Tenn. Code Ann. § 50-6-245 — TN Code / Title 50 / Chapter 6 / Section 50-6-245
Judgments with multiple findings and separate awards
Status: in_force

(a) If following a civil action in a workers' compensation case filed pursuant to § 50-6-225 , the court enters a judgment or decree that includes multiple findings with separate awards of payment to the employee, the following shall apply: (1) If the employer, insurer or employee appeals one (1) or more of the findings but not all, any payments owed to the employee as the result of a finding not appealed shall be due and payable to the employee when the time for appealing the judgment or decree has expired; (2) If the employer, insurer or employee appeals more than one (1) of the findings and the supreme court grants permission to appeal as to at least one (1) of the findings appealed but not all, any payments owed to the employee as the result of a finding not appealed or for which permission to appeal was not granted shall be due and payable to the employee when the time for appealing the judgment or decree has expired. (b) (1) When the time for filing an appeal has expired under subdivision (a)(1), the court, unless in its discretion it determines otherwise, shall enter final judgment pursuant to Rule 54.02 of the Rules of Civil Procedure as to all findings not appealed. (2) When the time for filing an appeal has expired under subdivision (a)(2), the supreme court, unless in its discretion it determines otherwise, shall issue a mandate pursuant to Rule 42 of the Rules of Appellate Procedure as to all findings for which permission to appeal was not granted. Acts 2000, ch. 738, § 1.
(a) If following a civil action in a workers' compensation case filed pursuant to § 50-6-225 , the court enters a judgment or decree that includes multiple findings with separate awards of payment to the employee, the following shall apply: (1) If the employer, insurer or employee appeals one (1) or more of the findings but not all, any payments owed to the employee as the result of a finding not appealed shall be due and payable to the employee when the time for appealing the judgment or decree has expired; (2) If the employer, insurer or employee appeals more than one (1) of the findings and the supreme court grants permission to appeal as to at least one (1) of the findings appealed but not all, any payments owed to the employee as the result of a finding not appealed or for which permission to appeal was not granted shall be due and payable to the employee when the time for appealing the judgment or decree has expired.
(1) If the employer, insurer or employee appeals one (1) or more of the findings but not all, any payments owed to the employee as the result of a finding not appealed shall be due and payable to the employee when the time for appealing the judgment or decree has expired;
(2) If the employer, insurer or employee appeals more than one (1) of the findings and the supreme court grants permission to appeal as to at least one (1) of the findings appealed but not all, any payments owed to the employee as the result of a finding not appealed or for which permission to appeal was not granted shall be due and payable to the employee when the time for appealing the judgment or decree has expired.
(b) (1) When the time for filing an appeal has expired under subdivision (a)(1), the court, unless in its discretion it determines otherwise, shall enter final judgment pursuant to Rule 54.02 of the Rules of Civil Procedure as to all findings not appealed. (2) When the time for filing an appeal has expired under subdivision (a)(2), the supreme court, unless in its discretion it determines otherwise, shall issue a mandate pursuant to Rule 42 of the Rules of Appellate Procedure as to all findings for which permission to appeal was not granted.
(1) When the time for filing an appeal has expired under subdivision (a)(1), the court, unless in its discretion it determines otherwise, shall enter final judgment pursuant to Rule 54.02 of the Rules of Civil Procedure as to all findings not appealed.
(2) When the time for filing an appeal has expired under subdivision (a)(2), the supreme court, unless in its discretion it determines otherwise, shall issue a mandate pursuant to Rule 42 of the Rules of Appellate Procedure as to all findings for which permission to appeal was not granted.
Acts 2000, ch. 738, § 1.
Tenn. Code Ann. § 50-9-115 — TN Code / Title 50 / Chapter 9 / Section 50-9-115
Report of healthcare practitioner who tests positive for any drug or refuses to submit to drug test
Status: in_force

Notwithstanding this chapter, a covered employer who has employees who are healthcare practitioners for the purposes of § 63-1-126 shall report a healthcare practitioner who tests positive for any drug on any government or private sector preemployment or employer-ordered confirmed drug test, or who refuses to submit to a drug test, to the department of health and the practitioner's licensing or certifying board as required by § 63-1-126 . Added by 2017 Tenn. Acts, ch. 481,s 4, eff. 7/1/2017.
Notwithstanding this chapter, a covered employer who has employees who are healthcare practitioners for the purposes of § 63-1-126 shall report a healthcare practitioner who tests positive for any drug on any government or private sector preemployment or employer-ordered confirmed drug test, or who refuses to submit to a drug test, to the department of health and the practitioner's licensing or certifying board as required by § 63-1-126 .
Added by 2017 Tenn. Acts, ch. 481,s 4, eff. 7/1/2017.
Tenn. Code Ann. § 50-3-407 — TN Code / Title 50 / Chapter 3 / Section 50-3-407
Manner of imposing penalties
Status: in_force

(a) Penalties provided for by §§ 50-3-402 - 50-3-408 shall be imposed in the following manner: whenever the commissioner has determined that a penalty should be assessed against an employer, the commissioner shall issue a written notification to the employer by certified mail, stating the amount of the penalty to be assessed, the reason for the assessment, which may be done by reference to citations issued prior to or simultaneously with the notification, and informing the employer of the employer's right to appeal to the occupational safety and health review commission. (b) If, within twenty (20) days from the receipt of notification, the employer fails to notify the commissioner that the employer intends to contest the imposition of the penalty, the assessment of a penalty as stated in the notification shall be deemed a final order of the commissioner, and shall not be subject to further review. (c) (1) If an employer notifies the commissioner within twenty (20) days of receipt of notification of a penalty that the employer intends to contest the penalty, the commissioner shall advise the commission of the notification, and the commission shall afford an opportunity for a hearing. (2) The commission shall thereafter issue an order, based on findings of fact, affirming, modifying or vacating the commissioner's citation or assessment of penalty. (3) The order shall become final thirty (30) days after its issuance, unless within that period judicial review of the order has been sought pursuant to § 50-3-806 . Acts 1972, ch. 561, § 11; 1974, ch. 585, §§ 17, 34; 1977, ch. 111, § 22; T.C.A., § 50-537; Acts 1999, ch. 520, § 41.
(a) Penalties provided for by §§ 50-3-402 - 50-3-408 shall be imposed in the following manner: whenever the commissioner has determined that a penalty should be assessed against an employer, the commissioner shall issue a written notification to the employer by certified mail, stating the amount of the penalty to be assessed, the reason for the assessment, which may be done by reference to citations issued prior to or simultaneously with the notification, and informing the employer of the employer's right to appeal to the occupational safety and health review commission.
(b) If, within twenty (20) days from the receipt of notification, the employer fails to notify the commissioner that the employer intends to contest the imposition of the penalty, the assessment of a penalty as stated in the notification shall be deemed a final order of the commissioner, and shall not be subject to further review.
(c) (1) If an employer notifies the commissioner within twenty (20) days of receipt of notification of a penalty that the employer intends to contest the penalty, the commissioner shall advise the commission of the notification, and the commission shall afford an opportunity for a hearing. (2) The commission shall thereafter issue an order, based on findings of fact, affirming, modifying or vacating the commissioner's citation or assessment of penalty. (3) The order shall become final thirty (30) days after its issuance, unless within that period judicial review of the order has been sought pursuant to § 50-3-806 .
(1) If an employer notifies the commissioner within twenty (20) days of receipt of notification of a penalty that the employer intends to contest the penalty, the commissioner shall advise the commission of the notification, and the commission shall afford an opportunity for a hearing.
(2) The commission shall thereafter issue an order, based on findings of fact, affirming, modifying or vacating the commissioner's citation or assessment of penalty.
(3) The order shall become final thirty (30) days after its issuance, unless within that period judicial review of the order has been sought pursuant to § 50-3-806 .
Acts 1972, ch. 561, § 11; 1974, ch. 585, §§ 17, 34; 1977, ch. 111, § 22; T.C.A., § 50-537; Acts 1999, ch. 520, § 41.
Tenn. Code Ann. § 50-7-214 — TN Code / Title 50 / Chapter 7 / Section 50-7-214
"Week" defined
Status: in_force

(a) "Week" means the period of seven (7) consecutive days that the commissioner prescribes by regulation. (b) The commissioner may by regulation prescribe that a week shall be deemed to be "in," "within" or "during" that benefit year that includes the greater part of the week. Acts 1947, ch. 29, § 2; C. Supp. 1950, § 6901.2 (Williams, § 6901.26); T.C.A. (orig. ed.), § 50-1316.
(a) "Week" means the period of seven (7) consecutive days that the commissioner prescribes by regulation.
(b) The commissioner may by regulation prescribe that a week shall be deemed to be "in," "within" or "during" that benefit year that includes the greater part of the week.
Acts 1947, ch. 29, § 2; C. Supp. 1950, § 6901.2 (Williams, § 6901.26); T.C.A. (orig. ed.), § 50-1316.
Tenn. Code Ann. § 50-6-701 — TN Code / Title 50 / Chapter 6 / Section 50-6-701
Part definitions
Status: in_force

As used in this part, unless the context otherwise requires: (1) "Association captive insurance company" means an association captive insurance company described in § 56-13-102 , operated by an association described in § 56-13-102 ; (2) "Electric cooperative" means an electric cooperative or electric membership corporation, whether organized or operating under title 65, chapter 25, or similar statutes of any other state, that distributes electric power purchased from the Tennessee Valley authority (TVA); (3) "Interlocal agreement" means an agreement authorized by title 12, chapter 9, or by this part, or by both; and (4) "Municipal utility" means any governmental entity as defined in § 29-20-102 , having a system for the distribution of electric power, whether operated under the authority of a board of the governmental entity, by a department of the governmental entity or under the authority of a board created pursuant to the Municipal Electric Plant Law of 1935, compiled in title 7, chapter 52, or by the authority of any other law of the state, and that operates an electric generation or distribution system that distributes electric power purchased from the Tennessee Valley authority; and also includes any municipality, county or other political subdivision of another state, whether operated under a board or as a county or municipal department, that distributes electric power purchased from the Tennessee Valley authority. Acts 1995, ch. 488, § 1.
As used in this part, unless the context otherwise requires:
(1) "Association captive insurance company" means an association captive insurance company described in § 56-13-102 , operated by an association described in § 56-13-102 ;
(2) "Electric cooperative" means an electric cooperative or electric membership corporation, whether organized or operating under title 65, chapter 25, or similar statutes of any other state, that distributes electric power purchased from the Tennessee Valley authority (TVA);
(3) "Interlocal agreement" means an agreement authorized by title 12, chapter 9, or by this part, or by both; and
(4) "Municipal utility" means any governmental entity as defined in § 29-20-102 , having a system for the distribution of electric power, whether operated under the authority of a board of the governmental entity, by a department of the governmental entity or under the authority of a board created pursuant to the Municipal Electric Plant Law of 1935, compiled in title 7, chapter 52, or by the authority of any other law of the state, and that operates an electric generation or distribution system that distributes electric power purchased from the Tennessee Valley authority; and also includes any municipality, county or other political subdivision of another state, whether operated under a board or as a county or municipal department, that distributes electric power purchased from the Tennessee Valley authority.
Acts 1995, ch. 488, § 1.
Tenn. Code Ann. § 50-6-401 — TN Code / Title 50 / Chapter 6 / Section 50-6-401
Authority to write insurance - Tax
Status: in_force

(a) (1) (A) Every person, partnership, association, organization or corporation, whether organized under the laws of this or any other state or country, that has or may hereafter comply with the laws of this state and is authorized to write accident or indemnity insurance in this state shall be authorized and empowered to write workers' compensation insurance under the terms and provisions of this part, and likewise every reciprocal and mutual insurance association or corporation shall have the same privileges; provided, that any such entity offering workers' compensation insurance shall be required to offer medical benefits coverage for paid-on-call and volunteer firefighters. (B) For purposes of this subdivision (a)(1), "volunteer firefighter" means any member or personnel of a fire department, volunteer fire department, rescue squad or volunteer rescue squad, including, but not limited to, a junior member, a board member or an auxiliary member of the department or squad. (2) An entity offering workers' compensation insurance shall offer coverage for members of rescue squads on similar terms and conditions as coverage available to full-time paid firefighters or emergency medical services personnel. (b) (1) All insurance carriers provided for by this section shall be subject to a tax of four percent (4%) on premiums collected for workers' compensation insurance, and a surcharge of four-tenths of one percent (0.4%) of the premiums, the surcharge to be earmarked for the administration of the Tennessee Occupational Safety and Health Act, compiled in chapter 3 of this title, and this shall be in lieu of any other tax on premiums for the writing of the business of workers' compensation insurance now provided for by law. (2) The surcharge of four-tenths of one percent (0.4%) on the tax on workers' compensation insurance premiums levied by this section shall not apply to any employer who employs ten (10) or fewer employees unless the employer is in the business of construction or manufacturing. (c) Of the funds collected pursuant to subsection (b), a sum sufficient shall be allocated from and equal to an amount not greater than fifty percent (50%) of the revenues derived from the premium tax levied pursuant to this section, and shall be paid into the subsequent injury and vocational recovery fund created in § 50-6-208 , to provide payments for the benefits provided in § 50-6-208 . Amended by 2013 Tenn. Acts, ch. 210, s 1, eff. 4/23/2013. Acts 1919, ch. 123, § 40; 1923, ch. 84, § 4; Shan. Supp., § 3608a190; Code 1932, § 6894; C. Supp. 1950, § 6894; impl. am. Acts 1980, ch. 534, § 1; Acts 1981, ch. 396, §§ 3, 4; T.C.A. (orig. ed.), § 50-1201; Acts 1985, ch. 393, § 17; 1988, ch. 707, §§ 1, 2; 1995, ch. 449, § 1; 1997 , ch. 533, § 51.
(a) (1) (A) Every person, partnership, association, organization or corporation, whether organized under the laws of this or any other state or country, that has or may hereafter comply with the laws of this state and is authorized to write accident or indemnity insurance in this state shall be authorized and empowered to write workers' compensation insurance under the terms and provisions of this part, and likewise every reciprocal and mutual insurance association or corporation shall have the same privileges; provided, that any such entity offering workers' compensation insurance shall be required to offer medical benefits coverage for paid-on-call and volunteer firefighters. (B) For purposes of this subdivision (a)(1), "volunteer firefighter" means any member or personnel of a fire department, volunteer fire department, rescue squad or volunteer rescue squad, including, but not limited to, a junior member, a board member or an auxiliary member of the department or squad. (2) An entity offering workers' compensation insurance shall offer coverage for members of rescue squads on similar terms and conditions as coverage available to full-time paid firefighters or emergency medical services personnel.
(1) (A) Every person, partnership, association, organization or corporation, whether organized under the laws of this or any other state or country, that has or may hereafter comply with the laws of this state and is authorized to write accident or indemnity insurance in this state shall be authorized and empowered to write workers' compensation insurance under the terms and provisions of this part, and likewise every reciprocal and mutual insurance association or corporation shall have the same privileges; provided, that any such entity offering workers' compensation insurance shall be required to offer medical benefits coverage for paid-on-call and volunteer firefighters. (B) For purposes of this subdivision (a)(1), "volunteer firefighter" means any member or personnel of a fire department, volunteer fire department, rescue squad or volunteer rescue squad, including, but not limited to, a junior member, a board member or an auxiliary member of the department or squad.
(A) Every person, partnership, association, organization or corporation, whether organized under the laws of this or any other state or country, that has or may hereafter comply with the laws of this state and is authorized to write accident or indemnity insurance in this state shall be authorized and empowered to write workers' compensation insurance under the terms and provisions of this part, and likewise every reciprocal and mutual insurance association or corporation shall have the same privileges; provided, that any such entity offering workers' compensation insurance shall be required to offer medical benefits coverage for paid-on-call and volunteer firefighters.
(B) For purposes of this subdivision (a)(1), "volunteer firefighter" means any member or personnel of a fire department, volunteer fire department, rescue squad or volunteer rescue squad, including, but not limited to, a junior member, a board member or an auxiliary member of the department or squad.
(2) An entity offering workers' compensation insurance shall offer coverage for members of rescue squads on similar terms and conditions as coverage available to full-time paid firefighters or emergency medical services personnel.
(b) (1) All insurance carriers provided for by this section shall be subject to a tax of four percent (4%) on premiums collected for workers' compensation insurance, and a surcharge of four-tenths of one percent (0.4%) of the premiums, the surcharge to be earmarked for the administration of the Tennessee Occupational Safety and Health Act, compiled in chapter 3 of this title, and this shall be in lieu of any other tax on premiums for the writing of the business of workers' compensation insurance now provided for by law. (2) The surcharge of four-tenths of one percent (0.4%) on the tax on workers' compensation insurance premiums levied by this section shall not apply to any employer who employs ten (10) or fewer employees unless the employer is in the business of construction or manufacturing.
(1) All insurance carriers provided for by this section shall be subject to a tax of four percent (4%) on premiums collected for workers' compensation insurance, and a surcharge of four-tenths of one percent (0.4%) of the premiums, the surcharge to be earmarked for the administration of the Tennessee Occupational Safety and Health Act, compiled in chapter 3 of this title, and this shall be in lieu of any other tax on premiums for the writing of the business of workers' compensation insurance now provided for by law.
(2) The surcharge of four-tenths of one percent (0.4%) on the tax on workers' compensation insurance premiums levied by this section shall not apply to any employer who employs ten (10) or fewer employees unless the employer is in the business of construction or manufacturing.
(c) Of the funds collected pursuant to subsection (b), a sum sufficient shall be allocated from and equal to an amount not greater than fifty percent (50%) of the revenues derived from the premium tax levied pursuant to this section, and shall be paid into the subsequent injury and vocational recovery fund created in § 50-6-208 , to provide payments for the benefits provided in § 50-6-208 .
Amended by 2013 Tenn. Acts, ch. 210, s 1, eff. 4/23/2013.
Acts 1919, ch. 123, § 40; 1923, ch. 84, § 4; Shan. Supp., § 3608a190; Code 1932, § 6894; C. Supp. 1950, § 6894; impl. am. Acts 1980, ch. 534, § 1; Acts 1981, ch. 396, §§ 3, 4; T.C.A. (orig. ed.), § 50-1201; Acts 1985, ch. 393, § 17; 1988, ch. 707, §§ 1, 2; 1995, ch. 449, § 1; 1997 , ch. 533, § 51.
Tenn. Code Ann. § 50-1-202 — TN Code / Title 50 / Chapter 1 / Section 50-1-202
Contracting for exclusion from employment because of affiliation or nonaffiliation with labor union or employee organization
Status: in_force

It is unlawful for any person, firm, corporation or association of any kind to enter into any contract, combination or agreement, written or oral, providing for exclusion from employment of any person because of membership in, affiliation with, resignation from, or refusal to join or affiliate with any labor union or employee organization of any kind. Acts 1947, ch. 36, § 2; C. Supp. 1950, § 11366.3 (Williams, § 11412.9); T.C.A. (orig. ed.), § 50-209.
It is unlawful for any person, firm, corporation or association of any kind to enter into any contract, combination or agreement, written or oral, providing for exclusion from employment of any person because of membership in, affiliation with, resignation from, or refusal to join or affiliate with any labor union or employee organization of any kind.
Acts 1947, ch. 36, § 2; C. Supp. 1950, § 11366.3 (Williams, § 11412.9); T.C.A. (orig. ed.), § 50-209.
Tenn. Code Ann. § 50-6-302 — TN Code / Title 50 / Chapter 6 / Section 50-6-302
Retroactivity - Coal worker's pneumoconiosis, effect of federal law
Status: in_force

(a) An occupational disease that an employee had on March 12, 1947, shall not be covered under this chapter. An employee has an occupational disease within the meaning of this chapter if the disease or condition has developed to such an extent that it can be diagnosed as an occupational disease. In every suit for compensation benefits, the burden shall be on the employee to prove that the employee did not have, as of that date, the occupational disease for which the employee is seeking compensation. (b) In considering whether an employee has the occupational disease of coal worker's pneumoconiosis and is totally disabled or dies from coal worker's pneumoconiosis, all the presumptions, criteria and standards contained in or promulgated by reason of the federal Coal Mine Health and Safety Act of 1969 (Pub. L. No. 91-173, compiled in 30 U.S.C. § 901 et seq.), specified as the basis for determining eligibility of applicants for benefits because of the disease or its effects shall be used and be applicable under this chapter, and where in a proceeding under this chapter for benefits it is determined the employee or the employee's dependents would be entitled to benefits under the federal Coal Mine Health and Safety Act of 1969, and the Black Lung Benefits Act of 1972 (Pub. L. No. 92-303, compiled in 30 U.S.C. § 901 et seq.), the employee or the employee's dependents by reason of the determination shall be considered totally disabled from coal worker's pneumoconiosis and its effects, under this chapter the same as if the employee, or the employee's dependents, establishes the right to recover benefits based upon a total disability from coal worker's pneumoconiosis, or death by reason of coal worker's pneumoconiosis under the laws of this state. Acts 1947, ch. 139, § 1; C. Supp. 1950, § 6852; Acts 1971, ch. 300, § 4; 1980, ch. 739, § 1; T.C.A. (orig. ed.), § 50-1102.
(a) An occupational disease that an employee had on March 12, 1947, shall not be covered under this chapter. An employee has an occupational disease within the meaning of this chapter if the disease or condition has developed to such an extent that it can be diagnosed as an occupational disease. In every suit for compensation benefits, the burden shall be on the employee to prove that the employee did not have, as of that date, the occupational disease for which the employee is seeking compensation.
(b) In considering whether an employee has the occupational disease of coal worker's pneumoconiosis and is totally disabled or dies from coal worker's pneumoconiosis, all the presumptions, criteria and standards contained in or promulgated by reason of the federal Coal Mine Health and Safety Act of 1969 (Pub. L. No. 91-173, compiled in 30 U.S.C. § 901 et seq.), specified as the basis for determining eligibility of applicants for benefits because of the disease or its effects shall be used and be applicable under this chapter, and where in a proceeding under this chapter for benefits it is determined the employee or the employee's dependents would be entitled to benefits under the federal Coal Mine Health and Safety Act of 1969, and the Black Lung Benefits Act of 1972 (Pub. L. No. 92-303, compiled in 30 U.S.C. § 901 et seq.), the employee or the employee's dependents by reason of the determination shall be considered totally disabled from coal worker's pneumoconiosis and its effects, under this chapter the same as if the employee, or the employee's dependents, establishes the right to recover benefits based upon a total disability from coal worker's pneumoconiosis, or death by reason of coal worker's pneumoconiosis under the laws of this state.
Acts 1947, ch. 139, § 1; C. Supp. 1950, § 6852; Acts 1971, ch. 300, § 4; 1980, ch. 739, § 1; T.C.A. (orig. ed.), § 50-1102.
Tenn. Code Ann. § 50-7-108 — TN Code / Title 50 / Chapter 7 / Section 50-7-108
Report by commissioner of labor and workforce development on the condition of the unemployment compensation fund - Monthly statement
Status: in_force

(a) The commissioner of labor and workforce development shall provide a report to the general assembly concerning the condition of the unemployment compensation fund no later than February 1 of each year based upon the findings as to the balance on December 31 of each year under § 50-7-403(j)(1) . (b) The report provided pursuant to subsection (a) must include: (1) The unemployment compensation fund balance as credited to the state's account with the United States department of treasury as of December 31 of each year; and (2) The projected unemployment compensation fund revenues and expenditures and unemployment compensation fund balances for the eighteen-month period following December 31. The report shall be prepared and documented in accordance with sound statistical methodology and shall be accompanied by a written explanation of the methodology. (c) The commissioner of labor and workforce development shall provide a monthly statement to the general assembly concerning the unemployment compensation fund balance on or before the last business day of each month based upon the findings as to the balance on the last day of the preceding month. Amended by 2018 Tenn. Acts, ch. 642,s 1, eff. 7/1/2018. Acts 2009, ch. 550, § 15.
(a) The commissioner of labor and workforce development shall provide a report to the general assembly concerning the condition of the unemployment compensation fund no later than February 1 of each year based upon the findings as to the balance on December 31 of each year under § 50-7-403(j)(1) .
(b) The report provided pursuant to subsection (a) must include: (1) The unemployment compensation fund balance as credited to the state's account with the United States department of treasury as of December 31 of each year; and (2) The projected unemployment compensation fund revenues and expenditures and unemployment compensation fund balances for the eighteen-month period following December 31. The report shall be prepared and documented in accordance with sound statistical methodology and shall be accompanied by a written explanation of the methodology.
(1) The unemployment compensation fund balance as credited to the state's account with the United States department of treasury as of December 31 of each year; and
(2) The projected unemployment compensation fund revenues and expenditures and unemployment compensation fund balances for the eighteen-month period following December 31. The report shall be prepared and documented in accordance with sound statistical methodology and shall be accompanied by a written explanation of the methodology.
(c) The commissioner of labor and workforce development shall provide a monthly statement to the general assembly concerning the unemployment compensation fund balance on or before the last business day of each month based upon the findings as to the balance on the last day of the preceding month.
Amended by 2018 Tenn. Acts, ch. 642,s 1, eff. 7/1/2018.
Acts 2009, ch. 550, § 15.
Tenn. Code Ann. § 50-6-211 — TN Code / Title 50 / Chapter 6 / Section 50-6-211
Contribution to payment of compensation by two or more employers - Agreement between employers
Status: in_force

(a) In case any employee for whose injury or death compensation is payable under this chapter, shall, at the time of injury, be employed and paid jointly by two (2) or more employers subject to this chapter, the employers shall contribute to the payment of the compensation in a proportion of their several wage liability to the employee. (b) If one (1) or more, but not all, of the employers are subject to this chapter, and otherwise subject to liability for compensation under this chapter, then the liability of those who are so subject shall be to pay the proportion of the entire compensation that their portion of the wage liability bears to the wages of the employee; provided, that nothing in this section shall prevent any agreement between the different employers between themselves as to the distribution of the ultimate burden of the compensation. Acts 1919, ch. 123, § 29; Shan. Supp., § 3608a180; Code 1932, § 6882; impl. am. Acts 1980, ch. 534, § 1; T.C.A. (orig. ed.), § 50-1012.
(a) In case any employee for whose injury or death compensation is payable under this chapter, shall, at the time of injury, be employed and paid jointly by two (2) or more employers subject to this chapter, the employers shall contribute to the payment of the compensation in a proportion of their several wage liability to the employee.
(b) If one (1) or more, but not all, of the employers are subject to this chapter, and otherwise subject to liability for compensation under this chapter, then the liability of those who are so subject shall be to pay the proportion of the entire compensation that their portion of the wage liability bears to the wages of the employee; provided, that nothing in this section shall prevent any agreement between the different employers between themselves as to the distribution of the ultimate burden of the compensation.
Acts 1919, ch. 123, § 29; Shan. Supp., § 3608a180; Code 1932, § 6882; impl. am. Acts 1980, ch. 534, § 1; T.C.A. (orig. ed.), § 50-1012.
Tenn. Code Ann. § 50-7-609 — TN Code / Title 50 / Chapter 7 / Section 50-7-609
Assistant or deputy commissioner
Status: in_force

(a) The commissioner of labor and workforce development may appoint an assistant or deputy commissioner for the division of employment security, and may delegate to the person so appointed the responsibility and authority in connection with the administration of this chapter, the commissioner may, from time to time, deem necessary, reasonable and proper for the effective and efficient administration of the division, including, but not limited to, the coordination of the unemployment compensation bureau of the division and the Tennessee state employment service. (b) Neither this chapter nor title 8, chapter 30 shall apply to the appointment of the assistant or deputy commissioner provided for in this section, or to the assistant or deputy commissioner's tenure of office, it being the express intent that the assistant or deputy commissioner shall serve in that capacity solely at the will of the commissioner. Acts 1955, ch. 5, §§ 1-3; T.C.A., §§ 50-1359 -- 50-1361; Acts 1983, ch. 371, §§ 2, 3; 1999, ch. 520, § 41; 2012, ch. 800, § 49.
(a) The commissioner of labor and workforce development may appoint an assistant or deputy commissioner for the division of employment security, and may delegate to the person so appointed the responsibility and authority in connection with the administration of this chapter, the commissioner may, from time to time, deem necessary, reasonable and proper for the effective and efficient administration of the division, including, but not limited to, the coordination of the unemployment compensation bureau of the division and the Tennessee state employment service.
(b) Neither this chapter nor title 8, chapter 30 shall apply to the appointment of the assistant or deputy commissioner provided for in this section, or to the assistant or deputy commissioner's tenure of office, it being the express intent that the assistant or deputy commissioner shall serve in that capacity solely at the will of the commissioner.
Acts 1955, ch. 5, §§ 1-3; T.C.A., §§ 50-1359 -- 50-1361; Acts 1983, ch. 371, §§ 2, 3; 1999, ch. 520, § 41; 2012, ch. 800, § 49.
Tenn. Code Ann. § 50-7-806 — TN Code / Title 50 / Chapter 7 / Section 50-7-806
Rules
Status: in_force

The department has authority to adopt rules to effectuate this part. The rules shall be adopted in accordance with the rulemaking provisions of the Uniform Administrative Procedures Act, compiled in title 4, chapter 5. The department may also adopt emergency rules as determined to be necessary to effectuate this chapter, in accordance with the Uniform Administrative Procedures Act. No rule shall be adopted without prior hearing and notice as provided under the Uniform Administrative Procedures Act. Acts 2012, ch. 1068, § 1.
The department has authority to adopt rules to effectuate this part. The rules shall be adopted in accordance with the rulemaking provisions of the Uniform Administrative Procedures Act, compiled in title 4, chapter 5. The department may also adopt emergency rules as determined to be necessary to effectuate this chapter, in accordance with the Uniform Administrative Procedures Act. No rule shall be adopted without prior hearing and notice as provided under the Uniform Administrative Procedures Act.
Acts 2012, ch. 1068, § 1.
Tenn. Code Ann. § 50-6-1014 — TN Code / Title 50 / Chapter 6 / Section 50-6-1014
Tax and fee exemption
Status: in_force

The association is exempt from payment of all fees, except examination fees, and all taxes levied by this state or any of its subdivisions, except taxes levied on real or personal property. Added by 2024 Tenn. Acts, ch. 666,s 1, eff. 4/9/2024.
The association is exempt from payment of all fees, except examination fees, and all taxes levied by this state or any of its subdivisions, except taxes levied on real or personal property.
Added by 2024 Tenn. Acts, ch. 666,s 1, eff. 4/9/2024.
Tenn. Code Ann. § 50-5-103 — TN Code / Title 50 / Chapter 5 / Section 50-5-103
Employment of minor under 14 years of age - Penalty
Status: in_force

(a) A minor under fourteen (14) years of age may not be employed in any gainful occupation except as otherwise provided in § 50-5-107 . (b) Any person who violates subsection (a) commits a Class D felony. Acts 1976, ch. 480, § 3; T.C.A., § 50-703; Acts 2001, ch. 378, § 1.
(a) A minor under fourteen (14) years of age may not be employed in any gainful occupation except as otherwise provided in § 50-5-107 .
(b) Any person who violates subsection (a) commits a Class D felony.
Acts 1976, ch. 480, § 3; T.C.A., § 50-703; Acts 2001, ch. 378, § 1.
Tenn. Code Ann. § 50-6-107 — TN Code / Title 50 / Chapter 6 / Section 50-6-107
Application to coal mine operators and employees
Status: in_force

This chapter shall apply to coal mine operators and to their employees. Code 1932, § 6857; Acts 1972, ch. 699, § 1; impl. am. Acts 1980, ch. 534, § 1; T.C.A. (orig. ed.), § 50-907.
This chapter shall apply to coal mine operators and to their employees.
Code 1932, § 6857; Acts 1972, ch. 699, § 1; impl. am. Acts 1980, ch. 534, § 1; T.C.A. (orig. ed.), § 50-907.
Tenn. Code Ann. § 50-1-603 — TN Code / Title 50 / Chapter 1 / Section 50-1-603
Provisions not applicable in certain situations
Status: in_force

Section 50-1-602(a) shall not apply to any reduction in operations that: (1) Results solely from a labor dispute; (2) Occurs at a construction site or other temporary workplace; or (3) Results from seasonal factors, as determined by the rules of the commissioner of labor and workforce development to be customary within the business or industry. Acts 1988, ch. 997, § 4; 1989, ch. 399, § 3; 1999, ch. 520, § 41.
Section 50-1-602(a) shall not apply to any reduction in operations that:
(1) Results solely from a labor dispute;
(2) Occurs at a construction site or other temporary workplace; or
(3) Results from seasonal factors, as determined by the rules of the commissioner of labor and workforce development to be customary within the business or industry.
Acts 1988, ch. 997, § 4; 1989, ch. 399, § 3; 1999, ch. 520, § 41.
Tenn. Code Ann. § 50-1-104 — TN Code / Title 50 / Chapter 1 / Section 50-1-104
State officials notified of plant closings or mass layoffs
Status: in_force

Upon being served with advance written notification of a plant closing or mass layoff pursuant to § 3(a)(2) of the Worker Adjustment and Retraining Notification Act ( 29 U.S.C. § 2102 ), the commissioner of labor and workforce development shall immediately advise the commissioners of economic and community development, education, health, human services, and mental health and substance abuse services, the executive director of the state board of education, and the chancellor of the state university and community college system concerning the circumstances of the plant closing or mass layoff, including the number of employees affected. Acts 1989, ch. 399, § 2; 1999, ch. 520, § 41; 2010 , ch. 1100, § 84; 2012 , ch. 575, § 2.
Upon being served with advance written notification of a plant closing or mass layoff pursuant to § 3(a)(2) of the Worker Adjustment and Retraining Notification Act ( 29 U.S.C. § 2102 ), the commissioner of labor and workforce development shall immediately advise the commissioners of economic and community development, education, health, human services, and mental health and substance abuse services, the executive director of the state board of education, and the chancellor of the state university and community college system concerning the circumstances of the plant closing or mass layoff, including the number of employees affected.
Acts 1989, ch. 399, § 2; 1999, ch. 520, § 41; 2010 , ch. 1100, § 84; 2012 , ch. 575, § 2.
Tenn. Code Ann. § 50-4-104 — TN Code / Title 50 / Chapter 4 / Section 50-4-104
Issuance of warrant - Notice not required
Status: in_force

(a) The issuing officer shall immediately make a finding as to whether an administrative inspection warrant should be issued and if the issuing officer so determines, issue the warrant. (b) No notice shall be required prior to the issuance of the warrant. Acts 1979, ch. 345, § 5; T.C.A., § 50-604.
(a) The issuing officer shall immediately make a finding as to whether an administrative inspection warrant should be issued and if the issuing officer so determines, issue the warrant.
(b) No notice shall be required prior to the issuance of the warrant.
Acts 1979, ch. 345, § 5; T.C.A., § 50-604.
Tenn. Code Ann. § 50-3-402 — TN Code / Title 50 / Chapter 3 / Section 50-3-402
Authority of commissioner
Status: in_force

(a) The commissioner has the authority to assess monetary penalties as provided in this section and §§ 50-3-403 - 50-3-408 for any violation of this chapter or of any standard, rule or order adopted by regulation promulgated by the commissioner pursuant to this chapter. (b) In making the assessment, the commissioner shall give due consideration to the appropriateness of the penalty with respect to the size of the business of the employer charged, the gravity of the violation, the good faith of the employer and the employer's history of previous violations. Acts 1972, ch. 561, § 11; 1974, ch. 585, § 16; 1977, ch. 111, § 19; T.C.A., § 50-531; Acts 1999, ch. 520, § 41.
(a) The commissioner has the authority to assess monetary penalties as provided in this section and §§ 50-3-403 - 50-3-408 for any violation of this chapter or of any standard, rule or order adopted by regulation promulgated by the commissioner pursuant to this chapter.
(b) In making the assessment, the commissioner shall give due consideration to the appropriateness of the penalty with respect to the size of the business of the employer charged, the gravity of the violation, the good faith of the employer and the employer's history of previous violations.
Acts 1972, ch. 561, § 11; 1974, ch. 585, § 16; 1977, ch. 111, § 19; T.C.A., § 50-531; Acts 1999, ch. 520, § 41.
Tenn. Code Ann. § 50-3-906 — TN Code / Title 50 / Chapter 3 / Section 50-3-906
State departments and agencies - Responsibilities
Status: in_force

It is the responsibility of each administrative department, commission, board, division or other agency of the state to establish and maintain an effective and comprehensive occupational safety and health program consistent with the standards promulgated under this chapter. The head of each agency shall, in consultation with employees or representatives of employees of the agency: (1) Provide a safe and healthful place and conditions of employment; (2) Acquire, maintain and require the use of safety equipment, personal protective equipment and devices reasonably necessary to protect employees; (3) Make, keep, preserve and make available to the commissioner of labor and workforce development, the commissioner's designated representative or persons within the agency to whom the responsibilities have been delegated, adequate records of all occupational accidents and personal injuries for proper evaluation and necessary corrective action as required under §§ 50-3-701 and 50-3-702 ; (4) Consult with the commissioner with regard to the adequacy of the form and content of records kept pursuant to subdivision (3); (5) By agreement with the commissioner, devise a program of inspection and sanctions required to carry out the purposes of the chapter; (6) Consult with the commissioner regarding health and safety problems of the agency that are considered to be unusual or peculiar to its activities, or responsibilities that cannot be achieved under a standard required under this chapter; (7) Make an annual report to the commissioner with respect to accidents and personal injuries and the agency's program under the chapter; and (8) Provide reasonable opportunity for the participation of employees in the effectuation of the objectives of this section, including the opportunity to make anonymous complaints concerning conditions or practices injurious to employee safety and health. Acts 1972, ch. 561, § 19; 1974, ch. 585, §§ 28, 37; 1977, ch. 111, § 38; T.C.A., § 50-567; Acts 1999, ch. 520, § 41.
It is the responsibility of each administrative department, commission, board, division or other agency of the state to establish and maintain an effective and comprehensive occupational safety and health program consistent with the standards promulgated under this chapter. The head of each agency shall, in consultation with employees or representatives of employees of the agency:
(1) Provide a safe and healthful place and conditions of employment;
(2) Acquire, maintain and require the use of safety equipment, personal protective equipment and devices reasonably necessary to protect employees;
(3) Make, keep, preserve and make available to the commissioner of labor and workforce development, the commissioner's designated representative or persons within the agency to whom the responsibilities have been delegated, adequate records of all occupational accidents and personal injuries for proper evaluation and necessary corrective action as required under §§ 50-3-701 and 50-3-702 ;
(4) Consult with the commissioner with regard to the adequacy of the form and content of records kept pursuant to subdivision (3);
(5) By agreement with the commissioner, devise a program of inspection and sanctions required to carry out the purposes of the chapter;
(6) Consult with the commissioner regarding health and safety problems of the agency that are considered to be unusual or peculiar to its activities, or responsibilities that cannot be achieved under a standard required under this chapter;
(7) Make an annual report to the commissioner with respect to accidents and personal injuries and the agency's program under the chapter; and
(8) Provide reasonable opportunity for the participation of employees in the effectuation of the objectives of this section, including the opportunity to make anonymous complaints concerning conditions or practices injurious to employee safety and health.
Acts 1972, ch. 561, § 19; 1974, ch. 585, §§ 28, 37; 1977, ch. 111, § 38; T.C.A., § 50-567; Acts 1999, ch. 520, § 41.
Tenn. Code Ann. § 50-6-201 — TN Code / Title 50 / Chapter 6 / Section 50-6-201
Notice of injury
Status: in_force

(a) (1) Every injured employee or the injured employee's representative shall, immediately upon the occurrence of an injury, or as soon thereafter as is reasonable and practicable, give or cause to be given to the employer who has no actual notice, written notice of the injury, and the employee shall not be entitled to physician's fees or to any compensation that may have accrued under this chapter, from the date of the accident to the giving of notice, unless it can be shown that the employer had actual knowledge of the accident. No compensation shall be payable under this chapter, unless the written notice is given to the employer within fifteen (15) days after the occurrence of the accident, unless reasonable excuse for failure to give the notice is made to the satisfaction of the tribunal to which the claim for compensation may be presented. (2) The notice of the occurrence of an accident by the employee required to be given to the employer shall state in plain and simple language the name and address of the employee and the time, place, nature, and cause of the accident resulting in injury or death. The notice shall be signed by the claimant or by some person authorized to sign on the claimant's behalf, or by any one (1) or more of the claimant's dependents if the accident resulted in death to the employee. (3) No defect or inaccuracy in the notice shall be a bar to compensation, unless the employer can show, to the satisfaction of the workers' compensation judge before which the matter is pending, that the employer was prejudiced by the failure to give the proper notice, and then only to the extent of the prejudice. (4) The notice shall be given personally to the employer or to the employer's agent or agents having charge of the business at which the injury was sustained by the employee. (b) In those cases where the injuries occur as the result of gradual or cumulative events or trauma, then the injured employee or the injured employee's representative shall provide notice of the injury to the employer within fifteen (15) days after the employee: (1) Knows or reasonably should know that the employee has suffered a work-related injury that has resulted in permanent physical impairment; or (2) Is rendered unable to continue to perform the employee's normal work activities as the result of the work-related injury and the employee knows or reasonably should know that the injury was caused by work-related activities. Acts 1919, ch. 123, § 22; Shan. Supp., § 3608a171; Code 1932, § 6872; impl. am. Acts 1980, ch. 534, § 1; T.C.A. (orig. ed.), § 50-1001; Acts 2001, ch. 219, § 1; 2006, ch. 1014, § 3; 2013, ch. 289, § 29; 2016, ch. 1056, § 1.
(a) (1) Every injured employee or the injured employee's representative shall, immediately upon the occurrence of an injury, or as soon thereafter as is reasonable and practicable, give or cause to be given to the employer who has no actual notice, written notice of the injury, and the employee shall not be entitled to physician's fees or to any compensation that may have accrued under this chapter, from the date of the accident to the giving of notice, unless it can be shown that the employer had actual knowledge of the accident. No compensation shall be payable under this chapter, unless the written notice is given to the employer within fifteen (15) days after the occurrence of the accident, unless reasonable excuse for failure to give the notice is made to the satisfaction of the tribunal to which the claim for compensation may be presented. (2) The notice of the occurrence of an accident by the employee required to be given to the employer shall state in plain and simple language the name and address of the employee and the time, place, nature, and cause of the accident resulting in injury or death. The notice shall be signed by the claimant or by some person authorized to sign on the claimant's behalf, or by any one (1) or more of the claimant's dependents if the accident resulted in death to the employee. (3) No defect or inaccuracy in the notice shall be a bar to compensation, unless the employer can show, to the satisfaction of the workers' compensation judge before which the matter is pending, that the employer was prejudiced by the failure to give the proper notice, and then only to the extent of the prejudice. (4) The notice shall be given personally to the employer or to the employer's agent or agents having charge of the business at which the injury was sustained by the employee.
(1) Every injured employee or the injured employee's representative shall, immediately upon the occurrence of an injury, or as soon thereafter as is reasonable and practicable, give or cause to be given to the employer who has no actual notice, written notice of the injury, and the employee shall not be entitled to physician's fees or to any compensation that may have accrued under this chapter, from the date of the accident to the giving of notice, unless it can be shown that the employer had actual knowledge of the accident. No compensation shall be payable under this chapter, unless the written notice is given to the employer within fifteen (15) days after the occurrence of the accident, unless reasonable excuse for failure to give the notice is made to the satisfaction of the tribunal to which the claim for compensation may be presented.
(2) The notice of the occurrence of an accident by the employee required to be given to the employer shall state in plain and simple language the name and address of the employee and the time, place, nature, and cause of the accident resulting in injury or death. The notice shall be signed by the claimant or by some person authorized to sign on the claimant's behalf, or by any one (1) or more of the claimant's dependents if the accident resulted in death to the employee.
(3) No defect or inaccuracy in the notice shall be a bar to compensation, unless the employer can show, to the satisfaction of the workers' compensation judge before which the matter is pending, that the employer was prejudiced by the failure to give the proper notice, and then only to the extent of the prejudice.
(4) The notice shall be given personally to the employer or to the employer's agent or agents having charge of the business at which the injury was sustained by the employee.
(b) In those cases where the injuries occur as the result of gradual or cumulative events or trauma, then the injured employee or the injured employee's representative shall provide notice of the injury to the employer within fifteen (15) days after the employee: (1) Knows or reasonably should know that the employee has suffered a work-related injury that has resulted in permanent physical impairment; or (2) Is rendered unable to continue to perform the employee's normal work activities as the result of the work-related injury and the employee knows or reasonably should know that the injury was caused by work-related activities.
(1) Knows or reasonably should know that the employee has suffered a work-related injury that has resulted in permanent physical impairment; or
(2) Is rendered unable to continue to perform the employee's normal work activities as the result of the work-related injury and the employee knows or reasonably should know that the injury was caused by work-related activities.
Acts 1919, ch. 123, § 22; Shan. Supp., § 3608a171; Code 1932, § 6872; impl. am. Acts 1980, ch. 534, § 1; T.C.A. (orig. ed.), § 50-1001; Acts 2001, ch. 219, § 1; 2006, ch. 1014, § 3; 2013, ch. 289, § 29; 2016, ch. 1056, § 1.
Tenn. Code Ann. § 50-6-604 — TN Code / Title 50 / Chapter 6 / Section 50-6-604
Board of directors - Members
Status: in_force

(a) In the event the commissioner of commerce and insurance elects to make the fund operational pursuant to § 56-5-114 , the existing board of directors shall terminate and a new board shall be appointed within sixty (60) days of the election. (b) The board of directors shall initially consist of seven (7) members who are knowledgeable concerning the workers' compensation system. The state treasurer shall be an ex officio member. Initially, the speakers of the senate and the house of representatives and the governor shall each appoint one (1) member for a two-year term and one (1) member for a three-year term. Each director shall hold office until a successor is appointed and qualifies. The board shall annually elect a chair from among its members and other officers it deems necessary for the performance of its duties. (c) (1) Once the fund is operational and the commissioner of commerce and insurance certifies it as a fund able to effectively operate under this part and title 56, then on the next scheduled expiration of board members' terms: (A) The members shall be elected by policyholders; and (B) The state treasurer shall, on expiration of the treasurer's term, cease to be a member of the board. (2) The successor board shall consist of seven (7) members selected by policyholders for three-year terms. Acts 1992, ch. 900, § 26; 1996, ch. 944, § 28.
(a) In the event the commissioner of commerce and insurance elects to make the fund operational pursuant to § 56-5-114 , the existing board of directors shall terminate and a new board shall be appointed within sixty (60) days of the election.
(b) The board of directors shall initially consist of seven (7) members who are knowledgeable concerning the workers' compensation system. The state treasurer shall be an ex officio member. Initially, the speakers of the senate and the house of representatives and the governor shall each appoint one (1) member for a two-year term and one (1) member for a three-year term. Each director shall hold office until a successor is appointed and qualifies. The board shall annually elect a chair from among its members and other officers it deems necessary for the performance of its duties.
(c) (1) Once the fund is operational and the commissioner of commerce and insurance certifies it as a fund able to effectively operate under this part and title 56, then on the next scheduled expiration of board members' terms: (A) The members shall be elected by policyholders; and (B) The state treasurer shall, on expiration of the treasurer's term, cease to be a member of the board. (2) The successor board shall consist of seven (7) members selected by policyholders for three-year terms.
(1) Once the fund is operational and the commissioner of commerce and insurance certifies it as a fund able to effectively operate under this part and title 56, then on the next scheduled expiration of board members' terms: (A) The members shall be elected by policyholders; and (B) The state treasurer shall, on expiration of the treasurer's term, cease to be a member of the board.
(A) The members shall be elected by policyholders; and
(B) The state treasurer shall, on expiration of the treasurer's term, cease to be a member of the board.
(2) The successor board shall consist of seven (7) members selected by policyholders for three-year terms.
Acts 1992, ch. 900, § 26; 1996, ch. 944, § 28.
Tenn. Code Ann. § 50-6-227 — TN Code / Title 50 / Chapter 6 / Section 50-6-227
Reserved
Status: repealed

Repealed by 2013 Tenn. Acts, ch. 289, s 65, eff. 7/1/2014. Acts 1919, ch. 123, § 34; Shan. Supp. § 3608a184; Code 1932, § 6888; impl. am. Acts 1980, ch. 534, § 1; T.C.A. (orig. ed.), § 50-1021; Acts 2004, ch. 962, § 17.
Repealed by 2013 Tenn. Acts, ch. 289, s 65, eff. 7/1/2014.
Acts 1919, ch. 123, § 34; Shan. Supp. § 3608a184; Code 1932, § 6888; impl. am. Acts 1980, ch. 534, § 1; T.C.A. (orig. ed.), § 50-1021; Acts 2004, ch. 962, § 17.
Tenn. Code Ann. § 50-1-707 — TN Code / Title 50 / Chapter 1 / Section 50-1-707
Compliance deadline
Status: in_force

On or after January 1, 2012, in addition to any other requirement to receive an economic development incentive, a private employer shall be in compliance with this part. Acts 2011, ch. 436, § 5.
On or after January 1, 2012, in addition to any other requirement to receive an economic development incentive, a private employer shall be in compliance with this part.
Acts 2011, ch. 436, § 5.
Tenn. Code Ann. § 50-6-1012 — TN Code / Title 50 / Chapter 6 / Section 50-6-1012
Reports by the board
Status: in_force

The board of directors may, upon majority vote, make reports to the commissioner upon any matter germane to the solvency or default of any member self-insurer. Added by 2024 Tenn. Acts, ch. 666,s 1, eff. 4/9/2024.
The board of directors may, upon majority vote, make reports to the commissioner upon any matter germane to the solvency or default of any member self-insurer.
Added by 2024 Tenn. Acts, ch. 666,s 1, eff. 4/9/2024.
Tenn. Code Ann. § 50-6-243 — TN Code / Title 50 / Chapter 6 / Section 50-6-243
Reserved
Status: repealed

Repealed by 2013 Tenn. Acts, ch. 289, s 91, eff. 7/1/2014. Acts 1992, ch. 1002, § 1.
Repealed by 2013 Tenn. Acts, ch. 289, s 91, eff. 7/1/2014.
Acts 1992, ch. 1002, § 1.
Tenn. Code Ann. § 50-6-307 — TN Code / Title 50 / Chapter 6 / Section 50-6-307
Waiver of compensation for aggravation of condition
Status: in_force

(a) (1) When an employee, or prospective employee, though not incapacitated for work, is found to be affected by or susceptible to a specific occupational disease, the employee or prospective employee may, subject to the approval of the workers' compensation bureau of the department of labor and workforce development, be permitted to waive in writing compensation for any aggravation of the employee's or prospective employee's condition that may result from the employee's or prospective employee's working or continuing to work in the same or similar occupation for the same employer or for another employer; provided, that this provision shall not apply to specific occupational diseases on which waivers are prohibited by the federal Coal Mine Health and Safety Act of 1969 ( 30 U.S.C. § 901 et seq.). (2) All provisions of this chapter, with respect to accidents shall be applicable to the coverage provided in this part for occupational diseases, except as otherwise provided in this part. (b) When an employee or prospective employee has a prior history of heart disease, heart attack or coronary failure or occlusion, the employee or prospective employee may be permitted to waive in writing compensation from the employee's or prospective employee's employer or future employer for claims growing out of an aggravation or repetition of the condition, the waiver to be evidenced by filing with the administrator a written instrument to which shall be attached a copy of a medical statement giving the prior history of the condition, and in all those cases claims for workers' compensation benefits growing out of an aggravation or repetition of the condition by the employee or the employee's dependents shall be barred. (c) No employer shall require the execution of a waiver by any employee who was at work on March 17, 1961, unless the employee subsequently suffers a heart condition. Acts 1947, ch. 139, § 1; C. Supp. 1950, § 6852; Acts 1961, ch. 339, § 1; 1972, ch. 699, § 7; impl. am. Acts 1980, ch. 534, § 1; T.C.A. (orig. ed.), § 50-1109; Acts 1999, ch. 520, § 41.
(a) (1) When an employee, or prospective employee, though not incapacitated for work, is found to be affected by or susceptible to a specific occupational disease, the employee or prospective employee may, subject to the approval of the workers' compensation bureau of the department of labor and workforce development, be permitted to waive in writing compensation for any aggravation of the employee's or prospective employee's condition that may result from the employee's or prospective employee's working or continuing to work in the same or similar occupation for the same employer or for another employer; provided, that this provision shall not apply to specific occupational diseases on which waivers are prohibited by the federal Coal Mine Health and Safety Act of 1969 ( 30 U.S.C. § 901 et seq.). (2) All provisions of this chapter, with respect to accidents shall be applicable to the coverage provided in this part for occupational diseases, except as otherwise provided in this part.
(1) When an employee, or prospective employee, though not incapacitated for work, is found to be affected by or susceptible to a specific occupational disease, the employee or prospective employee may, subject to the approval of the workers' compensation bureau of the department of labor and workforce development, be permitted to waive in writing compensation for any aggravation of the employee's or prospective employee's condition that may result from the employee's or prospective employee's working or continuing to work in the same or similar occupation for the same employer or for another employer; provided, that this provision shall not apply to specific occupational diseases on which waivers are prohibited by the federal Coal Mine Health and Safety Act of 1969 ( 30 U.S.C. § 901 et seq.).
(2) All provisions of this chapter, with respect to accidents shall be applicable to the coverage provided in this part for occupational diseases, except as otherwise provided in this part.
(b) When an employee or prospective employee has a prior history of heart disease, heart attack or coronary failure or occlusion, the employee or prospective employee may be permitted to waive in writing compensation from the employee's or prospective employee's employer or future employer for claims growing out of an aggravation or repetition of the condition, the waiver to be evidenced by filing with the administrator a written instrument to which shall be attached a copy of a medical statement giving the prior history of the condition, and in all those cases claims for workers' compensation benefits growing out of an aggravation or repetition of the condition by the employee or the employee's dependents shall be barred.
(c) No employer shall require the execution of a waiver by any employee who was at work on March 17, 1961, unless the employee subsequently suffers a heart condition.
Acts 1947, ch. 139, § 1; C. Supp. 1950, § 6852; Acts 1961, ch. 339, § 1; 1972, ch. 699, § 7; impl. am. Acts 1980, ch. 534, § 1; T.C.A. (orig. ed.), § 50-1109; Acts 1999, ch. 520, § 41.
Tenn. Code Ann. § 50-6-408 — TN Code / Title 50 / Chapter 6 / Section 50-6-408
Mandatory policy provisions
Status: in_force

All policies insuring the payment of compensation under this chapter, including all contracts of mutual, reciprocal, or interinsurance, must contain a clause to the effect that: (1) As between the employer and the insurer or insurers, the notice of or knowledge of the occurrence of the injury on the part of the insured employer shall be deemed notice or knowledge, as the case may be, on the part of the insurer or insurers; (2) Jurisdiction of the insured for the purpose of this chapter shall be jurisdiction of the insurer or insurers; and (3) The insurer or insurers shall in all things be bound by and subject to the awards, orders, judgments or decrees rendered against the insured employer, whether a formal party to the proceedings or not. Acts 1919, ch. 123, § 44; Shan. Supp., § 3608a194; Code 1932, § 6898; impl. am. Acts 1980, ch. 534, § 1; T.C.A. (orig. ed.), § 50-1208.
All policies insuring the payment of compensation under this chapter, including all contracts of mutual, reciprocal, or interinsurance, must contain a clause to the effect that:
(1) As between the employer and the insurer or insurers, the notice of or knowledge of the occurrence of the injury on the part of the insured employer shall be deemed notice or knowledge, as the case may be, on the part of the insurer or insurers;
(2) Jurisdiction of the insured for the purpose of this chapter shall be jurisdiction of the insurer or insurers; and
(3) The insurer or insurers shall in all things be bound by and subject to the awards, orders, judgments or decrees rendered against the insured employer, whether a formal party to the proceedings or not.
Acts 1919, ch. 123, § 44; Shan. Supp., § 3608a194; Code 1932, § 6898; impl. am. Acts 1980, ch. 534, § 1; T.C.A. (orig. ed.), § 50-1208.
Tenn. Code Ann. § 50-5-110 — TN Code / Title 50 / Chapter 5 / Section 50-5-110
Duties of department
Status: in_force

The department shall administer and enforce this part. In addition, the department shall: (1) Supply employers of minors with printed copies of the regulations governing the employment and hours of work of minors and occupations prohibited to minors under this part; (2) Inspect all places where minors may be employed and all pertinent records of employment, at any reasonable time, and as often as necessary to effectively enforce this part; (3) Notify in writing any person charged with a violation of this part as to the nature of the violation; (4) Bring a complaint before any court of competent jurisdiction against persons violating this part and prosecute these violations; and (5) Make, keep and preserve a file record of all places where minors may be employed. Acts 1976, ch. 480, § 13; 1978, ch. 541, § 7; T.C.A., § 50-713; Acts 1986, ch. 844, § 5.
The department shall administer and enforce this part. In addition, the department shall:
(1) Supply employers of minors with printed copies of the regulations governing the employment and hours of work of minors and occupations prohibited to minors under this part;
(2) Inspect all places where minors may be employed and all pertinent records of employment, at any reasonable time, and as often as necessary to effectively enforce this part;
(3) Notify in writing any person charged with a violation of this part as to the nature of the violation;
(4) Bring a complaint before any court of competent jurisdiction against persons violating this part and prosecute these violations; and
(5) Make, keep and preserve a file record of all places where minors may be employed.
Acts 1976, ch. 480, § 13; 1978, ch. 541, § 7; T.C.A., § 50-713; Acts 1986, ch. 844, § 5.
Tenn. Code Ann. § 50-1-309 — TN Code / Title 50 / Chapter 1 / Section 50-1-309
Volunteer firefighters - Permission to leave work - Allowance for time off following response to fire call
Status: in_force

(a) (1) Notwithstanding § 50-1-307 , any employee who is an active volunteer firefighter may be permitted to leave work in order to respond to fire calls during the employee's regular hours of employment without loss of pay, vacation time, sick leave or earned overtime accumulation. The employee may be permitted to take off the next scheduled work period within twelve (12) hours following the response as a vacation day or sick leave day without loss of pay, if the employee assisted in fighting the fire for more than four (4) hours. If the employee is not entitled to a vacation day or sick leave day, then the employee may be permitted to take off the work period without pay. (2) In addition to subdivision (a)(1), any employee who is an active volunteer firefighter and who worked for more than four (4) hours the prior day or night as a volunteer firefighter in an emergency may be permitted to take off the next scheduled work period within twelve (12) hours following the emergency as a vacation day or sick leave day without the loss of pay. If the employee is not entitled to a vacation day or sick leave day then the employee may be permitted to take off the work period without pay. (b) The employer may require the employee to submit a written statement from the chief of the volunteer fire department verifying that the employee responded to a fire or was on-call and specifying the date, time and duration of the response. Acts 2008, ch. 791, § 1.
(a) (1) Notwithstanding § 50-1-307 , any employee who is an active volunteer firefighter may be permitted to leave work in order to respond to fire calls during the employee's regular hours of employment without loss of pay, vacation time, sick leave or earned overtime accumulation. The employee may be permitted to take off the next scheduled work period within twelve (12) hours following the response as a vacation day or sick leave day without loss of pay, if the employee assisted in fighting the fire for more than four (4) hours. If the employee is not entitled to a vacation day or sick leave day, then the employee may be permitted to take off the work period without pay. (2) In addition to subdivision (a)(1), any employee who is an active volunteer firefighter and who worked for more than four (4) hours the prior day or night as a volunteer firefighter in an emergency may be permitted to take off the next scheduled work period within twelve (12) hours following the emergency as a vacation day or sick leave day without the loss of pay. If the employee is not entitled to a vacation day or sick leave day then the employee may be permitted to take off the work period without pay.
(1) Notwithstanding § 50-1-307 , any employee who is an active volunteer firefighter may be permitted to leave work in order to respond to fire calls during the employee's regular hours of employment without loss of pay, vacation time, sick leave or earned overtime accumulation. The employee may be permitted to take off the next scheduled work period within twelve (12) hours following the response as a vacation day or sick leave day without loss of pay, if the employee assisted in fighting the fire for more than four (4) hours. If the employee is not entitled to a vacation day or sick leave day, then the employee may be permitted to take off the work period without pay.
(2) In addition to subdivision (a)(1), any employee who is an active volunteer firefighter and who worked for more than four (4) hours the prior day or night as a volunteer firefighter in an emergency may be permitted to take off the next scheduled work period within twelve (12) hours following the emergency as a vacation day or sick leave day without the loss of pay. If the employee is not entitled to a vacation day or sick leave day then the employee may be permitted to take off the work period without pay.
(b) The employer may require the employee to submit a written statement from the chief of the volunteer fire department verifying that the employee responded to a fire or was on-call and specifying the date, time and duration of the response.
Acts 2008, ch. 791, § 1.
Tenn. Code Ann. § 50-1-108 — TN Code / Title 50 / Chapter 1 / Section 50-1-108
Nondisclosure agreement with respect to sexual harassment in workplace as condition of employment prohibited
Status: in_force

(a) An employer, as defined in § 50-1-304 , shall not require an employee, as defined in § 50-1-304 , or a prospective employee to execute or renew a nondisclosure agreement with respect to sexual harassment in the workplace as a condition of employment. (b) Any employee injured as a result of a violation of subsection (a) has the same rights and remedies available to employees under § 50-1-304 . Acts 2018 , ch. 965, § 1.
(a) An employer, as defined in § 50-1-304 , shall not require an employee, as defined in § 50-1-304 , or a prospective employee to execute or renew a nondisclosure agreement with respect to sexual harassment in the workplace as a condition of employment.
(b) Any employee injured as a result of a violation of subsection (a) has the same rights and remedies available to employees under § 50-1-304 .
Acts 2018 , ch. 965, § 1.
Tenn. Code Ann. § 50-7-202 — TN Code / Title 50 / Chapter 7 / Section 50-7-202
"Benefits" defined
Status: in_force

"Benefits" means the money payments payable to a claimant, as provided in this chapter, with respect to the claimant's unemployment. Acts 1947, ch. 29, § 2; C. Supp. 1950, § 6901.2 (Williams, § 6901.26); T.C.A. (orig. ed.), § 50-1304; Acts 1985, ch. 318, § 3.
"Benefits" means the money payments payable to a claimant, as provided in this chapter, with respect to the claimant's unemployment.
Acts 1947, ch. 29, § 2; C. Supp. 1950, § 6901.2 (Williams, § 6901.26); T.C.A. (orig. ed.), § 50-1304; Acts 1985, ch. 318, § 3.
Tenn. Code Ann. § 50-3-107 — TN Code / Title 50 / Chapter 3 / Section 50-3-107
Unpaid fines and penalties - Interest - Additional penalties for late payment
Status: in_force

(a) The commissioner shall refer any fine or penalty assessed under this chapter that remains unpaid for more than six (6) months from the date the order against the violator becomes final to the attorney general and reporter for enforcement. The attorney general and reporter is authorized to contract with one (1) or more private entities or individuals for the collection of these fines and penalties. (b) When any person or entity is assessed a fine or penalty under this chapter, and the fines or penalties are not paid on or before the date they are due, as established in the final order or otherwise, interest shall be added to the amount due, in addition to any further penalty provided by law, at the rate established pursuant to § 67-1-801(a)(1) . (c) In addition to the interest assessed pursuant to subsection (b), there shall be imposed a penalty in the amount of ten percent (10%) of the unpaid fine or penalty amount for each thirty (30) days or fraction of the thirty-day period that the fine or penalty remains unpaid after becoming due, up to a maximum of thirty percent (30%) of the unpaid amount. (d) Any interest or penalty imposed due to failure to pay a fine or penalty assessed under this chapter shall be considered a part of the delinquent fine or penalty and shall be collectible in the same manner as the fine or penalty. (e) Any interest or penalty imposed and collected pursuant to this section shall be used to offset the cost of collection of the fines and penalties assessed under this chapter. (f) The commissioner shall include within the department's annual report to the general assembly and the governor a listing of employers whose penalties remain unpaid more than one (1) year after a final order has been entered. The listing shall include the amount of any unpaid penalty for each employer. Acts 1996, ch. 944, § 45; 1999, ch. 520, § 41.
(a) The commissioner shall refer any fine or penalty assessed under this chapter that remains unpaid for more than six (6) months from the date the order against the violator becomes final to the attorney general and reporter for enforcement. The attorney general and reporter is authorized to contract with one (1) or more private entities or individuals for the collection of these fines and penalties.
(b) When any person or entity is assessed a fine or penalty under this chapter, and the fines or penalties are not paid on or before the date they are due, as established in the final order or otherwise, interest shall be added to the amount due, in addition to any further penalty provided by law, at the rate established pursuant to § 67-1-801(a)(1) .
(c) In addition to the interest assessed pursuant to subsection (b), there shall be imposed a penalty in the amount of ten percent (10%) of the unpaid fine or penalty amount for each thirty (30) days or fraction of the thirty-day period that the fine or penalty remains unpaid after becoming due, up to a maximum of thirty percent (30%) of the unpaid amount.
(d) Any interest or penalty imposed due to failure to pay a fine or penalty assessed under this chapter shall be considered a part of the delinquent fine or penalty and shall be collectible in the same manner as the fine or penalty.
(e) Any interest or penalty imposed and collected pursuant to this section shall be used to offset the cost of collection of the fines and penalties assessed under this chapter.
(f) The commissioner shall include within the department's annual report to the general assembly and the governor a listing of employers whose penalties remain unpaid more than one (1) year after a final order has been entered. The listing shall include the amount of any unpaid penalty for each employer.
Acts 1996, ch. 944, § 45; 1999, ch. 520, § 41.
Tenn. Code Ann. § 50-3-901 — TN Code / Title 50 / Chapter 3 / Section 50-3-901
Delegation of powers and duties by the commissioner
Status: in_force

(a) The commissioner shall designate those persons in the commissioner's department responsible for carrying out the commissioner's powers, duties and responsibilities under this chapter. (b) The persons designated shall be qualified by education, training and experience to ensure the effectiveness of this chapter. Acts 1972, ch. 561, § 17; 1974, ch. 585, § 37; 1977, ch. 111, § 33; T.C.A., § 50-561.
(a) The commissioner shall designate those persons in the commissioner's department responsible for carrying out the commissioner's powers, duties and responsibilities under this chapter.
(b) The persons designated shall be qualified by education, training and experience to ensure the effectiveness of this chapter.
Acts 1972, ch. 561, § 17; 1974, ch. 585, § 37; 1977, ch. 111, § 33; T.C.A., § 50-561.
Tenn. Code Ann. § 50-9-110 — TN Code / Title 50 / Chapter 9 / Section 50-9-110
Prerequisites for processing test specimens - Licensure of testing laboratory
Status: in_force

(a) A laboratory may not analyze initial or confirmation test specimens unless: (1) The laboratory is licensed and approved by the department of health, using criteria established by the United States department of health and human services as guidelines for modeling the state drug-free testing program pursuant to this section, or the laboratory is certified by the United States department of health and human services, the College of American Pathologists or other recognized authority approved by rule by the commissioner of labor and workforce development; and (2) The laboratory complies with the procedures established by the United States department of transportation for a workplace drug test program or other recognized authority approved by the commissioner of labor and workforce development. (b) Confirmation tests may only be conducted by a laboratory that meets the requirements of subdivisions (a)(1) and (2) and is certified by either the Substance Abuse and Mental Health Services Administration or the College of American Pathologists - Forensic Urine Testing Programs. Acts 1996, ch. 944, §50; 1997 , ch. 533, § 46; 1999, ch. 520, § 41.
(a) A laboratory may not analyze initial or confirmation test specimens unless: (1) The laboratory is licensed and approved by the department of health, using criteria established by the United States department of health and human services as guidelines for modeling the state drug-free testing program pursuant to this section, or the laboratory is certified by the United States department of health and human services, the College of American Pathologists or other recognized authority approved by rule by the commissioner of labor and workforce development; and (2) The laboratory complies with the procedures established by the United States department of transportation for a workplace drug test program or other recognized authority approved by the commissioner of labor and workforce development.
(1) The laboratory is licensed and approved by the department of health, using criteria established by the United States department of health and human services as guidelines for modeling the state drug-free testing program pursuant to this section, or the laboratory is certified by the United States department of health and human services, the College of American Pathologists or other recognized authority approved by rule by the commissioner of labor and workforce development; and
(2) The laboratory complies with the procedures established by the United States department of transportation for a workplace drug test program or other recognized authority approved by the commissioner of labor and workforce development.
(b) Confirmation tests may only be conducted by a laboratory that meets the requirements of subdivisions (a)(1) and (2) and is certified by either the Substance Abuse and Mental Health Services Administration or the College of American Pathologists - Forensic Urine Testing Programs.
Acts 1996, ch. 944, §50; 1997 , ch. 533, § 46; 1999, ch. 520, § 41.
Tenn. Code Ann. § 50-7-907 — TN Code / Title 50 / Chapter 7 / Section 50-7-907
Approval revocation
Status: in_force

(a) (1) The administrator may revoke approval of a plan for good cause. (2) The revocation order must be in writing and specify the date the revocation is effective and the reasons for revocation. (3) Good cause includes failure to comply with the assurances given in the plan, unreasonable revision of productivity standards for the affected group, conduct or occurrences tending to defeat the intent and effective operation of the plan, and violation of criteria on which approval of the plan was based. (b) The administrator may take the revocation action at any time on the administrator's own motion, on the motion of any of the affected group's employees, or on the motion of the appropriate collective bargaining agent. (c) The administrator shall review the operation of each qualified employer plan at least once during the twelve-month period that the plan is in effect to assure its compliance with this part. (d) Revocation of a plan for good cause by the administrator precludes approval of a subsequent plan submitted by the revoked plan employer during the twelve-month period beginning on the date of the revocation order. Added by 2022 Tenn. Acts, ch. 1086, s 1, eff. 12/1/2023.
(a) (1) The administrator may revoke approval of a plan for good cause. (2) The revocation order must be in writing and specify the date the revocation is effective and the reasons for revocation. (3) Good cause includes failure to comply with the assurances given in the plan, unreasonable revision of productivity standards for the affected group, conduct or occurrences tending to defeat the intent and effective operation of the plan, and violation of criteria on which approval of the plan was based.
(1) The administrator may revoke approval of a plan for good cause.
(2) The revocation order must be in writing and specify the date the revocation is effective and the reasons for revocation.
(3) Good cause includes failure to comply with the assurances given in the plan, unreasonable revision of productivity standards for the affected group, conduct or occurrences tending to defeat the intent and effective operation of the plan, and violation of criteria on which approval of the plan was based.
(b) The administrator may take the revocation action at any time on the administrator's own motion, on the motion of any of the affected group's employees, or on the motion of the appropriate collective bargaining agent.
(c) The administrator shall review the operation of each qualified employer plan at least once during the twelve-month period that the plan is in effect to assure its compliance with this part.
(d) Revocation of a plan for good cause by the administrator precludes approval of a subsequent plan submitted by the revoked plan employer during the twelve-month period beginning on the date of the revocation order.
Added by 2022 Tenn. Acts, ch. 1086, s 1, eff. 12/1/2023.
Tenn. Code Ann. § 50-7-703 — TN Code / Title 50 / Chapter 7 / Section 50-7-703
Subpoenas - Refusal to obey - Penalty
Status: in_force

In case of contumacy by or refusal to obey a subpoena issued to any person, any court of this state within the jurisdiction of which the inquiry is carried on, or within the jurisdiction of which the person guilty of contumacy or refusal to obey is found or resides or transacts business, upon application by the commissioner or the commissioner's designee, an unemployment hearing officer, or any duly authorized representative of any of them, shall have jurisdiction to issue to the person an order requiring that person to appear before the commissioner, the commissioner's designee, an unemployment hearing officer, or any duly authorized representative of any of them, there to produce evidence if so ordered, or there to give testimony touching the matter under investigation or in question. Any failure to obey the order of the court may be punished by the court as a contempt of the court, and, in addition to the contempt proceeding, any person who without just cause fails or refuses to attend and testify or to answer any lawful inquiry or to produce books, papers, correspondence, memoranda and other records, if it is in the person's power so to do, in obedience to a subpoena of the commissioner, the commissioner's designee, an unemployment hearing officer or any duly authorized representative of any of them, commits a Class C misdemeanor. Acts 1947, ch. 29, § 11; C. Supp. 1950, § 6901.11 (Williams, § 6901.35); T.C.A. (orig. ed.), § 50-1341; Acts 1989, ch. 591, § 113; 2003, ch. 191, § 8; 2010, ch. 1042, § 18.
In case of contumacy by or refusal to obey a subpoena issued to any person, any court of this state within the jurisdiction of which the inquiry is carried on, or within the jurisdiction of which the person guilty of contumacy or refusal to obey is found or resides or transacts business, upon application by the commissioner or the commissioner's designee, an unemployment hearing officer, or any duly authorized representative of any of them, shall have jurisdiction to issue to the person an order requiring that person to appear before the commissioner, the commissioner's designee, an unemployment hearing officer, or any duly authorized representative of any of them, there to produce evidence if so ordered, or there to give testimony touching the matter under investigation or in question. Any failure to obey the order of the court may be punished by the court as a contempt of the court, and, in addition to the contempt proceeding, any person who without just cause fails or refuses to attend and testify or to answer any lawful inquiry or to produce books, papers, correspondence, memoranda and other records, if it is in the person's power so to do, in obedience to a subpoena of the commissioner, the commissioner's designee, an unemployment hearing officer or any duly authorized representative of any of them, commits a Class C misdemeanor.
Acts 1947, ch. 29, § 11; C. Supp. 1950, § 6901.11 (Williams, § 6901.35); T.C.A. (orig. ed.), § 50-1341; Acts 1989, ch. 591, § 113; 2003, ch. 191, § 8; 2010, ch. 1042, § 18.
Tenn. Code Ann. § 50-6-223 — TN Code / Title 50 / Chapter 6 / Section 50-6-223
Exemption and nonassignability of compensation claims - Exceptions to nonassignability
Status: in_force

(a) No claim for compensation under this chapter shall be assignable, and all compensation and claims for compensation shall be exempt from claims of creditors. (b) Notwithstanding subsection (a), compensation made by periodic payments shall be subject to income assignment for payment of support as provided by title 36, chapter 5, part 5 and § 50-2-105 . (c) Notwithstanding subsection (a), the department of human services shall have a lien on any lump-sum settlements for the collection of current or overdue support as defined by § 36-5-113 , and may enforce the lien as provided by title 36, chapter 5, part 9. Acts 1919, ch. 123, § 17; Shan. Supp., § 3608a167; Code 1932, § 6869; T.C.A. (orig. ed.), § 50-1016; Acts 1991, ch. 224, § 1; 1998, ch. 1098, § 61.
(a) No claim for compensation under this chapter shall be assignable, and all compensation and claims for compensation shall be exempt from claims of creditors.
(b) Notwithstanding subsection (a), compensation made by periodic payments shall be subject to income assignment for payment of support as provided by title 36, chapter 5, part 5 and § 50-2-105 .
(c) Notwithstanding subsection (a), the department of human services shall have a lien on any lump-sum settlements for the collection of current or overdue support as defined by § 36-5-113 , and may enforce the lien as provided by title 36, chapter 5, part 9.
Acts 1919, ch. 123, § 17; Shan. Supp., § 3608a167; Code 1932, § 6869; T.C.A. (orig. ed.), § 50-1016; Acts 1991, ch. 224, § 1; 1998, ch. 1098, § 61.
Tenn. Code Ann. § 50-1-705 — TN Code / Title 50 / Chapter 1 / Section 50-1-705
Posting of list of employers against whom final orders issued
Status: in_force

(a) Beginning February 1, 2012, and on a monthly basis thereafter, the department shall post a publicly accessible list on the department's website of any employer against whom a final order has been issued pursuant to this part. (b) The list required to be posted pursuant to this section shall state, at a minimum, the employer's name, the place of business of a private employer where the violation occurred, a brief description of the violation, a designation of the violation as a first or subsequent violation, and any penalties that have been assessed against the employer. (c) The list shall remain on the website for such time as determined by the commissioner. (d) The department shall electronically transmit a report to each member of the general assembly of the total number of final orders issued pursuant to this part, and the total number of violations of § 12-3-309 , by December 1, 2016, and each December 1 thereafter. Amended by 2016 Tenn. Acts, ch. 676, s 1, eff. 7/1/2016. Acts 2011 , ch. 436, § 5.
(a) Beginning February 1, 2012, and on a monthly basis thereafter, the department shall post a publicly accessible list on the department's website of any employer against whom a final order has been issued pursuant to this part.
(b) The list required to be posted pursuant to this section shall state, at a minimum, the employer's name, the place of business of a private employer where the violation occurred, a brief description of the violation, a designation of the violation as a first or subsequent violation, and any penalties that have been assessed against the employer.
(c) The list shall remain on the website for such time as determined by the commissioner.
(d) The department shall electronically transmit a report to each member of the general assembly of the total number of final orders issued pursuant to this part, and the total number of violations of § 12-3-309 , by December 1, 2016, and each December 1 thereafter.
Amended by 2016 Tenn. Acts, ch. 676, s 1, eff. 7/1/2016.
Acts 2011 , ch. 436, § 5.
Tenn. Code Ann. § 50-6-238 — TN Code / Title 50 / Chapter 6 / Section 50-6-238
Appointment of workers' compensation judges - Duties of judges - Appointment of chief judge of the court of workers' compensation claims - Duties of chief judge - Appointment of clerk of the court of workers' compensation claims - Duties of clerk
Status: in_force

(a) (1) On or after July 1, 2013, the administrator shall appoint qualified individuals to serve as workers' compensation judges. Workers' compensation judges shall be Tennessee licensed attorneys in good standing with at least five (5) years experience in workers' compensation matters and shall be at least thirty (30) years of age. Workers' compensation judges shall be executive service employees of the state as defined in § 8-30-103 . (2) (A) In making the initial appointments, the administrator shall have authority to shorten and stagger the terms of workers' compensation judges to ensure that the terms of no more than seven (7) workers' compensation judges shall terminate at the same time. (B) Except for the initial appointment of candidates to fill the position of workers' compensation judge, upon appointment, each workers' compensation judge shall serve a term of six (6) years. Terms shall begin on July 1 and expire six (6) years later, on June 30. No workers' compensation judge shall serve more than three (3) full terms, and service of more than half of a term shall constitute service of one (1) full term. If a sitting workers' compensation judge is removed or resigns, a vacancy shall exist in the office, which shall be filled for the unexpired term by a person meeting the requirements of subdivision (a)(1). (C) Any workers' compensation judge may be reappointed by the administrator upon expiration of the term. (D) If a workers' compensation judge leaves the position prior to the expiration of the term, the administrator shall appoint an individual meeting the qualifications of this section to serve the unexpired portion of the term. The individual may be reappointed by the administrator upon expiration of the term. Any workers' compensation judge appointed to serve less than a full term to fill a vacancy created by the removal or resignation of a sitting workers' compensation judge shall be eligible to serve an additional three (3) full terms. (3) It shall be the duty of a workers' compensation judge to hear and determine claims for compensation, to approve settlements of claims for compensation, to conduct hearings, and to make orders, decisions, and determinations. Workers' compensation judges shall conduct hearings in accordance with the Tennessee Rules of Civil Procedure, the Tennessee Rules of Evidence, and the rules adopted by the bureau and shall have authority to swear in witnesses at hearings and other court of workers' compensation claims functions, to issue subpoenas, to compel obedience to their judgments, orders, and process through the assessment of a penalty as provided in § 50-6-118 , and to conduct judicial settlement conferences. (4) In any claim for workers' compensation death benefits, a workers' compensation judge shall have the authority to appoint a guardian ad litem consistent with § 37-1-149 and Tennessee Supreme Court Rule 40. For purposes of this section, "guardian ad litem" means a lawyer appointed by the court to advocate for the best interests of a child and to ensure that the child's concerns and preferences are effectively advocated. The court shall have authority to award a reasonable fee for the services provided by the guardian ad litem, which shall be paid by the employer. (b) (1) On or after July 1, 2013, the administrator shall appoint a qualified individual to serve as chief judge of the court of workers' compensation claims. The individual shall be a Tennessee licensed attorney in good standing with at least seven (7) years experience in workers' compensation matters. The chief judge shall be an executive service employee of the state as defined in § 8-30-103 . (2) In addition to performing the duties required of a workers' compensation judge by subdivision (a)(3), it shall be the duty of the chief judge, under the rules adopted by the bureau, to administer the day to day operations of the court of workers' compensation claims and supervise the activities of workers' compensation judges. (3) Upon appointment, the chief judge shall serve a term of six (6) years and may be reappointed by the administrator upon expiration of a term if the chief judge has served competently, responsibly, and impartially. Service of more than half of a six-year term constitutes service of one (1) full term. A chief judge of the court of workers' compensation claims appointed to serve less than a full term to fill a vacancy is eligible to serve up to an additional three (3) full terms. (c) Unless otherwise provided by law or clearly inapplicable in context, the Tennessee Code of Judicial Conduct, Rule 10, Canons 1-4, of the Rules of the Tennessee Supreme Court, and any subsequent amendments thereto, shall apply to all workers' compensation judges. However, any complaints regarding the conduct of a workers' compensation judge under the code shall be made to the chief workers' compensation judge. Any complaints about the chief judge shall be made to the administrator. (d) The administrator shall have authority to remove a workers' compensation judge or the chief judge during an unexpired term for the commission of any of the judicial offenses provided in § 17-5-301(j)(1) . (e) Any person appointed to serve as a workers' compensation judge or as the chief judge shall be required to take an oath or affirmation to support the constitutions of the United States and of this state, and to administer justice without respect of persons, and impartially to discharge all the duties incumbent upon a judge to the best of the judge's skill and ability. The governor, an active or retired Tennessee judge or chancellor, or an active or retired judge of the court of workers' compensation claims or workers' compensation appeals board may administer the oath. (f) No workers' compensation judge or chief judge shall practice law, or perform any of the functions of attorney or counsel, in any of the courts of this state, except in cases in which the judge may have been employed as counsel previous to the appointment as a workers' compensation judge or chief judge. A newly appointed workers' compensation judge or chief judge can practice law only in an effort to wind up the judge's practice and must end the practice of law as soon as reasonably possible and in no event longer than one hundred eighty (180) days after assuming the position of workers' compensation judge or chief judge. (g) When considering the appointment of an individual to serve as a workers' compensation judge or as the chief judge, the administrator shall consider comment from the members of the business, labor and legal communities concerning the suitability of the individual for appointment as a workers' compensation judge or the chief judge. (h) On or after July 1, 2013, the administrator shall appoint a qualified individual to serve as the clerk of the court of workers' compensation claims whose duty it shall be to perform all the clerical functions of the court. The clerk of the court of workers' compensation claims shall be an executive service employee of the state as defined in § 8-30-103 . (i) The judges of the court of workers' compensation claims shall have execution authority as provided in title 26. Acts 1992, ch. 900, § 13; 1998, ch. 1024, §§ 24, 25; 1999, ch. 265, §§ 1, 2; 1999, ch. 520, § 41; 2000, ch. 852, §§ 17 - 19; 2001, ch. 192, § 16; 2004, ch. 962, § 7; 2006, ch. 772, § 1; 2006, ch. 778, § 1; 2006, ch. 1014, § 2; 2007, ch. 403, § 2; 2008, ch. 1183, §§ 1 - 3; 2013, ch. 289, § 79; 2015, ch. 341, §§ 9 - 11, 15; 2016, ch. 816, § 8; 2021, ch. 286, § 4; 2022, ch. 715, § 4.
(a) (1) On or after July 1, 2013, the administrator shall appoint qualified individuals to serve as workers' compensation judges. Workers' compensation judges shall be Tennessee licensed attorneys in good standing with at least five (5) years experience in workers' compensation matters and shall be at least thirty (30) years of age. Workers' compensation judges shall be executive service employees of the state as defined in § 8-30-103 . (2) (A) In making the initial appointments, the administrator shall have authority to shorten and stagger the terms of workers' compensation judges to ensure that the terms of no more than seven (7) workers' compensation judges shall terminate at the same time. (B) Except for the initial appointment of candidates to fill the position of workers' compensation judge, upon appointment, each workers' compensation judge shall serve a term of six (6) years. Terms shall begin on July 1 and expire six (6) years later, on June 30. No workers' compensation judge shall serve more than three (3) full terms, and service of more than half of a term shall constitute service of one (1) full term. If a sitting workers' compensation judge is removed or resigns, a vacancy shall exist in the office, which shall be filled for the unexpired term by a person meeting the requirements of subdivision (a)(1). (C) Any workers' compensation judge may be reappointed by the administrator upon expiration of the term. (D) If a workers' compensation judge leaves the position prior to the expiration of the term, the administrator shall appoint an individual meeting the qualifications of this section to serve the unexpired portion of the term. The individual may be reappointed by the administrator upon expiration of the term. Any workers' compensation judge appointed to serve less than a full term to fill a vacancy created by the removal or resignation of a sitting workers' compensation judge shall be eligible to serve an additional three (3) full terms. (3) It shall be the duty of a workers' compensation judge to hear and determine claims for compensation, to approve settlements of claims for compensation, to conduct hearings, and to make orders, decisions, and determinations. Workers' compensation judges shall conduct hearings in accordance with the Tennessee Rules of Civil Procedure, the Tennessee Rules of Evidence, and the rules adopted by the bureau and shall have authority to swear in witnesses at hearings and other court of workers' compensation claims functions, to issue subpoenas, to compel obedience to their judgments, orders, and process through the assessment of a penalty as provided in § 50-6-118 , and to conduct judicial settlement conferences. (4) In any claim for workers' compensation death benefits, a workers' compensation judge shall have the authority to appoint a guardian ad litem consistent with § 37-1-149 and Tennessee Supreme Court Rule 40. For purposes of this section, "guardian ad litem" means a lawyer appointed by the court to advocate for the best interests of a child and to ensure that the child's concerns and preferences are effectively advocated. The court shall have authority to award a reasonable fee for the services provided by the guardian ad litem, which shall be paid by the employer.
(1) On or after July 1, 2013, the administrator shall appoint qualified individuals to serve as workers' compensation judges. Workers' compensation judges shall be Tennessee licensed attorneys in good standing with at least five (5) years experience in workers' compensation matters and shall be at least thirty (30) years of age. Workers' compensation judges shall be executive service employees of the state as defined in § 8-30-103 .
(2) (A) In making the initial appointments, the administrator shall have authority to shorten and stagger the terms of workers' compensation judges to ensure that the terms of no more than seven (7) workers' compensation judges shall terminate at the same time. (B) Except for the initial appointment of candidates to fill the position of workers' compensation judge, upon appointment, each workers' compensation judge shall serve a term of six (6) years. Terms shall begin on July 1 and expire six (6) years later, on June 30. No workers' compensation judge shall serve more than three (3) full terms, and service of more than half of a term shall constitute service of one (1) full term. If a sitting workers' compensation judge is removed or resigns, a vacancy shall exist in the office, which shall be filled for the unexpired term by a person meeting the requirements of subdivision (a)(1). (C) Any workers' compensation judge may be reappointed by the administrator upon expiration of the term. (D) If a workers' compensation judge leaves the position prior to the expiration of the term, the administrator shall appoint an individual meeting the qualifications of this section to serve the unexpired portion of the term. The individual may be reappointed by the administrator upon expiration of the term. Any workers' compensation judge appointed to serve less than a full term to fill a vacancy created by the removal or resignation of a sitting workers' compensation judge shall be eligible to serve an additional three (3) full terms.
(A) In making the initial appointments, the administrator shall have authority to shorten and stagger the terms of workers' compensation judges to ensure that the terms of no more than seven (7) workers' compensation judges shall terminate at the same time.
(B) Except for the initial appointment of candidates to fill the position of workers' compensation judge, upon appointment, each workers' compensation judge shall serve a term of six (6) years. Terms shall begin on July 1 and expire six (6) years later, on June 30. No workers' compensation judge shall serve more than three (3) full terms, and service of more than half of a term shall constitute service of one (1) full term. If a sitting workers' compensation judge is removed or resigns, a vacancy shall exist in the office, which shall be filled for the unexpired term by a person meeting the requirements of subdivision (a)(1).
(C) Any workers' compensation judge may be reappointed by the administrator upon expiration of the term.
(D) If a workers' compensation judge leaves the position prior to the expiration of the term, the administrator shall appoint an individual meeting the qualifications of this section to serve the unexpired portion of the term. The individual may be reappointed by the administrator upon expiration of the term. Any workers' compensation judge appointed to serve less than a full term to fill a vacancy created by the removal or resignation of a sitting workers' compensation judge shall be eligible to serve an additional three (3) full terms.
(3) It shall be the duty of a workers' compensation judge to hear and determine claims for compensation, to approve settlements of claims for compensation, to conduct hearings, and to make orders, decisions, and determinations. Workers' compensation judges shall conduct hearings in accordance with the Tennessee Rules of Civil Procedure, the Tennessee Rules of Evidence, and the rules adopted by the bureau and shall have authority to swear in witnesses at hearings and other court of workers' compensation claims functions, to issue subpoenas, to compel obedience to their judgments, orders, and process through the assessment of a penalty as provided in § 50-6-118 , and to conduct judicial settlement conferences.
(4) In any claim for workers' compensation death benefits, a workers' compensation judge shall have the authority to appoint a guardian ad litem consistent with § 37-1-149 and Tennessee Supreme Court Rule 40. For purposes of this section, "guardian ad litem" means a lawyer appointed by the court to advocate for the best interests of a child and to ensure that the child's concerns and preferences are effectively advocated. The court shall have authority to award a reasonable fee for the services provided by the guardian ad litem, which shall be paid by the employer.
(b) (1) On or after July 1, 2013, the administrator shall appoint a qualified individual to serve as chief judge of the court of workers' compensation claims. The individual shall be a Tennessee licensed attorney in good standing with at least seven (7) years experience in workers' compensation matters. The chief judge shall be an executive service employee of the state as defined in § 8-30-103 . (2) In addition to performing the duties required of a workers' compensation judge by subdivision (a)(3), it shall be the duty of the chief judge, under the rules adopted by the bureau, to administer the day to day operations of the court of workers' compensation claims and supervise the activities of workers' compensation judges. (3) Upon appointment, the chief judge shall serve a term of six (6) years and may be reappointed by the administrator upon expiration of a term if the chief judge has served competently, responsibly, and impartially. Service of more than half of a six-year term constitutes service of one (1) full term. A chief judge of the court of workers' compensation claims appointed to serve less than a full term to fill a vacancy is eligible to serve up to an additional three (3) full terms.
(1) On or after July 1, 2013, the administrator shall appoint a qualified individual to serve as chief judge of the court of workers' compensation claims. The individual shall be a Tennessee licensed attorney in good standing with at least seven (7) years experience in workers' compensation matters. The chief judge shall be an executive service employee of the state as defined in § 8-30-103 .
(2) In addition to performing the duties required of a workers' compensation judge by subdivision (a)(3), it shall be the duty of the chief judge, under the rules adopted by the bureau, to administer the day to day operations of the court of workers' compensation claims and supervise the activities of workers' compensation judges.
(3) Upon appointment, the chief judge shall serve a term of six (6) years and may be reappointed by the administrator upon expiration of a term if the chief judge has served competently, responsibly, and impartially. Service of more than half of a six-year term constitutes service of one (1) full term. A chief judge of the court of workers' compensation claims appointed to serve less than a full term to fill a vacancy is eligible to serve up to an additional three (3) full terms.
(c) Unless otherwise provided by law or clearly inapplicable in context, the Tennessee Code of Judicial Conduct, Rule 10, Canons 1-4, of the Rules of the Tennessee Supreme Court, and any subsequent amendments thereto, shall apply to all workers' compensation judges. However, any complaints regarding the conduct of a workers' compensation judge under the code shall be made to the chief workers' compensation judge. Any complaints about the chief judge shall be made to the administrator.
(d) The administrator shall have authority to remove a workers' compensation judge or the chief judge during an unexpired term for the commission of any of the judicial offenses provided in § 17-5-301(j)(1) .
(e) Any person appointed to serve as a workers' compensation judge or as the chief judge shall be required to take an oath or affirmation to support the constitutions of the United States and of this state, and to administer justice without respect of persons, and impartially to discharge all the duties incumbent upon a judge to the best of the judge's skill and ability. The governor, an active or retired Tennessee judge or chancellor, or an active or retired judge of the court of workers' compensation claims or workers' compensation appeals board may administer the oath.
(f) No workers' compensation judge or chief judge shall practice law, or perform any of the functions of attorney or counsel, in any of the courts of this state, except in cases in which the judge may have been employed as counsel previous to the appointment as a workers' compensation judge or chief judge. A newly appointed workers' compensation judge or chief judge can practice law only in an effort to wind up the judge's practice and must end the practice of law as soon as reasonably possible and in no event longer than one hundred eighty (180) days after assuming the position of workers' compensation judge or chief judge.
(g) When considering the appointment of an individual to serve as a workers' compensation judge or as the chief judge, the administrator shall consider comment from the members of the business, labor and legal communities concerning the suitability of the individual for appointment as a workers' compensation judge or the chief judge.
(h) On or after July 1, 2013, the administrator shall appoint a qualified individual to serve as the clerk of the court of workers' compensation claims whose duty it shall be to perform all the clerical functions of the court. The clerk of the court of workers' compensation claims shall be an executive service employee of the state as defined in § 8-30-103 .
(i) The judges of the court of workers' compensation claims shall have execution authority as provided in title 26.
Acts 1992, ch. 900, § 13; 1998, ch. 1024, §§ 24, 25; 1999, ch. 265, §§ 1, 2; 1999, ch. 520, § 41; 2000, ch. 852, §§ 17 - 19; 2001, ch. 192, § 16; 2004, ch. 962, § 7; 2006, ch. 772, § 1; 2006, ch. 778, § 1; 2006, ch. 1014, § 2; 2007, ch. 403, § 2; 2008, ch. 1183, §§ 1 - 3; 2013, ch. 289, § 79; 2015, ch. 341, §§ 9 - 11, 15; 2016, ch. 816, § 8; 2021, ch. 286, § 4; 2022, ch. 715, § 4.
Tenn. Code Ann. § 50-3-902 — TN Code / Title 50 / Chapter 3 / Section 50-3-902
Delegation of power of inspection
Status: in_force

The commissioner of labor and workforce development may delegate the power to conduct inspections under §§ 50-3-301 - 50-3-306 to any other department of state government or to any local or regional health agency; provided, that the procedures employed by the department or agency are as effective as those employed by the commissioner. Acts 1972, ch. 561, § 17; 1974, ch. 585, § 37; 1977, ch. 111, § 34; T.C.A., § 50-562; Acts 1999, ch. 520, § 41.
The commissioner of labor and workforce development may delegate the power to conduct inspections under §§ 50-3-301 - 50-3-306 to any other department of state government or to any local or regional health agency; provided, that the procedures employed by the department or agency are as effective as those employed by the commissioner.
Acts 1972, ch. 561, § 17; 1974, ch. 585, § 37; 1977, ch. 111, § 34; T.C.A., § 50-562; Acts 1999, ch. 520, § 41.
Tenn. Code Ann. § 50-3-802 — TN Code / Title 50 / Chapter 3 / Section 50-3-802
Functions
Status: in_force

(a) The function of the commission shall be to review citations issued under § 50-3-307 and monetary penalties assessed under §§ 50-3-402 - 50-3-408. (b) The commission may affirm, modify or revoke a citation or a monetary penalty. Acts 1972, ch. 561, § 15; 1974, ch. 585, §§ 24, 37; T.C.A., § 50-555.
(a) The function of the commission shall be to review citations issued under § 50-3-307 and monetary penalties assessed under §§ 50-3-402 - 50-3-408.
(b) The commission may affirm, modify or revoke a citation or a monetary penalty.
Acts 1972, ch. 561, § 15; 1974, ch. 585, §§ 24, 37; T.C.A., § 50-555.
Tenn. Code Ann. § 50-3-303 — TN Code / Title 50 / Chapter 3 / Section 50-3-303
Representation of employers and employees during inspection
Status: in_force

(a) Subject to regulations issued by the commissioner of labor and workforce development, a representative of the employer and a representative authorized by the employer's employees shall be given an opportunity to accompany the commissioner or the commissioner's authorized representative during the physical inspection of any workplace under § 50-3-301 for the purpose of aiding the inspection. (b) Where there is no authorized employee representative, the commissioner or the commissioner's authorized representative shall consult with a reasonable number of employees concerning matters of health and safety in the workplace. Acts 1972, ch. 561, § 8; 1974, ch. 585, § 10; 1977, ch. 111, § 11; T.C.A., § 50-522; Acts 1999, ch. 520, § 41.
(a) Subject to regulations issued by the commissioner of labor and workforce development, a representative of the employer and a representative authorized by the employer's employees shall be given an opportunity to accompany the commissioner or the commissioner's authorized representative during the physical inspection of any workplace under § 50-3-301 for the purpose of aiding the inspection.
(b) Where there is no authorized employee representative, the commissioner or the commissioner's authorized representative shall consult with a reasonable number of employees concerning matters of health and safety in the workplace.
Acts 1972, ch. 561, § 8; 1974, ch. 585, § 10; 1977, ch. 111, § 11; T.C.A., § 50-522; Acts 1999, ch. 520, § 41.
Tenn. Code Ann. § 50-6-622 — TN Code / Title 50 / Chapter 6 / Section 50-6-622
Start-up of operations
Status: in_force

The fund shall begin providing workers' compensation insurance coverage when the board determines that the fund is able to do so and all requirements under state law have been met. The fund shall not issue insurance policies to employers until the approval of the director of the division of state audit has been obtained. Acts 1992, ch. 900, § 26; 1994, ch. 979, § 6.
The fund shall begin providing workers' compensation insurance coverage when the board determines that the fund is able to do so and all requirements under state law have been met. The fund shall not issue insurance policies to employers until the approval of the director of the division of state audit has been obtained.
Acts 1992, ch. 900, § 26; 1994, ch. 979, § 6.
Tenn. Code Ann. § 50-6-705 — TN Code / Title 50 / Chapter 6 / Section 50-6-705
Liberal construction
Status: in_force

This part shall be liberally construed to permit electric cooperatives and municipal utilities to enter into agreements to pool their resources to provide for satisfaction of obligations under this chapter, as if electric cooperatives were governmental entities under § 29-20-401 or public agencies under title 12, chapter 9. Acts 1995, ch. 488, § 7.
This part shall be liberally construed to permit electric cooperatives and municipal utilities to enter into agreements to pool their resources to provide for satisfaction of obligations under this chapter, as if electric cooperatives were governmental entities under § 29-20-401 or public agencies under title 12, chapter 9.
Acts 1995, ch. 488, § 7.
Tenn. Code Ann. § 50-9-111 — TN Code / Title 50 / Chapter 9 / Section 50-9-111
Rules and regulations - Guidelines for state testing program
Status: in_force

(a) The administrator of the bureau of workers' compensation is authorized to adopt rules, using the rules and guidelines adopted by the department of health and criteria established by the United States department of health and human services and the United States department of transportation as guidelines for modeling the state drug and alcohol testing program, concerning, but not limited to: (1) Standards for licensing drug and alcohol testing laboratories and suspension and revocation of the licenses; (2) Body specimens and minimum specimen amounts that are appropriate for drug or alcohol testing; (3) Methods of analysis and procedures to ensure reliable drug or alcohol testing results, including the use of breathalyzers and standards for initial tests and confirmation tests; (4) Minimum cut-off detection levels for alcohol, each drug or metabolites of the drug for the purposes of determining a positive test result; (5) Chain-of-custody procedures to ensure proper identification, labeling and handling of specimens tested; and (6) Retention, storage and transportation procedures to ensure reliable results on confirmation tests and retests. (b) The administrator of the bureau of workers' compensation is authorized to adopt relevant federal rules concerning drug and alcohol testing as a minimum standard for testing procedures and protections that the administrator may exceed. The rules shall be promulgated in accordance with the Uniform Administrative Procedures Act, compiled in title 4, chapter 5. (c) The administrator of the bureau of workers' compensation shall consider drug testing programs and laboratories operating as a part of the College of American Pathologists - Forensic Urine Drug Testing Programs in issuing guidelines or promulgating rules relative to recognized authorities in drug testing. (d) The administrator is authorized to set education program requirements for drug-free workplaces by rules promulgated in accordance with the requirements of the Uniform Administrative Procedures Act. The requirements shall not be more stringent than the federal requirements for workplaces regulated by the United States department of transportation rules. The requirements shall not require an employer to provide annual education or awareness training for each employee if all existing employees have undergone such training at least once and have acknowledged annually in writing the existence of the employer's drug-free workplace policy. Amended by 2016 Tenn. Acts, ch. 1056, s 4, eff. 7/1/2016. Amended by 2015 Tenn. Acts, ch. 341, Secs.s 16, s 16eff. 5/4/2015. Amended by 2014 Tenn. Acts, ch. 903, s 12, eff. 7/1/2014. Acts 1996, ch. 944, §50; 1997 , ch. 533, §§ 7, 47, 48; 1999, ch. 520, §41; 2011 , ch. 410, § 10 (f).
(a) The administrator of the bureau of workers' compensation is authorized to adopt rules, using the rules and guidelines adopted by the department of health and criteria established by the United States department of health and human services and the United States department of transportation as guidelines for modeling the state drug and alcohol testing program, concerning, but not limited to: (1) Standards for licensing drug and alcohol testing laboratories and suspension and revocation of the licenses; (2) Body specimens and minimum specimen amounts that are appropriate for drug or alcohol testing; (3) Methods of analysis and procedures to ensure reliable drug or alcohol testing results, including the use of breathalyzers and standards for initial tests and confirmation tests; (4) Minimum cut-off detection levels for alcohol, each drug or metabolites of the drug for the purposes of determining a positive test result; (5) Chain-of-custody procedures to ensure proper identification, labeling and handling of specimens tested; and (6) Retention, storage and transportation procedures to ensure reliable results on confirmation tests and retests.
(1) Standards for licensing drug and alcohol testing laboratories and suspension and revocation of the licenses;
(2) Body specimens and minimum specimen amounts that are appropriate for drug or alcohol testing;
(3) Methods of analysis and procedures to ensure reliable drug or alcohol testing results, including the use of breathalyzers and standards for initial tests and confirmation tests;
(4) Minimum cut-off detection levels for alcohol, each drug or metabolites of the drug for the purposes of determining a positive test result;
(5) Chain-of-custody procedures to ensure proper identification, labeling and handling of specimens tested; and
(6) Retention, storage and transportation procedures to ensure reliable results on confirmation tests and retests.
(b) The administrator of the bureau of workers' compensation is authorized to adopt relevant federal rules concerning drug and alcohol testing as a minimum standard for testing procedures and protections that the administrator may exceed. The rules shall be promulgated in accordance with the Uniform Administrative Procedures Act, compiled in title 4, chapter 5.
(c) The administrator of the bureau of workers' compensation shall consider drug testing programs and laboratories operating as a part of the College of American Pathologists - Forensic Urine Drug Testing Programs in issuing guidelines or promulgating rules relative to recognized authorities in drug testing.
(d) The administrator is authorized to set education program requirements for drug-free workplaces by rules promulgated in accordance with the requirements of the Uniform Administrative Procedures Act. The requirements shall not be more stringent than the federal requirements for workplaces regulated by the United States department of transportation rules. The requirements shall not require an employer to provide annual education or awareness training for each employee if all existing employees have undergone such training at least once and have acknowledged annually in writing the existence of the employer's drug-free workplace policy.
Amended by 2016 Tenn. Acts, ch. 1056, s 4, eff. 7/1/2016.
Amended by 2015 Tenn. Acts, ch. 341, Secs.s 16, s 16eff. 5/4/2015.
Amended by 2014 Tenn. Acts, ch. 903, s 12, eff. 7/1/2014.
Acts 1996, ch. 944, §50; 1997 , ch. 533, §§ 7, 47, 48; 1999, ch. 520, §41; 2011 , ch. 410, § 10 (f).
Tenn. Code Ann. § 50-5-202 — TN Code / Title 50 / Chapter 5 / Section 50-5-202
Power to amend or repeal
Status: in_force

The general assembly shall have power to amend or repeal all or part of this part at any time and all persons subject to this part shall be governed by the amendment or repeal. Acts 2003, ch. 168, § 1.
The general assembly shall have power to amend or repeal all or part of this part at any time and all persons subject to this part shall be governed by the amendment or repeal.
Acts 2003, ch. 168, § 1.
Tenn. Code Ann. § 50-1-201 — TN Code / Title 50 / Chapter 1 / Section 50-1-201
Denial of employment because of affiliation or nonaffiliation with labor union or employee organization
Status: in_force

It is unlawful for any person, firm, corporation or association of any kind to deny or attempt to deny employment to any person by reason of the person's membership in, affiliation with, resignation from, or refusal to join or affiliate with any labor union or employee organization of any kind. Acts 1947, ch. 36, § 1; C. Supp. 1950, § 11366.2 (Williams, § 11412.8); T.C.A. (orig. ed.), § 50-208.
It is unlawful for any person, firm, corporation or association of any kind to deny or attempt to deny employment to any person by reason of the person's membership in, affiliation with, resignation from, or refusal to join or affiliate with any labor union or employee organization of any kind.
Acts 1947, ch. 36, § 1; C. Supp. 1950, § 11366.2 (Williams, § 11412.8); T.C.A. (orig. ed.), § 50-208.
Tenn. Code Ann. § 50-2-206 — TN Code / Title 50 / Chapter 2 / Section 50-2-206
Penalty
Status: in_force

Any employer who violates this part, or who discharges or in any other manner discriminates against any employee because the employee has made a complaint to that employee's employer, the commissioner, or any other person, or instituted or caused to be instituted any proceedings under or related to this part, or has testified or is about to testify in any such proceeding, commits a Class A misdemeanor. Acts 1974, ch. 757, § 6; T.C.A., § 50-325; Acts 1989, ch. 591, § 111.
Any employer who violates this part, or who discharges or in any other manner discriminates against any employee because the employee has made a complaint to that employee's employer, the commissioner, or any other person, or instituted or caused to be instituted any proceedings under or related to this part, or has testified or is about to testify in any such proceeding, commits a Class A misdemeanor.
Acts 1974, ch. 757, § 6; T.C.A., § 50-325; Acts 1989, ch. 591, § 111.
Tenn. Code Ann. § 50-5-115 — TN Code / Title 50 / Chapter 5 / Section 50-5-115
Breaks and meal periods for working minors
Status: in_force

A minor must have a thirty-minute unpaid break or meal period if scheduled to work six (6) hours consecutively. This break shall not be scheduled during or before the first hour of scheduled work activity. Acts 1993, ch. 220, § 2.
A minor must have a thirty-minute unpaid break or meal period if scheduled to work six (6) hours consecutively. This break shall not be scheduled during or before the first hour of scheduled work activity.
Acts 1993, ch. 220, § 2.
Tenn. Code Ann. § 50-6-417 — TN Code / Title 50 / Chapter 6 / Section 50-6-417
Dispute of experience modification factor
Status: in_force

In cases where an employer disputes an experience modification factor assigned to the employer, the insurer shall notify the employer of the employer's right to submit a request for review and to appeal to the commissioner of commerce and insurance pursuant to § 56-5-109(b) . Acts 1996, ch. 944, § 27.
In cases where an employer disputes an experience modification factor assigned to the employer, the insurer shall notify the employer of the employer's right to submit a request for review and to appeal to the commissioner of commerce and insurance pursuant to § 56-5-109(b) .
Acts 1996, ch. 944, § 27.
Tenn. Code Ann. § 50-3-914 — TN Code / Title 50 / Chapter 3 / Section 50-3-914
Trade secrets confidential
Status: in_force

(a) All information obtained by or reported to the commissioner pursuant to any section of this chapter that contains or might reveal a trade secret or is otherwise privileged shall be considered confidential for the purpose of that section. The information may be disclosed to other officers or employees concerned with carrying out this chapter or when relevant in any proceeding under this chapter. (b) A violation of this section is a Class A misdemeanor. Acts 1972, ch. 561, § 20; 1974, ch. 585, §§ 33, 37; 1977, ch. 111, § 41; T.C.A., § 50-575; Acts 1989, ch. 591, § 111; 1999, ch. 520, § 41.
(a) All information obtained by or reported to the commissioner pursuant to any section of this chapter that contains or might reveal a trade secret or is otherwise privileged shall be considered confidential for the purpose of that section. The information may be disclosed to other officers or employees concerned with carrying out this chapter or when relevant in any proceeding under this chapter.
(b) A violation of this section is a Class A misdemeanor.
Acts 1972, ch. 561, § 20; 1974, ch. 585, §§ 33, 37; 1977, ch. 111, § 41; T.C.A., § 50-575; Acts 1989, ch. 591, § 111; 1999, ch. 520, § 41.
Tenn. Code Ann. § 50-1-501 — TN Code / Title 50 / Chapter 1 / Section 50-1-501
Short title
Status: in_force

This part shall be known and may be cited as the "Healthy Workplace Act." Added by 2014 Tenn. Acts, ch. 997,s 1, eff. 5/22/2014.
This part shall be known and may be cited as the "Healthy Workplace Act."
Added by 2014 Tenn. Acts, ch. 997,s 1, eff. 5/22/2014.
Tenn. Code Ann. § 50-3-1002 — TN Code / Title 50 / Chapter 3 / Section 50-3-1002
Guarding against accidental contact by employee
Status: in_force

No person, firm, or corporation, or agent of a person, firm or corporation, shall require or permit any employee to perform any function in proximity to high-voltage overhead lines; to enter upon any land, building, or other premises and engage in any excavation, demolition, construction, repair or other operation; or to erect, install, operate, or store in or upon such premises any tools, machinery, equipment, materials, or structures, including house moving, well drilling, pile driving or hoisting equipment, unless and until danger from accidental contact with such high-voltage overhead lines has been effectively guarded against in the manner prescribed in this part. Acts 1955, ch. 289, § 2; T.C.A., §§ 53-2802, 68-21-102; Acts 2011, ch. 157, § 2; 2012, ch. 681, §§ 1, 4; T.C.A. § 68-103-102 .
No person, firm, or corporation, or agent of a person, firm or corporation, shall require or permit any employee to perform any function in proximity to high-voltage overhead lines; to enter upon any land, building, or other premises and engage in any excavation, demolition, construction, repair or other operation; or to erect, install, operate, or store in or upon such premises any tools, machinery, equipment, materials, or structures, including house moving, well drilling, pile driving or hoisting equipment, unless and until danger from accidental contact with such high-voltage overhead lines has been effectively guarded against in the manner prescribed in this part.
Acts 1955, ch. 289, § 2; T.C.A., §§ 53-2802, 68-21-102; Acts 2011, ch. 157, § 2; 2012, ch. 681, §§ 1, 4; T.C.A. § 68-103-102 .
Tenn. Code Ann. § 50-6-803 — TN Code / Title 50 / Chapter 6 / Section 50-6-803
Payment of benefits constitutes satisfaction of judgment - Recovery from employer
Status: in_force

(a) The payment of workers' compensation benefits to, or on behalf of, an injured employee pursuant to this part constitutes satisfaction of the judgment against the uninsured employer up to the amount paid. The bureau shall assume the rights of a creditor against the employer and may take action to collect the portion of the judgment that it satisfied on the employer's behalf. (b) The bureau shall place a lien on the assets of the employer to recover money paid pursuant to this part by filing a notice of claim with the register of deeds of any county where the employer has assets. Upon filing the notice of claim with the appropriate official, the bureau shall be a secured creditor, and any lien secured pursuant to this part has first priority over all other liens with the exception of liens established for the collection of delinquent tax payments. (c) The injured employee may collect the remaining portion of the judgment that was not satisfied by payment made pursuant to this part from the employer. Added by 2014 Tenn. Acts, ch. 765,s 3, eff. 4/24/2014.
(a) The payment of workers' compensation benefits to, or on behalf of, an injured employee pursuant to this part constitutes satisfaction of the judgment against the uninsured employer up to the amount paid. The bureau shall assume the rights of a creditor against the employer and may take action to collect the portion of the judgment that it satisfied on the employer's behalf.
(b) The bureau shall place a lien on the assets of the employer to recover money paid pursuant to this part by filing a notice of claim with the register of deeds of any county where the employer has assets. Upon filing the notice of claim with the appropriate official, the bureau shall be a secured creditor, and any lien secured pursuant to this part has first priority over all other liens with the exception of liens established for the collection of delinquent tax payments.
(c) The injured employee may collect the remaining portion of the judgment that was not satisfied by payment made pursuant to this part from the employer.
Added by 2014 Tenn. Acts, ch. 765,s 3, eff. 4/24/2014.
Tenn. Code Ann. § 50-1-313 — TN Code / Title 50 / Chapter 1 / Section 50-1-313
Policy not permitting wearing of employee's hair in braids, locs, twists, or another manner prohibited - Complaints
Status: in_force

(a) As used in this section: (1) "Commissioner" means the commissioner of labor and workforce development or the commissioner's designee; (2) "Employee" means an individual who performs services for an employer for valuable consideration, and does not include a self-employed independent contractor; and (3) "Employer" means an individual or entity that employs one (1) or more employees and includes this state and political subdivisions of this state. (b) An employer shall not adopt a policy that does not permit an employee to wear the employee's hair in braids, locs, twists, or another manner that is part of the cultural identification of the employee's ethnic group or that is a physical characteristic of the employee's ethnic group. (c) (1) A policy in violation of subsection (b) is deemed discriminatory and void as against the public policy of this state. A violation of this section does not form the basis for a violation of another provision of law. (2) This section does not create a private cause of action. (d) An employee may file a complaint for a violation of this section with the commissioner. The commissioner shall provide a warning to an employer in violation of this section. (e) This section does not apply to: (1) A public safety employee if it would prevent the employee from performing essential functions of the employee's job requirements during the course of employment; or (2) A policy that an employer must adopt to adhere to common industry safety standards, to maintain reasonable safety measures, or to comply with federal or state laws, rules, or regulations relative to health or safety. Added by 2022 Tenn. Acts, ch. 1078,s 2, eff. 7/1/2022.
(a) As used in this section: (1) "Commissioner" means the commissioner of labor and workforce development or the commissioner's designee; (2) "Employee" means an individual who performs services for an employer for valuable consideration, and does not include a self-employed independent contractor; and (3) "Employer" means an individual or entity that employs one (1) or more employees and includes this state and political subdivisions of this state.
(1) "Commissioner" means the commissioner of labor and workforce development or the commissioner's designee;
(2) "Employee" means an individual who performs services for an employer for valuable consideration, and does not include a self-employed independent contractor; and
(3) "Employer" means an individual or entity that employs one (1) or more employees and includes this state and political subdivisions of this state.
(b) An employer shall not adopt a policy that does not permit an employee to wear the employee's hair in braids, locs, twists, or another manner that is part of the cultural identification of the employee's ethnic group or that is a physical characteristic of the employee's ethnic group.
(c) (1) A policy in violation of subsection (b) is deemed discriminatory and void as against the public policy of this state. A violation of this section does not form the basis for a violation of another provision of law. (2) This section does not create a private cause of action.
(1) A policy in violation of subsection (b) is deemed discriminatory and void as against the public policy of this state. A violation of this section does not form the basis for a violation of another provision of law.
(2) This section does not create a private cause of action.
(d) An employee may file a complaint for a violation of this section with the commissioner. The commissioner shall provide a warning to an employer in violation of this section.
(e) This section does not apply to: (1) A public safety employee if it would prevent the employee from performing essential functions of the employee's job requirements during the course of employment; or (2) A policy that an employer must adopt to adhere to common industry safety standards, to maintain reasonable safety measures, or to comply with federal or state laws, rules, or regulations relative to health or safety.
(1) A public safety employee if it would prevent the employee from performing essential functions of the employee's job requirements during the course of employment; or
(2) A policy that an employer must adopt to adhere to common industry safety standards, to maintain reasonable safety measures, or to comply with federal or state laws, rules, or regulations relative to health or safety.
Added by 2022 Tenn. Acts, ch. 1078,s 2, eff. 7/1/2022.
Tenn. Code Ann. § 50-6-229 — TN Code / Title 50 / Chapter 6 / Section 50-6-229
Commutation to lump sum payment with consent of court
Status: in_force

(a) The amounts of compensation payable periodically under this chapter may be commuted to one (1) or more lump sum payments. These may be commuted upon motion of any party subject to the approval of the court of workers' compensation claims. No agreed stipulation or order or any agreement by the employer and employee or any other party to the proceeding shall be a prerequisite to the court's approval or disapproval of the award being paid in one (1) or more lump sum payments. In making the commutation, the lump sum payment shall, in the aggregate, amount to a sum of all future installments of compensation. No settlement or compromise shall be made except on the terms provided in this chapter. In determining whether to commute an award, the trial court shall consider whether the commutation will be in the best interest of the employee, and the court shall also consider the ability of the employee to wisely manage and control the commuted award, regardless of whether special needs exist. Attorneys' fees may be paid as a partial lump sum from any award when approved and ordered by the trial judge. (b) All settlements of compensation by agreement of the parties and all awards of compensation made by the court of workers' compensation claims, when the amount paid or to be paid in settlement or by award does not exceed the compensation for twenty-six (26) weeks of disability, shall be final and not subject to readjustment. (c) All amounts paid by the employer and received by the employee or the employee's dependents, by lump sum payments, shall be final, but the amount of any award payable periodically for more than twenty-six (26) weeks may be modified as follows: (1) At any time by agreement of the parties and approval by the court; or (2) If the parties do not agree, then at any time after twenty-six (26) weeks from the date of the award, either party may file an application to the court of workers' compensation claims, on the ground of increase or decrease of incapacity due solely to the injury. Acts 1919, ch. 123, § 36; Shan. Supp., § 3608a186; Code 1932, § 6890; Acts 1947, ch. 139, § 12; C. Supp. 1950, § 6890; Acts 1971, ch. 300, § 2; 1979, ch. 295, § 1; impl. am. Acts 1980, ch. 534, § 1; T.C.A. (orig. ed.), § 50-1023; Acts 1983, ch. 217, § 5; 1985, ch. 393, § 16; 1990, ch. 843, § 1; 1992, ch. 900, § 25; 1999, ch. 520, § 41; 2013, ch. 289, §§ 67, 68; 2016, ch. 816, § 7.
(a) The amounts of compensation payable periodically under this chapter may be commuted to one (1) or more lump sum payments. These may be commuted upon motion of any party subject to the approval of the court of workers' compensation claims. No agreed stipulation or order or any agreement by the employer and employee or any other party to the proceeding shall be a prerequisite to the court's approval or disapproval of the award being paid in one (1) or more lump sum payments. In making the commutation, the lump sum payment shall, in the aggregate, amount to a sum of all future installments of compensation. No settlement or compromise shall be made except on the terms provided in this chapter. In determining whether to commute an award, the trial court shall consider whether the commutation will be in the best interest of the employee, and the court shall also consider the ability of the employee to wisely manage and control the commuted award, regardless of whether special needs exist. Attorneys' fees may be paid as a partial lump sum from any award when approved and ordered by the trial judge.
(b) All settlements of compensation by agreement of the parties and all awards of compensation made by the court of workers' compensation claims, when the amount paid or to be paid in settlement or by award does not exceed the compensation for twenty-six (26) weeks of disability, shall be final and not subject to readjustment.
(c) All amounts paid by the employer and received by the employee or the employee's dependents, by lump sum payments, shall be final, but the amount of any award payable periodically for more than twenty-six (26) weeks may be modified as follows: (1) At any time by agreement of the parties and approval by the court; or (2) If the parties do not agree, then at any time after twenty-six (26) weeks from the date of the award, either party may file an application to the court of workers' compensation claims, on the ground of increase or decrease of incapacity due solely to the injury.
(1) At any time by agreement of the parties and approval by the court; or
(2) If the parties do not agree, then at any time after twenty-six (26) weeks from the date of the award, either party may file an application to the court of workers' compensation claims, on the ground of increase or decrease of incapacity due solely to the injury.
Acts 1919, ch. 123, § 36; Shan. Supp., § 3608a186; Code 1932, § 6890; Acts 1947, ch. 139, § 12; C. Supp. 1950, § 6890; Acts 1971, ch. 300, § 2; 1979, ch. 295, § 1; impl. am. Acts 1980, ch. 534, § 1; T.C.A. (orig. ed.), § 50-1023; Acts 1983, ch. 217, § 5; 1985, ch. 393, § 16; 1990, ch. 843, § 1; 1992, ch. 900, § 25; 1999, ch. 520, § 41; 2013, ch. 289, §§ 67, 68; 2016, ch. 816, § 7.
Tenn. Code Ann. § 50-5-210 — TN Code / Title 50 / Chapter 5 / Section 50-5-210
Where to file petition
Status: in_force

Petition for contract approval under this part shall be filed with and, when granted, approved by the court handling probate matters for the county in which the minor resides, where the minor is employed or where the minor performs or renders the minor's services, or intends to do so; or the county in this state where performance of the contract shall be conducted, if the minor is not a resident of the state where the majority of the services are performed and the non-minor party to the contract is either a resident of this state or has been qualified or licensed to do business in the state. Acts 2003, ch. 168, § 1.
Petition for contract approval under this part shall be filed with and, when granted, approved by the court handling probate matters for the county in which the minor resides, where the minor is employed or where the minor performs or renders the minor's services, or intends to do so; or the county in this state where performance of the contract shall be conducted, if the minor is not a resident of the state where the majority of the services are performed and the non-minor party to the contract is either a resident of this state or has been qualified or licensed to do business in the state.
Acts 2003, ch. 168, § 1.
Tenn. Code Ann. § 50-7-209 — TN Code / Title 50 / Chapter 7 / Section 50-7-209
"Fund" defined
Status: in_force

"Fund" means the unemployment compensation fund established by this chapter, to which all premiums required, and from which all benefits provided under this chapter, shall be paid. Acts 1947, ch. 29, § 2; C. Supp. 1950, § 6901.2 (Williams, § 6901.26); T.C.A. (orig. ed.), § 50-1311; Acts 1985, ch. 318, § 12.
"Fund" means the unemployment compensation fund established by this chapter, to which all premiums required, and from which all benefits provided under this chapter, shall be paid.
Acts 1947, ch. 29, § 2; C. Supp. 1950, § 6901.2 (Williams, § 6901.26); T.C.A. (orig. ed.), § 50-1311; Acts 1985, ch. 318, § 12.
Tenn. Code Ann. § 50-1-504 — TN Code / Title 50 / Chapter 1 / Section 50-1-504
Immunity of employer when policy adopted - Cause of action against employer not created
Status: in_force

(a) Notwithstanding § 29-20-205 , if an employer adopts the model policy created by TACIR pursuant to § 50-1-503(a) or adopts a policy that conforms to the requirements set out in § 50-1-503(b) , then the employer is immune from suit for any employee's abusive conduct that results in negligent or intentional infliction of mental anguish. Nothing in this section limits the personal liability of an employee for any abusive conduct in the workplace. (b) Nothing in this section creates a cause of action against an employer who does not adopt the model policy created by TACIR pursuant to § 50-1-503(a) or adopt a policy conforming to the requirements set out in § 50-1-503(b) . Amended by 2019 Tenn. Acts, ch. 214,s 2, eff. 4/23/2019. Added by 2014 Tenn. Acts, ch. 997,s 1, eff. 5/22/2014.
(a) Notwithstanding § 29-20-205 , if an employer adopts the model policy created by TACIR pursuant to § 50-1-503(a) or adopts a policy that conforms to the requirements set out in § 50-1-503(b) , then the employer is immune from suit for any employee's abusive conduct that results in negligent or intentional infliction of mental anguish. Nothing in this section limits the personal liability of an employee for any abusive conduct in the workplace.
(b) Nothing in this section creates a cause of action against an employer who does not adopt the model policy created by TACIR pursuant to § 50-1-503(a) or adopt a policy conforming to the requirements set out in § 50-1-503(b) .
Amended by 2019 Tenn. Acts, ch. 214,s 2, eff. 4/23/2019.
Added by 2014 Tenn. Acts, ch. 997,s 1, eff. 5/22/2014.
Tenn. Code Ann. § 50-6-233 — TN Code / Title 50 / Chapter 6 / Section 50-6-233
Enforcement powers of administrator - Promulgation of rules and regulations to implement chapter
Status: in_force

(a) (1) There is conferred upon the administrator the power to enforce this chapter that relate to the assurance of payments of the awards under this chapter. (2) In no event shall the bureau of workers' compensation charge a fee or impose a cost for any necessary or required forms needed to process a workers' compensation claim. (b) In addition to the rulemaking authority granted in § 50-6-118 , and subsection (a), the administrator or the commissioner of commerce and insurance, as appropriate, may promulgate rules and regulations implementing this chapter. The rules and regulations shall be promulgated pursuant to the Uniform Administrative Procedures Act, compiled in title 4, chapter 5. Acts 1919, ch. 123, § 46; impl. am. Acts 1923, ch. 7, §§ 2, 50; Shan. Supp., § 3608a196; Code 1932, § 6900; Acts 1941, ch. 90, § 12; C. Supp. 1950, § 6900; Acts 1972, ch. 699, § 5; impl. am. Acts 1980, ch. 534, § 1; T.C.A. (orig. ed.), § 50-1028; Acts 1983, ch. 215, § 3; 1992, ch. 900, § 3; 1999, ch. 242, § 2; 1999, ch. 265, § 3; 1999, ch. 520, § 41, 2006, ch. 687, § 1; 2013, ch. 289, § 73; 2015, ch. 341, § 15; 2017, ch. 344, § 8.
(a) (1) There is conferred upon the administrator the power to enforce this chapter that relate to the assurance of payments of the awards under this chapter. (2) In no event shall the bureau of workers' compensation charge a fee or impose a cost for any necessary or required forms needed to process a workers' compensation claim.
(1) There is conferred upon the administrator the power to enforce this chapter that relate to the assurance of payments of the awards under this chapter.
(2) In no event shall the bureau of workers' compensation charge a fee or impose a cost for any necessary or required forms needed to process a workers' compensation claim.
(b) In addition to the rulemaking authority granted in § 50-6-118 , and subsection (a), the administrator or the commissioner of commerce and insurance, as appropriate, may promulgate rules and regulations implementing this chapter. The rules and regulations shall be promulgated pursuant to the Uniform Administrative Procedures Act, compiled in title 4, chapter 5.
Acts 1919, ch. 123, § 46; impl. am. Acts 1923, ch. 7, §§ 2, 50; Shan. Supp., § 3608a196; Code 1932, § 6900; Acts 1941, ch. 90, § 12; C. Supp. 1950, § 6900; Acts 1972, ch. 699, § 5; impl. am. Acts 1980, ch. 534, § 1; T.C.A. (orig. ed.), § 50-1028; Acts 1983, ch. 215, § 3; 1992, ch. 900, § 3; 1999, ch. 242, § 2; 1999, ch. 265, § 3; 1999, ch. 520, § 41, 2006, ch. 687, § 1; 2013, ch. 289, § 73; 2015, ch. 341, § 15; 2017, ch. 344, § 8.
Tenn. Code Ann. § 50-6-911 — TN Code / Title 50 / Chapter 6 / Section 50-6-911
Notice to public of exemptions - Website - Additions and deletions from registry
Status: in_force

(a) (1) The bureau of workers' compensation shall provide notice on its website that the registry is for purposes of establishing providers who are exempt from workers' compensation coverage and in no way reflects licensing or certification of any construction services provider. (2) The board, the department of commerce and insurance and the bureau of workers' compensation shall each develop a notice provision to inform the public that any person or entity interested in determining whether a construction services provider is exempt from workers' compensation coverage shall review the bureau of workers' compensation's website. Such notice provision shall be prominently displayed on the websites of the board, the department of commerce and insurance and the bureau of workers' compensation. (b) (1) The bureau of workers' compensation shall provide notice to the board and the department of commerce and insurance when a construction services provider is added to or removed from the registry. (2) If any construction services provider has a license issued by the board, and such license is revoked or suspended, the board shall immediately notify the bureau of workers' compensation, in order for the bureau of workers' compensation to revoke such provider's exemption pursuant to § 50-6-908(b) . Amended by 2021 Tenn. Acts, ch. 88, Secs.s3, s6, s7 eff. 1/1/2022. Amended by 2021 Tenn. Acts, ch. 88, s 2, eff. 1/1/2022. Acts 2010 , ch. 1149, § 13.
(a) (1) The bureau of workers' compensation shall provide notice on its website that the registry is for purposes of establishing providers who are exempt from workers' compensation coverage and in no way reflects licensing or certification of any construction services provider. (2) The board, the department of commerce and insurance and the bureau of workers' compensation shall each develop a notice provision to inform the public that any person or entity interested in determining whether a construction services provider is exempt from workers' compensation coverage shall review the bureau of workers' compensation's website. Such notice provision shall be prominently displayed on the websites of the board, the department of commerce and insurance and the bureau of workers' compensation.
(1) The bureau of workers' compensation shall provide notice on its website that the registry is for purposes of establishing providers who are exempt from workers' compensation coverage and in no way reflects licensing or certification of any construction services provider.
(2) The board, the department of commerce and insurance and the bureau of workers' compensation shall each develop a notice provision to inform the public that any person or entity interested in determining whether a construction services provider is exempt from workers' compensation coverage shall review the bureau of workers' compensation's website. Such notice provision shall be prominently displayed on the websites of the board, the department of commerce and insurance and the bureau of workers' compensation.
(b) (1) The bureau of workers' compensation shall provide notice to the board and the department of commerce and insurance when a construction services provider is added to or removed from the registry. (2) If any construction services provider has a license issued by the board, and such license is revoked or suspended, the board shall immediately notify the bureau of workers' compensation, in order for the bureau of workers' compensation to revoke such provider's exemption pursuant to § 50-6-908(b) .
(1) The bureau of workers' compensation shall provide notice to the board and the department of commerce and insurance when a construction services provider is added to or removed from the registry.
(2) If any construction services provider has a license issued by the board, and such license is revoked or suspended, the board shall immediately notify the bureau of workers' compensation, in order for the bureau of workers' compensation to revoke such provider's exemption pursuant to § 50-6-908(b) .
Amended by 2021 Tenn. Acts, ch. 88, Secs.s3, s6, s7 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. § 50-1-204 — TN Code / Title 50 / Chapter 1 / Section 50-1-204
Prohibition against execution of an agreement with union or employee organization that includes maintenance of membership clause
Status: in_force

It is unlawful for any person, firm, corporation or association of any kind operating in this state to execute an agreement with a union or employee organization of any kind that includes a maintenance of membership clause prohibiting employees from withdrawing from a union or employee organization prior to the agreement's expiration. This section shall not apply to a city, town, municipality or county, including a county having a metropolitan form of government. Acts 2011, ch. 178, § 2.
It is unlawful for any person, firm, corporation or association of any kind operating in this state to execute an agreement with a union or employee organization of any kind that includes a maintenance of membership clause prohibiting employees from withdrawing from a union or employee organization prior to the agreement's expiration. This section shall not apply to a city, town, municipality or county, including a county having a metropolitan form of government.
Acts 2011, ch. 178, § 2.
Tenn. Code Ann. § 50-5-209 — TN Code / Title 50 / Chapter 5 / Section 50-5-209
Approval for contract that is executed, in existence or being performed - Effective date - Earnings
Status: in_force

(a) Approval under this part may be sought for a contract or agreement that is fully executed, is already in existence or under which the parties are currently performing. Approval may be effective as of the date upon which the contract has been executed, or the date when services were first performed by the minor, if specifically so ordered by the court. The parties may petition the court for approval to be effective within one (1) year of the contract's ratification by the court. The parties may also petition the court for approval of a contract effective date more than one (1) year after the ratification of the contract by the court, if good cause for the delayed effective date is shown by the petitioners. (b) If a contract is approved pursuant to this part, all earnings, royalties, or other compensation earned or received by the minor pursuant to the approved contract shall become the sole property of the minor who will be authorized to execute any contracts relating to administration or investments of the earnings. Acts 2003, ch. 168, § 1.
(a) Approval under this part may be sought for a contract or agreement that is fully executed, is already in existence or under which the parties are currently performing. Approval may be effective as of the date upon which the contract has been executed, or the date when services were first performed by the minor, if specifically so ordered by the court. The parties may petition the court for approval to be effective within one (1) year of the contract's ratification by the court. The parties may also petition the court for approval of a contract effective date more than one (1) year after the ratification of the contract by the court, if good cause for the delayed effective date is shown by the petitioners.
(b) If a contract is approved pursuant to this part, all earnings, royalties, or other compensation earned or received by the minor pursuant to the approved contract shall become the sole property of the minor who will be authorized to execute any contracts relating to administration or investments of the earnings.
Acts 2003, ch. 168, § 1.
Tenn. Code Ann. § 50-7-610 — TN Code / Title 50 / Chapter 7 / Section 50-7-610
Contracts for administration of programs
Status: in_force

Any political subdivision of the state may contract for the administration of an unemployment compensation program following the established procedures of the division of employment security required by the terms of this chapter without the necessity of public bidding, as required by any public or private act or charter restriction, if the contract is entered into pursuant to a plan authorized and approved by any organization of governmental entities representing cities or counties. Acts 1979, ch. 312, § 1; T.C.A., § 50-1364; Acts 1999, ch. 520, § 41.
Any political subdivision of the state may contract for the administration of an unemployment compensation program following the established procedures of the division of employment security required by the terms of this chapter without the necessity of public bidding, as required by any public or private act or charter restriction, if the contract is entered into pursuant to a plan authorized and approved by any organization of governmental entities representing cities or counties.
Acts 1979, ch. 312, § 1; T.C.A., § 50-1364; Acts 1999, ch. 520, § 41.
Tenn. Code Ann. § 50-7-902 — TN Code / Title 50 / Chapter 7 / Section 50-7-902
Applicability
Status: in_force

(a) Except as otherwise provided in this part, provisions of this chapter that are applicable to unemployment benefits claimants apply to shared work benefits claimants. (b) An individual who files an initial claim for shared work benefits must be provided, if eligible, a monetary determination of entitlement to shared work benefits by the administrator and must serve a waiting period of one (1) week. Added by 2022 Tenn. Acts, ch. 1086, s 1, eff. 12/1/2023.
(a) Except as otherwise provided in this part, provisions of this chapter that are applicable to unemployment benefits claimants apply to shared work benefits claimants.
(b) An individual who files an initial claim for shared work benefits must be provided, if eligible, a monetary determination of entitlement to shared work benefits by the administrator and must serve a waiting period of one (1) week.
Added by 2022 Tenn. Acts, ch. 1086, s 1, eff. 12/1/2023.
Tenn. Code Ann. § 50-3-302 — TN Code / Title 50 / Chapter 3 / Section 50-3-302
Witnesses
Status: in_force

(a) In making inspections and investigations under this chapter, the commissioner may issue subpoenas to require the attendance and testimony of witnesses and the production of evidence under oath. (b) Witnesses shall be reimbursed for all travel and other necessary expenses that shall be claimed and paid in accordance with the prevailing travel regulations of the state. (c) In case of a failure or refusal of any person to obey a subpoena issued under §§ 50-3-301 - 50-3-306, the chancery court of the county in which the inspection or investigation is conducted shall have jurisdiction, upon application of the commissioner, to issue an order requiring the person to appear and testify or produce evidence as the case may require, and any failure to obey the order of the court may be punished by the court as contempt of the order. (d) The name, job title and other information that may be used to identify a witness who is interviewed during the course of an investigation shall be considered confidential and shall not be a public record pursuant to title 10, chapter 7. Acts 1972, ch. 561, § 8; 1977, ch. 111, § 10; T.C.A., § 50-521; Acts 2004, ch. 558, § 1.
(a) In making inspections and investigations under this chapter, the commissioner may issue subpoenas to require the attendance and testimony of witnesses and the production of evidence under oath.
(b) Witnesses shall be reimbursed for all travel and other necessary expenses that shall be claimed and paid in accordance with the prevailing travel regulations of the state.
(c) In case of a failure or refusal of any person to obey a subpoena issued under §§ 50-3-301 - 50-3-306, the chancery court of the county in which the inspection or investigation is conducted shall have jurisdiction, upon application of the commissioner, to issue an order requiring the person to appear and testify or produce evidence as the case may require, and any failure to obey the order of the court may be punished by the court as contempt of the order.
(d) The name, job title and other information that may be used to identify a witness who is interviewed during the course of an investigation shall be considered confidential and shall not be a public record pursuant to title 10, chapter 7.
Acts 1972, ch. 561, § 8; 1977, ch. 111, § 10; T.C.A., § 50-521; Acts 2004, ch. 558, § 1.
Tenn. Code Ann. § 50-6-619 — TN Code / Title 50 / Chapter 6 / Section 50-6-619
Annual report required
Status: in_force

The board shall submit an annual report to the governor and general assembly indicating the business done by the fund the previous year and containing a statement of the resources and liabilities of the fund. Acts 1992, ch. 900, § 26; 1994, ch. 979, § 5.
The board shall submit an annual report to the governor and general assembly indicating the business done by the fund the previous year and containing a statement of the resources and liabilities of the fund.
Acts 1992, ch. 900, § 26; 1994, ch. 979, § 5.
Tenn. Code Ann. § 50-7-709 — TN Code / Title 50 / Chapter 7 / Section 50-7-709
Misrepresentation to obtain benefits - Penalty
Status: in_force

(a) It is an offense for any person or entity to knowingly make a false statement or representation or fail to disclose a material fact, to obtain or increase any benefit or other payment under this chapter, either for the person's own benefit or for the benefit of any other person. (b) Each false statement or representation or failure to disclose a material fact constitutes a separate offense. (c) All prosecutions for offenses defined by this section shall be commenced within two (2) years after the commission of the offense. (d) (1) A violation of this section is a Class C misdemeanor. (2) A second or subsequent violation of this section is a Class E felony; provided, that the second or subsequent violation of this section occurs after a conviction has been obtained for the previous violation. (3) A first or subsequent violation of this section where the person has a prior conviction for a similar offense in another jurisdiction is a Class E felony; provided, that the second or subsequent violation occurs after a conviction has been obtained for the previous violation. (4) Subdivision (d)(2) or (d)(3) shall only apply if at least one (1) of the required offenses occurs on or after January 1, 2010. Acts 1947, ch. 29, § 16; C. Supp. 1950, § 6901.16 (Williams, § 6901.40); Acts 1963, ch. 176, § 7; T.C.A. (orig. ed.), § 50-1350; Acts 1989, ch. 591, § 113; 2009, ch. 479, § 4.
(a) It is an offense for any person or entity to knowingly make a false statement or representation or fail to disclose a material fact, to obtain or increase any benefit or other payment under this chapter, either for the person's own benefit or for the benefit of any other person.
(b) Each false statement or representation or failure to disclose a material fact constitutes a separate offense.
(c) All prosecutions for offenses defined by this section shall be commenced within two (2) years after the commission of the offense.
(d) (1) A violation of this section is a Class C misdemeanor. (2) A second or subsequent violation of this section is a Class E felony; provided, that the second or subsequent violation of this section occurs after a conviction has been obtained for the previous violation. (3) A first or subsequent violation of this section where the person has a prior conviction for a similar offense in another jurisdiction is a Class E felony; provided, that the second or subsequent violation occurs after a conviction has been obtained for the previous violation. (4) Subdivision (d)(2) or (d)(3) shall only apply if at least one (1) of the required offenses occurs on or after January 1, 2010.
(1) A violation of this section is a Class C misdemeanor.
(2) A second or subsequent violation of this section is a Class E felony; provided, that the second or subsequent violation of this section occurs after a conviction has been obtained for the previous violation.
(3) A first or subsequent violation of this section where the person has a prior conviction for a similar offense in another jurisdiction is a Class E felony; provided, that the second or subsequent violation occurs after a conviction has been obtained for the previous violation.
(4) Subdivision (d)(2) or (d)(3) shall only apply if at least one (1) of the required offenses occurs on or after January 1, 2010.
Acts 1947, ch. 29, § 16; C. Supp. 1950, § 6901.16 (Williams, § 6901.40); Acts 1963, ch. 176, § 7; T.C.A. (orig. ed.), § 50-1350; Acts 1989, ch. 591, § 113; 2009, ch. 479, § 4.
Tenn. Code Ann. § 50-6-618 — TN Code / Title 50 / Chapter 6 / Section 50-6-618
Rules for sale of coverage by agents
Status: in_force

Private independent insurance agents licensed to sell workers' compensation insurance in this state may sell insurance coverage for the fund according to rules adopted by the board. The board shall, by rule, also establish a schedule of commissions that the fund will pay for the services of an agent. Acts 1992, ch. 900, § 26.
Private independent insurance agents licensed to sell workers' compensation insurance in this state may sell insurance coverage for the fund according to rules adopted by the board. The board shall, by rule, also establish a schedule of commissions that the fund will pay for the services of an agent.
Acts 1992, ch. 900, § 26.
Tenn. Code Ann. § 50-7-910 — TN Code / Title 50 / Chapter 7 / Section 50-7-910
Benefits - Amount
Status: in_force

(a) The shared work weekly benefit amount is the product of the regular weekly unemployment benefits amount multiplied by the percentage of reduction of at least ten percent (10%) in the individual's usual weekly hours of work. (b) An individual may be eligible for shared work benefits or unemployment benefits, as appropriate, except that no individual is eligible for combined benefits in any benefit year in an amount more than the maximum entitlement established for unemployment benefits, nor is an individual eligible to be paid shared work benefits for more than the applicable maximum number of weeks described in § 50-7-301(d)(2) , whether or not consecutive, in any benefit year pursuant to a shared work plan. (c) The shared work benefits paid an individual are deducted from the maximum entitlement amount established for that individual's benefit year. (d) Claims for shared work benefits are filed in the same manner as claims for unemployment benefits or as prescribed in rules by the administrator. Added by 2022 Tenn. Acts, ch. 1086, s 1, eff. 12/1/2023.
(a) The shared work weekly benefit amount is the product of the regular weekly unemployment benefits amount multiplied by the percentage of reduction of at least ten percent (10%) in the individual's usual weekly hours of work.
(b) An individual may be eligible for shared work benefits or unemployment benefits, as appropriate, except that no individual is eligible for combined benefits in any benefit year in an amount more than the maximum entitlement established for unemployment benefits, nor is an individual eligible to be paid shared work benefits for more than the applicable maximum number of weeks described in § 50-7-301(d)(2) , whether or not consecutive, in any benefit year pursuant to a shared work plan.
(c) The shared work benefits paid an individual are deducted from the maximum entitlement amount established for that individual's benefit year.
(d) Claims for shared work benefits are filed in the same manner as claims for unemployment benefits or as prescribed in rules by the administrator.
Added by 2022 Tenn. Acts, ch. 1086, s 1, eff. 12/1/2023.
Tenn. Code Ann. § 50-1-110 — TN Code / Title 50 / Chapter 1 / Section 50-1-110
Independent contractors - mandatory disclosure of participation in a physician wellness program prohibited
Status: in_force

An employer, as defined in § 50-1-304 , shall not require an independent contractor, or a prospective independent contractor, who is licensed pursuant to title 63, chapter 6 or 9, to disclose participation in a physician wellness program, as defined in § 63-1-173 . Added by 2024 Tenn. Acts, ch. 924,s 5, eff. 1/1/2025.
An employer, as defined in § 50-1-304 , shall not require an independent contractor, or a prospective independent contractor, who is licensed pursuant to title 63, chapter 6 or 9, to disclose participation in a physician wellness program, as defined in § 63-1-173 .
Added by 2024 Tenn. Acts, ch. 924,s 5, eff. 1/1/2025.
Tenn. Code Ann. § 50-3-101 — TN Code / Title 50 / Chapter 3 / Section 50-3-101
Short title
Status: in_force

This chapter shall be known and may be cited as the "Occupational Safety and Health Act of 1972." Acts 1972, ch. 561, § 1; T.C.A., § 50-501.
This chapter shall be known and may be cited as the "Occupational Safety and Health Act of 1972."
Acts 1972, ch. 561, § 1; T.C.A., § 50-501.
Tenn. Code Ann. § 50-6-232 — TN Code / Title 50 / Chapter 6 / Section 50-6-232
Present value of future installments - Deposit in trust releasing employer - Trustee to make payments
Status: in_force

(a) Any time after the amount of any award has been agreed upon by the parties, or found and ordered by the court, a sum of all future installments of compensation may, where death or the nature of the injury renders the amount of future payments certain, by leave of court, be paid by the employer to any savings bank or trust company of this state to be approved and designated by the court, and the sum, together with all interest on the sum, shall be held in trust for the employee or the dependents of the employee who shall have no further recourse against the employer. (b) The payment of the sum by the employer evidenced by the receipts of the trustee, which shall be filed with the bureau, shall constitute satisfaction of the award by the employer. (c) Payments from the fund shall be made by the trustee in the same amounts and at the same time as are required of the employer until the fund interest is exhausted. (d) In the appointment of the trustee, preference shall be given, in the discretion of the court of workers' compensation claims, to the choice of the injured employee or the dependent of the deceased employee, as the case may be. Acts 1919, ch. 123, § 39; impl. am. Acts 1923, ch. 7, §§ 55, 56; Shan. Supp., § 3608a189; Code 1932, § 6893; Acts 1971, ch. 300, § 3; impl. am. Acts 1980, ch. 534, § 1; T.C.A. (orig. ed.), § 50-1026; Acts 1985, ch. 393, § 21; 2013, ch. 289, §§ 71, 72; 2015, ch. 341, § 15.
(a) Any time after the amount of any award has been agreed upon by the parties, or found and ordered by the court, a sum of all future installments of compensation may, where death or the nature of the injury renders the amount of future payments certain, by leave of court, be paid by the employer to any savings bank or trust company of this state to be approved and designated by the court, and the sum, together with all interest on the sum, shall be held in trust for the employee or the dependents of the employee who shall have no further recourse against the employer.
(b) The payment of the sum by the employer evidenced by the receipts of the trustee, which shall be filed with the bureau, shall constitute satisfaction of the award by the employer.
(c) Payments from the fund shall be made by the trustee in the same amounts and at the same time as are required of the employer until the fund interest is exhausted.
(d) In the appointment of the trustee, preference shall be given, in the discretion of the court of workers' compensation claims, to the choice of the injured employee or the dependent of the deceased employee, as the case may be.
Acts 1919, ch. 123, § 39; impl. am. Acts 1923, ch. 7, §§ 55, 56; Shan. Supp., § 3608a189; Code 1932, § 6893; Acts 1971, ch. 300, § 3; impl. am. Acts 1980, ch. 534, § 1; T.C.A. (orig. ed.), § 50-1026; Acts 1985, ch. 393, § 21; 2013, ch. 289, §§ 71, 72; 2015, ch. 341, § 15.
Tenn. Code Ann. § 50-7-406 — TN Code / Title 50 / Chapter 7 / Section 50-7-406
Rating system for reorganized businesses
Status: in_force

The division of employment security shall attempt to develop a system of rating employers that will ensure that an employer who goes out of business and reorganizes as a new business with substantially the same owners shall not be rated as a new employer, but the business shall retain the same rating it maintained under the old business. Acts 1983, ch. 439, § 15; 1999, ch. 520, § 41.
The division of employment security shall attempt to develop a system of rating employers that will ensure that an employer who goes out of business and reorganizes as a new business with substantially the same owners shall not be rated as a new employer, but the business shall retain the same rating it maintained under the old business.
Acts 1983, ch. 439, § 15; 1999, ch. 520, § 41.
Tenn. Code Ann. § 50-1-208 — TN Code / Title 50 / Chapter 1 / Section 50-1-208
Relationship between franchisee and franchisor
Status: in_force

(a) Notwithstanding any voluntary agreement entered into between the United States department of labor and a franchisee, neither a franchisee nor a franchisee's employee shall be deemed to be an employee of the franchisor for any purpose. (b) For purposes of this section "franchisee" and "franchisor" have the same definitions as set out in 16 CFR 436.1 . Added by 2015 Tenn. Acts, ch. 114,s 1, eff. 4/10/2015.
(a) Notwithstanding any voluntary agreement entered into between the United States department of labor and a franchisee, neither a franchisee nor a franchisee's employee shall be deemed to be an employee of the franchisor for any purpose.
(b) For purposes of this section "franchisee" and "franchisor" have the same definitions as set out in 16 CFR 436.1 .
Added by 2015 Tenn. Acts, ch. 114,s 1, eff. 4/10/2015.
Tenn. Code Ann. § 50-3-1003 — TN Code / Title 50 / Chapter 3 / Section 50-3-1003
Clearance or safeguard required
Status: in_force

(a) The operation, erection or transportation of any tools, machinery, or equipment, or any part of any tools, machinery, or equipment, capable of vertical, lateral or swinging motion, the handling, transportation or storage of any supplies, materials or apparatus, or the moving of any house or other building, or any part of any house or building, under, over, by or near high-voltage overhead lines, is expressly prohibited, if at any time during such operation, transportation or other manipulation it is possible to bring the equipment, tools, materials, building, or any part of the equipment, tools, materials or building, within ten feet (10') of the high-voltage overhead lines, or the distance required by an applicable standard of the Tennessee occupational health administration, except where the high-voltage overhead lines have been effectively guarded against danger from accidental contact, by either: (1) The erection of mechanical barriers to prevent physical contact with high-voltage conductors; (2) De-energizing the high-voltage conductors and grounding where necessary; or (3) By insulating the lines. (b) Only in the case of an exception referenced in subdivision (a)(1), (a)(2) or (a)(3) may the clearance required by subsection (a) be reduced. The clearance required by subsection (a) shall not be provided by movement of the conductors through strains impressed, by attachments or otherwise, upon the structures supporting the high-voltage overhead line nor upon any equipment, fixtures or attachments on the structures. (c) If temporary relocation of the high-voltage conductors is necessary, appropriate arrangements shall be made with the owner or operator of the overhead line for such temporary relocation. Acts 1955, ch. 289, § 3; T.C.A., §§ 53-2803, 68-21-103; Acts 2011, ch. 157, §§ 3, 4; Acts 2012, ch. 681, § 4; T.C.A. § 68-103-103 .
(a) The operation, erection or transportation of any tools, machinery, or equipment, or any part of any tools, machinery, or equipment, capable of vertical, lateral or swinging motion, the handling, transportation or storage of any supplies, materials or apparatus, or the moving of any house or other building, or any part of any house or building, under, over, by or near high-voltage overhead lines, is expressly prohibited, if at any time during such operation, transportation or other manipulation it is possible to bring the equipment, tools, materials, building, or any part of the equipment, tools, materials or building, within ten feet (10') of the high-voltage overhead lines, or the distance required by an applicable standard of the Tennessee occupational health administration, except where the high-voltage overhead lines have been effectively guarded against danger from accidental contact, by either: (1) The erection of mechanical barriers to prevent physical contact with high-voltage conductors; (2) De-energizing the high-voltage conductors and grounding where necessary; or (3) By insulating the lines.
(1) The erection of mechanical barriers to prevent physical contact with high-voltage conductors;
(2) De-energizing the high-voltage conductors and grounding where necessary; or
(3) By insulating the lines.
(b) Only in the case of an exception referenced in subdivision (a)(1), (a)(2) or (a)(3) may the clearance required by subsection (a) be reduced. The clearance required by subsection (a) shall not be provided by movement of the conductors through strains impressed, by attachments or otherwise, upon the structures supporting the high-voltage overhead line nor upon any equipment, fixtures or attachments on the structures.
(c) If temporary relocation of the high-voltage conductors is necessary, appropriate arrangements shall be made with the owner or operator of the overhead line for such temporary relocation.
Acts 1955, ch. 289, § 3; T.C.A., §§ 53-2803, 68-21-103; Acts 2011, ch. 157, §§ 3, 4; Acts 2012, ch. 681, § 4; T.C.A. § 68-103-103 .
Tenn. Code Ann. § 50-7-401 — TN Code / Title 50 / Chapter 7 / Section 50-7-401
Payment
Status: in_force

(a) Premiums shall accrue and become payable by each employer for each calendar year in which the employer is subject to this chapter, with respect to wages paid for employment, as defined in § 50-7-207 , occurring during the calendar year; provided, that any employer who uses an accrual basis of accounting may report wages when earned so long as the reporting method is consistent. The premiums shall become due and be paid by each employer to the administrator for the fund in accordance with regulations the commissioner prescribes, and shall not be deducted, in whole or in part, from the wages of individuals who perform services for the employer. Neither shall payments in lieu of premiums be deducted in whole or in part from the wages of individuals who perform services for employers making the payments. (b) In the payment of any premium, a fractional part of a cent shall be disregarded unless it amounts to one-half cent (1/2 ¢) or more, in which case it shall be increased to one cent (1¢). Acts 1947, ch. 29, § 7; C. Supp. 1950, § 6901.7 (Williams, § 6901.31); Acts 1973, ch. 130, § 7; T.C.A. (orig. ed), § 50-1326; Acts 1985, ch. 318, §§ 40, 41; 1992, ch. 694, § 7.
(a) Premiums shall accrue and become payable by each employer for each calendar year in which the employer is subject to this chapter, with respect to wages paid for employment, as defined in § 50-7-207 , occurring during the calendar year; provided, that any employer who uses an accrual basis of accounting may report wages when earned so long as the reporting method is consistent. The premiums shall become due and be paid by each employer to the administrator for the fund in accordance with regulations the commissioner prescribes, and shall not be deducted, in whole or in part, from the wages of individuals who perform services for the employer. Neither shall payments in lieu of premiums be deducted in whole or in part from the wages of individuals who perform services for employers making the payments.
(b) In the payment of any premium, a fractional part of a cent shall be disregarded unless it amounts to one-half cent (1/2 ¢) or more, in which case it shall be increased to one cent (1¢).
Acts 1947, ch. 29, § 7; C. Supp. 1950, § 6901.7 (Williams, § 6901.31); Acts 1973, ch. 130, § 7; T.C.A. (orig. ed), § 50-1326; Acts 1985, ch. 318, §§ 40, 41; 1992, ch. 694, § 7.
Tenn. Code Ann. § 50-6-237 — TN Code / Title 50 / Chapter 6 / Section 50-6-237
Court of workers' compensation claims
Status: in_force

There is created the court of workers' compensation claims in the bureau of workers' compensation, which shall have original and exclusive jurisdiction over all contested claims for workers' compensation benefits when the date of the alleged injury is on or after July 1, 2014. The administrator shall have sole administrative authority over the court including authority to appoint, and to remove, workers' compensation judges. The administrator shall promulgate rules and regulations consistent with this chapter in order to fulfill the purposes of this chapter in an orderly and efficient manner. Acts 1992, ch. 900, § 12; 2001, ch. 244, § 1; 2007, ch. 513, § 2; 2013, ch. 289, § 78; 2015, ch. 341, § 15.
There is created the court of workers' compensation claims in the bureau of workers' compensation, which shall have original and exclusive jurisdiction over all contested claims for workers' compensation benefits when the date of the alleged injury is on or after July 1, 2014. The administrator shall have sole administrative authority over the court including authority to appoint, and to remove, workers' compensation judges. The administrator shall promulgate rules and regulations consistent with this chapter in order to fulfill the purposes of this chapter in an orderly and efficient manner.
Acts 1992, ch. 900, § 12; 2001, ch. 244, § 1; 2007, ch. 513, § 2; 2013, ch. 289, § 78; 2015, ch. 341, § 15.
Tenn. Code Ann. § 50-5-218 — TN Code / Title 50 / Chapter 5 / Section 50-5-218
Court's discretion for hearing in chambers or courtroom - Of record - Sealed
Status: in_force

At the court's discretion, the hearing may be held in the court's chambers or courtroom. The proceeding shall be of record and may be sealed, if the court determines that sealing the record will be in the best interests of the minor. Acts 2003, ch. 168, § 1.
At the court's discretion, the hearing may be held in the court's chambers or courtroom. The proceeding shall be of record and may be sealed, if the court determines that sealing the record will be in the best interests of the minor.
Acts 2003, ch. 168, § 1.
Tenn. Code Ann. § 50-1-402 — TN Code / Title 50 / Chapter 1 / Section 50-1-402
Violation - Penalty
Status: in_force

A violation of § 50-1-401 , requiring all funds in a private pension and retirement fund to be deposited in a separate trust account, is a Class E felony. Acts 1979, ch. 122, § 1; T.C.A., § 50-802; Acts 1989, ch. 591, § 46.
A violation of § 50-1-401 , requiring all funds in a private pension and retirement fund to be deposited in a separate trust account, is a Class E felony.
Acts 1979, ch. 122, § 1; T.C.A., § 50-802; Acts 1989, ch. 591, § 46.
Tenn. Code Ann. § 50-1-305 — TN Code / Title 50 / Chapter 1 / Section 50-1-305
Breast milk expressing by employees - Break time and place
Status: in_force

(a) As used in this section, "employer" means a person or entity that employs one (1) or more employees and includes the state and its political subdivisions. (b) An employer shall provide reasonable unpaid break time each day to an employee who needs to express breast milk for that employee's infant child. The break time shall, if possible, run concurrently with any break time already provided to the employee. An employer shall not be required to provide break time under this section if to do so would unduly disrupt the operations of the employer. (c) The employer shall make reasonable efforts to provide a room or other location in close proximity to the work area, other than a toilet stall, where the employee can express breast milk in privacy. The employer shall be held harmless if reasonable efforts have been made to comply with this subsection (c). Acts 1999, ch. 161, § 1.
(a) As used in this section, "employer" means a person or entity that employs one (1) or more employees and includes the state and its political subdivisions.
(b) An employer shall provide reasonable unpaid break time each day to an employee who needs to express breast milk for that employee's infant child. The break time shall, if possible, run concurrently with any break time already provided to the employee. An employer shall not be required to provide break time under this section if to do so would unduly disrupt the operations of the employer.
(c) The employer shall make reasonable efforts to provide a room or other location in close proximity to the work area, other than a toilet stall, where the employee can express breast milk in privacy. The employer shall be held harmless if reasonable efforts have been made to comply with this subsection (c).
Acts 1999, ch. 161, § 1.
Tenn. Code Ann. § 50-2-113 — TN Code / Title 50 / Chapter 2 / Section 50-2-113
State preemption of wage theft laws, ordinances or rules
Status: in_force

(a) This section shall be known and may be cited as the "Tennessee Wage Protection Act." (b) The general assembly finds as a matter of public policy that it is necessary to declare the theft of wages and the denial of fair compensation for work completed to be against the laws and policies of this state. (c) Employers and employees alike benefit from consistent and established standards of wage theft regulation. Existing federal and state laws, including, but not limited to, the Fair Labor Standards Act ( 29 U.S.C. § 201 et seq.), the Portal-to-Portal Act of 1947 ( 29 U.S.C. § 251 et seq.), the Davis-Bacon Act ( 40 U.S.C. § 3141 et seq.), the McNamara-O'Hara Service Contract Act ( 41 U.S.C. § 6701 et seq.), the Migrant and Seasonal Agricultural Protection Act ( 29 U.S.C. § 1801 et seq.), the Contract Work Hours and Safety Standards Act ( 29 CFR 5.1 et seq.), the Copeland Anti-Kickback Act ( 18 U.S.C. § 874 and 40 U.S.C. § 3145 ), and this chapter, seek to protect employees from predatory and unfair wage practices while also providing appropriate due process to employers. (d) A county, municipality, or political subdivision of the state shall not adopt or maintain in effect any law, ordinance, or rule that creates requirements, regulations, or processes for the purpose of addressing wage theft. Any additional wage theft ordinance or regulation that exceeds the designated state and federal laws in subsection (c) shall be explicitly preempted by the state. Amended by 2024 Tenn. Acts, ch. 623,s 2, eff. 7/1/2024. Added by 2013 Tenn. Acts, ch. 91, s 4, eff. 4/11/2013.
(a) This section shall be known and may be cited as the "Tennessee Wage Protection Act."
(b) The general assembly finds as a matter of public policy that it is necessary to declare the theft of wages and the denial of fair compensation for work completed to be against the laws and policies of this state.
(c) Employers and employees alike benefit from consistent and established standards of wage theft regulation. Existing federal and state laws, including, but not limited to, the Fair Labor Standards Act ( 29 U.S.C. § 201 et seq.), the Portal-to-Portal Act of 1947 ( 29 U.S.C. § 251 et seq.), the Davis-Bacon Act ( 40 U.S.C. § 3141 et seq.), the McNamara-O'Hara Service Contract Act ( 41 U.S.C. § 6701 et seq.), the Migrant and Seasonal Agricultural Protection Act ( 29 U.S.C. § 1801 et seq.), the Contract Work Hours and Safety Standards Act ( 29 CFR 5.1 et seq.), the Copeland Anti-Kickback Act ( 18 U.S.C. § 874 and 40 U.S.C. § 3145 ), and this chapter, seek to protect employees from predatory and unfair wage practices while also providing appropriate due process to employers.
(d) A county, municipality, or political subdivision of the state shall not adopt or maintain in effect any law, ordinance, or rule that creates requirements, regulations, or processes for the purpose of addressing wage theft. Any additional wage theft ordinance or regulation that exceeds the designated state and federal laws in subsection (c) shall be explicitly preempted by the state.
Amended by 2024 Tenn. Acts, ch. 623,s 2, eff. 7/1/2024.
Added by 2013 Tenn. Acts, ch. 91, s 4, eff. 4/11/2013.
Tenn. Code Ann. § 50-6-608 — TN Code / Title 50 / Chapter 6 / Section 50-6-608
Nonliability of board members, officers or employees
Status: in_force

The members of the board and officers or employees of the fund shall not be liable personally, either jointly or severally, for any debt or obligation created or incurred by the fund. Acts 1992, ch. 900, § 26.
The members of the board and officers or employees of the fund shall not be liable personally, either jointly or severally, for any debt or obligation created or incurred by the fund.
Acts 1992, ch. 900, § 26.
Tenn. Code Ann. § 50-3-909 — TN Code / Title 50 / Chapter 3 / Section 50-3-909
Conditions or practices by state departments or agencies endangering health - Abatement
Status: in_force

Whenever the commissioner of labor and workforce development has reason to believe that failure of an agency or department to meet its responsibilities under this chapter creates imminent danger of death or serious physical injury to any employee of this state, the commissioner shall immediately submit to the governor a statement of the reasons for the commissioner's belief, together with recommendations for the immediate abatement of the hazard. Acts 1972, ch. 561, § 19; 1974, ch. 585, § 37; 1977, ch. 111, § 40; T.C.A., § 50-570; Acts 1999, ch. 520, § 41.
Whenever the commissioner of labor and workforce development has reason to believe that failure of an agency or department to meet its responsibilities under this chapter creates imminent danger of death or serious physical injury to any employee of this state, the commissioner shall immediately submit to the governor a statement of the reasons for the commissioner's belief, together with recommendations for the immediate abatement of the hazard.
Acts 1972, ch. 561, § 19; 1974, ch. 585, § 37; 1977, ch. 111, § 40; T.C.A., § 50-570; Acts 1999, ch. 520, § 41.
Tenn. Code Ann. § 50-1-301 — TN Code / Title 50 / Chapter 1 / Section 50-1-301
Toilet facilities for female employees
Status: in_force

(a) All persons employing female employees in any manufacturing or mercantile establishment shall provide separate privies or water closets for the female employees. (b) No male person shall enter the separate privies or water closets except for the purpose of repairing or cleaning the privies or water closets. (c) A violation of this section is a Class C misdemeanor. Acts 1897, ch. 98, §§ 1-3; Shan., §§ 3079a27-3079a29; Code 1932, §§ 5309-5311; T.C.A. (orig. ed.), §§ 50-401 -- 50-403, 50-609 -- 50-611; Acts 1989, ch. 591, § 113.
(a) All persons employing female employees in any manufacturing or mercantile establishment shall provide separate privies or water closets for the female employees.
(b) No male person shall enter the separate privies or water closets except for the purpose of repairing or cleaning the privies or water closets.
(c) A violation of this section is a Class C misdemeanor.
Acts 1897, ch. 98, §§ 1-3; Shan., §§ 3079a27-3079a29; Code 1932, §§ 5309-5311; T.C.A. (orig. ed.), §§ 50-401 -- 50-403, 50-609 -- 50-611; Acts 1989, ch. 591, § 113.
Tenn. Code Ann. § 50-7-109 — TN Code / Title 50 / Chapter 7 / Section 50-7-109
Electronic communications authorized
Status: in_force

Any notification, notice, decision, or correspondence as prescribed by the commissioner for the administration of this chapter may be sent to or received by the department through electronic means, if an individual or entity agrees to send or receive such notifications, notices, decisions, or correspondence through electronic means. Added by 2015 Tenn. Acts, ch. 95,s 1, eff. 7/1/2015.
Any notification, notice, decision, or correspondence as prescribed by the commissioner for the administration of this chapter may be sent to or received by the department through electronic means, if an individual or entity agrees to send or receive such notifications, notices, decisions, or correspondence through electronic means.
Added by 2015 Tenn. Acts, ch. 95,s 1, eff. 7/1/2015.