Tenn. Code Ann. § 50-5-111 — TN Code / Title 50 / Chapter 5 / Section 50-5-111
Duties of employers of minors
Status: in_force

Employers of minors subject to regulation under this part shall: (1) Make, keep and preserve a separate and independent file record for each minor employed, which shall be kept at the location of the minor's employment and shall include: (A) An employment application; (B) A copy of the minor's birth certificate or other evidence of the minor's age as provided in § 50-5-109 ; (C) An accurate time record showing the hours of the minor's beginning and ending of work each day if the minor is one subject to § 50-5-104 or § 50-5-105 ; and (D) Any records required under § 50-5-107(8)-(14) ; (2) Allow the department to inspect, during regular working hours, any and all premises where minors are or could be employed and the contents of the individual file records specified in subdivision (1); (3) Post and maintain in a conspicuous place on the business premises a printed notice, furnished by the department, stating the regulations governing the employment and hours of work of minors and employment prohibited to minors under this part; and (4) Furnish to the department records relative to the employment of minors. Acts 1976, ch. 480, § 15; 1978, ch. 541, § 8; T.C.A., § 50-715; Acts 1986, ch. 844, § 6; 1990, ch. 787, § 2; 2001, ch. 378, § 3.
Employers of minors subject to regulation under this part shall:
(1) Make, keep and preserve a separate and independent file record for each minor employed, which shall be kept at the location of the minor's employment and shall include: (A) An employment application; (B) A copy of the minor's birth certificate or other evidence of the minor's age as provided in § 50-5-109 ; (C) An accurate time record showing the hours of the minor's beginning and ending of work each day if the minor is one subject to § 50-5-104 or § 50-5-105 ; and (D) Any records required under § 50-5-107(8)-(14) ;
(A) An employment application;
(B) A copy of the minor's birth certificate or other evidence of the minor's age as provided in § 50-5-109 ;
(C) An accurate time record showing the hours of the minor's beginning and ending of work each day if the minor is one subject to § 50-5-104 or § 50-5-105 ; and
(D) Any records required under § 50-5-107(8)-(14) ;
(2) Allow the department to inspect, during regular working hours, any and all premises where minors are or could be employed and the contents of the individual file records specified in subdivision (1);
(3) Post and maintain in a conspicuous place on the business premises a printed notice, furnished by the department, stating the regulations governing the employment and hours of work of minors and employment prohibited to minors under this part; and
(4) Furnish to the department records relative to the employment of minors.
Acts 1976, ch. 480, § 15; 1978, ch. 541, § 8; T.C.A., § 50-715; Acts 1986, ch. 844, § 6; 1990, ch. 787, § 2; 2001, ch. 378, § 3.
Tenn. Code Ann. § 50-5-214 — TN Code / Title 50 / Chapter 5 / Section 50-5-214
Effect of modifications, amendments, or assignments of contracts
Status: in_force

(a) Modifications, amendments, or assignments of contracts previously approved by the court are deemed a new contract and require separate approval under this part. (b) Notwithstanding subsection (a), this section does not require court approval if the employing company assigns its rights in the contract to a successor or affiliate entity. Acts 2003, ch. 168, § 1.
(a) Modifications, amendments, or assignments of contracts previously approved by the court are deemed a new contract and require separate approval under this part.
(b) Notwithstanding subsection (a), this section does not require court approval if the employing company assigns its rights in the contract to a successor or affiliate entity.
Acts 2003, ch. 168, § 1.
Tenn. Code Ann. § 50-1-306 — TN Code / Title 50 / Chapter 1 / Section 50-1-306
Authorization of patient to market or sell medical information
Status: in_force

(a) As used in this section, "medical information" includes lists of employees or family members receiving health insurance. "Medical information" does not include information that does not identify the patient. (b) It is unlawful for any employer, or an agent, contractor or employee of an employer, to market or sell medical information that directly identifies an employee, unless the patient has authorized the release in written, electronic or other form that indicates the patient's consent, including records for medical services provided or paid for by the employer for purposes unrelated to: (1) The provision of health care to the employee or family members receiving health insurance; (2) Payment for health care to the employee or family members receiving health insurance; or (3) Administration of any health plan or program offered by the plan. (c) A violation of this section shall be punished as a Class C misdemeanor. (d) This section shall not apply to information for which the employee or family member has executed a voluntary waiver or release. Acts 2000, ch. 769, § 2.
(a) As used in this section, "medical information" includes lists of employees or family members receiving health insurance. "Medical information" does not include information that does not identify the patient.
(b) It is unlawful for any employer, or an agent, contractor or employee of an employer, to market or sell medical information that directly identifies an employee, unless the patient has authorized the release in written, electronic or other form that indicates the patient's consent, including records for medical services provided or paid for by the employer for purposes unrelated to: (1) The provision of health care to the employee or family members receiving health insurance; (2) Payment for health care to the employee or family members receiving health insurance; or (3) Administration of any health plan or program offered by the plan.
(1) The provision of health care to the employee or family members receiving health insurance;
(2) Payment for health care to the employee or family members receiving health insurance; or
(3) Administration of any health plan or program offered by the plan.
(c) A violation of this section shall be punished as a Class C misdemeanor.
(d) This section shall not apply to information for which the employee or family member has executed a voluntary waiver or release.
Acts 2000, ch. 769, § 2.
Tenn. Code Ann. § 50-6-1015 — TN Code / Title 50 / Chapter 6 / Section 50-6-1015
Immunity
Status: in_force

A member self-insurer, the association, or agents, employees, or the board of directors of the association, or the commissioner or the commissioner's representative, is not liable, and a cause of action does not arise against such individuals or entities, for any action taken by the individuals or entities in the performance of the individuals' or entities' powers and duties under this part. Added by 2024 Tenn. Acts, ch. 666,s 1, eff. 4/9/2024.
A member self-insurer, the association, or agents, employees, or the board of directors of the association, or the commissioner or the commissioner's representative, is not liable, and a cause of action does not arise against such individuals or entities, for any action taken by the individuals or entities in the performance of the individuals' or entities' powers and duties under this part.
Added by 2024 Tenn. Acts, ch. 666,s 1, eff. 4/9/2024.
Tenn. Code Ann. § 50-6-411-d-1 — TN Code / Title 50 / Chapter 6 / Section 50-6-411-d-1
2024 Tennessee Code Title 50 - EMPLOYER AND EMPLOYEE (§§ 50-1-101 — 50-11-106) Chapter 6 - WORKERS' COMPENSATION LAW (§§ 50-6-101 — 50-6-1016) Part 4 - INSURANCE (§§ 50-6-401 — 50-6-421) Section 50-6-411 - [Effective 7/1/2029] Misclassification of employees by construction service providers
Status: in_force

(a) (1) It is a violation of this section if at any time a construction services provider, as defined in § 50-6-901 , misclassifies employees to avoid proper classification for premium calculations by concealing any information pertinent to the computation and application of an experience rating modification factor or by materially understating or concealing: (A) The amount of the construction services provider's payroll; (B) The number of the construction services provider's employees; or (C) Any of the construction services provider's employee's duties. (2) A construction services provider who violates subdivision (a)(1) shall be subject to a penalty issued by the administrator or administrator's designee of up to the greater of one thousand dollars ($1,000) or one and one-half (1 1/2) times the average yearly workers' compensation premium for such construction services provider based on the appropriate assigned risk plan advisory prospective loss cost and multiplier minus the premium dollars paid on the policy that was the object of the understatement or concealment. (b) This section shall have no effect upon a construction services provider's or carrier's duty to provide benefits under this chapter or upon any of the construction services provider's or carrier's rights and defenses under this chapter, including, but not limited to, § 50-6-108 . (c) In addition to the penalties provided for in subdivision (a)(2), the department shall refer cases involving business operations that are in violation of this section to the Tennessee bureau of investigation or the appropriate district attorney general for any action deemed necessary under any applicable criminal law. (d) (1) As used in this subsection (d), "successor in interest" means a successor in ownership of any part of a business or enterprise that is carried on and controlled in substantially the same manner as the penalized construction services provider. (2) A penalty issued under this section must follow any owner of a business, or member of an LLC, that is closed, liquidated, or dissolved, when that owner or member owns or operates any part of a subsequent business that is carried on and controlled in substantially the same manner as the penalized construction services provider. (3) A successor in interest to a construction service provider is liable for any penalty assessed under this section against that construction services provider. (4) A penalized owner, or member of an LLC, of a construction services provider, or a successor in interest to the construction services provider, may appeal a penalty assessment by requesting a contested case hearing pursuant to § 50-6-412(e) . (5) The administrator or the administrator's designee may waive a penalty against a penalized owner, or member of an LLC, of a construction services provider, or successor in interest to a construction services provider, for good cause. (e) The funds collected by the administrator or the administrator's designee for penalties assessed pursuant to this section shall be deposited in the employee misclassification education and enforcement fund established by § 50-6-913 to be administered by the administrator. Amended by 2024 Tenn. Acts, ch. 532,s 5, eff. 7/1//2024. Amended by 2021 Tenn. Acts, ch. 189, s 1, eff. 7/1/2021; Section 10 of the Act as amended by 2024 Tenn. Acts, ch. 532 provides: "This act ceases to exist July 1, 2029, at which time the provisions of law changed by this act that were in effect on June 30, 2021, will be revived." Amended by 2020 Tenn. Acts, ch. 682, Secs.s 4, s 5 eff. 6/15/2020. Added by 2013 Tenn. Acts, ch. 424, s 1, eff. 7/1/2013. Acts 2013 , ch. 282, § 1; 2013 , ch. 424, § 1; 2020 , ch. 682, §§ 4, 5.
(a) (1) It is a violation of this section if at any time a construction services provider, as defined in § 50-6-901 , misclassifies employees to avoid proper classification for premium calculations by concealing any information pertinent to the computation and application of an experience rating modification factor or by materially understating or concealing: (A) The amount of the construction services provider's payroll; (B) The number of the construction services provider's employees; or (C) Any of the construction services provider's employee's duties. (2) A construction services provider who violates subdivision (a)(1) shall be subject to a penalty issued by the administrator or administrator's designee of up to the greater of one thousand dollars ($1,000) or one and one-half (1 1/2) times the average yearly workers' compensation premium for such construction services provider based on the appropriate assigned risk plan advisory prospective loss cost and multiplier minus the premium dollars paid on the policy that was the object of the understatement or concealment.
(1) It is a violation of this section if at any time a construction services provider, as defined in § 50-6-901 , misclassifies employees to avoid proper classification for premium calculations by concealing any information pertinent to the computation and application of an experience rating modification factor or by materially understating or concealing: (A) The amount of the construction services provider's payroll; (B) The number of the construction services provider's employees; or (C) Any of the construction services provider's employee's duties.
(A) The amount of the construction services provider's payroll;
(B) The number of the construction services provider's employees; or
(C) Any of the construction services provider's employee's duties.
(2) A construction services provider who violates subdivision (a)(1) shall be subject to a penalty issued by the administrator or administrator's designee of up to the greater of one thousand dollars ($1,000) or one and one-half (1 1/2) times the average yearly workers' compensation premium for such construction services provider based on the appropriate assigned risk plan advisory prospective loss cost and multiplier minus the premium dollars paid on the policy that was the object of the understatement or concealment.
(b) This section shall have no effect upon a construction services provider's or carrier's duty to provide benefits under this chapter or upon any of the construction services provider's or carrier's rights and defenses under this chapter, including, but not limited to, § 50-6-108 .
(c) In addition to the penalties provided for in subdivision (a)(2), the department shall refer cases involving business operations that are in violation of this section to the Tennessee bureau of investigation or the appropriate district attorney general for any action deemed necessary under any applicable criminal law.
(d) (1) As used in this subsection (d), "successor in interest" means a successor in ownership of any part of a business or enterprise that is carried on and controlled in substantially the same manner as the penalized construction services provider. (2) A penalty issued under this section must follow any owner of a business, or member of an LLC, that is closed, liquidated, or dissolved, when that owner or member owns or operates any part of a subsequent business that is carried on and controlled in substantially the same manner as the penalized construction services provider. (3) A successor in interest to a construction service provider is liable for any penalty assessed under this section against that construction services provider. (4) A penalized owner, or member of an LLC, of a construction services provider, or a successor in interest to the construction services provider, may appeal a penalty assessment by requesting a contested case hearing pursuant to § 50-6-412(e) . (5) The administrator or the administrator's designee may waive a penalty against a penalized owner, or member of an LLC, of a construction services provider, or successor in interest to a construction services provider, for good cause.
(1) As used in this subsection (d), "successor in interest" means a successor in ownership of any part of a business or enterprise that is carried on and controlled in substantially the same manner as the penalized construction services provider.
(2) A penalty issued under this section must follow any owner of a business, or member of an LLC, that is closed, liquidated, or dissolved, when that owner or member owns or operates any part of a subsequent business that is carried on and controlled in substantially the same manner as the penalized construction services provider.
(3) A successor in interest to a construction service provider is liable for any penalty assessed under this section against that construction services provider.
(4) A penalized owner, or member of an LLC, of a construction services provider, or a successor in interest to the construction services provider, may appeal a penalty assessment by requesting a contested case hearing pursuant to § 50-6-412(e) .
(5) The administrator or the administrator's designee may waive a penalty against a penalized owner, or member of an LLC, of a construction services provider, or successor in interest to a construction services provider, for good cause.
(e) The funds collected by the administrator or the administrator's designee for penalties assessed pursuant to this section shall be deposited in the employee misclassification education and enforcement fund established by § 50-6-913 to be administered by the administrator.
Amended by 2024 Tenn. Acts, ch. 532,s 5, eff. 7/1//2024.
Amended by 2021 Tenn. Acts, ch. 189, s 1, eff. 7/1/2021; Section 10 of the Act as amended by 2024 Tenn. Acts, ch. 532 provides: "This act ceases to exist July 1, 2029, at which time the provisions of law changed by this act that were in effect on June 30, 2021, will be revived."
Amended by 2020 Tenn. Acts, ch. 682, Secs.s 4, s 5 eff. 6/15/2020.
Added by 2013 Tenn. Acts, ch. 424, s 1, eff. 7/1/2013.
Acts 2013 , ch. 282, § 1; 2013 , ch. 424, § 1; 2020 , ch. 682, §§ 4, 5.
Tenn. Code Ann. § 50-6-609 — TN Code / Title 50 / Chapter 6 / Section 50-6-609
Scope of insurance by fund
Status: in_force

The fund shall insure an employer against any workers' compensation claim arising primarily out of and in the course and scope of employment as fully as any other insurer. Acts 1992, ch. 900, § 26; 2013, ch. 282, § 9.
The fund shall insure an employer against any workers' compensation claim arising primarily out of and in the course and scope of employment as fully as any other insurer.
Acts 1992, ch. 900, § 26; 2013, ch. 282, § 9.
Tenn. Code Ann. § 50-4-103 — TN Code / Title 50 / Chapter 4 / Section 50-4-103
Grounds for issuing administrative inspection warrants - Probable cause
Status: in_force

The issuing officer is authorized to issue administrative inspection warrants authorizing an employee or official of the department of labor and workforce development to inspect named premises and seize certain items. In so doing, the issuing officer must determine from the affidavits filed by the agency requesting the warrant that: (1) The agency and employee or official has the statutory authority to conduct the inspection; (2) Probable cause exists to believe that a violation of law has occurred or is occurring. Probable cause in these cases is not the same standard as used in obtaining criminal search warrants. In addition to a showing of specific evidence of an existing violation, probable cause can be found upon a showing of facts justifying further inquiry, by inspection, to determine whether a violation of law is occurring. This finding can be based upon a showing that: (A) The inspection of the premises in question was to be made pursuant to an administrative plan containing neutral criteria supporting the need for the inspection; (B) Previous inspections have shown violations of law and the present inspection is necessary to determine whether those violations have been abated; (C) The business, occupation, product, equipment, materials, wastes or other characteristics of a particular enterprise or class of enterprises, including the named premises, present a probability of violation of the law in excess of the general business community; (D) Complaints have been received by the agency and presented to the issuing officer from persons who, by status or position, have personal knowledge of violations of law occurring on the named premises; or (E) Any other showing consistent with constitutional standards for probable cause in administrative inspections; (3) The inspection is reasonable and not intended to arbitrarily harass the persons or business involved; (4) The areas and items to be inspected or seized are accurately described and are consistent with the statutory inspection authority; and (5) The purpose of the inspection is not criminal in nature and the agency is not seeking sanctions against the person or business for refusing entry. Acts 1979, ch. 345, § 4; T.C.A., § 50-603; Acts 1999, ch. 520, § 41.
The issuing officer is authorized to issue administrative inspection warrants authorizing an employee or official of the department of labor and workforce development to inspect named premises and seize certain items. In so doing, the issuing officer must determine from the affidavits filed by the agency requesting the warrant that:
(1) The agency and employee or official has the statutory authority to conduct the inspection;
(2) Probable cause exists to believe that a violation of law has occurred or is occurring. Probable cause in these cases is not the same standard as used in obtaining criminal search warrants. In addition to a showing of specific evidence of an existing violation, probable cause can be found upon a showing of facts justifying further inquiry, by inspection, to determine whether a violation of law is occurring. This finding can be based upon a showing that: (A) The inspection of the premises in question was to be made pursuant to an administrative plan containing neutral criteria supporting the need for the inspection; (B) Previous inspections have shown violations of law and the present inspection is necessary to determine whether those violations have been abated; (C) The business, occupation, product, equipment, materials, wastes or other characteristics of a particular enterprise or class of enterprises, including the named premises, present a probability of violation of the law in excess of the general business community; (D) Complaints have been received by the agency and presented to the issuing officer from persons who, by status or position, have personal knowledge of violations of law occurring on the named premises; or (E) Any other showing consistent with constitutional standards for probable cause in administrative inspections;
(A) The inspection of the premises in question was to be made pursuant to an administrative plan containing neutral criteria supporting the need for the inspection;
(B) Previous inspections have shown violations of law and the present inspection is necessary to determine whether those violations have been abated;
(C) The business, occupation, product, equipment, materials, wastes or other characteristics of a particular enterprise or class of enterprises, including the named premises, present a probability of violation of the law in excess of the general business community;
(D) Complaints have been received by the agency and presented to the issuing officer from persons who, by status or position, have personal knowledge of violations of law occurring on the named premises; or
(E) Any other showing consistent with constitutional standards for probable cause in administrative inspections;
(3) The inspection is reasonable and not intended to arbitrarily harass the persons or business involved;
(4) The areas and items to be inspected or seized are accurately described and are consistent with the statutory inspection authority; and
(5) The purpose of the inspection is not criminal in nature and the agency is not seeking sanctions against the person or business for refusing entry.
Acts 1979, ch. 345, § 4; T.C.A., § 50-603; Acts 1999, ch. 520, § 41.
Tenn. Code Ann. § 50-3-501 — TN Code / Title 50 / Chapter 3 / Section 50-3-501
Unauthorized advance notice of inspection
Status: in_force

Any person who, without proper authorization, gives advance notice of any inspection to be conducted under this chapter commits a Class C misdemeanor. Acts 1972, ch. 561, § 12; 1974, ch. 585, §§ 18, 34; T.C.A. § 50-539; Acts 1989, ch. 591, § 113.
Any person who, without proper authorization, gives advance notice of any inspection to be conducted under this chapter commits a Class C misdemeanor.
Acts 1972, ch. 561, § 12; 1974, ch. 585, §§ 18, 34; T.C.A. § 50-539; Acts 1989, ch. 591, § 113.
Tenn. Code Ann. § 50-7-208 — TN Code / Title 50 / Chapter 7 / Section 50-7-208
"Employment office" defined
Status: in_force

"Employment office" means a free public employment office, or branch of a free public employment office, operated by the United States or by any state of the United States or by a state, province or similar political subdivision of a foreign government. Acts 1947, ch. 29, § 2; C. Supp. 1950, § 6901.2 (Williams, § 6901.26); T.C.A. (orig. ed.), § 50-1310.
"Employment office" means a free public employment office, or branch of a free public employment office, operated by the United States or by any state of the United States or by a state, province or similar political subdivision of a foreign government.
Acts 1947, ch. 29, § 2; C. Supp. 1950, § 6901.2 (Williams, § 6901.26); T.C.A. (orig. ed.), § 50-1310.
Tenn. Code Ann. § 50-1-506 — TN Code / Title 50 / Chapter 1 / Section 50-1-506
Injunction against person who commits harassment against state employee
Status: in_force

(a) The state may, through the office of the attorney general, seek an injunction against a person who commits harassment against a state employee. The injunction may be sought in any court of competent jurisdiction having the power to grant injunctions. This section does not authorize any cause of action unrelated to a person's status as a state employee. This section does not authorize a court to issue an injunction prohibiting activities that are protected by the constitutions of this state or the United States, including, but not limited to, political speech. (b) Notwithstanding § 50-1-502 , as used in this section, "state employee" has the same meaning as defined in § 8-42-101 . Acts 2020, ch. 694, § 1.
(a) The state may, through the office of the attorney general, seek an injunction against a person who commits harassment against a state employee. The injunction may be sought in any court of competent jurisdiction having the power to grant injunctions. This section does not authorize any cause of action unrelated to a person's status as a state employee. This section does not authorize a court to issue an injunction prohibiting activities that are protected by the constitutions of this state or the United States, including, but not limited to, political speech.
(b) Notwithstanding § 50-1-502 , as used in this section, "state employee" has the same meaning as defined in § 8-42-101 .
Acts 2020, ch. 694, § 1.
Tenn. Code Ann. § 50-1-1004 — TN Code / Title 50 / Chapter 1 / Section 50-1-1004
Severability
Status: in_force

If any provision of this part or the application of any provision of this part to any person or circumstance is held invalid, the invalidity shall not affect other provisions or applications of the part that can be given effect without the invalid provision or application, and to that end, the provisions of this part are declared to be severable. Added by 2014 Tenn. Acts, ch. 826,s 5, eff. 1/1/2015.
If any provision of this part or the application of any provision of this part to any person or circumstance is held invalid, the invalidity shall not affect other provisions or applications of the part that can be given effect without the invalid provision or application, and to that end, the provisions of this part are declared to be severable.
Added by 2014 Tenn. Acts, ch. 826,s 5, eff. 1/1/2015.
Tenn. Code Ann. § 50-3-904 — TN Code / Title 50 / Chapter 3 / Section 50-3-904
Educational programs authorized
Status: in_force

The commissioner of labor and workforce development may engage in educational programs to provide an adequate supply of qualified personnel to carry out the purposes of this chapter, and is authorized to conduct, directly or by grants or contracts, training of personnel engaged in work related to the commissioner's responsibilities under this chapter. In carrying out the commissioner's responsibilities under this chapter, the commissioner is authorized to: (1) Use, with the consent of any state agency or agency of county or municipal government, the services, facilities and personnel of the agency, with or without reimbursement in accordance with existing regulations and procedures; (2) Employ experts and consultants or organizations of experts and consultants; and compensate the individuals employed at rates determined by the commissioner and approved by the department of finance and administration, including travel time, and allow them travel expenses while employed; (3) Engage in programs of research, demonstrations and experiments, directly, or by grant or contract, relating to occupational safety and health; and (4) Provide to employers or employees, to the extent feasible, advice and assistance to enable them to improve occupational safety and health in their work places. Acts 1972, ch. 561, § 17; 1974, ch. 585, § 37; 1977, ch. 111, § 36; T.C.A., § 50-565; Acts 1999, ch. 520, § 41.
The commissioner of labor and workforce development may engage in educational programs to provide an adequate supply of qualified personnel to carry out the purposes of this chapter, and is authorized to conduct, directly or by grants or contracts, training of personnel engaged in work related to the commissioner's responsibilities under this chapter. In carrying out the commissioner's responsibilities under this chapter, the commissioner is authorized to:
(1) Use, with the consent of any state agency or agency of county or municipal government, the services, facilities and personnel of the agency, with or without reimbursement in accordance with existing regulations and procedures;
(2) Employ experts and consultants or organizations of experts and consultants; and compensate the individuals employed at rates determined by the commissioner and approved by the department of finance and administration, including travel time, and allow them travel expenses while employed;
(3) Engage in programs of research, demonstrations and experiments, directly, or by grant or contract, relating to occupational safety and health; and
(4) Provide to employers or employees, to the extent feasible, advice and assistance to enable them to improve occupational safety and health in their work places.
Acts 1972, ch. 561, § 17; 1974, ch. 585, § 37; 1977, ch. 111, § 36; T.C.A., § 50-565; Acts 1999, ch. 520, § 41.
Tenn. Code Ann. § 50-7-218 — TN Code / Title 50 / Chapter 7 / Section 50-7-218
"Base period" defined
Status: in_force

"Base period" means the first four (4) of the last five (5) completed calendar quarters immediately preceding the first day of an individual's benefit year; provided, that if the first quarter of the last five (5) completed calendar quarters was included in the base period applicable to any individual's previous benefit year, the individual's base period shall be the last four (4) completed calendar quarters. For the purposes of establishing a base period in cases involving persons receiving workers' compensation benefits for temporary total disability, the department shall exclude periods of such disability from the base period and determine the base period from the last four (4) completed quarters of work before any such disability. Amended by 2013 Tenn. Acts, ch. 427,s 1, eff. 7/1/2013. Acts 1947, ch. 29, § 2; C. Supp. 1950, § 6901.2 (Williams, § 6901.26); Acts 1955, ch. 115, § 3; T.C.A. (orig. ed.), § 50-1320; Acts 2009, ch. 550, § 4; 2011, ch. 376, § 1.
"Base period" means the first four (4) of the last five (5) completed calendar quarters immediately preceding the first day of an individual's benefit year; provided, that if the first quarter of the last five (5) completed calendar quarters was included in the base period applicable to any individual's previous benefit year, the individual's base period shall be the last four (4) completed calendar quarters. For the purposes of establishing a base period in cases involving persons receiving workers' compensation benefits for temporary total disability, the department shall exclude periods of such disability from the base period and determine the base period from the last four (4) completed quarters of work before any such disability.
Amended by 2013 Tenn. Acts, ch. 427,s 1, eff. 7/1/2013.
Acts 1947, ch. 29, § 2; C. Supp. 1950, § 6901.2 (Williams, § 6901.26); Acts 1955, ch. 115, § 3; T.C.A. (orig. ed.), § 50-1320; Acts 2009, ch. 550, § 4; 2011, ch. 376, § 1.
Tenn. Code Ann. § 50-7-901 — TN Code / Title 50 / Chapter 7 / Section 50-7-901
Part definitions
Status: in_force

As used in this part: (1) "Affected group" means two (2) or more employees designated by an employer to participate in a shared work plan; (2) "Approved plan" means an employer's voluntary written plan for reducing unemployment under which a specified group of employees shares the work remaining after their normal weekly hours of work are reduced, which plan meets the requirements of § 50-7-904 , and which plan has been approved in writing by the administrator; (3) "Fringe benefits" includes advantages, such as health insurance for hospital, medical, dental, and other services; retirement benefits under defined benefit pension plans as defined in the federal Employee Retirement Income Security Act of 1974 (ERISA)( 29 U.S.C. § 1001 et seq.); and paid vacation and holidays, sick leave, or other compensable time that are incidents of employment in addition to the cash remuneration earned; (4) "Normal weekly hours of work" means the normal hours of work for full-time and permanent part-time employees in the affected group when their employing unit is operating on its normal, full-time basis, not to exceed forty (40) hours and not including overtime; (5) "Shared work benefits" means the unemployment compensation benefits payable to employees in an affected group under an approved plan as distinguished from the unemployment benefits otherwise payable under other parts of this chapter; (6) "Shared work employer" means: (A) An employer with a shared work plan in effect; or (B) An individual who, or an employing unit that, succeeds to or acquires an organization, trade, or business with a shared work plan and adopts the plan if the individual or employing unit ratifies, in writing, the previously approved plan; and (7) "Subgroup" means a group of employees that constitutes at least ten percent (10%) of the employees in an affected group. Added by 2022 Tenn. Acts, ch. 1086, s 1, eff. 12/1/2023.
As used in this part:
(1) "Affected group" means two (2) or more employees designated by an employer to participate in a shared work plan;
(2) "Approved plan" means an employer's voluntary written plan for reducing unemployment under which a specified group of employees shares the work remaining after their normal weekly hours of work are reduced, which plan meets the requirements of § 50-7-904 , and which plan has been approved in writing by the administrator;
(3) "Fringe benefits" includes advantages, such as health insurance for hospital, medical, dental, and other services; retirement benefits under defined benefit pension plans as defined in the federal Employee Retirement Income Security Act of 1974 (ERISA)( 29 U.S.C. § 1001 et seq.); and paid vacation and holidays, sick leave, or other compensable time that are incidents of employment in addition to the cash remuneration earned;
(4) "Normal weekly hours of work" means the normal hours of work for full-time and permanent part-time employees in the affected group when their employing unit is operating on its normal, full-time basis, not to exceed forty (40) hours and not including overtime;
(5) "Shared work benefits" means the unemployment compensation benefits payable to employees in an affected group under an approved plan as distinguished from the unemployment benefits otherwise payable under other parts of this chapter;
(6) "Shared work employer" means: (A) An employer with a shared work plan in effect; or (B) An individual who, or an employing unit that, succeeds to or acquires an organization, trade, or business with a shared work plan and adopts the plan if the individual or employing unit ratifies, in writing, the previously approved plan; and
(A) An employer with a shared work plan in effect; or
(B) An individual who, or an employing unit that, succeeds to or acquires an organization, trade, or business with a shared work plan and adopts the plan if the individual or employing unit ratifies, in writing, the previously approved plan; and
(7) "Subgroup" means a group of employees that constitutes at least ten percent (10%) of the employees in an affected group.
Added by 2022 Tenn. Acts, ch. 1086, s 1, eff. 12/1/2023.
Tenn. Code Ann. § 50-7-504 — TN Code / Title 50 / Chapter 7 / Section 50-7-504
Nonliability of state for benefits
Status: in_force

(a) Benefits shall be deemed to be due and payable under this chapter only to the extent provided in this chapter and to the extent that moneys are available for the benefits to the credit of the unemployment compensation fund, and neither the state nor the commissioner shall be liable for any amount in excess of those sums. (b) However, for the purpose of continuing the payment of benefits provided by this chapter, the commissioner is authorized to secure an advance of funds from the federal government, pursuant to and subject to the terms of the Social Security Act, Title XII ( 42 U.S.C. § 1321 et seq.), and/or 26 U.S.C. § 3302 , or related acts when and if the commissioner deems the trust fund is insufficient to pay the benefits provided in this chapter for the ensuing six (6) months. Acts 1947, ch. 29, § 18; C. Supp. 1950, § 6901.18 (Williams, § 6901.42); Acts 1977, ch. 330, § 29; T.C.A. (orig. ed.), § 50-1356.
(a) Benefits shall be deemed to be due and payable under this chapter only to the extent provided in this chapter and to the extent that moneys are available for the benefits to the credit of the unemployment compensation fund, and neither the state nor the commissioner shall be liable for any amount in excess of those sums.
(b) However, for the purpose of continuing the payment of benefits provided by this chapter, the commissioner is authorized to secure an advance of funds from the federal government, pursuant to and subject to the terms of the Social Security Act, Title XII ( 42 U.S.C. § 1321 et seq.), and/or 26 U.S.C. § 3302 , or related acts when and if the commissioner deems the trust fund is insufficient to pay the benefits provided in this chapter for the ensuing six (6) months.
Acts 1947, ch. 29, § 18; C. Supp. 1950, § 6901.18 (Williams, § 6901.42); Acts 1977, ch. 330, § 29; T.C.A. (orig. ed.), § 50-1356.
Tenn. Code Ann. § 50-8-101 — TN Code / Title 50 / Chapter 8 / Section 50-8-101
Chapter definitions
Status: in_force

As used in this chapter: (1) "Marketplace contractor" means any individual, corporation, partnership, sole proprietorship, or other business entity that: (A) Enters into an agreement with a marketplace platform to use the platform's online-enabled application, software, website, or system to receive connections to third-party individuals or entities seeking services in this state; and (B) In return for compensation from the third-party or marketplace platform, offers or provides services to the third-party individuals or entities upon being given an assignment or connection through the marketplace platform's online-enabled application, software, website, or system; and (2) "Marketplace platform" means a corporation, partnership, sole proprietorship, or other business entity operating in this state that: (A) Offers an online-enabled application, software, website, or system that enables the provision of services by marketplace contractors to third-party individuals or entities seeking services; and (B) Neither directly nor through any related party derives any benefit from work performed by marketplace contractors other than a subscription or use fee for placing marketplace contractors in assignments or otherwise providing connections. Acts 2018, ch. 648, § 1.
As used in this chapter:
(1) "Marketplace contractor" means any individual, corporation, partnership, sole proprietorship, or other business entity that: (A) Enters into an agreement with a marketplace platform to use the platform's online-enabled application, software, website, or system to receive connections to third-party individuals or entities seeking services in this state; and (B) In return for compensation from the third-party or marketplace platform, offers or provides services to the third-party individuals or entities upon being given an assignment or connection through the marketplace platform's online-enabled application, software, website, or system; and
(A) Enters into an agreement with a marketplace platform to use the platform's online-enabled application, software, website, or system to receive connections to third-party individuals or entities seeking services in this state; and
(B) In return for compensation from the third-party or marketplace platform, offers or provides services to the third-party individuals or entities upon being given an assignment or connection through the marketplace platform's online-enabled application, software, website, or system; and
(2) "Marketplace platform" means a corporation, partnership, sole proprietorship, or other business entity operating in this state that: (A) Offers an online-enabled application, software, website, or system that enables the provision of services by marketplace contractors to third-party individuals or entities seeking services; and (B) Neither directly nor through any related party derives any benefit from work performed by marketplace contractors other than a subscription or use fee for placing marketplace contractors in assignments or otherwise providing connections.
(A) Offers an online-enabled application, software, website, or system that enables the provision of services by marketplace contractors to third-party individuals or entities seeking services; and
(B) Neither directly nor through any related party derives any benefit from work performed by marketplace contractors other than a subscription or use fee for placing marketplace contractors in assignments or otherwise providing connections.
Acts 2018, ch. 648, § 1.
Tenn. Code Ann. § 50-1-311 — TN Code / Title 50 / Chapter 1 / Section 50-1-311
Employer prohibited from using results of voice stress analysis to prove misconduct by employee
Status: in_force

(a) As used in this section, "voice stress analysis" means the use of a device that has the ability to electronically analyze the responses of an individual to a specific set of questions and to record the analysis, both digitally and on a graph. (b) At any hearing or other employment procedure in which an employee is entitled to due process, no employer shall introduce the results of a voice stress analysis performed on an employee to prove misconduct by the employee. Added by 2014 Tenn. Acts, ch. 928,s 1, eff. 7/1/2014.
(a) As used in this section, "voice stress analysis" means the use of a device that has the ability to electronically analyze the responses of an individual to a specific set of questions and to record the analysis, both digitally and on a graph.
(b) At any hearing or other employment procedure in which an employee is entitled to due process, no employer shall introduce the results of a voice stress analysis performed on an employee to prove misconduct by the employee.
Added by 2014 Tenn. Acts, ch. 928,s 1, eff. 7/1/2014.
Tenn. Code Ann. § 50-11-101 — TN Code / Title 50 / Chapter 11 / Section 50-11-101
Short title
Status: in_force

This chapter is known and may be cited as the "Tennessee Registered Apprenticeship Program Act." Added by 2021 Tenn. Acts, ch. 397, s 1, eff. 5/11/2021.
This chapter is known and may be cited as the "Tennessee Registered Apprenticeship Program Act."
Added by 2021 Tenn. Acts, ch. 397, s 1, eff. 5/11/2021.
Tenn. Code Ann. § 50-3-504 — TN Code / Title 50 / Chapter 3 / Section 50-3-504
Disclosure of trade secrets or privileged information
Status: in_force

A representative of the commissioner of labor and workforce development who publishes, divulges, discloses, or makes known in any manner or to any extent not authorized by law any information coming to the representative in the course of the representative's employment or official duties or by reason of any examination or investigation made by, or return, report, or record made to or filed with the representative, which information contains or might reveal a trade secret or is otherwise privileged, commits a Class A misdemeanor. Acts 1974, ch. 585, § 36; 1977, ch. 111, § 24; T.C.A., § 50-543; Acts 1989, ch. 591, § 1; 1999, ch. 520, § 41.
A representative of the commissioner of labor and workforce development who publishes, divulges, discloses, or makes known in any manner or to any extent not authorized by law any information coming to the representative in the course of the representative's employment or official duties or by reason of any examination or investigation made by, or return, report, or record made to or filed with the representative, which information contains or might reveal a trade secret or is otherwise privileged, commits a Class A misdemeanor.
Acts 1974, ch. 585, § 36; 1977, ch. 111, § 24; T.C.A., § 50-543; Acts 1989, ch. 591, § 1; 1999, ch. 520, § 41.
Tenn. Code Ann. § 50-6-101 — TN Code / Title 50 / Chapter 6 / Section 50-6-101
Short title - Controlling law
Status: in_force

This chapter shall be cited to as the "Workers' Compensation Law" and shall be controlling for any claim for workers' compensation benefits for an injury, as defined in this chapter, when the date of injury is on or after July 1, 2014. All claims having a date of injury prior to July 1, 2014, shall be governed by prior law. Acts 1919, ch. 123, § 1; Shan. Supp., § 3608a137; Code 1932, § 6851; impl. am. Acts 1980, ch. 534, § 1; T.C.A. (orig. ed.), § 50-901; Acts 2013, ch. 289, § 3.
This chapter shall be cited to as the "Workers' Compensation Law" and shall be controlling for any claim for workers' compensation benefits for an injury, as defined in this chapter, when the date of injury is on or after July 1, 2014. All claims having a date of injury prior to July 1, 2014, shall be governed by prior law.
Acts 1919, ch. 123, § 1; Shan. Supp., § 3608a137; Code 1932, § 6851; impl. am. Acts 1980, ch. 534, § 1; T.C.A. (orig. ed.), § 50-901; Acts 2013, ch. 289, § 3.
Tenn. Code Ann. § 50-3-408 — TN Code / Title 50 / Chapter 3 / Section 50-3-408
Payment of penalties - Action to recover
Status: in_force

All penalties owed under this chapter shall be paid to the commissioner for deposit into the state treasury in the general fund and shall be earmarked for expenditure solely for use in the division of occupational safety and health equally between enforcement activities and the safety consulting service conducted under this chapter, and may be recovered in a civil action in the name of the state, in the county where the violation is alleged to have occurred or where the employer has its principal office. Acts 1972, ch. 561, § 11; 1974, ch. 585, § 34; 1977, ch. 111, § 23; T.C.A., § 50-538; Acts 1996, ch. 944, § 44; 1999, ch. 520, § 41.
All penalties owed under this chapter shall be paid to the commissioner for deposit into the state treasury in the general fund and shall be earmarked for expenditure solely for use in the division of occupational safety and health equally between enforcement activities and the safety consulting service conducted under this chapter, and may be recovered in a civil action in the name of the state, in the county where the violation is alleged to have occurred or where the employer has its principal office.
Acts 1972, ch. 561, § 11; 1974, ch. 585, § 34; 1977, ch. 111, § 23; T.C.A., § 50-538; Acts 1996, ch. 944, § 44; 1999, ch. 520, § 41.
Tenn. Code Ann. § 50-7-407 — TN Code / Title 50 / Chapter 7 / Section 50-7-407
Continuous part-time employment - "Reimbursing employer" defined
Status: in_force

(a) Notwithstanding any other provision of this chapter to the contrary, if a claimant employed by a reimbursing employer on a continuous part-time basis continues to be employed by the reimbursing employer while separated from other employment and is eligible for benefits, any benefits paid will not be considered attributable to the service with the reimbursing employer. (b) For the purposes of this section, "reimbursing employer" means an eligible employer who elects to reimburse the state for benefits paid in lieu of premiums, as provided by the Federal Unemployment Tax Act ( 26 U.S.C. § 3301 et seq.), or this chapter. Added by 2013 Tenn. Acts, ch. 166, s 1, eff. 4/16/2013.
(a) Notwithstanding any other provision of this chapter to the contrary, if a claimant employed by a reimbursing employer on a continuous part-time basis continues to be employed by the reimbursing employer while separated from other employment and is eligible for benefits, any benefits paid will not be considered attributable to the service with the reimbursing employer.
(b) For the purposes of this section, "reimbursing employer" means an eligible employer who elects to reimburse the state for benefits paid in lieu of premiums, as provided by the Federal Unemployment Tax Act ( 26 U.S.C. § 3301 et seq.), or this chapter.
Added by 2013 Tenn. Acts, ch. 166, s 1, eff. 4/16/2013.
Tenn. Code Ann. § 50-6-623 — TN Code / Title 50 / Chapter 6 / Section 50-6-623
Submission and review of organizational and operating plans
Status: in_force

Before the fund established by this part shall enter into any contract, except for consulting services, or issue any bonds, or incur any liability, the board of directors shall submit organizational and operating plans for the fund to a review committee for approval. The review committee shall consist of the administrator of the workers' compensation bureau, the commissioners of commerce and insurance, and finance and administration, the state treasurer, and the comptroller of the treasury. The review committee shall approve the operational and organizational plans if it determines the plans to be in accord with this part and to be fiscally sound and responsible. If the committee approves the plan, then the fund may become fully operational. If the committee does not approve the plan, then the committee shall make appropriate recommendations to the board of directors, governor, and the speakers of the senate and house of representatives concerning any deficiencies. Acts 1992, ch. 900, § 26; 1994, ch. 979, § 7; 1999, ch. 520, § 41; 2013, ch. 282, § 1; 2015, ch. 341, § 15.
Before the fund established by this part shall enter into any contract, except for consulting services, or issue any bonds, or incur any liability, the board of directors shall submit organizational and operating plans for the fund to a review committee for approval. The review committee shall consist of the administrator of the workers' compensation bureau, the commissioners of commerce and insurance, and finance and administration, the state treasurer, and the comptroller of the treasury. The review committee shall approve the operational and organizational plans if it determines the plans to be in accord with this part and to be fiscally sound and responsible. If the committee approves the plan, then the fund may become fully operational. If the committee does not approve the plan, then the committee shall make appropriate recommendations to the board of directors, governor, and the speakers of the senate and house of representatives concerning any deficiencies.
Acts 1992, ch. 900, § 26; 1994, ch. 979, § 7; 1999, ch. 520, § 41; 2013, ch. 282, § 1; 2015, ch. 341, § 15.
Tenn. Code Ann. § 50-1-1001 — TN Code / Title 50 / Chapter 1 / Section 50-1-1001
Short title
Status: in_force

This part shall be known and may be cited as the "Employee Online Privacy Act of 2014." Added by 2014 Tenn. Acts, ch. 826,s 2, eff. 1/1/2015.
This part shall be known and may be cited as the "Employee Online Privacy Act of 2014."
Added by 2014 Tenn. Acts, ch. 826,s 2, eff. 1/1/2015.
Tenn. Code Ann. § 50-1-711 — TN Code / Title 50 / Chapter 1 / Section 50-1-711
Compliance with federal immigration law
Status: in_force

Nothing in this part shall be construed to abrogate any obligations by an employer to comply with federal immigration law, including, but not limited to, the proper completing and maintaining of federal employment eligibility verification forms or documents. Acts 2011, ch. 436, § 5.
Nothing in this part shall be construed to abrogate any obligations by an employer to comply with federal immigration law, including, but not limited to, the proper completing and maintaining of federal employment eligibility verification forms or documents.
Acts 2011, ch. 436, § 5.
Tenn. Code Ann. § 50-6-130 — TN Code / Title 50 / Chapter 6 / Section 50-6-130
Reserved
Status: repealed

Acts 1996, ch. 944, § 2; 1997 , ch. 533, § 1; 1999, ch. 520, § 4; 2001, ch. 192, § 1; 2007 , ch. 378, § 2, repealed by Acts 2011 , ch. 410, § 1 (c), effective 7/1/2011.
Tenn. Code Ann. § 50-6-120 — TN Code / Title 50 / Chapter 6 / Section 50-6-120
Liability of construction design professionals
Status: in_force

(a) No construction design professional, or any employee of the construction design professional, who is retained to perform professional services on a construction project, shall be liable for the personal injury or death of any nonemployee of the construction design professional, working on the construction project, unless the construction design professional or any employee of the construction design professional is guilty of negligence that is a proximate cause of the injury or death of the nonemployee. (b) Nothing in this section shall be construed to affect the rights or responsibilities of any person under this chapter. (c) Rule 11 of the Tennessee Rules of Civil Procedure shall apply in all actions against construction design professionals. Acts 1988, ch. 923, §§ 2-4.
(a) No construction design professional, or any employee of the construction design professional, who is retained to perform professional services on a construction project, shall be liable for the personal injury or death of any nonemployee of the construction design professional, working on the construction project, unless the construction design professional or any employee of the construction design professional is guilty of negligence that is a proximate cause of the injury or death of the nonemployee.
(b) Nothing in this section shall be construed to affect the rights or responsibilities of any person under this chapter.
(c) Rule 11 of the Tennessee Rules of Civil Procedure shall apply in all actions against construction design professionals.
Acts 1988, ch. 923, §§ 2-4.
Tenn. Code Ann. § 50-6-113 — TN Code / Title 50 / Chapter 6 / Section 50-6-113
Liability of principal contractor, intermediate contractor or subcontractor
Status: in_force

(a) A principal contractor, intermediate contractor or subcontractor shall be liable for compensation to any employee injured while in the employ of any of the subcontractors of the principal contractor, intermediate contractor or subcontractor and engaged upon the subject matter of the contract to the same extent as the immediate employer. (b) Any principal contractor, intermediate contractor or subcontractor who pays compensation under subsection (a) may recover the amount paid from any person who, independently of this section, would have been liable to pay compensation to the injured employee, or from any intermediate contractor. (c) Every claim for compensation under this section shall be in the first instance presented to and instituted against the immediate employer, but the proceedings shall not constitute a waiver of the employee's rights to recover compensation under this chapter from the principal contractor or intermediate contractor; provided, that the collection of full compensation from one (1) employer shall bar recovery by the employee against any others, nor shall the employee collect from all a total compensation in excess of the amount for which any of the contractors is liable. (d) This section applies only in cases where the injury occurred on, in, or about the premises on which the principal contractor has undertaken to execute work or that are otherwise under the principal contractor's control or management. (e) A subcontractor under contract to a general contractor may elect to be covered under any policy of workers' compensation insurance insuring the contractor upon written agreement of the contractor, by filing written notice of the election, on a form prescribed by the administrator, with the bureau. It is the responsibility of the general contractor to file the written notice with the bureau. Failure of the general contractor to file the written notice shall not operate to relieve or alter the obligation of an insurance company to provide coverage to a subcontractor when the subcontractor can produce evidence of payment of premiums to the insurance company for the coverage. The election shall in no way terminate or affect the independent contractor status of the subcontractor for any other purpose than to permit workers' compensation coverage. The election of coverage may be terminated by the subcontractor or general contractor by providing written notice of the termination to the bureau and to all other parties consenting to the prior election. The termination shall be effective thirty (30) days from the date of the notice to all other parties consenting to the prior election and to the bureau. (f) This section shall not apply to a construction services provider, as defined by § 50-6-901 . Acts 1919, ch. 123, § 15; Shan. Supp., § 3608a164; Code 1932, § 6866; T.C.A. (orig. ed.), § 50-915; Acts 1988, ch. 525, § 2; 1992, ch. 793, § 1; 1997, ch. 330, §§ 3, 4; 1998, ch. 1024, § 23; 1999, ch. 404, §§ 2, 3; 1999, ch. 520, § 41; 2008, ch. 1041, §§ 1 - 4; 2010 (1st Ex. Sess.), ch. 1, §§ 1, 2; 2010, ch. 1149, §§ 1, 5; 2013, ch. 282, § 1; 2015, ch. 341, § 15.
(a) A principal contractor, intermediate contractor or subcontractor shall be liable for compensation to any employee injured while in the employ of any of the subcontractors of the principal contractor, intermediate contractor or subcontractor and engaged upon the subject matter of the contract to the same extent as the immediate employer.
(b) Any principal contractor, intermediate contractor or subcontractor who pays compensation under subsection (a) may recover the amount paid from any person who, independently of this section, would have been liable to pay compensation to the injured employee, or from any intermediate contractor.
(c) Every claim for compensation under this section shall be in the first instance presented to and instituted against the immediate employer, but the proceedings shall not constitute a waiver of the employee's rights to recover compensation under this chapter from the principal contractor or intermediate contractor; provided, that the collection of full compensation from one (1) employer shall bar recovery by the employee against any others, nor shall the employee collect from all a total compensation in excess of the amount for which any of the contractors is liable.
(d) This section applies only in cases where the injury occurred on, in, or about the premises on which the principal contractor has undertaken to execute work or that are otherwise under the principal contractor's control or management.
(e) A subcontractor under contract to a general contractor may elect to be covered under any policy of workers' compensation insurance insuring the contractor upon written agreement of the contractor, by filing written notice of the election, on a form prescribed by the administrator, with the bureau. It is the responsibility of the general contractor to file the written notice with the bureau. Failure of the general contractor to file the written notice shall not operate to relieve or alter the obligation of an insurance company to provide coverage to a subcontractor when the subcontractor can produce evidence of payment of premiums to the insurance company for the coverage. The election shall in no way terminate or affect the independent contractor status of the subcontractor for any other purpose than to permit workers' compensation coverage. The election of coverage may be terminated by the subcontractor or general contractor by providing written notice of the termination to the bureau and to all other parties consenting to the prior election. The termination shall be effective thirty (30) days from the date of the notice to all other parties consenting to the prior election and to the bureau.
(f) This section shall not apply to a construction services provider, as defined by § 50-6-901 .
Acts 1919, ch. 123, § 15; Shan. Supp., § 3608a164; Code 1932, § 6866; T.C.A. (orig. ed.), § 50-915; Acts 1988, ch. 525, § 2; 1992, ch. 793, § 1; 1997, ch. 330, §§ 3, 4; 1998, ch. 1024, § 23; 1999, ch. 404, §§ 2, 3; 1999, ch. 520, § 41; 2008, ch. 1041, §§ 1 - 4; 2010 (1st Ex. Sess.), ch. 1, §§ 1, 2; 2010, ch. 1149, §§ 1, 5; 2013, ch. 282, § 1; 2015, ch. 341, § 15.
Tenn. Code Ann. § 50-5-215 — TN Code / Title 50 / Chapter 5 / Section 50-5-215
Appointment of guardian ad litem - Court discretion - Criteria - Compensation
Status: in_force

(a) At any time after the filing of the petition, the court in its discretion may appoint a guardian ad litem to represent the interests of the minor or to oversee the minor's earnings related to the contract approved under this part. The court shall appoint a guardian ad litem as to any contract where the parent or guardian will receive remuneration or financial gain from the performance of the contract or if the court deems that the persons have any other conflict of interest with the minor. The court, in determining whether a guardian ad litem should be appointed, may consider the following criteria: (1) The length of time the exclusive services of the minor are required; (2) Whether the gross earnings of the minor under the contract are either contingent or unknown; (3) The amount of gross earnings of the minor under the contract; and (4) The age of the minor. (b) The guardian ad litem shall be entitled to reasonable compensation. The court shall have the power to determine which party shall be responsible for the fee, whether the fee and any required bond shall be paid from the earnings of the minor pursuant to the contract sought to be approved, or may apportion the fee between the parties to the proceedings. Acts 2003, ch. 168, § 1.
(a) At any time after the filing of the petition, the court in its discretion may appoint a guardian ad litem to represent the interests of the minor or to oversee the minor's earnings related to the contract approved under this part. The court shall appoint a guardian ad litem as to any contract where the parent or guardian will receive remuneration or financial gain from the performance of the contract or if the court deems that the persons have any other conflict of interest with the minor. The court, in determining whether a guardian ad litem should be appointed, may consider the following criteria: (1) The length of time the exclusive services of the minor are required; (2) Whether the gross earnings of the minor under the contract are either contingent or unknown; (3) The amount of gross earnings of the minor under the contract; and (4) The age of the minor.
(1) The length of time the exclusive services of the minor are required;
(2) Whether the gross earnings of the minor under the contract are either contingent or unknown;
(3) The amount of gross earnings of the minor under the contract; and
(4) The age of the minor.
(b) The guardian ad litem shall be entitled to reasonable compensation. The court shall have the power to determine which party shall be responsible for the fee, whether the fee and any required bond shall be paid from the earnings of the minor pursuant to the contract sought to be approved, or may apportion the fee between the parties to the proceedings.
Acts 2003, ch. 168, § 1.
Tenn. Code Ann. § 50-1-710 — TN Code / Title 50 / Chapter 1 / Section 50-1-710
Enforcement without prejudice
Status: in_force

This part shall be enforced without regard to race, color, or national origin. Acts 2011, ch. 436, § 5.
This part shall be enforced without regard to race, color, or national origin.
Acts 2011, ch. 436, § 5.
Tenn. Code Ann. § 50-6-135 — TN Code / Title 50 / Chapter 6 / Section 50-6-135
Medical advisory committee
Status: in_force

(a) (1) The administrator shall appoint a medical advisory committee comprised of practitioners in the medical community having experience in the treatment of workers' compensation injuries, representatives of the insurance industry, employer representatives, and employee representatives to assist the administrator in the development of treatment guidelines and advise the administrator on issues relating to medical care in the workers' compensation system. (2) The medical director shall serve as a nonvoting ex-officio member of the committee. (b) In making appointments, the administrator shall strive to achieve a geographic balance and, in the case of the physician members of the committee, shall assure, to the extent possible, that the membership of the committee reflects the diversity of specialties involved in the medical treatment and management of workers' compensation claimants. (c) Members of the committee shall serve without compensation but, when engaged in the conduct of their official duties as members of the committee, shall be entitled to reimbursement for travel expenses in accordance with uniform regulations promulgated by the department of finance and administration and approved by the attorney general and reporter. (d) Each member appointed shall serve a term of four (4) years and may be reappointed by the administrator. If a member 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. Added by 2013 Tenn. Acts, ch. 289,s 24, eff. 7/1/2014.
(a) (1) The administrator shall appoint a medical advisory committee comprised of practitioners in the medical community having experience in the treatment of workers' compensation injuries, representatives of the insurance industry, employer representatives, and employee representatives to assist the administrator in the development of treatment guidelines and advise the administrator on issues relating to medical care in the workers' compensation system. (2) The medical director shall serve as a nonvoting ex-officio member of the committee.
(1) The administrator shall appoint a medical advisory committee comprised of practitioners in the medical community having experience in the treatment of workers' compensation injuries, representatives of the insurance industry, employer representatives, and employee representatives to assist the administrator in the development of treatment guidelines and advise the administrator on issues relating to medical care in the workers' compensation system.
(2) The medical director shall serve as a nonvoting ex-officio member of the committee.
(b) In making appointments, the administrator shall strive to achieve a geographic balance and, in the case of the physician members of the committee, shall assure, to the extent possible, that the membership of the committee reflects the diversity of specialties involved in the medical treatment and management of workers' compensation claimants.
(c) Members of the committee shall serve without compensation but, when engaged in the conduct of their official duties as members of the committee, shall be entitled to reimbursement for travel expenses in accordance with uniform regulations promulgated by the department of finance and administration and approved by the attorney general and reporter.
(d) Each member appointed shall serve a term of four (4) years and may be reappointed by the administrator. If a member 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.
Added by 2013 Tenn. Acts, ch. 289,s 24, eff. 7/1/2014.
Tenn. Code Ann. § 50-1-303 — TN Code / Title 50 / Chapter 1 / Section 50-1-303
Employees required to leave premises upon ceasing work - Penalty
Status: in_force

In all cases where an employee or employees ceases work for any employer, whether the severance is voluntary on the part of the employee or whether the employee is lawfully discharged, the employee or employees shall within a reasonable time thereafter withdraw from the premises of the employer in which they were employed. In the absence of other circumstances, twelve (12) hours from the date of the cessation of employment shall be a reasonable time. Any employee or employees failing and refusing to withdraw from the premises of the employer after the termination of employment commits a Class C misdemeanor. Acts 1937, ch. 160, § 1; C. Supp. 1950, § 11366.1; T.C.A. (orig. ed.), § 50-213; Acts 1989, ch. 591, § 113.
In all cases where an employee or employees ceases work for any employer, whether the severance is voluntary on the part of the employee or whether the employee is lawfully discharged, the employee or employees shall within a reasonable time thereafter withdraw from the premises of the employer in which they were employed. In the absence of other circumstances, twelve (12) hours from the date of the cessation of employment shall be a reasonable time. Any employee or employees failing and refusing to withdraw from the premises of the employer after the termination of employment commits a Class C misdemeanor.
Acts 1937, ch. 160, § 1; C. Supp. 1950, § 11366.1; T.C.A. (orig. ed.), § 50-213; Acts 1989, ch. 591, § 113.
Tenn. Code Ann. § 50-6-610 — TN Code / Title 50 / Chapter 6 / Section 50-6-610
Powers of fund
Status: in_force

For purposes of exercising the specific powers granted in this part and carrying out the other purposes of this part, the fund may: (1) Sue and be sued; (2) Have a seal and alter it at will; (3) Make, amend, and repeal rules relating to the conduct of the business of the fund; (4) Enter into contracts relating to the administration of the fund; (5) Rent, lease, buy, or sell property in its own name and may construct or repair buildings necessary to provide space for its operations; (6) Declare a dividend when there is an excess of assets over liabilities, and minimum surplus requirements; (7) Pay medical expenses, rehabilitation expenses, compensation due claimants of insured employers, pay salaries, and pay administrative and other expenses; (8) Hire personnel and set salaries and compensation; and (9) Perform all other functions and exercise all other powers of a domestic insurance company that are necessary, appropriate, or convenient to administer the fund. Acts 1992, ch. 900, § 26.
For purposes of exercising the specific powers granted in this part and carrying out the other purposes of this part, the fund may:
(1) Sue and be sued;
(2) Have a seal and alter it at will;
(3) Make, amend, and repeal rules relating to the conduct of the business of the fund;
(4) Enter into contracts relating to the administration of the fund;
(5) Rent, lease, buy, or sell property in its own name and may construct or repair buildings necessary to provide space for its operations;
(6) Declare a dividend when there is an excess of assets over liabilities, and minimum surplus requirements;
(7) Pay medical expenses, rehabilitation expenses, compensation due claimants of insured employers, pay salaries, and pay administrative and other expenses;
(8) Hire personnel and set salaries and compensation; and
(9) Perform all other functions and exercise all other powers of a domestic insurance company that are necessary, appropriate, or convenient to administer the fund.
Acts 1992, ch. 900, § 26.
Tenn. Code Ann. § 50-11-103 — TN Code / Title 50 / Chapter 11 / Section 50-11-103
Creation of the office of apprenticeship
Status: in_force

(a) There is established the Tennessee office of apprenticeship within the department of labor and workforce development, which is Tennessee's state apprenticeship agency in accordance with 29 U.S.C. § 50 , and 29 CFR Parts 29 and 30. The office of apprenticeship is established for the following purposes: (1) To serve as the state registration agency; (2) To establish labor standards necessary to safeguard the welfare of apprentices; (3) To establish rules regarding the registration of pre-apprenticeships, apprenticeships, and apprentices; and (4) To resolve disputes between parties to an apprenticeship agreement. (b) The office of apprenticeship is operated by the commissioner or the commissioner's designee. The commissioner or the commissioner's designee may appoint a director for the office of apprenticeship. The director shall serve at the pleasure of the commissioner, manage the office of apprenticeship, and perform duties as are necessary to effectuate the intent of this chapter. (c) No later than December 31, 2021, the commissioner or the commissioner's designee shall submit to the United States secretary of labor and the administrator of the national office of apprenticeship, an application to recognize the Tennessee office of apprenticeship as a state apprenticeship agency pursuant to 29 CFR 29.13(a)-(c) . Added by 2021 Tenn. Acts, ch. 397, s 1, eff. 5/11/2021.
(a) There is established the Tennessee office of apprenticeship within the department of labor and workforce development, which is Tennessee's state apprenticeship agency in accordance with 29 U.S.C. § 50 , and 29 CFR Parts 29 and 30. The office of apprenticeship is established for the following purposes: (1) To serve as the state registration agency; (2) To establish labor standards necessary to safeguard the welfare of apprentices; (3) To establish rules regarding the registration of pre-apprenticeships, apprenticeships, and apprentices; and (4) To resolve disputes between parties to an apprenticeship agreement.
(1) To serve as the state registration agency;
(2) To establish labor standards necessary to safeguard the welfare of apprentices;
(3) To establish rules regarding the registration of pre-apprenticeships, apprenticeships, and apprentices; and
(4) To resolve disputes between parties to an apprenticeship agreement.
(b) The office of apprenticeship is operated by the commissioner or the commissioner's designee. The commissioner or the commissioner's designee may appoint a director for the office of apprenticeship. The director shall serve at the pleasure of the commissioner, manage the office of apprenticeship, and perform duties as are necessary to effectuate the intent of this chapter.
(c) No later than December 31, 2021, the commissioner or the commissioner's designee shall submit to the United States secretary of labor and the administrator of the national office of apprenticeship, an application to recognize the Tennessee office of apprenticeship as a state apprenticeship agency pursuant to 29 CFR 29.13(a)-(c) .
Added by 2021 Tenn. Acts, ch. 397, s 1, eff. 5/11/2021.
Tenn. Code Ann. § 50-1-105 — TN Code / Title 50 / Chapter 1 / Section 50-1-105
Providing employee information to prospective employers - Good faith
Status: in_force

Any employer that, upon request by a prospective employer or a current or former employee, provides truthful, fair and unbiased information about a current or former employee's job performance is presumed to be acting in good faith and is granted a qualified immunity for the disclosure and the consequences of the disclosure. The presumption of good faith is rebuttable upon a showing by a preponderance of the evidence that the information disclosed was: (1) Knowingly false; (2) Deliberately misleading; (3) Disclosed for a malicious purpose; (4) Disclosed in reckless disregard for its falsity or defamatory nature; or (5) Violative of the current or former employee's civil rights pursuant to current employment discrimination laws. Acts 1995, ch. 422, § 1.
Any employer that, upon request by a prospective employer or a current or former employee, provides truthful, fair and unbiased information about a current or former employee's job performance is presumed to be acting in good faith and is granted a qualified immunity for the disclosure and the consequences of the disclosure. The presumption of good faith is rebuttable upon a showing by a preponderance of the evidence that the information disclosed was:
(1) Knowingly false;
(2) Deliberately misleading;
(3) Disclosed for a malicious purpose;
(4) Disclosed in reckless disregard for its falsity or defamatory nature; or
(5) Violative of the current or former employee's civil rights pursuant to current employment discrimination laws.
Acts 1995, ch. 422, § 1.
Tenn. Code Ann. § 50-6-503 — TN Code / Title 50 / Chapter 6 / Section 50-6-503
Civil liability of labor organization
Status: in_force

When an employee incurs an injury compensable under this chapter, the discussion or furnishing, or failure to discuss or furnish, or failure to enforce any safety or health provision, shall not subject a labor organization representing the injured employee to any civil liability for the injury.
Tenn. Code Ann. § 50-7-704 — TN Code / Title 50 / Chapter 7 / Section 50-7-704
Protection against self-incrimination
Status: in_force

No person shall be excused from attending and testifying or from producing books, papers, correspondence, memoranda and other records before the commissioner, an unemployment hearing officer, or any duly authorized representative of any of them, or in obedience to the subpoena of any of them in any cause or proceeding before the commissioner or an unemployment hearing officer, on the ground that the testimony or evidence, documentary or otherwise, required of the person may tend to incriminate the person or subject the person to a penalty or forfeiture; but no individual shall be prosecuted or subjected to any penalty or forfeiture for or on account of any transaction, matter or thing concerning which the individual is compelled after having claimed the individual's privilege against self-incrimination, to testify or produce evidence, documentary or otherwise, except that the individual so testifying shall not be exempt from prosecution and punishment for perjury committed in so testifying. Acts 1947, ch. 29, § 11; C. Supp. 1950, § 6901.11 (Williams, § 6901.35); T.C.A. (orig. ed.), § 50-1342; Acts 2003 , ch. 191, § 9; 2011 , ch. 82, § 4.
No person shall be excused from attending and testifying or from producing books, papers, correspondence, memoranda and other records before the commissioner, an unemployment hearing officer, or any duly authorized representative of any of them, or in obedience to the subpoena of any of them in any cause or proceeding before the commissioner or an unemployment hearing officer, on the ground that the testimony or evidence, documentary or otherwise, required of the person may tend to incriminate the person or subject the person to a penalty or forfeiture; but no individual shall be prosecuted or subjected to any penalty or forfeiture for or on account of any transaction, matter or thing concerning which the individual is compelled after having claimed the individual's privilege against self-incrimination, to testify or produce evidence, documentary or otherwise, except that the individual so testifying shall not be exempt from prosecution and punishment for perjury committed in so testifying.
Acts 1947, ch. 29, § 11; C. Supp. 1950, § 6901.11 (Williams, § 6901.35); T.C.A. (orig. ed.), § 50-1342; Acts 2003 , ch. 191, § 9; 2011 , ch. 82, § 4.
Tenn. Code Ann. § 50-3-202 — TN Code / Title 50 / Chapter 3 / Section 50-3-202
Criteria for standards
Status: in_force

(a) Regulations issued under § 50-3-201 shall provide, insofar as possible, the highest degree of health and safety protection for the employee; other considerations shall be the latest available scientific data in the field, the feasibility of the standard and experience gained under this and other health and safety laws. (b) Whenever practical, the standard promulgated shall be expressed in terms of objective criteria and of the performance desired. (c) In promulgating standards dealing with toxic materials or harmful physical agents, the commissioner shall set a standard that most adequately assures, to the extent possible, on the basis of the best available evidence, that no employee will suffer material impairment of health or functional capacity even if the employee has regular exposure to the hazard dealt with by the standard for the period of the employee's working life. Acts 1972, ch. 561, § 6; 1977, ch. 111, § 6; T.C.A., § 50-517.
(a) Regulations issued under § 50-3-201 shall provide, insofar as possible, the highest degree of health and safety protection for the employee; other considerations shall be the latest available scientific data in the field, the feasibility of the standard and experience gained under this and other health and safety laws.
(b) Whenever practical, the standard promulgated shall be expressed in terms of objective criteria and of the performance desired.
(c) In promulgating standards dealing with toxic materials or harmful physical agents, the commissioner shall set a standard that most adequately assures, to the extent possible, on the basis of the best available evidence, that no employee will suffer material impairment of health or functional capacity even if the employee has regular exposure to the hazard dealt with by the standard for the period of the employee's working life.
Acts 1972, ch. 561, § 6; 1977, ch. 111, § 6; T.C.A., § 50-517.
Tenn. Code Ann. § 50-4-108 — TN Code / Title 50 / Chapter 4 / Section 50-4-108
Suppression of evidence seized during unlawful inspection
Status: in_force

(a) Any person aggrieved by an unlawful inspection of premises named in an administrative inspection warrant may in any judicial or administrative proceeding move to suppress any evidence or information received, or move for the return of any item seized, by the agency pursuant to the inspection. (b) If the court or the administrative agency finds that the inspection was unlawful, the evidence and information shall be suppressed and any item seized returned and not considered in the proceeding. Acts 1979, ch. 345, § 9; T.C.A., § 50-608.
(a) Any person aggrieved by an unlawful inspection of premises named in an administrative inspection warrant may in any judicial or administrative proceeding move to suppress any evidence or information received, or move for the return of any item seized, by the agency pursuant to the inspection.
(b) If the court or the administrative agency finds that the inspection was unlawful, the evidence and information shall be suppressed and any item seized returned and not considered in the proceeding.
Acts 1979, ch. 345, § 9; T.C.A., § 50-608.
Tenn. Code Ann. § 50-2-203 — TN Code / Title 50 / Chapter 2 / Section 50-2-203
Commissioner to administer law
Status: in_force

(a) The commissioner has the power and duty to carry out and administer this part, including the power to issue regulations, not inconsistent with the purpose of this part, that the commissioner considers necessary or appropriate to carry out this part. (b) The commissioner is authorized to endeavor to eliminate pay practices unlawful under this part by informal methods of conference, conciliation and persuasion, and to supervise the payment of wages owing to any employee under this part. Acts 1974, ch. 757, § 3; T.C.A., § 50-322.
(a) The commissioner has the power and duty to carry out and administer this part, including the power to issue regulations, not inconsistent with the purpose of this part, that the commissioner considers necessary or appropriate to carry out this part.
(b) The commissioner is authorized to endeavor to eliminate pay practices unlawful under this part by informal methods of conference, conciliation and persuasion, and to supervise the payment of wages owing to any employee under this part.
Acts 1974, ch. 757, § 3; T.C.A., § 50-322.
Tenn. Code Ann. § 50-3-603 — TN Code / Title 50 / Chapter 3 / Section 50-3-603
Temporary variances - Grounds
Status: in_force

An order granting a temporary variance shall be issued only if the employer establishes that: (1) (A) The employer is unable to comply with the standard by the effective date because of the unavailability of professional or technical personnel or materials and equipment required or necessary construction or alteration of facilities or technology; (B) All available steps have been taken to safeguard the employer's employees against the hazards covered by the standard; and (C) The employer has an effective program for coming into compliance with the standard as quickly as practicable; or (2) The employer is engaged in an experimental program as described in § 50-3-602 . Acts 1972, ch. 561, § 13; 1974, ch. 585, § 36; T.C.A., § 50-548.
An order granting a temporary variance shall be issued only if the employer establishes that:
(1) (A) The employer is unable to comply with the standard by the effective date because of the unavailability of professional or technical personnel or materials and equipment required or necessary construction or alteration of facilities or technology; (B) All available steps have been taken to safeguard the employer's employees against the hazards covered by the standard; and (C) The employer has an effective program for coming into compliance with the standard as quickly as practicable; or
(A) The employer is unable to comply with the standard by the effective date because of the unavailability of professional or technical personnel or materials and equipment required or necessary construction or alteration of facilities or technology;
(B) All available steps have been taken to safeguard the employer's employees against the hazards covered by the standard; and
(C) The employer has an effective program for coming into compliance with the standard as quickly as practicable; or
(2) The employer is engaged in an experimental program as described in § 50-3-602 .
Acts 1972, ch. 561, § 13; 1974, ch. 585, § 36; T.C.A., § 50-548.
Tenn. Code Ann. § 50-6-1001 — TN Code / Title 50 / Chapter 6 / Section 50-6-1001
Short title
Status: in_force

This part is known and may be cited as the "Tennessee Self-Insurers' Guaranty Association Act." Added by 2024 Tenn. Acts, ch. 666,s 1, eff. 4/9/2024.
This part is known and may be cited as the "Tennessee Self-Insurers' Guaranty Association Act."
Added by 2024 Tenn. Acts, ch. 666,s 1, eff. 4/9/2024.
Tenn. Code Ann. § 50-5-114 — TN Code / Title 50 / Chapter 5 / Section 50-5-114
Rules and regulations
Status: in_force

The commissioner may issue, amend and rescind all rules, regulations and procedures necessary to effectuate the purpose of this part. Acts 1978, ch. 541, § 9; T.C.A., § 50-718; Acts 1986, ch. 844, § 10.
The commissioner may issue, amend and rescind all rules, regulations and procedures necessary to effectuate the purpose of this part.
Acts 1978, ch. 541, § 9; T.C.A., § 50-718; Acts 1986, ch. 844, § 10.
Tenn. Code Ann. § 50-6-617 — TN Code / Title 50 / Chapter 6 / Section 50-6-617
Fund not a state agency
Status: in_force

The fund shall not be considered a state agency for any purpose. Acts 1992, ch. 900, § 26.
The fund shall not be considered a state agency for any purpose.
Acts 1992, ch. 900, § 26.
Tenn. Code Ann. § 50-2-110 — TN Code / Title 50 / Chapter 2 / Section 50-2-110
Offset of moneys owed by employee to employer
Status: in_force

(a) Except as provided in subsection (b), an employer may offset an employee's wages due and owing for an amount the employee owes the employer if: (1) An employer enters into an agreement with an employee to advance the employee wages prior to the date the wages are due and owing, agrees to otherwise lend the employee money, or permits the employee to charge personal items on the business or corporate credit card issued to the employee; (2) The employee signs a written agreement prior to any actions occurring pursuant to subdivision (a)(1) allowing the employer to offset the employee's wages for any amount the employee owes the employer, and the employer has in its possession at the time of the offset a copy of such signed agreement; (3) The employer notifies the employee in writing fourteen (14) days prior to the payment of wages due and owing that: (A) There is an amount the employee owes the employer; (B) The employee's wages may be offset if the amount owed is not paid prior to the payment of wages due and owing; and (C) The employee may submit an affidavit as described in subsection (b); and (4) The employee has not paid the amount owed the employer that was described in the notice sent pursuant to subdivision (a)(3). (b) The employer shall not be entitled to offset an employee's wages due and owing if the employee sends a sworn affidavit to the employer, and a copy of such affidavit to the department of labor and workforce development, no later than seven (7) days after receiving notification pursuant to subdivision (a)(3), contesting the amount owed. If an employee contests an amount owed pursuant to this subsection (b), then the employer may commence an appropriate civil action to recover the amount the employer alleges that the employee owes the employer. (c) For purposes of this section: (1) "Amount the employee owes the employer" means any specific dollar amount the employer loaned or advanced the employee, including, but not limited to, any amount the employee charged for personal items to a business or corporate credit card issued to the employee; and (2) "Wages" means any remuneration owed to an employee for services, including, but not limited to, commissions, bonuses, incentive program rewards and tips. Acts 2011, ch. 273, § 1.
(a) Except as provided in subsection (b), an employer may offset an employee's wages due and owing for an amount the employee owes the employer if: (1) An employer enters into an agreement with an employee to advance the employee wages prior to the date the wages are due and owing, agrees to otherwise lend the employee money, or permits the employee to charge personal items on the business or corporate credit card issued to the employee; (2) The employee signs a written agreement prior to any actions occurring pursuant to subdivision (a)(1) allowing the employer to offset the employee's wages for any amount the employee owes the employer, and the employer has in its possession at the time of the offset a copy of such signed agreement; (3) The employer notifies the employee in writing fourteen (14) days prior to the payment of wages due and owing that: (A) There is an amount the employee owes the employer; (B) The employee's wages may be offset if the amount owed is not paid prior to the payment of wages due and owing; and (C) The employee may submit an affidavit as described in subsection (b); and (4) The employee has not paid the amount owed the employer that was described in the notice sent pursuant to subdivision (a)(3).
(1) An employer enters into an agreement with an employee to advance the employee wages prior to the date the wages are due and owing, agrees to otherwise lend the employee money, or permits the employee to charge personal items on the business or corporate credit card issued to the employee;
(2) The employee signs a written agreement prior to any actions occurring pursuant to subdivision (a)(1) allowing the employer to offset the employee's wages for any amount the employee owes the employer, and the employer has in its possession at the time of the offset a copy of such signed agreement;
(3) The employer notifies the employee in writing fourteen (14) days prior to the payment of wages due and owing that: (A) There is an amount the employee owes the employer; (B) The employee's wages may be offset if the amount owed is not paid prior to the payment of wages due and owing; and (C) The employee may submit an affidavit as described in subsection (b); and
(A) There is an amount the employee owes the employer;
(B) The employee's wages may be offset if the amount owed is not paid prior to the payment of wages due and owing; and
(C) The employee may submit an affidavit as described in subsection (b); and
(4) The employee has not paid the amount owed the employer that was described in the notice sent pursuant to subdivision (a)(3).
(b) The employer shall not be entitled to offset an employee's wages due and owing if the employee sends a sworn affidavit to the employer, and a copy of such affidavit to the department of labor and workforce development, no later than seven (7) days after receiving notification pursuant to subdivision (a)(3), contesting the amount owed. If an employee contests an amount owed pursuant to this subsection (b), then the employer may commence an appropriate civil action to recover the amount the employer alleges that the employee owes the employer.
(c) For purposes of this section: (1) "Amount the employee owes the employer" means any specific dollar amount the employer loaned or advanced the employee, including, but not limited to, any amount the employee charged for personal items to a business or corporate credit card issued to the employee; and (2) "Wages" means any remuneration owed to an employee for services, including, but not limited to, commissions, bonuses, incentive program rewards and tips.
(1) "Amount the employee owes the employer" means any specific dollar amount the employer loaned or advanced the employee, including, but not limited to, any amount the employee charged for personal items to a business or corporate credit card issued to the employee; and
(2) "Wages" means any remuneration owed to an employee for services, including, but not limited to, commissions, bonuses, incentive program rewards and tips.
Acts 2011, ch. 273, § 1.
Tenn. Code Ann. § 50-3-903 — TN Code / Title 50 / Chapter 3 / Section 50-3-903
Limitation on delegation of powers
Status: in_force

(a) The commissioner of labor and workforce development shall not designate any person of a rank below division administrator to: (1) Determine to institute an action under § 50-3-401 ; (2) Seek judicial review under § 50-3-806 ; (3) Recommend to a district attorney general the institution of a criminal proceeding under § 50-3-409 or part 5 of this chapter; or (4) Permit the giving of advance notice of an inspection under §§ 50-3-301 - 50-3-306. (b) The commissioner shall not designate any person of a rank below division director to assess penalties under §§ 50-3-402 - 50-3-408. Acts 1972, ch. 561, § 17; 1974, ch. 585, §§ 26, 37; 1977, ch. 111, § 35; T.C.A., § 50-563; Acts 1999, ch. 520, § 41; 2000, ch. 637, § 1.
(a) The commissioner of labor and workforce development shall not designate any person of a rank below division administrator to: (1) Determine to institute an action under § 50-3-401 ; (2) Seek judicial review under § 50-3-806 ; (3) Recommend to a district attorney general the institution of a criminal proceeding under § 50-3-409 or part 5 of this chapter; or (4) Permit the giving of advance notice of an inspection under §§ 50-3-301 - 50-3-306.
(1) Determine to institute an action under § 50-3-401 ;
(2) Seek judicial review under § 50-3-806 ;
(3) Recommend to a district attorney general the institution of a criminal proceeding under § 50-3-409 or part 5 of this chapter; or
(4) Permit the giving of advance notice of an inspection under §§ 50-3-301 - 50-3-306.
(b) The commissioner shall not designate any person of a rank below division director to assess penalties under §§ 50-3-402 - 50-3-408.
Acts 1972, ch. 561, § 17; 1974, ch. 585, §§ 26, 37; 1977, ch. 111, § 35; T.C.A., § 50-563; Acts 1999, ch. 520, § 41; 2000, ch. 637, § 1.
Tenn. Code Ann. § 50-6-1008 — TN Code / Title 50 / Chapter 6 / Section 50-6-1008
Indemnification and recourse
Status: in_force

(a) As used in this section, "insolvent self-insurer" includes the entity to which the certificate of authority was issued, any guarantor of the entity's liabilities under the certificate, and any employer who obtained employees from the insolvent self-insurer. (b) The association may obtain reimbursement from an insolvent self-insurer up to the amount of the employer's workers' compensation obligations paid and assumed by the association, including reasonable administrative and legal costs. This right includes, but is not limited to, a right to claim for wages and other necessities of life advanced to claimants as subrogee of the claimants in any action to collect against the self-insured as debtor. (c) The association may obtain from the security deposit of an insolvent self-insurer the amount of the employer's compensation obligations, including reasonable administrative and legal costs, paid or assumed by the association. (d) The association must be a party in interest in any action to obtain the security deposit for the payment of compensation obligations of an insolvent self-insurer. (e) The association has a cause of action against any person to recover compensation paid and liability assumed by the association, including, but not limited to, any excess insurance carrier of the insolvent self-insurer, and any person whose negligence or breach of any obligation contributed to any underestimation of the insolvent self-insurer's total accrued liability as reported to the commissioner. (f) The association may be a party in interest in any action brought by another person seeking damages resulting from the failure of an insolvent self-insurer to pay workers' compensation required by law. Added by 2024 Tenn. Acts, ch. 666,s 1, eff. 4/9/2024.
(a) As used in this section, "insolvent self-insurer" includes the entity to which the certificate of authority was issued, any guarantor of the entity's liabilities under the certificate, and any employer who obtained employees from the insolvent self-insurer.
(b) The association may obtain reimbursement from an insolvent self-insurer up to the amount of the employer's workers' compensation obligations paid and assumed by the association, including reasonable administrative and legal costs. This right includes, but is not limited to, a right to claim for wages and other necessities of life advanced to claimants as subrogee of the claimants in any action to collect against the self-insured as debtor.
(c) The association may obtain from the security deposit of an insolvent self-insurer the amount of the employer's compensation obligations, including reasonable administrative and legal costs, paid or assumed by the association.
(d) The association must be a party in interest in any action to obtain the security deposit for the payment of compensation obligations of an insolvent self-insurer.
(e) The association has a cause of action against any person to recover compensation paid and liability assumed by the association, including, but not limited to, any excess insurance carrier of the insolvent self-insurer, and any person whose negligence or breach of any obligation contributed to any underestimation of the insolvent self-insurer's total accrued liability as reported to the commissioner.
(f) The association may be a party in interest in any action brought by another person seeking damages resulting from the failure of an insolvent self-insurer to pay workers' compensation required by law.
Added by 2024 Tenn. Acts, ch. 666,s 1, eff. 4/9/2024.
Tenn. Code Ann. § 50-1-901 — TN Code / Title 50 / Chapter 1 / Section 50-1-901
Designating an exclusive bargaining representative
Status: in_force

(a) All employees and employers in this state, when seeking to designate an exclusive bargaining representative through an election permitted by state or federal law, have the right to make such designation by secret ballot, when secret ballot is permitted by such law; under such circumstances, no alternative means of designation shall be used in this state as convincing evidence of employee majority support. (b) Any agreement, understanding, or practice, written or oral, implied or expressed, between any labor organization and an employer that violates the rights of employees as guaranteed by this section shall be null and void. (c) This section shall not apply to employee representation agreements: (1) Entered into prior to July 1, 2011; or (2) Involving both employees within and without this state when the employer conducted business within this state prior to July 1, 2011. Acts 2011, ch. 502, § 1.
(a) All employees and employers in this state, when seeking to designate an exclusive bargaining representative through an election permitted by state or federal law, have the right to make such designation by secret ballot, when secret ballot is permitted by such law; under such circumstances, no alternative means of designation shall be used in this state as convincing evidence of employee majority support.
(b) Any agreement, understanding, or practice, written or oral, implied or expressed, between any labor organization and an employer that violates the rights of employees as guaranteed by this section shall be null and void.
(c) This section shall not apply to employee representation agreements: (1) Entered into prior to July 1, 2011; or (2) Involving both employees within and without this state when the employer conducted business within this state prior to July 1, 2011.
(1) Entered into prior to July 1, 2011; or
(2) Involving both employees within and without this state when the employer conducted business within this state prior to July 1, 2011.
Acts 2011, ch. 502, § 1.
Tenn. Code Ann. § 50-7-913 — TN Code / Title 50 / Chapter 7 / Section 50-7-913
Extended benefits
Status: in_force

An individual who has received all of the combined unemployment benefits and shared work benefits available in a benefit year is considered an exhaustee for purposes of extended benefits, as provided under § 50-7-305 , and, if otherwise eligible under that section, is eligible to receive extended benefits. Added by 2022 Tenn. Acts, ch. 1086, s 1, eff. 12/1/2023.
An individual who has received all of the combined unemployment benefits and shared work benefits available in a benefit year is considered an exhaustee for purposes of extended benefits, as provided under § 50-7-305 , and, if otherwise eligible under that section, is eligible to receive extended benefits.
Added by 2022 Tenn. Acts, ch. 1086, s 1, eff. 12/1/2023.
Tenn. Code Ann. § 50-6-413 — TN Code / Title 50 / Chapter 6 / Section 50-6-413
[Effective until 7/1/2029] Collection of penalties by civil action - Distress warrants
Status: in_force

(a) In addition to other remedies provided in this chapter: (1) If after due notice, an employer defaults in payment of penalties, then the amount due may be collected by civil action in the name of the administrator, and the employer adjudged in default shall pay the costs of the action; and (2) The administrator or the administrator's designee is authorized to issue a distress warrant against the delinquent employer for the amount of the penalties that may be due and unpaid as of the date of the issuance. (b) The distress warrant is returnable within thirty (30) days from its date and has the same effect as other distress warrants authorized by law for the collection of delinquent taxes or revenue owed to the state or an agency of the state. (c) Distress warrants issued under the authority of this chapter for the collection of penalties, arising out of this chapter may, in the discretion of the administrator, be addressed to and delivered to an employee or representative of the bureau for the purpose of execution, and the employee or representative has the same power and authority as a sheriff for the purpose of levying and executing the distress warrant. All costs must be included in the total amount to be collected from the penalized party. Acts 2021 , ch. 189, § 3.
(a) In addition to other remedies provided in this chapter: (1) If after due notice, an employer defaults in payment of penalties, then the amount due may be collected by civil action in the name of the administrator, and the employer adjudged in default shall pay the costs of the action; and (2) The administrator or the administrator's designee is authorized to issue a distress warrant against the delinquent employer for the amount of the penalties that may be due and unpaid as of the date of the issuance.
(1) If after due notice, an employer defaults in payment of penalties, then the amount due may be collected by civil action in the name of the administrator, and the employer adjudged in default shall pay the costs of the action; and
(2) The administrator or the administrator's designee is authorized to issue a distress warrant against the delinquent employer for the amount of the penalties that may be due and unpaid as of the date of the issuance.
(b) The distress warrant is returnable within thirty (30) days from its date and has the same effect as other distress warrants authorized by law for the collection of delinquent taxes or revenue owed to the state or an agency of the state.
(c) Distress warrants issued under the authority of this chapter for the collection of penalties, arising out of this chapter may, in the discretion of the administrator, be addressed to and delivered to an employee or representative of the bureau for the purpose of execution, and the employee or representative has the same power and authority as a sheriff for the purpose of levying and executing the distress warrant. All costs must be included in the total amount to be collected from the penalized party.
Acts 2021 , ch. 189, § 3.
Tenn. Code Ann. § 50-7-805 — TN Code / Title 50 / Chapter 7 / Section 50-7-805
Funding - Organizations ineligible for grants
Status: in_force

(a) The Tennessee works pilot program established under this part shall be funded solely with funds received by the state from the United States department of labor and shall be subject to the availability of such funds and all laws governing the use of the funds. (b) No Tennessee works pilot program grant shall be awarded to: (1) Any state entity; (2) Any county, city, town, or other political subdivision of this state; or (3) Any organization or group of organizations, described in § 501(c)(3) of the Internal Revenue Code ( 26 U.S.C. § 501(c)(3) ), that is exempt from income tax under § 501(a) of the Internal Revenue Code ( 26 U.S.C. § 501(a) ). Acts 2012, ch. 1068, § 1.
(a) The Tennessee works pilot program established under this part shall be funded solely with funds received by the state from the United States department of labor and shall be subject to the availability of such funds and all laws governing the use of the funds.
(b) No Tennessee works pilot program grant shall be awarded to: (1) Any state entity; (2) Any county, city, town, or other political subdivision of this state; or (3) Any organization or group of organizations, described in § 501(c)(3) of the Internal Revenue Code ( 26 U.S.C. § 501(c)(3) ), that is exempt from income tax under § 501(a) of the Internal Revenue Code ( 26 U.S.C. § 501(a) ).
(1) Any state entity;
(2) Any county, city, town, or other political subdivision of this state; or
(3) Any organization or group of organizations, described in § 501(c)(3) of the Internal Revenue Code ( 26 U.S.C. § 501(c)(3) ), that is exempt from income tax under § 501(a) of the Internal Revenue Code ( 26 U.S.C. § 501(a) ).
Acts 2012, ch. 1068, § 1.
Tenn. Code Ann. § 50-3-1008 — TN Code / Title 50 / Chapter 3 / Section 50-3-1008
Operations exempt
Status: in_force

This part shall not be construed as applying to, shall not apply to, and is not intended to apply to, the construction, reconstruction, operation, and maintenance of overhead electrical conductors and their supporting structures and associated equipment by authorized and qualified electrical workers; nor to the authorized and qualified employees of any person, firm or corporation engaged in the construction, reconstruction, operation, and maintenance of overhead electrical circuits or conductors and their supporting structures and associated equipment of rail transportation systems, or electrical generating, transmission, distribution, and communication systems. This exception, when applied to railway systems, shall be construed as permitting operation of standard rail equipment that is normally used in the transportation of freight or passengers or both and the operation of relief trains, or other equipment in emergencies, or in maintenance of way service, at a distance of less than ten feet (10'), or the distance required by an applicable standard of the Tennessee occupational health administration, from any high-voltage overhead conductor of such railway system; but this part shall be construed as prohibiting normal repair or construction operations at a distance of less than ten feet (10'), or the distance required by an applicable standard of the Tennessee occupational health administration, from any high-voltage overhead conductor by other than properly qualified and authorized persons or employees under the direct supervision of an authorized person who is familiar with the hazards involved, unless there has been compliance with the safety provisions of §§ 50-3-1002 - 50-3-1005. Acts 1955, ch. 289, § 8; T.C.A., §§ 53-2808, 68-21-108; Acts 2011 , ch. 157, § 9; 2012 , ch. 681, §§ 1, 3, 4; T.C.A. § 68-103-108 .
This part shall not be construed as applying to, shall not apply to, and is not intended to apply to, the construction, reconstruction, operation, and maintenance of overhead electrical conductors and their supporting structures and associated equipment by authorized and qualified electrical workers; nor to the authorized and qualified employees of any person, firm or corporation engaged in the construction, reconstruction, operation, and maintenance of overhead electrical circuits or conductors and their supporting structures and associated equipment of rail transportation systems, or electrical generating, transmission, distribution, and communication systems. This exception, when applied to railway systems, shall be construed as permitting operation of standard rail equipment that is normally used in the transportation of freight or passengers or both and the operation of relief trains, or other equipment in emergencies, or in maintenance of way service, at a distance of less than ten feet (10'), or the distance required by an applicable standard of the Tennessee occupational health administration, from any high-voltage overhead conductor of such railway system; but this part shall be construed as prohibiting normal repair or construction operations at a distance of less than ten feet (10'), or the distance required by an applicable standard of the Tennessee occupational health administration, from any high-voltage overhead conductor by other than properly qualified and authorized persons or employees under the direct supervision of an authorized person who is familiar with the hazards involved, unless there has been compliance with the safety provisions of §§ 50-3-1002 - 50-3-1005.
Acts 1955, ch. 289, § 8; T.C.A., §§ 53-2808, 68-21-108; Acts 2011 , ch. 157, § 9; 2012 , ch. 681, §§ 1, 3, 4; T.C.A. § 68-103-108 .
Tenn. Code Ann. § 50-3-1004 — TN Code / Title 50 / Chapter 3 / Section 50-3-1004
Reserved
Status: repealed

Acts 1955, ch. 289, § 4; T.C.A., §§ 53-2804, 68-21-104, repealed by Acts 2011 , ch. 157, § 5, effective 5/5/2011; transferred by Acts 2012 , ch. 681, § 4 from § 68-103-104 , effective 7/1/2012.
Tenn. Code Ann. § 50-9-116 — TN Code / Title 50 / Chapter 9 / Section 50-9-116
Consideration of prescriptions issued within six months prior to positive confirmed drug result
Status: in_force

(a) As used in this section: (1) "Issued" means the date that the licensed physician physically wrote or electronically transmitted the prescription to the pharmacy; and (2) "Valid prescription" means a prescription that is written or electronically sent by a licensed practitioner for the individual subject to a drug test pursuant to this chapter and filled in a licensed pharmacy. (b) Notwithstanding this chapter to the contrary, the medical review officer shall only consider prescriptions issued within six (6) months prior to a positive confirmed drug result for purposes of determining a valid prescription and immunity from actions authorized by this chapter following a positive confirmed drug result. Added by 2019 Tenn. Acts, ch. 373,s 1, eff. 5/10/2019.
(a) As used in this section: (1) "Issued" means the date that the licensed physician physically wrote or electronically transmitted the prescription to the pharmacy; and (2) "Valid prescription" means a prescription that is written or electronically sent by a licensed practitioner for the individual subject to a drug test pursuant to this chapter and filled in a licensed pharmacy.
(1) "Issued" means the date that the licensed physician physically wrote or electronically transmitted the prescription to the pharmacy; and
(2) "Valid prescription" means a prescription that is written or electronically sent by a licensed practitioner for the individual subject to a drug test pursuant to this chapter and filled in a licensed pharmacy.
(b) Notwithstanding this chapter to the contrary, the medical review officer shall only consider prescriptions issued within six (6) months prior to a positive confirmed drug result for purposes of determining a valid prescription and immunity from actions authorized by this chapter following a positive confirmed drug result.
Added by 2019 Tenn. Acts, ch. 373,s 1, eff. 5/10/2019.
Tenn. Code Ann. § 50-3-301 — TN Code / Title 50 / Chapter 3 / Section 50-3-301
Inspections authorized
Status: in_force

In order to carry out the purposes of this chapter, the commissioner of labor and workforce development, upon presenting appropriate credentials to the owner, operator or agent in charge, is authorized to: (1) Enter without delay and at any reasonable time any factory, plant, establishment, construction site, or other area, workplace or environment where work is performed by an employee of an employer; and (2) Inspect and investigate during regular working hours and at other reasonable times, and within reasonable limits and in a reasonable manner, the places of employment and all pertinent conditions, processes, structures, machines, apparatus, devices, equipment and materials in the places of employment, and question privately any employer, owner, operator, agent or employee. Acts 1972, ch. 561, § 8; 1977, ch. 111, § 9; T.C.A., § 50-520; Acts 1999, ch. 520, § 41.
In order to carry out the purposes of this chapter, the commissioner of labor and workforce development, upon presenting appropriate credentials to the owner, operator or agent in charge, is authorized to:
(1) Enter without delay and at any reasonable time any factory, plant, establishment, construction site, or other area, workplace or environment where work is performed by an employee of an employer; and
(2) Inspect and investigate during regular working hours and at other reasonable times, and within reasonable limits and in a reasonable manner, the places of employment and all pertinent conditions, processes, structures, machines, apparatus, devices, equipment and materials in the places of employment, and question privately any employer, owner, operator, agent or employee.
Acts 1972, ch. 561, § 8; 1977, ch. 111, § 9; T.C.A., § 50-520; Acts 1999, ch. 520, § 41.
Tenn. Code Ann. § 50-2-104 — TN Code / Title 50 / Chapter 2 / Section 50-2-104
Misrepresenting wages in new employment
Status: in_force

Any employer who misrepresents to any employee the amount of wages that the employee is to receive on entering into a new contract of employment commits a Class C misdemeanor. Further, any employer who misrepresents to any employee the amount of wages that the employee is to receive on entering into a new contract of employment shall be subject to a civil penalty of not less than five hundred dollars ($500) nor more than one thousand dollars ($1,000) at the discretion of the commissioner or the commissioner's designated representative. If the commissioner or the commissioner's designated representative determines that the violation was unintentional, there shall be a warning, in lieu of a penalty, on the first offense. On second or subsequent violations, the civil penalty is applicable and may be assessed at the discretion of the commissioner, or the commissioner's designated representative. It shall be at the sole discretion of the commissioner to elect to proceed either civilly or criminally upon any violation of this part; however, the employer shall not be charged both civilly and criminally for the same violation. Acts 1917, ch. 48, § 1; Shan., § 4338a1; mod. Code 1932, § 8561; T.C.A. (orig. ed.), § 50-314; Acts 1989, ch. 591, § 113; 1993, ch. 219, § 2; 2001, ch. 128, § 2; 2003, ch. 142, § 2.
Any employer who misrepresents to any employee the amount of wages that the employee is to receive on entering into a new contract of employment commits a Class C misdemeanor. Further, any employer who misrepresents to any employee the amount of wages that the employee is to receive on entering into a new contract of employment shall be subject to a civil penalty of not less than five hundred dollars ($500) nor more than one thousand dollars ($1,000) at the discretion of the commissioner or the commissioner's designated representative. If the commissioner or the commissioner's designated representative determines that the violation was unintentional, there shall be a warning, in lieu of a penalty, on the first offense. On second or subsequent violations, the civil penalty is applicable and may be assessed at the discretion of the commissioner, or the commissioner's designated representative. It shall be at the sole discretion of the commissioner to elect to proceed either civilly or criminally upon any violation of this part; however, the employer shall not be charged both civilly and criminally for the same violation.
Acts 1917, ch. 48, § 1; Shan., § 4338a1; mod. Code 1932, § 8561; T.C.A. (orig. ed.), § 50-314; Acts 1989, ch. 591, § 113; 1993, ch. 219, § 2; 2001, ch. 128, § 2; 2003, ch. 142, § 2.
Tenn. Code Ann. § 50-6-213 — TN Code / Title 50 / Chapter 6 / Section 50-6-213
Epileptics - Election not to be covered by certain provisions - Revocation
Status: in_force

(a) Epileptics may elect not to be subject to this part for injuries resulting because of epilepsy and still remain subject to its provisions for all other injuries. (b) This election shall be made by giving notice to the employer in writing on a form to be furnished by the bureau of workers' compensation and filing a copy of the notice with the bureau. (c) An election may be revoked by giving written notice to the employer of revocation, and the revocation shall be effective upon filing copy of the notice with the bureau. Acts 1977, ch. 223, § 1; impl. am. Acts 1980, ch. 534, § 1; T.C.A., § 50-1029.
(a) Epileptics may elect not to be subject to this part for injuries resulting because of epilepsy and still remain subject to its provisions for all other injuries.
(b) This election shall be made by giving notice to the employer in writing on a form to be furnished by the bureau of workers' compensation and filing a copy of the notice with the bureau.
(c) An election may be revoked by giving written notice to the employer of revocation, and the revocation shall be effective upon filing copy of the notice with the bureau.
Acts 1977, ch. 223, § 1; impl. am. Acts 1980, ch. 534, § 1; T.C.A., § 50-1029.
Tenn. Code Ann. § 50-6-410 — TN Code / Title 50 / Chapter 6 / Section 50-6-410
Violations of Section 50-6-405
Status: in_force

The grand jury of every county in the state is given inquisitorial power over all violations of § 50-6-405 relating to employers insuring their compensation liability under this chapter, and is required to inquire into all such violations and to present them to the court by indictment or presentment. Acts 1933, ch. 71, §§ 1, 2; mod. C. Supp. 1950, §§ 11583.1, 11583.2; impl. am. Acts 1980, ch. 534, § 1; T.C.A. (orig. ed.), §§ 50-1210, 50-1211; Acts 1989, ch. 591, § 113; 2000, ch. 852, §§ 12, 13.
The grand jury of every county in the state is given inquisitorial power over all violations of § 50-6-405 relating to employers insuring their compensation liability under this chapter, and is required to inquire into all such violations and to present them to the court by indictment or presentment.
Acts 1933, ch. 71, §§ 1, 2; mod. C. Supp. 1950, §§ 11583.1, 11583.2; impl. am. Acts 1980, ch. 534, § 1; T.C.A. (orig. ed.), §§ 50-1210, 50-1211; Acts 1989, ch. 591, § 113; 2000, ch. 852, §§ 12, 13.
Tenn. Code Ann. § 50-7-807 — TN Code / Title 50 / Chapter 7 / Section 50-7-807
Report concerning findings and recommendations
Status: in_force

On or before January 1, 2014, the department shall report to the commerce and labor committee of the senate and the business and utilities committee of the house of representatives concerning the department's findings and recommendations concerning the Tennessee works pilot program. Amended by 2013 Tenn. Acts, ch. 236,s 12, eff. 4/19/2013. Acts 2012, ch. 1068, § 1.
On or before January 1, 2014, the department shall report to the commerce and labor committee of the senate and the business and utilities committee of the house of representatives concerning the department's findings and recommendations concerning the Tennessee works pilot program.
Amended by 2013 Tenn. Acts, ch. 236,s 12, eff. 4/19/2013.
Acts 2012, ch. 1068, § 1.
Tenn. Code Ann. § 50-6-132 — TN Code / Title 50 / Chapter 6 / Section 50-6-132
Report of employers who fail to provide coverage
Status: in_force

No later than December 31 of each year, the bureau of workers' compensation shall produce a report that includes a listing of the name of each covered employer that failed, during the preceding state fiscal year, to provide workers' compensation coverage or qualify as a self-insured employer as required by law. Only those employers whose failure resulted in periods of noncoverage shall be included within the report. The report shall also include the penalty assessed by the bureau and the payment status of the penalty. The report shall be provided to the advisory council on workers' compensation and the chairs of the commerce and labor committee of the senate and the commerce committee of the house of representatives. Amended by 2021 Tenn. Acts, ch. 64, s 112, eff. 3/29/2021. Amended by 2013 Tenn. Acts, ch. 289, s 26, eff. 7/1/2014. Amended by 2013 Tenn. Acts, ch. 236, s 30, eff. 4/19/2013. Acts 1999, ch. 217, § 1; 2011 , ch. 410, § 10 (b).
No later than December 31 of each year, the bureau of workers' compensation shall produce a report that includes a listing of the name of each covered employer that failed, during the preceding state fiscal year, to provide workers' compensation coverage or qualify as a self-insured employer as required by law. Only those employers whose failure resulted in periods of noncoverage shall be included within the report. The report shall also include the penalty assessed by the bureau and the payment status of the penalty. The report shall be provided to the advisory council on workers' compensation and the chairs of the commerce and labor committee of the senate and the commerce committee of the house of representatives.
Amended by 2021 Tenn. Acts, ch. 64, s 112, eff. 3/29/2021.
Amended by 2013 Tenn. Acts, ch. 289, s 26, eff. 7/1/2014.
Amended by 2013 Tenn. Acts, ch. 236, s 30, eff. 4/19/2013.
Acts 1999, ch. 217, § 1; 2011 , ch. 410, § 10 (b).
Tenn. Code Ann. § 50-6-304 — TN Code / Title 50 / Chapter 6 / Section 50-6-304
Last employer liable
Status: in_force

When an employee has an occupational disease, the employer in whose employment the employee was last injuriously exposed to the hazards of the disease, and the employer's insurance carrier, if any, at the time of the exposure, shall alone be liable, for the occupational disease, without right to contribution from any prior employer or insurance carrier. Acts 1947, ch. 139, § 1; C. Supp. 1950, § 6852; Acts 1977, ch. 339, § 4; T.C.A. (orig. ed.), § 50-1106.
When an employee has an occupational disease, the employer in whose employment the employee was last injuriously exposed to the hazards of the disease, and the employer's insurance carrier, if any, at the time of the exposure, shall alone be liable, for the occupational disease, without right to contribution from any prior employer or insurance carrier.
Acts 1947, ch. 139, § 1; C. Supp. 1950, § 6852; Acts 1977, ch. 339, § 4; T.C.A. (orig. ed.), § 50-1106.
Tenn. Code Ann. § 50-5-207 — TN Code / Title 50 / Chapter 5 / Section 50-5-207
Disaffirmance of approved contract on ground of minority
Status: in_force

If a contract is approved by the appropriate court pursuant to this part, then the minor may not, either during minority or after reaching majority, disaffirm the contract on the ground of minority, nor may the minor assert that the minor's parent or guardian lacked the authority to make the contract personally as an adult. Acts 2003, ch. 168, § 1.
If a contract is approved by the appropriate court pursuant to this part, then the minor may not, either during minority or after reaching majority, disaffirm the contract on the ground of minority, nor may the minor assert that the minor's parent or guardian lacked the authority to make the contract personally as an adult.
Acts 2003, ch. 168, § 1.
Tenn. Code Ann. § 50-6-915 — TN Code / Title 50 / Chapter 6 / Section 50-6-915
Records not open - Exception for registry
Status: in_force

Notwithstanding any law to the contrary, records maintained by the bureau of workers' compensation relative to the construction services provider registration and to the workers' compensation exemption registration, other than records displayed on the registry established pursuant to this part, shall not constitute a public record as defined in § 10-7-503 and shall not be open for public inspection. Amended by 2021 Tenn. Acts, ch. 88, s 3, eff. 1/1/2022. Acts 2010 , ch. 1149, § 13.
Notwithstanding any law to the contrary, records maintained by the bureau of workers' compensation relative to the construction services provider registration and to the workers' compensation exemption registration, other than records displayed on the registry established pursuant to this part, shall not constitute a public record as defined in § 10-7-503 and shall not be open for public inspection.
Amended by 2021 Tenn. Acts, ch. 88, s 3, eff. 1/1/2022.
Acts 2010 , ch. 1149, § 13.
Tenn. Code Ann. § 50-7-217 — TN Code / Title 50 / Chapter 7 / Section 50-7-217
"Benefit year" defined
Status: in_force

(a) "Benefit year" with respect to any individual means the fifty-two (52) consecutive week period beginning with the first day of the first week with respect to which the individual first files a valid claim for benefits, and thereafter the fifty-two (52) consecutive week period beginning with the first day of the first week with respect to which the individual next files a valid claim for benefits after the termination of the individual's last preceding benefit year. (b) The last preceding benefit year shall be a fifty-three (53) week period if fifty-two (52) weeks would result in the overlap of any calendar quarter of the base period of the new benefit year with the same calendar quarter of the base period of the previous benefit year. (c) Any claim for benefits made in accordance with § 50-7-304(a) shall be deemed to be a "valid claim" for the purposes of subsection (a) if the individual has been paid the wages for insured work required under § 50-7-302(b)(1) . Acts 1947, ch. 29, § 2; C. Supp. 1950, § 6901.2 (Williams, § 6901.26); Acts 1975, ch. 190, § 1; T.C.A. (orig. ed.), § 50-1319; Acts 1987, ch. 148, § 5.
(a) "Benefit year" with respect to any individual means the fifty-two (52) consecutive week period beginning with the first day of the first week with respect to which the individual first files a valid claim for benefits, and thereafter the fifty-two (52) consecutive week period beginning with the first day of the first week with respect to which the individual next files a valid claim for benefits after the termination of the individual's last preceding benefit year.
(b) The last preceding benefit year shall be a fifty-three (53) week period if fifty-two (52) weeks would result in the overlap of any calendar quarter of the base period of the new benefit year with the same calendar quarter of the base period of the previous benefit year.
(c) Any claim for benefits made in accordance with § 50-7-304(a) shall be deemed to be a "valid claim" for the purposes of subsection (a) if the individual has been paid the wages for insured work required under § 50-7-302(b)(1) .
Acts 1947, ch. 29, § 2; C. Supp. 1950, § 6901.2 (Williams, § 6901.26); Acts 1975, ch. 190, § 1; T.C.A. (orig. ed.), § 50-1319; Acts 1987, ch. 148, § 5.
Tenn. Code Ann. § 50-1-502 — TN Code / Title 50 / Chapter 1 / Section 50-1-502
Part definitions
Status: in_force

As used in this part: (1) "Abusive conduct" means acts or omissions that would cause a reasonable person, based on the severity, nature, and frequency of the conduct, to believe that an employee was subject to an abusive work environment, such as: (A) Repeated verbal abuse in the workplace, including derogatory remarks, insults, and epithets; (B) Verbal, nonverbal, or physical conduct of a threatening, intimidating, or humiliating nature in the workplace; or (C) The sabotage or undermining of an employee's work performance in the workplace; (2) "Agency" means any department, commission, board, office or other agency of the executive, legislative or judicial branch of state government; (3) "Employee" means an employee of any county, metropolitan government, municipality, or other political subdivision of this state; (4) "Employer" means a private employer and a state or local governmental entity; (5) "Harassment" means two (2) or more instances of contact serving no legitimate purpose directed at an employee, in connection with that person's status as an employee, that a reasonable person would consider alarming, threatening, intimidating, abusive, or emotionally distressing and that does or reasonably could interfere with the performance of the employee's duties; and (6) "Instance of contact" means a direct communication or physical touching. Amended by 2019 Tenn. Acts, ch. 331,s 1, eff. 5/10/2019. Amended by 2019 Tenn. Acts, ch. 214,s 1, eff. 4/23/2019. Added by 2014 Tenn. Acts, ch. 997,s 1, eff. 5/22/2014.
As used in this part:
(1) "Abusive conduct" means acts or omissions that would cause a reasonable person, based on the severity, nature, and frequency of the conduct, to believe that an employee was subject to an abusive work environment, such as: (A) Repeated verbal abuse in the workplace, including derogatory remarks, insults, and epithets; (B) Verbal, nonverbal, or physical conduct of a threatening, intimidating, or humiliating nature in the workplace; or (C) The sabotage or undermining of an employee's work performance in the workplace;
(A) Repeated verbal abuse in the workplace, including derogatory remarks, insults, and epithets;
(B) Verbal, nonverbal, or physical conduct of a threatening, intimidating, or humiliating nature in the workplace; or
(C) The sabotage or undermining of an employee's work performance in the workplace;
(2) "Agency" means any department, commission, board, office or other agency of the executive, legislative or judicial branch of state government;
(3) "Employee" means an employee of any county, metropolitan government, municipality, or other political subdivision of this state;
(4) "Employer" means a private employer and a state or local governmental entity;
(5) "Harassment" means two (2) or more instances of contact serving no legitimate purpose directed at an employee, in connection with that person's status as an employee, that a reasonable person would consider alarming, threatening, intimidating, abusive, or emotionally distressing and that does or reasonably could interfere with the performance of the employee's duties; and
(6) "Instance of contact" means a direct communication or physical touching.
Amended by 2019 Tenn. Acts, ch. 331,s 1, eff. 5/10/2019.
Amended by 2019 Tenn. Acts, ch. 214,s 1, eff. 4/23/2019.
Added by 2014 Tenn. Acts, ch. 997,s 1, eff. 5/22/2014.
Tenn. Code Ann. § 50-6-420 — TN Code / Title 50 / Chapter 6 / Section 50-6-420
Legislative intent
Status: in_force

It is the intent of the general assembly that upon the filing of a claim pursuant to this chapter, the insurer is encouraged to provide semi-annual reports to the employer, at no cost to the employer, regarding the status of the claim. Acts 2004, ch. 962, § 44.
It is the intent of the general assembly that upon the filing of a claim pursuant to this chapter, the insurer is encouraged to provide semi-annual reports to the employer, at no cost to the employer, regarding the status of the claim.
Acts 2004, ch. 962, § 44.
Tenn. Code Ann. § 50-1-709 — TN Code / Title 50 / Chapter 1 / Section 50-1-709
Termination of employment of illegal aliens
Status: in_force

If an employer fails to terminate the employment of any individual for whom the employer receives a final nonconfirmation result from the E-Verify program, then the department may consider such fact when making a determination pursuant to § 50-1-103 . Acts 2011 , ch. 436, § 5.
If an employer fails to terminate the employment of any individual for whom the employer receives a final nonconfirmation result from the E-Verify program, then the department may consider such fact when making a determination pursuant to § 50-1-103 .
Acts 2011 , ch. 436, § 5.
Tenn. Code Ann. § 50-6-228 — TN Code / Title 50 / Chapter 6 / Section 50-6-228
Reserved
Status: repealed

Repealed by 2013 Tenn. Acts, ch. 289, s 66, eff. 7/1/2014. Acts 1919, ch. 123, § 35; Shan. Supp., § 3608a185; Acts 1927, ch. 40, § 5; Code 1932, § 6889; impl. am. Acts 1980, ch. 534, § 1; T.C.A. (orig. ed.), § 50-1022; Acts 1999, ch. 520, § 41.
Repealed by 2013 Tenn. Acts, ch. 289, s 66, eff. 7/1/2014.
Acts 1919, ch. 123, § 35; Shan. Supp., § 3608a185; Acts 1927, ch. 40, § 5; Code 1932, § 6889; impl. am. Acts 1980, ch. 534, § 1; T.C.A. (orig. ed.), § 50-1022; Acts 1999, ch. 520, § 41.
Tenn. Code Ann. § 50-6-114 — TN Code / Title 50 / Chapter 6 / Section 50-6-114
Supremacy of chapter - Setoffs for payments by disability plan
Status: in_force

(a) No contract or agreement, written or implied, or rule, regulation or other device, shall in any manner operate to relieve any employer, in whole or in part, of any obligation created by this chapter, except as provided in subsection (b). (b) Any employer may set off from temporary total, temporary partial, permanent partial and permanent total disability benefits any payment made to an employee under an employer funded disability plan for the same injury; provided, that the disability plan permits such an offset. The offset from a disability plan may not result in an employee's receiving less than the employee would otherwise receive under this chapter. In the event that a collective bargaining agreement is in effect, this subsection (b) shall be subject to the agreement of both parties. Acts 1919, ch. 123, § 16; Shan. Supp., § 3608a165; Code 1932, § 6867; T.C.A. (orig. ed.), § 50-916; Acts 1996, ch. 919, § 1.
(a) No contract or agreement, written or implied, or rule, regulation or other device, shall in any manner operate to relieve any employer, in whole or in part, of any obligation created by this chapter, except as provided in subsection (b).
(b) Any employer may set off from temporary total, temporary partial, permanent partial and permanent total disability benefits any payment made to an employee under an employer funded disability plan for the same injury; provided, that the disability plan permits such an offset. The offset from a disability plan may not result in an employee's receiving less than the employee would otherwise receive under this chapter. In the event that a collective bargaining agreement is in effect, this subsection (b) shall be subject to the agreement of both parties.
Acts 1919, ch. 123, § 16; Shan. Supp., § 3608a165; Code 1932, § 6867; T.C.A. (orig. ed.), § 50-916; Acts 1996, ch. 919, § 1.
Tenn. Code Ann. § 50-5-213 — TN Code / Title 50 / Chapter 5 / Section 50-5-213
Scope
Status: in_force

Contracts eligible for approval under this part shall include contracts pursuant to which a minor person is employed, employs, or agrees to perform or render artistic or creative services, either directly or through a third party including, without limitation, a personal services corporation, manager, booking agent, or producer. For purposes of this part, when a minor renders services as an extra, background performer, or in a similar capacity, through an agency or service that provides one (1) or more performers for a fee, the agency or service shall be considered the minor's employer. Acts 2003, ch. 168, § 1.
Contracts eligible for approval under this part shall include contracts pursuant to which a minor person is employed, employs, or agrees to perform or render artistic or creative services, either directly or through a third party including, without limitation, a personal services corporation, manager, booking agent, or producer. For purposes of this part, when a minor renders services as an extra, background performer, or in a similar capacity, through an agency or service that provides one (1) or more performers for a fee, the agency or service shall be considered the minor's employer.
Acts 2003, ch. 168, § 1.
Tenn. Code Ann. § 50-6-606 — TN Code / Title 50 / Chapter 6 / Section 50-6-606
Powers of board
Status: in_force

(a) (1) The board is vested with full power, authority, and jurisdiction over the fund. (2) The board may perform all acts necessary or convenient in the exercise of any power, authority, or jurisdiction over the fund, either in the administration of the fund or in connection with the insurance business to be carried on by it under this part, as fully and completely as the governing body of a private insurance carrier to fulfill the objectives and intent of this part. (b) The board may invest assets as permitted by § 56-3-402 . Acts 1992, ch. 900, § 26.
(a) (1) The board is vested with full power, authority, and jurisdiction over the fund. (2) The board may perform all acts necessary or convenient in the exercise of any power, authority, or jurisdiction over the fund, either in the administration of the fund or in connection with the insurance business to be carried on by it under this part, as fully and completely as the governing body of a private insurance carrier to fulfill the objectives and intent of this part.
(1) The board is vested with full power, authority, and jurisdiction over the fund.
(2) The board may perform all acts necessary or convenient in the exercise of any power, authority, or jurisdiction over the fund, either in the administration of the fund or in connection with the insurance business to be carried on by it under this part, as fully and completely as the governing body of a private insurance carrier to fulfill the objectives and intent of this part.
(b) The board may invest assets as permitted by § 56-3-402 .
Acts 1992, ch. 900, § 26.
Tenn. Code Ann. § 50-5-222 — TN Code / Title 50 / Chapter 5 / Section 50-5-222
Requirement that portion of earnings be set aside in trust
Status: in_force

Notwithstanding any law to the contrary, in an order approving a minor's contract as described in this part, the court shall require that fifteen percent (15%) of the minor's gross earnings pursuant to the contract be set aside by the minor's employer in trust and shall be paid to the trustee appointed by the court so that it may be invested in an account or other savings plan, and preserved for the benefit of the minor until the minor reaches the age of majority. The court may also require that more than fifteen percent (15%) of the minor's gross earnings be set aside in trust, in an account or other savings plan, and preserved for the benefit of the minor, upon request of the minor's parent or legal guardian, or the minor, through the minor's guardian ad litem. Gross earnings for the purpose of this section refers to those funds earned and received by the minor pursuant to the terms of the contract and does not include those funds applied towards recoupment pursuant to the contract. Acts 2003, ch. 168, § 1.
Notwithstanding any law to the contrary, in an order approving a minor's contract as described in this part, the court shall require that fifteen percent (15%) of the minor's gross earnings pursuant to the contract be set aside by the minor's employer in trust and shall be paid to the trustee appointed by the court so that it may be invested in an account or other savings plan, and preserved for the benefit of the minor until the minor reaches the age of majority. The court may also require that more than fifteen percent (15%) of the minor's gross earnings be set aside in trust, in an account or other savings plan, and preserved for the benefit of the minor, upon request of the minor's parent or legal guardian, or the minor, through the minor's guardian ad litem. Gross earnings for the purpose of this section refers to those funds earned and received by the minor pursuant to the terms of the contract and does not include those funds applied towards recoupment pursuant to the contract.
Acts 2003, ch. 168, § 1.
Tenn. Code Ann. § 50-6-918 — TN Code / Title 50 / Chapter 6 / Section 50-6-918
[Repealed]
Status: repealed

Repealed by 2021 Tenn. Acts, ch. 88,s 13, eff. 1/1/2022. Acts 2010, ch. 1149, § 13.
Repealed by 2021 Tenn. Acts, ch. 88,s 13, eff. 1/1/2022.
Acts 2010, ch. 1149, § 13.
Tenn. Code Ann. § 50-2-106 — TN Code / Title 50 / Chapter 2 / Section 50-2-106
Company stores
Status: in_force

(a) It is not lawful for any employer, or agent, clerk or superintendent of the employer, who owns or controls a store for the sale of general merchandise in connection with the employer's manufacturing or other business, to attempt to control the employer's employees or laborers in the purchase of goods and supplies at the store, by withholding the payment of wages longer than the usual time of payment, whereby the employee would be compelled to purchase supplies at the employer's store. (b) No employee shall be required, as a condition of employment, to trade at a store specified by the employer. (c) Any person violating this section commits a Class C misdemeanor. Acts 1887, ch. 155, §§ 1-2; Shan., §§ 6882-6883; mod. Code 1932, §§ 11361-11362; Acts 1935, ch. 58, § 1; C. Supp. 1950, § 1136.1; T.C.A. (orig. ed.), §§ 50-316, 50-317; Acts 1989, ch. 591, § 113.
(a) It is not lawful for any employer, or agent, clerk or superintendent of the employer, who owns or controls a store for the sale of general merchandise in connection with the employer's manufacturing or other business, to attempt to control the employer's employees or laborers in the purchase of goods and supplies at the store, by withholding the payment of wages longer than the usual time of payment, whereby the employee would be compelled to purchase supplies at the employer's store.
(b) No employee shall be required, as a condition of employment, to trade at a store specified by the employer.
(c) Any person violating this section commits a Class C misdemeanor.
Acts 1887, ch. 155, §§ 1-2; Shan., §§ 6882-6883; mod. Code 1932, §§ 11361-11362; Acts 1935, ch. 58, § 1; C. Supp. 1950, § 1136.1; T.C.A. (orig. ed.), §§ 50-316, 50-317; Acts 1989, ch. 591, § 113.
Tenn. Code Ann. § 50-6-620 — TN Code / Title 50 / Chapter 6 / Section 50-6-620
Contents of annual report
Status: in_force

The board shall annually report to the general assembly, governor, and the director of the division of state audit the operations of the fund up to that date. The report shall include, but not be limited to: (1) The volume of premiums insured through the state fund and its share of the state workers' compensation insurance market; (2) The percent division of premium dollars among various types of benefit payments and administrative costs for policies and claims under the state fund; (3) The average rate of return enjoyed by the state fund on its invested assets; (4) Recommendations concerning desirable changes in the state fund to promote its prompt and efficient administration of policies and claims; (5) A recommendation to the general assembly and governor regarding the continued operation of the fund; (6) A full report concerning reserve practices including any actuarial analysis of the funds reserved; and (7) Any other information the director deems appropriate. Acts 1992, ch. 900, § 26; 1994, ch. 979, § 5.
The board shall annually report to the general assembly, governor, and the director of the division of state audit the operations of the fund up to that date. The report shall include, but not be limited to:
(1) The volume of premiums insured through the state fund and its share of the state workers' compensation insurance market;
(2) The percent division of premium dollars among various types of benefit payments and administrative costs for policies and claims under the state fund;
(3) The average rate of return enjoyed by the state fund on its invested assets;
(4) Recommendations concerning desirable changes in the state fund to promote its prompt and efficient administration of policies and claims;
(5) A recommendation to the general assembly and governor regarding the continued operation of the fund;
(6) A full report concerning reserve practices including any actuarial analysis of the funds reserved; and
(7) Any other information the director deems appropriate.
Acts 1992, ch. 900, § 26; 1994, ch. 979, § 5.