical bill review;
(B) Establishment of medical practice guidelines;
(C) Case management, subject to § 50-6-123 ;
(D) Utilization review, subject to § 50-6-124 ; and
(E) Peer review programs.
(3) Section 50-6-204(a)(3) , relative to medical care, shall apply to any managed care methodology employed pursuant to this section. For the purposes of § 50-6-204(a)(3) , physicians and surgeons in the same HMO or PPO are considered to be associated in practice together if they share a common employer for purposes of their clinical practice, or are associated together in a group practice.
(b) A health care provider shall not pursue a private claim against a workers' compensation claimant for all or part of the costs of health care services provided to the claimant by the provider unless: (1) The injury is finally adjudicated not to be compensable under this chapter; (2) The physician or surgeon, as provided in § 50-6-204 , who was not authorized by the employer at the time the services were rendered, knew that the physician or surgeon was not an authorized physician or surgeon; or (3) The employee knew that the physician or surgeon was not an authorized physician or surgeon; provided, that subdivision (b)(2) and this subdivision (b)(3) do not apply to emergency care.
(1) The injury is finally adjudicated not to be compensable under this chapter;
(2) The physician or surgeon, as provided in § 50-6-204 , who was not authorized by the employer at the time the services were rendered, knew that the physician or surgeon was not an authorized physician or surgeon; or
(3) The employee knew that the physician or surgeon was not an authorized physician or surgeon; provided, that subdivision (b)(2) and this subdivision (b)(3) do not apply to emergency care.
Acts 1992, ch. 900, § 6; 1996, ch. 944, §§ 8, 10; 2013, ch. 289, §§ 20, 21.
Tenn. Code Ann. § 50-6-134 — TN Code / Title 50 / Chapter 6 / Section 50-6-134
Annual review
Status: in_force

The bureau shall, on or before July 1, 2015, and annually thereafter, review the impact of the Workers' Compensation Reform Act of 2013 on the workers' compensation system in this state and deliver a report of its findings to each member of the general assembly. Acts 2004, ch. 962, § 41; 2013, ch. 289, § 28; 2015, ch. 341, § 15.
The bureau shall, on or before July 1, 2015, and annually thereafter, review the impact of the Workers' Compensation Reform Act of 2013 on the workers' compensation system in this state and deliver a report of its findings to each member of the general assembly.
Acts 2004, ch. 962, § 41; 2013, ch. 289, § 28; 2015, ch. 341, § 15.
Tenn. Code Ann. § 50-6-917 — TN Code / Title 50 / Chapter 6 / Section 50-6-917
Coverage by a policy of workers' compensation issued through assigned risk plan
Status: in_force

A policy of workers' compensation insurance issued through the assigned risk plan as provided in § 56-5-114 that insures a person engaged in the construction industry shall be governed by this part, and a state agency shall not impose requirements relative to this part on such a policy other than those imposed by this part. Acts 2010, ch. 1149, § 13.
A policy of workers' compensation insurance issued through the assigned risk plan as provided in § 56-5-114 that insures a person engaged in the construction industry shall be governed by this part, and a state agency shall not impose requirements relative to this part on such a policy other than those imposed by this part.
Acts 2010, ch. 1149, § 13.
Tenn. Code Ann. § 50-1-604 — TN Code / Title 50 / Chapter 1 / Section 50-1-604
Rules
Status: in_force

The commissioner of labor and workforce development shall promulgate rules necessary to implement this part in an orderly and efficient manner, in accordance with the Uniform Administrative Procedures Act, compiled in title 4, chapter 5. Acts 1988, ch. 997, § 5; 1989, ch. 399, § 3; 1999, ch. 520, § 41.
The commissioner of labor and workforce development shall promulgate rules necessary to implement this part in an orderly and efficient manner, in accordance with the Uniform Administrative Procedures Act, compiled in title 4, chapter 5.
Acts 1988, ch. 997, § 5; 1989, ch. 399, § 3; 1999, ch. 520, § 41.
Tenn. Code Ann. § 50-3-405 — TN Code / Title 50 / Chapter 3 / Section 50-3-405
Violation of standard or regulation - Nonserious violation - Willful or repeat violations - Penalties
Status: in_force

(a) Any employer who has received a citation for a violation of this chapter or standard or regulation promulgated pursuant to this chapter, and the violation is specifically determined not to be of a serious nature, may be assessed a penalty of up to seven thousand dollars ($7,000) for each violation. (b) Any employer who willfully or repeatedly violates the requirements of this chapter or standard or regulation promulgated pursuant to this chapter may be assessed a penalty of up to seventy thousand dollars ($70,000) for each violation. Acts 1974, ch. 585, § 34; T.C.A., §§ 50-534, 50-535; Acts 1991, ch. 170, §§ 3, 4.
(a) Any employer who has received a citation for a violation of this chapter or standard or regulation promulgated pursuant to this chapter, and the violation is specifically determined not to be of a serious nature, may be assessed a penalty of up to seven thousand dollars ($7,000) for each violation.
(b) Any employer who willfully or repeatedly violates the requirements of this chapter or standard or regulation promulgated pursuant to this chapter may be assessed a penalty of up to seventy thousand dollars ($70,000) for each violation.
Acts 1974, ch. 585, § 34; T.C.A., §§ 50-534, 50-535; Acts 1991, ch. 170, §§ 3, 4.
Tenn. Code Ann. § 50-3-919 — TN Code / Title 50 / Chapter 3 / Section 50-3-919
No regulation and enforcement of changes in federal regulations relating to child labor performed on farms
Status: in_force

On or after April 16, 2012, no public funds of this state or any political subdivision of this state shall be allocated to the regulation or enforcement of any change made after December 1, 2011, to the United States department of labor's Hazardous Occupations Orders for Agricultural Employment relating to children, compiled in 29 CFR part 570. Acts 1988, ch. 722, § 1; 1999, ch. 520, §§ 41, 52, repealed by Acts 2011 , ch. 61, § 3, effective 4/11/2011.
On or after April 16, 2012, no public funds of this state or any political subdivision of this state shall be allocated to the regulation or enforcement of any change made after December 1, 2011, to the United States department of labor's Hazardous Occupations Orders for Agricultural Employment relating to children, compiled in 29 CFR part 570.
Acts 1988, ch. 722, § 1; 1999, ch. 520, §§ 41, 52, repealed by Acts 2011 , ch. 61, § 3, effective 4/11/2011.
Tenn. Code Ann. § 50-6-919 — TN Code / Title 50 / Chapter 6 / Section 50-6-919
Reserved
Status: repealed

Repealed by 2014 Tenn. Acts, ch. 512, s 2, eff. 3/6/2014. Amended by 2013 Tenn. Acts, ch. 236, s 31, eff. 4/19/2013. Acts 2010 , ch. 1149, § 13.
Repealed by 2014 Tenn. Acts, ch. 512, s 2, eff. 3/6/2014.
Amended by 2013 Tenn. Acts, ch. 236, s 31, eff. 4/19/2013.
Acts 2010 , ch. 1149, § 13.
Tenn. Code Ann. § 50-6-906 — TN Code / Title 50 / Chapter 6 / Section 50-6-906
Refusal by bureau of workers' compensation to file application - Reversal or modification by court - Hearing - Appeal
Status: in_force

(a) If the bureau of workers' compensation refuses to file an application and list the construction services provider on the registry, the bureau of workers' compensation shall return such application to the provider within ten (10) business days after the document was received for filing, together with a brief, written explanation of the reason for the bureau of workers' compensation's refusal to file. (b) If the bureau of workers' compensation refuses to file an application and list a provider on the registry, the provider may appeal the refusal to the chancery court of Davidson County. The appeal shall be commenced by petitioning the court to compel listing such provider on the registry and shall attach to the petition the application and the bureau of workers' compensation's explanation of the bureau of workers' compensation's refusal to file. (c) The court may reverse or modify the actions of the bureau of workers' compensation if the rights of the provider have been prejudiced because the bureau of workers' compensation's actions are: (1) In violation of constitutional or statutory provisions; (2) In excess of the statutory authority of the bureau of workers' compensation; (3) Made upon unlawful procedure; or (4) Arbitrary or capricious or characterized by abuse of discretion or clearly unwarranted exercise of discretion. (d) After any hearing deemed necessary by the court, the court may summarily order the bureau of workers' compensation to list such provider on the registry or take other action the court considers appropriate. (e) The court's final decision may be appealed as in other civil proceedings. Amended by 2021 Tenn. Acts, ch. 88, s 3, eff. 1/1/2022. Amended by 2021 Tenn. Acts, ch. 88, s 2, eff. 1/1/2022. Acts 2010 , ch. 1149, § 13.
(a) If the bureau of workers' compensation refuses to file an application and list the construction services provider on the registry, the bureau of workers' compensation shall return such application to the provider within ten (10) business days after the document was received for filing, together with a brief, written explanation of the reason for the bureau of workers' compensation's refusal to file.
(b) If the bureau of workers' compensation refuses to file an application and list a provider on the registry, the provider may appeal the refusal to the chancery court of Davidson County. The appeal shall be commenced by petitioning the court to compel listing such provider on the registry and shall attach to the petition the application and the bureau of workers' compensation's explanation of the bureau of workers' compensation's refusal to file.
(c) The court may reverse or modify the actions of the bureau of workers' compensation if the rights of the provider have been prejudiced because the bureau of workers' compensation's actions are: (1) In violation of constitutional or statutory provisions; (2) In excess of the statutory authority of the bureau of workers' compensation; (3) Made upon unlawful procedure; or (4) Arbitrary or capricious or characterized by abuse of discretion or clearly unwarranted exercise of discretion.
(1) In violation of constitutional or statutory provisions;
(2) In excess of the statutory authority of the bureau of workers' compensation;
(3) Made upon unlawful procedure; or
(4) Arbitrary or capricious or characterized by abuse of discretion or clearly unwarranted exercise of discretion.
(d) After any hearing deemed necessary by the court, the court may summarily order the bureau of workers' compensation to list such provider on the registry or take other action the court considers appropriate.
(e) The court's final decision may be appealed as in other civil proceedings.
Amended by 2021 Tenn. Acts, ch. 88, s 3, eff. 1/1/2022.
Amended by 2021 Tenn. Acts, ch. 88, s 2, eff. 1/1/2022.
Acts 2010 , ch. 1149, § 13.
Tenn. Code Ann. § 50-7-106 — TN Code / Title 50 / Chapter 7 / Section 50-7-106
Employers not included by employment security law - Notice to employees
Status: in_force

If this chapter does not include an employer within the requirement to provide unemployment compensation insurance coverage to its employees, then the employer shall notify in writing each present and prospective employee. Acts 1991, ch. 446, § 1.
If this chapter does not include an employer within the requirement to provide unemployment compensation insurance coverage to its employees, then the employer shall notify in writing each present and prospective employee.
Acts 1991, ch. 446, § 1.
Tenn. Code Ann. § 50-6-801 — TN Code / Title 50 / Chapter 6 / Section 50-6-801
[Effective until 7/1/2029] Creation - Legislative intent - Uses of fund
Status: in_force

(a) There is created the uninsured employers fund as an account in the general fund, which shall be invested pursuant to § 9-4-603 . Moneys from the fund may be expended to fund activities authorized by this part. Any revenues deposited in this fund shall remain in the fund until expended for purposes consistent with this part, and shall not revert to the general fund on any June 30. Any appropriation for the fund shall not revert to the general fund on any June 30, but shall remain available for expenditure in subsequent fiscal years. (b) The uninsured employers fund may receive revenues that shall include all penalties assessed and collected from employers who fail to provide workers' compensation coverage or who fail to qualify as self-insurers pursuant to this chapter, and any other amounts that may be appropriated. In addition, when deemed necessary in the discretion of the administrator and when the balance remaining in the uninsured employers fund is less than the amount of funds distributed by the bureau to provide benefits to injured workers in the previous fiscal year, the administrator may also withdraw up to twenty-five percent (25%) of the balance of funds remaining after the costs and expenditures provided by § 50-6-913(b) have been satisfied, from the employee misclassification education and enforcement fund to provide benefits under this part. (c) Except for funds collected by the administrator or the administrator's designee for penalties assessed for violations of § 50-6-412(a)(2) and (n) , which must be deposited in the employee misclassification education and enforcement fund established by § 50-6-913 , to be administered by the administrator, the remainder of the funds collected in § 50-6-412 must be deposited in the uninsured employers fund and must be used for payment of the costs incurred by the bureau of workers' compensation to administer the assessment of and collection of the other penalties provided in § 50-6-412 , and the costs of administering this part, including, but not limited to, lien fees or fees of third-party administrators. (d) The bureau may use any revenues remaining in the uninsured employers fund that are not used for the purposes provided in subsection (c) to provide temporary disability benefits, medical benefits, or death benefits to an eligible employee who suffered an injury or death arising primarily within the course and scope of the employee's employment with an employer who failed to secure the payment of compensation pursuant to this chapter at the time the eligible employee suffered the injury or death. (1) The employee was employed by an employer who failed to secure payment of compensation pursuant to this chapter; (2) The employee suffered an injury on or after July 1, 2015, primarily within the course and scope of employment, at a time when the employer had failed to secure the payment of compensation; (3) The employee was a Tennessee resident on the date of injury; (4) The employee provided notice to the bureau of the injury and of the failure of the employer to secure the payment of compensation within a reasonable period of time, but in no event more than one hundred eighty (180) days, after the date of the injury; and (5) Except as provided in § 50-6-802(d) and (e) , the employee secured a judgment for workers' compensation benefits against the employer for the injury. Amended by 2024 Tenn. Acts, ch. 532,s 5, eff. 6/30/2024. Amended by 2023 Tenn. Acts, ch. 145, s 5, eff. 7/1/2023, app. upon becoming a law for the purposes of promulgating rules. Amended by 2021 Tenn. Acts, ch. 189, s 9, eff. 7/1/2021; Section 10 of the Act provides: "This act ceases to exist July 1, 2029, at which time the provisions of law changed by this act that were in effect on June 30, 2021, will be revived." Amended by 2020 Tenn. Acts, ch. 731, s 3, eff. 6/22/2020. Amended by 2016 Tenn. Acts, ch. 816, s 10, eff. 4/14/2016. Amended by 2014 Tenn. Acts, ch. 765, Secs.s 1, s 2 eff. 4/24/2014. Acts 2000, ch. 972, § 2.
(a) There is created the uninsured employers fund as an account in the general fund, which shall be invested pursuant to § 9-4-603 . Moneys from the fund may be expended to fund activities authorized by this part. Any revenues deposited in this fund shall remain in the fund until expended for purposes consistent with this part, and shall not revert to the general fund on any June 30. Any appropriation for the fund shall not revert to the general fund on any June 30, but shall remain available for expenditure in subsequent fiscal years.
(b) The uninsured employers fund may receive revenues that shall include all penalties assessed and collected from employers who fail to provide workers' compensation coverage or who fail to qualify as self-insurers pursuant to this chapter, and any other amounts that may be appropriated. In addition, when deemed necessary in the discretion of the administrator and when the balance remaining in the uninsured employers fund is less than the amount of funds distributed by the bureau to provide benefits to injured workers in the previous fiscal year, the administrator may also withdraw up to twenty-five percent (25%) of the balance of funds remaining after the costs and expenditures provided by § 50-6-913(b) have been satisfied, from the employee misclassification education and enforcement fund to provide benefits under this part.
(c) Except for funds collected by the administrator or the administrator's designee for penalties assessed for violations of § 50-6-412(a)(2) and (n) , which must be deposited in the employee misclassification education and enforcement fund established by § 50-6-913 , to be administered by the administrator, the remainder of the funds collected in § 50-6-412 must be deposited in the uninsured employers fund and must be used for payment of the costs incurred by the bureau of workers' compensation to administer the assessment of and collection of the other penalties provided in § 50-6-412 , and the costs of administering this part, including, but not limited to, lien fees or fees of third-party administrators.
(d) The bureau may use any revenues remaining in the uninsured employers fund that are not used for the purposes provided in subsection (c) to provide temporary disability benefits, medical benefits, or death benefits to an eligible employee who suffered an injury or death arising primarily within the course and scope of the employee's employment with an employer who failed to secure the payment of compensation pursuant to this chapter at the time the eligible employee suffered the injury or death. (1) The employee was employed by an employer who failed to secure payment of compensation pursuant to this chapter; (2) The employee suffered an injury on or after July 1, 2015, primarily within the course and scope of employment, at a time when the employer had failed to secure the payment of compensation; (3) The employee was a Tennessee resident on the date of injury; (4) The employee provided notice to the bureau of the injury and of the failure of the employer to secure the payment of compensation within a reasonable period of time, but in no event more than one hundred eighty (180) days, after the date of the injury; and (5) Except as provided in § 50-6-802(d) and (e) , the employee secured a judgment for workers' compensation benefits against the employer for the injury.
(1) The employee was employed by an employer who failed to secure payment of compensation pursuant to this chapter;
(2) The employee suffered an injury on or after July 1, 2015, primarily within the course and scope of employment, at a time when the employer had failed to secure the payment of compensation;
(3) The employee was a Tennessee resident on the date of injury;
(4) The employee provided notice to the bureau of the injury and of the failure of the employer to secure the payment of compensation within a reasonable period of time, but in no event more than one hundred eighty (180) days, after the date of the injury; and
(5) Except as provided in § 50-6-802(d) and (e) , the employee secured a judgment for workers' compensation benefits against the employer for the injury.
Amended by 2024 Tenn. Acts, ch. 532,s 5, eff. 6/30/2024.
Amended by 2023 Tenn. Acts, ch. 145, s 5, eff. 7/1/2023, app. upon becoming a law for the purposes of promulgating rules.
Amended by 2021 Tenn. Acts, ch. 189, s 9, eff. 7/1/2021; Section 10 of the Act provides: "This act ceases to exist July 1, 2029, at which time the provisions of law changed by this act that were in effect on June 30, 2021, will be revived."
Amended by 2020 Tenn. Acts, ch. 731, s 3, eff. 6/22/2020.
Amended by 2016 Tenn. Acts, ch. 816, s 10, eff. 4/14/2016.
Amended by 2014 Tenn. Acts, ch. 765, Secs.s 1, s 2 eff. 4/24/2014.
Acts 2000, ch. 972, § 2.
Tenn. Code Ann. § 50-2-111 — TN Code / Title 50 / Chapter 2 / Section 50-2-111
Application of chapter
Status: in_force

(a) This chapter only applies to an individual if the individual performs services for an employer for wages and the services performed by the individual qualify as an employer-employee relationship with the employer based upon consideration of the following twenty (20) factors as described in the twenty-factor test of Internal Revenue Service Revenue Ruling 87-41, 1987-1 C.B. 296: (1) Instructions. A worker who is required to comply with other persons' instructions about when, where, and how the worker is to work is ordinarily an employee. This control factor is present if the person or persons for whom the services are performed have the right to require compliance with instructions; (2) Training. Training a worker by requiring an experienced employee to work with the worker, by corresponding with the worker, by requiring the worker to attend meetings, or by using other methods indicates that the person or persons for whom the services are performed want the services performed in a particular method or manner; (3) Integration. Integration of the worker's services into the business operations generally shows that the worker is subject to direction and control. When the success or continuation of a business depends to an appreciable degree upon the performance of certain services, the workers who perform those services must necessarily be subject to a certain amount of control by the owner of the business; (4) Services rendered personally. If the services must be rendered personally, then presumably the persons for whom the services are performed are interested in the methods used to accomplish the work as well as in the results; (5) Hiring, supervising, and paying assistants. If the person or persons for whom the services are performed hire, supervise, and pay assistants, then that factor generally shows control over the workers on the job. However, if one (1) worker hires, supervises, and pays the other assistants pursuant to a contract under which the worker agrees to provide materials and labor and under which the worker is responsible only for the attainment of a result, then this factor indicates an independent contractor status; (6) Continuing relationship. A continuing relationship between the worker and the person or persons for whom the services are performed indicates that an employer-employee relationship exists. A continuing relationship may exist where work is performed at frequently recurring although irregular intervals; (7) Set hours of work. The establishment of set hours of work by the person or persons for whom the services are performed is a factor indicating control; (8) Full time required. If the worker must devote substantially full time to the business of the person or persons for whom the services are performed, then the person or persons have control over the amount of time the worker spends working and impliedly restrict the worker from doing other gainful work. An independent contractor is free to work when and for whom the independent contractor chooses; (9) Doing work on employer's premises. If the work is performed on the premises of the person or persons for whom the services are performed, then that factor suggests control over the worker, especially if the work could be done elsewhere. Work done off the premises of the person or persons receiving the services, such as at the office of the worker, indicates some freedom from control. However, this fact by itself does not mean that the worker is not an employee. The importance of this factor depends on the nature of the service involved and the extent to which an employer generally would require that employees perform those services on the employer's premises. Control over the place of work is indicated when the person or persons for whom the services are performed have the right to compel the worker to travel a designated route, to canvass territory within a certain time, or to work at specific places as required; (10) Order or sequence set. If a worker must perform services in the order or sequence set by the person or persons for whom the services are performed, then that factor shows that the worker is not free to follow the worker's own pattern of work but instead must follow the established routines and schedules of the person or persons for whom the services are performed. Often, because of the nature of an occupation, the person or persons for whom the services are performed do not set the order of the services or set the order infrequently. It is sufficient to show control, however, if the person or persons retain the right to do so; (11) Oral or written reports. A requirement that the worker submit regular or written reports to the person or persons for whom the services are performed indicates a degree of control; (12) Payment by hour, week, month. Payment by the hour, week, or month generally points to an employer-employee relationship; provided, that this method of payment is not just a convenient way of paying a lump sum agreed upon as the cost of a job. Payment made by the job or on straight commission generally indicates the worker is an independent contractor; (13) Payment of business or traveling expenses. If the person or persons for whom the services are performed ordinarily pay the worker's business or traveling expenses, then the worker is ordinarily an employee. An employer, to be able to control expenses, generally retains the right to regulate and direct the worker's business activities; (14) Furnishing of tools and materials. The fact that the person or persons for whom the services are performed furnish significant tools, materials, and other equipment tends to show the existence of an employer-employee relationship; (15) Significant investment. If the worker invests in facilities that are used by the worker in performing services and are not typically maintained by employees, such as the maintenance of an office rented at fair value from an unrelated party, then that factor tends to indicate that the worker is an independent contractor. However, lack of investment in facilities indicates dependence on the person or persons for whom the services are performed for the facilities and the existence of an employer-employee relationship; (16) Realization of profit or loss. A worker who can realize a profit or suffer a loss as a result of the worker's services, in addition to the profit or loss ordinarily realized by employees, is generally an independent contractor but the worker who cannot is an employee. For example, if the worker is subject to a real risk of economic loss due to significant investments or a bona fide liability for expenses, such as salary payments to unrelated employees, then that factor indicates that the worker is an independent contractor. The risk that a worker will not receive payment for the worker's services is common to both independent contractors and employees and does not constitute sufficient economic risk to support treatment as an independent contractor; (17) Working for more than one firm at a time. If a worker performs more than de minimis services for multiple unrelated persons or firms at the same time, then that factor generally indicates that the worker is an independent contractor. However, a worker who performs services for more than one (1) person may be an employee of each of the persons, especially where such persons are part of the same service arrangement; (18) Making service available to general public. The fact that a worker makes the worker's services available to the general public on a regular and consistent basis indicates an independent contractor relationship; (19) Right to discharge. The right to discharge a worker is a factor indicating that the worker is an employee and the person possessing the right is an employer. An employer exercises control through the threat of dismissal, which causes the worker to obey the employer's instructions. An independent contractor cannot be fired so long as the independent contractor produces a result that meets the contract specifications; and (20) Right to terminate. If the worker has the right to end the worker's relationship with the person for whom the services are performed at any time the worker wishes without incurring liability, then that factor indicates an employer-employee relationship. (b) Notwithstanding subsection (a), this chapter does not apply to an individual who provides services as a leased-operator or an owner-operator of a motor vehicle or vehicles under contract to a common carrier doing an interstate business while engaged in interstate commerce regardless of whether the common law relationship of master and servant exists. Amended by 2019 Tenn. Acts, ch. 337,s 1, eff. 1/1/2020. Acts 2011, ch. 416, § 2.
(a) This chapter only applies to an individual if the individual performs services for an employer for wages and the services performed by the individual qualify as an employer-employee relationship with the employer based upon consideration of the following twenty (20) factors as described in the twenty-factor test of Internal Revenue Service Revenue Ruling 87-41, 1987-1 C.B. 296: (1) Instructions. A worker who is required to comply with other persons' instructions about when, where, and how the worker is to work is ordinarily an employee. This control factor is present if the person or persons for whom the services are performed have the right to require compliance with instructions; (2) Training. Training a worker by requiring an experienced employee to work with the worker, by corresponding with the worker, by requiring the worker to attend meetings, or by using other methods indicates that the person or persons for whom the services are performed want the services performed in a particular method or manner; (3) Integration. Integration of the worker's services into the business operations generally shows that the worker is subject to direction and control. When the success or continuation of a business depends to an appreciable degree upon the performance of certain services, the workers who perform those services must necessarily be subject to a certain amount of control by the owner of the business; (4) Services rendered personally. If the services must be rendered personally, then presumably the persons for whom the services are performed are interested in the methods used to accomplish the work as well as in the results; (5) Hiring, supervising, and paying assistants. If the person or persons for whom the services are performed hire, supervise, and pay assistants, then that factor generally shows control over the workers on the job. However, if one (1) worker hires, supervises, and pays the other assistants pursuant to a contract under which the worker agrees to provide materials and labor and under which the worker is responsible only for the attainment of a result, then this factor indicates an independent contractor status; (6) Continuing relationship. A continuing relationship between the worker and the person or persons for whom the services are performed indicates that an employer-employee relationship exists. A continuing relationship may exist where work is performed at frequently recurring although irregular intervals; (7) Set hours of work. The establishment of set hours of work by the person or persons for whom the services are performed is a factor indicating control; (8) Full time required. If the worker must devote substantially full time to the business of the person or persons for whom the services are performed, then the person or persons have control over the amount of time the worker spends working and impliedly restrict the worker from doing other gainful work. An independent contractor is free to work when and for whom the independent contractor chooses; (9) Doing work on employer's premises. If the work is performed on the premises of the person or persons for whom the services are performed, then that factor suggests control over the worker, especially if the work could be done elsewhere. Work done off the premises of the person or persons receiving the services, such as at the office of the worker, indicates some freedom from control. However, this fact by itself does not mean that the worker is not an employee. The importance of this factor depends on the nature of the service involved and the extent to which an employer generally would require that employees perform those services on the employer's premises. Control over the place of work is indicated when the person or persons for whom the services are performed have the right to compel the worker to travel a designated route, to canvass territory within a certain time, or to work at specific places as required; (10) Order or sequence set. If a worker must perform services in the order or sequence set by the person or persons for whom the services are performed, then that factor shows that the worker is not free to follow the worker's own pattern of work but instead must follow the established routines and schedules of the person or persons for whom the services are performed. Often, because of the nature of an occupation, the person or persons for whom the services are performed do not set the order of the services or set the order infrequently. It is sufficient to show control, however, if the person or persons retain the right to do so; (11) Oral or written reports. A requirement that the worker submit regular or written reports to the person or persons for whom the services are performed indicates a degree of control; (12) Payment by hour, week, month. Payment by the hour, week, or month generally points to an employer-employee relationship; provided, that this method of payment is not just a convenient way of paying a lump sum agreed upon as the cost of a job. Payment made by the job or on straight commission generally indicates the worker is an independent contractor; (13) Payment of business or traveling expenses. If the person or persons for whom the services are performed ordinarily pay the worker's business or traveling expenses, then the worker is ordinarily an employee. An employer, to be able to control expenses, generally retains the right to regulate and direct the worker's business activities; (14) Furnishing of tools and materials. The fact that the person or persons for whom the services are performed furnish significant tools, materials, and other equipment tends to show the existence of an employer-employee relationship; (15) Significant investment. If the worker invests in facilities that are used by the worker in performing services and are not typically maintained by employees, such as the maintenance of an office rented at fair value from an unrelated party, then that factor tends to indicate that the worker is an independent contractor. However, lack of investment in facilities indicates dependence on the person or persons for whom the services are performed for the facilities and the existence of an employer-employee relationship; (16) Realization of profit or loss. A worker who can realize a profit or suffer a loss as a result of the worker's services, in addition to the profit or loss ordinarily realized by employees, is generally an independent contractor but the worker who cannot is an employee. For example, if the worker is subject to a real risk of economic loss due to significant investments or a bona fide liability for expenses, such as salary payments to unrelated employees, then that factor indicates that the worker is an independent contractor. The risk that a worker will not receive payment for the worker's services is common to both independent contractors and employees and does not constitute sufficient economic risk to support treatment as an independent contractor; (17) Working for more than one firm at a time. If a worker performs more than de minimis services for multiple unrelated persons or firms at the same time, then that factor generally indicates that the worker is an independent contractor. However, a worker who performs services for more than one (1) person may be an employee of each of the persons, especially where such persons are part of the same service arrangement; (18) Making service available to general public. The fact that a worker makes the worker's services available to the general public on a regular and consistent basis indicates an independent contractor relationship; (19) Right to discharge. The right to discharge a worker is a factor indicating that the worker is an employee and the person possessing the right is an employer. An employer exercises control through the threat of dismissal, which causes the worker to obey the employer's instructions. An independent contractor cannot be fired so long as the independent contractor produces a result that meets the contract specifications; and (20) Right to terminate. If the worker has the right to end the worker's relationship with the person for whom the services are performed at any time the worker wishes without incurring liability, then that factor indicates an employer-employee relationship.
(1) Instructions. A worker who is required to comply with other persons' instructions about when, where, and how the worker is to work is ordinarily an employee. This control factor is present if the person or persons for whom the services are performed have the right to require compliance with instructions;
(2) Training. Training a worker by requiring an experienced employee to work with the worker, by corresponding with the worker, by requiring the worker to attend meetings, or by using other methods indicates that the person or persons for whom the services are performed want the services performed in a particular method or manner;
(3) Integration. Integration of the worker's services into the business operations generally shows that the worker is subject to direction and control. When the success or continuation of a business depends to an appreciable degree upon the performance of certain services, the workers who perform those services must necessarily be subject to a certain amount of control by the owner of the business;
(4) Services rendered personally. If the services must be rendered personally, then presumably the persons for whom the services are performed are interested in the methods used to accomplish the work as well as in the results;
(5) Hiring, supervising, and paying assistants. If the person or persons for whom the services are performed hire, supervise, and pay assistants, then that factor generally shows control over the workers on the job. However, if one (1) worker hires, supervises, and pays the other assistants pursuant to a contract under which the worker agrees to provide materials and labor and under which the worker is responsible only for the attainment of a result, then this factor indicates an independent contractor status;
(6) Continuing relationship. A continuing relationship between the worker and the person or persons for whom the services are performed indicates that an employer-employee relationship exists. A continuing relationship may exist where work is performed at frequently recurring although irregular intervals;
(7) Set hours of work. The establishment of set hours of work by the person or persons for whom the services are performed is a factor indicating control;
(8) Full time required. If the worker must devote substantially full time to the business of the person or persons for whom the services are performed, then the person or persons have control over the amount of time the worker spends working and impliedly restrict the worker from doing other gainful work. An independent contractor is free to work when and for whom the independent contractor chooses;
(9) Doing work on employer's premises. If the work is performed on the premises of the person or persons for whom the services are performed, then that factor suggests control over the worker, especially if the work could be done elsewhere. Work done off the premises of the person or persons receiving the services, such as at the office of the worker, indicates some freedom from control. However, this fact by itself does not mean that the worker is not an employee. The importance of this factor depends on the nature of the service involved and the extent to which an employer generally would require that employees perform those services on the employer's premises. Control over the place of work is indicated when the person or persons for whom the services are performed have the right to compel the worker to travel a designated route, to canvass territory within a certain time, or to work at specific places as required;
(10) Order or sequence set. If a worker must perform services in the order or sequence set by the person or persons for whom the services are performed, then that factor shows that the worker is not free to follow the worker's own pattern of work but instead must follow the established routines and schedules of the person or persons for whom the services are performed. Often, because of the nature of an occupation, the person or persons for whom the services are performed do not set the order of the services or set the order infrequently. It is sufficient to show control, however, if the person or persons retain the right to do so;
(11) Oral or written reports. A requirement that the worker submit regular or written reports to the person or persons for whom the services are performed indicates a degree of control;
(12) Payment by hour, week, month. Payment by the hour, week, or month generally points to an employer-employee relationship; provided, that this method of payment is not just a convenient way of paying a lump sum agreed upon as the cost of a job. Payment made by the job or on straight commission generally indicates the worker is an independent contractor;
(13) Payment of business or traveling expenses. If the person or persons for whom the services are performed ordinarily pay the worker's business or traveling expenses, then the worker is ordinarily an employee. An employer, to be able to control expenses, generally retains the right to regulate and direct the worker's business activities;
(14) Furnishing of tools and materials. The fact that the person or persons for whom the services are performed furnish significant tools, materials, and other equipment tends to show the existence of an employer-employee relationship;
(15) Significant investment. If the worker invests in facilities that are used by the worker in performing services and are not typically maintained by employees, such as the maintenance of an office rented at fair value from an unrelated party, then that factor tends to indicate that the worker is an independent contractor. However, lack of investment in facilities indicates dependence on the person or persons for whom the services are performed for the facilities and the existence of an employer-employee relationship;
(16) Realization of profit or loss. A worker who can realize a profit or suffer a loss as a result of the worker's services, in addition to the profit or loss ordinarily realized by employees, is generally an independent contractor but the worker who cannot is an employee. For example, if the worker is subject to a real risk of economic loss due to significant investments or a bona fide liability for expenses, such as salary payments to unrelated employees, then that factor indicates that the worker is an independent contractor. The risk that a worker will not receive payment for the worker's services is common to both independent contractors and employees and does not constitute sufficient economic risk to support treatment as an independent contractor;
(17) Working for more than one firm at a time. If a worker performs more than de minimis services for multiple unrelated persons or firms at the same time, then that factor generally indicates that the worker is an independent contractor. However, a worker who performs services for more than one (1) person may be an employee of each of the persons, especially where such persons are part of the same service arrangement;
(18) Making service available to general public. The fact that a worker makes the worker's services available to the general public on a regular and consistent basis indicates an independent contractor relationship;
(19) Right to discharge. The right to discharge a worker is a factor indicating that the worker is an employee and the person possessing the right is an employer. An employer exercises control through the threat of dismissal, which causes the worker to obey the employer's instructions. An independent contractor cannot be fired so long as the independent contractor produces a result that meets the contract specifications; and
(20) Right to terminate. If the worker has the right to end the worker's relationship with the person for whom the services are performed at any time the worker wishes without incurring liability, then that factor indicates an employer-employee relationship.
(b) Notwithstanding subsection (a), this chapter does not apply to an individual who provides services as a leased-operator or an owner-operator of a motor vehicle or vehicles under contract to a common carrier doing an interstate business while engaged in interstate commerce regardless of whether the common law relationship of master and servant exists.
Amended by 2019 Tenn. Acts, ch. 337,s 1, eff. 1/1/2020.
Acts 2011, ch. 416, § 2.
Tenn. Code Ann. § 50-3-605 — TN Code / Title 50 / Chapter 3 / Section 50-3-605
Permanent variances
Status: in_force

(a) (1) Any affected employer may apply to the commissioner for a rule or order for a variance from a standard. (2) Affected employees shall be given notice of each application and an opportunity to participate in a hearing. (b) The commissioner shall issue the rule or order if the commissioner determines on the record, after opportunity for an inspection where appropriate and a hearing, that the proponent of the variance has demonstrated by a preponderance of the evidence that the conditions, practices, means, methods, operations or processes used or proposed to be used by an employer will provide employment and places of employment to the employer's employees that are as safe and healthful as those that would prevail if the employer complied with the standard. (c) The rule or order issued shall prescribe the conditions the employer must maintain, and the practices, means, methods, operations and processes that the employer must adopt and utilize, to the extent they differ from the standard in question. (d) The rule or order may be modified or revoked upon application by an employer, employees, or by the commissioner on the commissioner's own motion, in the manner prescribed for its issuance under this section at any time after six (6) months from its issuance. Acts 1974, ch. 585, § 37; 1977, ch. 111, § 29; T.C.A., § 50-550; Acts 1999, ch. 520, § 41.
(a) (1) Any affected employer may apply to the commissioner for a rule or order for a variance from a standard. (2) Affected employees shall be given notice of each application and an opportunity to participate in a hearing.
(1) Any affected employer may apply to the commissioner for a rule or order for a variance from a standard.
(2) Affected employees shall be given notice of each application and an opportunity to participate in a hearing.
(b) The commissioner shall issue the rule or order if the commissioner determines on the record, after opportunity for an inspection where appropriate and a hearing, that the proponent of the variance has demonstrated by a preponderance of the evidence that the conditions, practices, means, methods, operations or processes used or proposed to be used by an employer will provide employment and places of employment to the employer's employees that are as safe and healthful as those that would prevail if the employer complied with the standard.
(c) The rule or order issued shall prescribe the conditions the employer must maintain, and the practices, means, methods, operations and processes that the employer must adopt and utilize, to the extent they differ from the standard in question.
(d) The rule or order may be modified or revoked upon application by an employer, employees, or by the commissioner on the commissioner's own motion, in the manner prescribed for its issuance under this section at any time after six (6) months from its issuance.
Acts 1974, ch. 585, § 37; 1977, ch. 111, § 29; T.C.A., § 50-550; Acts 1999, ch. 520, § 41.
Tenn. Code Ann. § 50-2-107 — TN Code / Title 50 / Chapter 2 / Section 50-2-107
Distribution of service charges or gratuities
Status: in_force

(a) (1) If a business, including a private club, lounge, bar or restaurant, includes on the bill presented to and paid by a customer, member or patron an automatic percentage or specific dollar amount denominated as a service charge, tip, gratuity, or otherwise, which amount is customarily assumed to be intended for the employee or employees who have served the customer, member or patron, that amount shall be paid over to or distributed among the employee or employees who have rendered that service. The payment shall be made at the close of business on the day the amount is received or at the time the employee is regularly paid, or, in the case of a bill for which credit is extended to a customer, member or patron, payment shall be made at the close of business on the day the amount is collected or on the first day the employee is regularly paid occurring after the amount is collected. (2) The payment shall not be reduced, docked or otherwise diminished to penalize an employee for any actions in connection with the employee's employment, if it is derived from a mandatory service charge or tip collected from customers, members or patrons. (3) (A) This section does not apply to bills for food or beverage served in a banquet, convention or meeting facility segregated from the public-at-large, except banquet, convention or meeting facilities that are on the premises of a private club. (B) (i) This section does not apply to bills presented to or charges paid by guests for accommodations and activities at a guest ranch. (ii) For purposes of subdivision (a)(3)(B)(i), "guest ranch" means a facility segregated from the public-at-large: (a) Offering accommodations for overnight stays and activities typical of western ranching; (b) That may provide other recreational activities exclusively for guests in conjunction with the ranching activities, including, but not limited to, fishing, hiking, horseback riding, rafting and swimming; and (c) At which food services are incidental to the operation of the guest ranch, are only for the guests of the guest ranch and the cost of which are included in the fee to stay. (b) A violation of this section is a Class C misdemeanor. Each failure to pay an employee constitutes a separate offense. Acts 1983, ch. 152, § 1; 1989, ch. 591, § 113; 2012, ch. 895, § 1.
(a) (1) If a business, including a private club, lounge, bar or restaurant, includes on the bill presented to and paid by a customer, member or patron an automatic percentage or specific dollar amount denominated as a service charge, tip, gratuity, or otherwise, which amount is customarily assumed to be intended for the employee or employees who have served the customer, member or patron, that amount shall be paid over to or distributed among the employee or employees who have rendered that service. The payment shall be made at the close of business on the day the amount is received or at the time the employee is regularly paid, or, in the case of a bill for which credit is extended to a customer, member or patron, payment shall be made at the close of business on the day the amount is collected or on the first day the employee is regularly paid occurring after the amount is collected. (2) The payment shall not be reduced, docked or otherwise diminished to penalize an employee for any actions in connection with the employee's employment, if it is derived from a mandatory service charge or tip collected from customers, members or patrons. (3) (A) This section does not apply to bills for food or beverage served in a banquet, convention or meeting facility segregated from the public-at-large, except banquet, convention or meeting facilities that are on the premises of a private club. (B) (i) This section does not apply to bills presented to or charges paid by guests for accommodations and activities at a guest ranch. (ii) For purposes of subdivision (a)(3)(B)(i), "guest ranch" means a facility segregated from the public-at-large: (a) Offering accommodations for overnight stays and activities typical of western ranching; (b) That may provide other recreational activities exclusively for guests in conjunction with the ranching activities, including, but not limited to, fishing, hiking, horseback riding, rafting and swimming; and (c) At which food services are incidental to the operation of the guest ranch, are only for the guests of the guest ranch and the cost of which are included in the fee to stay.
(1) If a business, including a private club, lounge, bar or restaurant, includes on the bill presented to and paid by a customer, member or patron an automatic percentage or specific dollar amount denominated as a service charge, tip, gratuity, or otherwise, which amount is customarily assumed to be intended for the employee or employees who have served the customer, member or patron, that amount shall be paid over to or distributed among the employee or employees who have rendered that service. The payment shall be made at the close of business on the day the amount is received or at the time the employee is regularly paid, or, in the case of a bill for which credit is extended to a customer, member or patron, payment shall be made at the close of business on the day the amount is collected or on the first day the employee is regularly paid occurring after the amount is collected.
(2) The payment shall not be reduced, docked or otherwise diminished to penalize an employee for any actions in connection with the employee's employment, if it is derived from a mandatory service charge or tip collected from customers, members or patrons.
(3) (A) This section does not apply to bills for food or beverage served in a banquet, convention or meeting facility segregated from the public-at-large, except banquet, convention or meeting facilities that are on the premises of a private club. (B) (i) This section does not apply to bills presented to or charges paid by guests for accommodations and activities at a guest ranch. (ii) For purposes of subdivision (a)(3)(B)(i), "guest ranch" means a facility segregated from the public-at-large: (a) Offering accommodations for overnight stays and activities typical of western ranching; (b) That may provide other recreational activities exclusively for guests in conjunction with the ranching activities, including, but not limited to, fishing, hiking, horseback riding, rafting and swimming; and (c) At which food services are incidental to the operation of the guest ranch, are only for the guests of the guest ranch and the cost of which are included in the fee to stay.
(A) This section does not apply to bills for food or beverage served in a banquet, convention or meeting facility segregated from the public-at-large, except banquet, convention or meeting facilities that are on the premises of a private club.
(B) (i) This section does not apply to bills presented to or charges paid by guests for accommodations and activities at a guest ranch. (ii) For purposes of subdivision (a)(3)(B)(i), "guest ranch" means a facility segregated from the public-at-large: (a) Offering accommodations for overnight stays and activities typical of western ranching; (b) That may provide other recreational activities exclusively for guests in conjunction with the ranching activities, including, but not limited to, fishing, hiking, horseback riding, rafting and swimming; and (c) At which food services are incidental to the operation of the guest ranch, are only for the guests of the guest ranch and the cost of which are included in the fee to stay.
(i) This section does not apply to bills presented to or charges paid by guests for accommodations and activities at a guest ranch.
(ii) For purposes of subdivision (a)(3)(B)(i), "guest ranch" means a facility segregated from the public-at-large: (a) Offering accommodations for overnight stays and activities typical of western ranching; (b) That may provide other recreational activities exclusively for guests in conjunction with the ranching activities, including, but not limited to, fishing, hiking, horseback riding, rafting and swimming; and (c) At which food services are incidental to the operation of the guest ranch, are only for the guests of the guest ranch and the cost of which are included in the fee to stay.
(a) Offering accommodations for overnight stays and activities typical of western ranching;
(b) That may provide other recreational activities exclusively for guests in conjunction with the ranching activities, including, but not limited to, fishing, hiking, horseback riding, rafting and swimming; and
(c) At which food services are incidental to the operation of the guest ranch, are only for the guests of the guest ranch and the cost of which are included in the fee to stay.
(b) A violation of this section is a Class C misdemeanor. Each failure to pay an employee constitutes a separate offense.
Acts 1983, ch. 152, § 1; 1989, ch. 591, § 113; 2012, ch. 895, § 1.