Tenn. Code Ann. § 50-6-226 — TN Code / Title 50 / Chapter 6 / Section 50-6-226
Fees of attorneys and physicians, and hospital charges
Status: in_force

(a) (1) The reasonableness of attorney fees for services to employees under this chapter is subject to the approval of the workers' compensation judge before whom the matter is pending; provided, that attorney fees must not exceed twenty percent (20%) of the amount of the recovery or award to the injured worker, or in cases governed by § 50-6-207(4) , twenty percent (20%) of the first four hundred fifty (450) weeks of the award; provided, further, that such fees must be paid by the party employing the attorney. All attorney fees for attorneys representing employers are subject to review for reasonableness of the fee and are subject to approval by a workers' compensation judge when the fee exceeds ten thousand dollars ($10,000). (2) (A) Medical costs that have been voluntarily paid by the employer or its insurer shall not be included in determining the award for purposes of calculating the attorney's fee. (B) In cases that proceed to trial, an employee's attorney shall file an application for approval of a proposed attorney's fee. Where the award of an attorney's fee exceeds ten thousand dollars ($10,000), the court shall make specific findings as to the factors that justify the fee as provided in Tennessee Supreme Court Rule 8, RPC 1.5. (C) The final order or settlement in all workers' compensation cases shall set out the attorney portion of the award in both dollar and percentage terms and the required findings. (3) In accident cases that result in death of an employee, the plaintiff's attorney's fees shall not exceed reasonable payment for actual time and expenses incurred when the employer makes a voluntary settlement offer in writing to dependents or survivors eligible under § 50-6-210 within thirty (30) days of the employee's death if the employer offers to provide the dependents or survivors with all the benefits provided under this chapter. The approving authority shall review and approve the settlements on an expedited basis. (4) The fees of physicians and charges of hospitals for services to employees under this chapter, shall be subject to the approval of the administrator or the court before which the matter is pending, as appropriate, as provided in this subdivision (a)(4). Unless a medical fee or charge is contested, the department shall deem it to be reasonable. If a fee or charge is contested, the department shall permit a party to seek review only of the contested fee or charge in any court with jurisdiction to hear a matter pursuant to § 50-6-237 . A court may review the case solely for the purpose of approving the fees and charges that are reasonable. (b) The charging or receiving of any fee by an attorney in violation of subsection (a) shall be deemed unlawful practice and render the attorney liable to disbarment; and, further, the attorney shall forfeit double the entire amount retained by the attorney, to be recovered as in case of debt by the injured person or the injured person's creditor. (c) (1) The fees charged to the claimant by the treating physician or a specialist to whom the employee was referred for giving testimony by oral deposition relative to the claim shall, unless the interests of justice require otherwise, be considered a part of the costs of the case, to be charged against the employer when the employee is the prevailing party. (2) The workers' compensation judge shall have the discretion to determine the reasonableness of the fee charged by any physician pursuant to this subsection (c). (3) This subsection (c) applies only to workers' compensation actions arising on or after July 1, 1988. (d) (1) In addition to attorneys' fees provided for in this section, the court of workers' compensation claims may award reasonable attorneys' fees and reasonable costs, including, but not limited to, reasonable and necessary court reporter expenses and expert witness fees for depositions and trials, incurred when the employer: (A) Fails to furnish appropriate medical, surgical, and dental treatment or care, medicine, medical and surgical supplies, crutches, artificial members, and other apparatus to an employee provided for in a settlement, expedited hearing order, compensation hearing order, or judgment under this chapter; or (B) Unreasonably denies a claim or unreasonably fails to timely initiate any of the benefits to which the employee or dependent is entitled under this chapter, including medical benefits under § 50-6-204 , temporary or permanent disability benefits under § 50-6-207 , or death benefits under § 50-6-210 if the workers' compensation judge makes a finding that the benefits were owed at an expedited hearing or compensation hearing. (2) Subdivision (d)(1)(B) applies to injuries that occur: (A) Between July 1, 2016, and June 30, 2020; and (B) Between July 1, 2021, and June 30, 2025. (e) A health care provider shall not employ a collection agency or make a report to a credit bureau concerning a private claim against an employer for all or part of the costs of medical care provided to an employee that are not paid by the employer's workers' compensation insurer without having first given notice of the dispute to the medical payment committee. The medical director may include the insurer in the administrative process. Amended by 2023 Tenn. Acts, ch. 145, s 2, eff. 7/1/2023, app. upon becoming a law for the purposes of promulgating rules. Amended by 2023 Tenn. Acts, ch. 145, Secs.s 10, s 11 eff. 4/13/2023, app. upon becoming a law for the purposes of promulgating rules. Amended by 2021 Tenn. Acts, ch. 152, s 1, eff. 7/1/2021. Amended by 2018 Tenn. Acts, ch. 757, Secs.s 1, s 2, s 3 eff. 4/18/2018. Amended by 2016 Tenn. Acts, ch. 1056, s 2, eff. 7/1/2016. Amended by 2013 Tenn. Acts, ch. 289, s 61, eff. 7/1/2014. Acts 1919, ch. 123, § 33; Shan. Supp., § 3608a183; Code 1932, §§ 6886, 6887; Acts 1957, ch. 121, § 1; 1963, ch. 333, § 2; impl. am. Acts 1980, ch. 534, § 1; T.C.A. (orig. ed.), §§ 50-1019, 50-1020; Acts 1988, ch. 865, §§ 1-3; 1996, ch. 944, § 17; 1999, ch. 520, § 41; 2003 , ch. 112, § 4; 2007 , ch. 300, §§ 2, 3.
(a) (1) The reasonableness of attorney fees for services to employees under this chapter is subject to the approval of the workers' compensation judge before whom the matter is pending; provided, that attorney fees must not exceed twenty percent (20%) of the amount of the recovery or award to the injured worker, or in cases governed by § 50-6-207(4) , twenty percent (20%) of the first four hundred fifty (450) weeks of the award; provided, further, that such fees must be paid by the party employing the attorney. All attorney fees for attorneys representing employers are subject to review for reasonableness of the fee and are subject to approval by a workers' compensation judge when the fee exceeds ten thousand dollars ($10,000). (2) (A) Medical costs that have been voluntarily paid by the employer or its insurer shall not be included in determining the award for purposes of calculating the attorney's fee. (B) In cases that proceed to trial, an employee's attorney shall file an application for approval of a proposed attorney's fee. Where the award of an attorney's fee exceeds ten thousand dollars ($10,000), the court shall make specific findings as to the factors that justify the fee as provided in Tennessee Supreme Court Rule 8, RPC 1.5. (C) The final order or settlement in all workers' compensation cases shall set out the attorney portion of the award in both dollar and percentage terms and the required findings. (3) In accident cases that result in death of an employee, the plaintiff's attorney's fees shall not exceed reasonable payment for actual time and expenses incurred when the employer makes a voluntary settlement offer in writing to dependents or survivors eligible under § 50-6-210 within thirty (30) days of the employee's death if the employer offers to provide the dependents or survivors with all the benefits provided under this chapter. The approving authority shall review and approve the settlements on an expedited basis. (4) The fees of physicians and charges of hospitals for services to employees under this chapter, shall be subject to the approval of the administrator or the court before which the matter is pending, as appropriate, as provided in this subdivision (a)(4). Unless a medical fee or charge is contested, the department shall deem it to be reasonable. If a fee or charge is contested, the department shall permit a party to seek review only of the contested fee or charge in any court with jurisdiction to hear a matter pursuant to § 50-6-237 . A court may review the case solely for the purpose of approving the fees and charges that are reasonable.
(1) The reasonableness of attorney fees for services to employees under this chapter is subject to the approval of the workers' compensation judge before whom the matter is pending; provided, that attorney fees must not exceed twenty percent (20%) of the amount of the recovery or award to the injured worker, or in cases governed by § 50-6-207(4) , twenty percent (20%) of the first four hundred fifty (450) weeks of the award; provided, further, that such fees must be paid by the party employing the attorney. All attorney fees for attorneys representing employers are subject to review for reasonableness of the fee and are subject to approval by a workers' compensation judge when the fee exceeds ten thousand dollars ($10,000).
(2) (A) Medical costs that have been voluntarily paid by the employer or its insurer shall not be included in determining the award for purposes of calculating the attorney's fee. (B) In cases that proceed to trial, an employee's attorney shall file an application for approval of a proposed attorney's fee. Where the award of an attorney's fee exceeds ten thousand dollars ($10,000), the court shall make specific findings as to the factors that justify the fee as provided in Tennessee Supreme Court Rule 8, RPC 1.5. (C) The final order or settlement in all workers' compensation cases shall set out the attorney portion of the award in both dollar and percentage terms and the required findings.
(A) Medical costs that have been voluntarily paid by the employer or its insurer shall not be included in determining the award for purposes of calculating the attorney's fee.
(B) In cases that proceed to trial, an employee's attorney shall file an application for approval of a proposed attorney's fee. Where the award of an attorney's fee exceeds ten thousand dollars ($10,000), the court shall make specific findings as to the factors that justify the fee as provided in Tennessee Supreme Court Rule 8, RPC 1.5.
(C) The final order or settlement in all workers' compensation cases shall set out the attorney portion of the award in both dollar and percentage terms and the required findings.
(3) In accident cases that result in death of an employee, the plaintiff's attorney's fees shall not exceed reasonable payment for actual time and expenses incurred when the employer makes a voluntary settlement offer in writing to dependents or survivors eligible under § 50-6-210 within thirty (30) days of the employee's death if the employer offers to provide the dependents or survivors with all the benefits provided under this chapter. The approving authority shall review and approve the settlements on an expedited basis.
(4) The fees of physicians and charges of hospitals for services to employees under this chapter, shall be subject to the approval of the administrator or the court before which the matter is pending, as appropriate, as provided in this subdivision (a)(4). Unless a medical fee or charge is contested, the department shall deem it to be reasonable. If a fee or charge is contested, the department shall permit a party to seek review only of the contested fee or charge in any court with jurisdiction to hear a matter pursuant to § 50-6-237 . A court may review the case solely for the purpose of approving the fees and charges that are reasonable.
(b) The charging or receiving of any fee by an attorney in violation of subsection (a) shall be deemed unlawful practice and render the attorney liable to disbarment; and, further, the attorney shall forfeit double the entire amount retained by the attorney, to be recovered as in case of debt by the injured person or the injured person's creditor.
(c) (1) The fees charged to the claimant by the treating physician or a specialist to whom the employee was referred for giving testimony by oral deposition relative to the claim shall, unless the interests of justice require otherwise, be considered a part of the costs of the case, to be charged against the employer when the employee is the prevailing party. (2) The workers' compensation judge shall have the discretion to determine the reasonableness of the fee charged by any physician pursuant to this subsection (c). (3) This subsection (c) applies only to workers' compensation actions arising on or after July 1, 1988.
(1) The fees charged to the claimant by the treating physician or a specialist to whom the employee was referred for giving testimony by oral deposition relative to the claim shall, unless the interests of justice require otherwise, be considered a part of the costs of the case, to be charged against the employer when the employee is the prevailing party.
(2) The workers' compensation judge shall have the discretion to determine the reasonableness of the fee charged by any physician pursuant to this subsection (c).
(3) This subsection (c) applies only to workers' compensation actions arising on or after July 1, 1988.
(d) (1) In addition to attorneys' fees provided for in this section, the court of workers' compensation claims may award reasonable attorneys' fees and reasonable costs, including, but not limited to, reasonable and necessary court reporter expenses and expert witness fees for depositions and trials, incurred when the employer: (A) Fails to furnish appropriate medical, surgical, and dental treatment or care, medicine, medical and surgical supplies, crutches, artificial members, and other apparatus to an employee provided for in a settlement, expedited hearing order, compensation hearing order, or judgment under this chapter; or (B) Unreasonably denies a claim or unreasonably fails to timely initiate any of the benefits to which the employee or dependent is entitled under this chapter, including medical benefits under § 50-6-204 , temporary or permanent disability benefits under § 50-6-207 , or death benefits under § 50-6-210 if the workers' compensation judge makes a finding that the benefits were owed at an expedited hearing or compensation hearing. (2) Subdivision (d)(1)(B) applies to injuries that occur: (A) Between July 1, 2016, and June 30, 2020; and (B) Between July 1, 2021, and June 30, 2025.
(1) In addition to attorneys' fees provided for in this section, the court of workers' compensation claims may award reasonable attorneys' fees and reasonable costs, including, but not limited to, reasonable and necessary court reporter expenses and expert witness fees for depositions and trials, incurred when the employer: (A) Fails to furnish appropriate medical, surgical, and dental treatment or care, medicine, medical and surgical supplies, crutches, artificial members, and other apparatus to an employee provided for in a settlement, expedited hearing order, compensation hearing order, or judgment under this chapter; or (B) Unreasonably denies a claim or unreasonably fails to timely initiate any of the benefits to which the employee or dependent is entitled under this chapter, including medical benefits under § 50-6-204 , temporary or permanent disability benefits under § 50-6-207 , or death benefits under § 50-6-210 if the workers' compensation judge makes a finding that the benefits were owed at an expedited hearing or compensation hearing.
(A) Fails to furnish appropriate medical, surgical, and dental treatment or care, medicine, medical and surgical supplies, crutches, artificial members, and other apparatus to an employee provided for in a settlement, expedited hearing order, compensation hearing order, or judgment under this chapter; or
(B) Unreasonably denies a claim or unreasonably fails to timely initiate any of the benefits to which the employee or dependent is entitled under this chapter, including medical benefits under § 50-6-204 , temporary or permanent disability benefits under § 50-6-207 , or death benefits under § 50-6-210 if the workers' compensation judge makes a finding that the benefits were owed at an expedited hearing or compensation hearing.
(2) Subdivision (d)(1)(B) applies to injuries that occur: (A) Between July 1, 2016, and June 30, 2020; and (B) Between July 1, 2021, and June 30, 2025.
(A) Between July 1, 2016, and June 30, 2020; and
(B) Between July 1, 2021, and June 30, 2025.
(e) A health care provider shall not employ a collection agency or make a report to a credit bureau concerning a private claim against an employer for all or part of the costs of medical care provided to an employee that are not paid by the employer's workers' compensation insurer without having first given notice of the dispute to the medical payment committee. The medical director may include the insurer in the administrative process.
Amended by 2023 Tenn. Acts, ch. 145, s 2, eff. 7/1/2023, app. upon becoming a law for the purposes of promulgating rules.
Amended by 2023 Tenn. Acts, ch. 145, Secs.s 10, s 11 eff. 4/13/2023, app. upon becoming a law for the purposes of promulgating rules.
Amended by 2021 Tenn. Acts, ch. 152, s 1, eff. 7/1/2021.
Amended by 2018 Tenn. Acts, ch. 757, Secs.s 1, s 2, s 3 eff. 4/18/2018.
Amended by 2016 Tenn. Acts, ch. 1056, s 2, eff. 7/1/2016.
Amended by 2013 Tenn. Acts, ch. 289, s 61, eff. 7/1/2014.
Acts 1919, ch. 123, § 33; Shan. Supp., § 3608a183; Code 1932, §§ 6886, 6887; Acts 1957, ch. 121, § 1; 1963, ch. 333, § 2; impl. am. Acts 1980, ch. 534, § 1; T.C.A. (orig. ed.), §§ 50-1019, 50-1020; Acts 1988, ch. 865, §§ 1-3; 1996, ch. 944, § 17; 1999, ch. 520, § 41; 2003 , ch. 112, § 4; 2007 , ch. 300, §§ 2, 3.
Tenn. Code Ann. § 50-7-803 — TN Code / Title 50 / Chapter 7 / Section 50-7-803
Part definitions
Status: in_force

As used in this part: (1) "Department" means the department of labor and workforce development; (2) "Dislocated worker" means an individual who: (A) Has been terminated or laid off, or who has received a notice of termination or layoff from employment, including an individual: (i) Currently eligible for unemployment insurance benefits; or (ii) Who has exhausted entitlement to unemployment insurance benefits; (B) Has been terminated or laid off, or has received a notice of termination or layoff from employment as a result of any permanent closure of, or any substantial layoff at, a plant, facility, or enterprise, including a facility at which the employer has made a general announcement that the facility will close within one hundred eighty (180) days; (C) Was self-employed, but is unemployed as a result of general economic conditions in the community in which the individual resides or because of natural disasters; or (D) Is a displaced homemaker; (3) "Displaced homemaker" means an individual who has been: (A) Providing unpaid services to the individual's family members in the home; and (B) Dependent on the income of another family member but is no longer supported by that income; (4) "Eligible business" means a business determined by the department to be eligible for Tennessee works pilot program grants; (5) "Eligible training expenses" means expenses determined by the department to be eligible for grants awarded through the Tennessee works pilot program; and (6) "Trade adjustment assistance funds" means funds distributed in accordance with the federal Trade Adjustment Assistance Reform Act of 2002, compiled in title 19 of the United States Code. Acts 2012, ch. 1068, § 1.
As used in this part:
(1) "Department" means the department of labor and workforce development;
(2) "Dislocated worker" means an individual who: (A) Has been terminated or laid off, or who has received a notice of termination or layoff from employment, including an individual: (i) Currently eligible for unemployment insurance benefits; or (ii) Who has exhausted entitlement to unemployment insurance benefits; (B) Has been terminated or laid off, or has received a notice of termination or layoff from employment as a result of any permanent closure of, or any substantial layoff at, a plant, facility, or enterprise, including a facility at which the employer has made a general announcement that the facility will close within one hundred eighty (180) days; (C) Was self-employed, but is unemployed as a result of general economic conditions in the community in which the individual resides or because of natural disasters; or (D) Is a displaced homemaker;
(A) Has been terminated or laid off, or who has received a notice of termination or layoff from employment, including an individual: (i) Currently eligible for unemployment insurance benefits; or (ii) Who has exhausted entitlement to unemployment insurance benefits;
(i) Currently eligible for unemployment insurance benefits; or
(ii) Who has exhausted entitlement to unemployment insurance benefits;
(B) Has been terminated or laid off, or has received a notice of termination or layoff from employment as a result of any permanent closure of, or any substantial layoff at, a plant, facility, or enterprise, including a facility at which the employer has made a general announcement that the facility will close within one hundred eighty (180) days;
(C) Was self-employed, but is unemployed as a result of general economic conditions in the community in which the individual resides or because of natural disasters; or
(D) Is a displaced homemaker;
(3) "Displaced homemaker" means an individual who has been: (A) Providing unpaid services to the individual's family members in the home; and (B) Dependent on the income of another family member but is no longer supported by that income;
(A) Providing unpaid services to the individual's family members in the home; and
(B) Dependent on the income of another family member but is no longer supported by that income;
(4) "Eligible business" means a business determined by the department to be eligible for Tennessee works pilot program grants;
(5) "Eligible training expenses" means expenses determined by the department to be eligible for grants awarded through the Tennessee works pilot program; and
(6) "Trade adjustment assistance funds" means funds distributed in accordance with the federal Trade Adjustment Assistance Reform Act of 2002, compiled in title 19 of the United States Code.
Acts 2012, ch. 1068, § 1.
Tenn. Code Ann. § 50-1-503 — TN Code / Title 50 / Chapter 1 / Section 50-1-503
Development of model policy for employers to prevent abusive conduct in the workplace - Requirements of policy
Status: in_force

(a) No later than March 1, 2015, the Tennessee advisory commission on intergovernmental relations (TACIR) shall create a model policy for employers to prevent abusive conduct in the workplace. The model policy shall be developed in consultation with the department of human resources and interested municipal and county organizations including, but not limited to, the Tennessee municipal league, the Tennessee county services association, the municipal technical advisory service (MTAS), and the county technical assistance service (CTAS). (b) The model policy created pursuant to subsection (a) shall: (1) Assist employers in recognizing and responding to abusive conduct in the workplace; and (2) Prevent retaliation against any employee who has reported abusive conduct in the workplace. (c) Each employer may adopt the policy created pursuant to subsection (a) as a policy to address abusive conduct in the workplace. Added by 2014 Tenn. Acts, ch. 997,s 1, eff. 5/22/2014.
(a) No later than March 1, 2015, the Tennessee advisory commission on intergovernmental relations (TACIR) shall create a model policy for employers to prevent abusive conduct in the workplace. The model policy shall be developed in consultation with the department of human resources and interested municipal and county organizations including, but not limited to, the Tennessee municipal league, the Tennessee county services association, the municipal technical advisory service (MTAS), and the county technical assistance service (CTAS).
(b) The model policy created pursuant to subsection (a) shall: (1) Assist employers in recognizing and responding to abusive conduct in the workplace; and (2) Prevent retaliation against any employee who has reported abusive conduct in the workplace.
(1) Assist employers in recognizing and responding to abusive conduct in the workplace; and
(2) Prevent retaliation against any employee who has reported abusive conduct in the workplace.
(c) Each employer may adopt the policy created pursuant to subsection (a) as a policy to address abusive conduct in the workplace.
Added by 2014 Tenn. Acts, ch. 997,s 1, eff. 5/22/2014.
Tenn. Code Ann. § 50-6-909 — TN Code / Title 50 / Chapter 6 / Section 50-6-909
Reinstatement of exemption
Status: in_force

(a) Except as provided in § 50-6-412(h)(2) [codified at 50-6-412(i) effective July 1, 2021, until July 1, 2024], a construction services provider whose exemption is revoked pursuant to § 50-6-908 may apply to reinstate such exemption in the same manner as provided for in this part for an initial application. (b) A construction services provider whose exemption is revoked under § 50-6-908(b) may only be granted a reinstatement of exemption: (1) Upon notification to the bureau of workers' compensation from the board that such provider's license is no longer revoked or suspended; (2) Upon verification from the bureau of workers' compensation that the provider qualified for reinstatement; and (3) If the bureau of workers' compensation determines that the provider meets the requirements for an exemption established pursuant to this part. (c) Upon verification by the bureau of workers' compensation that the requirements of subsection (b) are met, the bureau of workers' compensation shall file the application in accordance with § 50-6-905 . Amended by 2021 Tenn. Acts, ch. 88, s 3, eff. 1/1/2022. Amended by 2021 Tenn. Acts, ch. 88, s 1, eff. 1/1/2022. Acts 2010 , ch. 1149, § 13.
(a) Except as provided in § 50-6-412(h)(2) [codified at 50-6-412(i) effective July 1, 2021, until July 1, 2024], a construction services provider whose exemption is revoked pursuant to § 50-6-908 may apply to reinstate such exemption in the same manner as provided for in this part for an initial application.
(b) A construction services provider whose exemption is revoked under § 50-6-908(b) may only be granted a reinstatement of exemption: (1) Upon notification to the bureau of workers' compensation from the board that such provider's license is no longer revoked or suspended; (2) Upon verification from the bureau of workers' compensation that the provider qualified for reinstatement; and (3) If the bureau of workers' compensation determines that the provider meets the requirements for an exemption established pursuant to this part.
(1) Upon notification to the bureau of workers' compensation from the board that such provider's license is no longer revoked or suspended;
(2) Upon verification from the bureau of workers' compensation that the provider qualified for reinstatement; and
(3) If the bureau of workers' compensation determines that the provider meets the requirements for an exemption established pursuant to this part.
(c) Upon verification by the bureau of workers' compensation that the requirements of subsection (b) are met, the bureau of workers' compensation shall file the application in accordance with § 50-6-905 .
Amended by 2021 Tenn. Acts, ch. 88, s 3, eff. 1/1/2022.
Amended by 2021 Tenn. Acts, ch. 88, s 1, eff. 1/1/2022.
Acts 2010 , ch. 1149, § 13.
Tenn. Code Ann. § 50-2-204 — TN Code / Title 50 / Chapter 2 / Section 50-2-204
Employee remedies
Status: in_force

(a) (1) Any employer who violates § 50-2-202 shall be liable to the employee or employees affected in the amount of their unpaid wages, and in instances of an employer knowingly violating § 50-2-202 in employee suits under subsection (b), up to an additional equal amount of unpaid wages as liquidated damages. (2) For the second established violation of this part in a separate judicial proceeding distinct from the first, any employer who violates § 50-2-202 shall be liable to the employee or employees affected in the amount of their unpaid wages, and instances of an employer knowingly violating § 50-2-202 in employee suits under subsection (b), up to an additional two (2) times the amount of unpaid wages as liquidated damages. (3) For the third established violation of this part in a separate judicial proceeding distinct from the first and second, any employer who violates § 50-2-202 shall be liable to the employee or employees affected in the amount of their unpaid wages, and instances of an employer knowingly violating § 50-2-202 in employee suits under subsection (b), up to an additional three (3) times the amount of unpaid wages as liquidated damages. (b) Action to recover wages may be maintained in any court of competent jurisdiction by any one (1) or more employees. The court shall, in cases of violation, in addition to any judgment awarded to the plaintiff or plaintiffs, allow a reasonable attorney's fee and cost of the action to be paid by the defendant. (c) No agreement by any employee to work for less than the wages to which the employee is entitled under this part shall be a bar to an action to recover wages, or to a voluntary wage restitution of the full amount due under this part. (d) At the written request of any employee claiming to have been paid less than the wage to which the employee is entitled under this part, the commissioner may bring any legal action necessary on behalf of the employee to collect the claim for unpaid wages. The commissioner shall not be required to pay any filing fee, or other cost in connection with the action. The commissioner shall have the power to join various claims against the employer in one (1) cause of action. Acts 1974, ch. 757, § 4; T.C.A., § 50-323; Acts 2004, ch. 822, § 2.
(a) (1) Any employer who violates § 50-2-202 shall be liable to the employee or employees affected in the amount of their unpaid wages, and in instances of an employer knowingly violating § 50-2-202 in employee suits under subsection (b), up to an additional equal amount of unpaid wages as liquidated damages. (2) For the second established violation of this part in a separate judicial proceeding distinct from the first, any employer who violates § 50-2-202 shall be liable to the employee or employees affected in the amount of their unpaid wages, and instances of an employer knowingly violating § 50-2-202 in employee suits under subsection (b), up to an additional two (2) times the amount of unpaid wages as liquidated damages. (3) For the third established violation of this part in a separate judicial proceeding distinct from the first and second, any employer who violates § 50-2-202 shall be liable to the employee or employees affected in the amount of their unpaid wages, and instances of an employer knowingly violating § 50-2-202 in employee suits under subsection (b), up to an additional three (3) times the amount of unpaid wages as liquidated damages.
(1) Any employer who violates § 50-2-202 shall be liable to the employee or employees affected in the amount of their unpaid wages, and in instances of an employer knowingly violating § 50-2-202 in employee suits under subsection (b), up to an additional equal amount of unpaid wages as liquidated damages.
(2) For the second established violation of this part in a separate judicial proceeding distinct from the first, any employer who violates § 50-2-202 shall be liable to the employee or employees affected in the amount of their unpaid wages, and instances of an employer knowingly violating § 50-2-202 in employee suits under subsection (b), up to an additional two (2) times the amount of unpaid wages as liquidated damages.
(3) For the third established violation of this part in a separate judicial proceeding distinct from the first and second, any employer who violates § 50-2-202 shall be liable to the employee or employees affected in the amount of their unpaid wages, and instances of an employer knowingly violating § 50-2-202 in employee suits under subsection (b), up to an additional three (3) times the amount of unpaid wages as liquidated damages.
(b) Action to recover wages may be maintained in any court of competent jurisdiction by any one (1) or more employees. The court shall, in cases of violation, in addition to any judgment awarded to the plaintiff or plaintiffs, allow a reasonable attorney's fee and cost of the action to be paid by the defendant.
(c) No agreement by any employee to work for less than the wages to which the employee is entitled under this part shall be a bar to an action to recover wages, or to a voluntary wage restitution of the full amount due under this part.
(d) At the written request of any employee claiming to have been paid less than the wage to which the employee is entitled under this part, the commissioner may bring any legal action necessary on behalf of the employee to collect the claim for unpaid wages. The commissioner shall not be required to pay any filing fee, or other cost in connection with the action. The commissioner shall have the power to join various claims against the employer in one (1) cause of action.
Acts 1974, ch. 757, § 4; T.C.A., § 50-323; Acts 2004, ch. 822, § 2.
Tenn. Code Ann. § 50-6-615 — TN Code / Title 50 / Chapter 6 / Section 50-6-615
Property of fund - Fund employees
Status: in_force

All premiums and other money paid to the fund, all property and securities acquired through the use of money belonging to the fund, and all interest and dividends earned upon money belonging to the fund and deposited or invested by the fund are the sole property of the fund and shall be used exclusively for the operation and obligations of the fund. The money of the fund is not state property. The employees of the fund shall not be considered state employees. Acts 1992, ch. 900, § 26.
All premiums and other money paid to the fund, all property and securities acquired through the use of money belonging to the fund, and all interest and dividends earned upon money belonging to the fund and deposited or invested by the fund are the sole property of the fund and shall be used exclusively for the operation and obligations of the fund. The money of the fund is not state property. The employees of the fund shall not be considered state employees.
Acts 1992, ch. 900, § 26.
Tenn. Code Ann. § 50-6-406 — TN Code / Title 50 / Chapter 6 / Section 50-6-406
Evidence of compliance to be filed - Penalty for failing to comply - Liability to employee in damages - Defenses
Status: in_force

(a) Every employer, or the employer's insurance carrier unless the employer is self-insured, subject to this chapter, shall file evidence of its compliance with § 50-6-405 with the bureau of workers' compensation on a form prescribed by the administrator, within thirty (30) days after procurement or renewal of suitable workers' compensation insurance or qualification as a self-insurer. (b) If an employer fails to comply with § 50-6-405 , then during the continuance of the failure, the employer shall be liable to an injured employee either for compensation as provided in this chapter to be recovered in an action brought in a court of competent jurisdiction for that purpose, or for damages to be recovered as if this chapter had not been enacted, as the employee may elect; and in the case suit for damages is brought instead of a suit to recover compensation under this chapter, the employer, when sued, shall not be allowed to set up as a defense to the action that the employee was negligent, or that the injury was caused by negligence of a fellow servant or fellow employee, or that the employee had assumed the risk of the injury. (c) Claim of compensation made under this chapter shall be deemed a waiver of the right to sue for damages, and the institution and prosecution to final judgment of a suit for damages shall be deemed a waiver of a right to claim compensation under this chapter. Acts 1919, ch. 123, § 42; impl. am. Acts 1923, ch. 7, §§ 2, 50; Shan. Supp., § 3608a192; mod. Code 1932, § 6896; Acts 1973, ch. 379, § 12; 1978, ch. 759, § 2; impl. am. Acts 1980, ch. 534, § 1; T.C.A. (orig. ed.), § 50-1206; Acts 1989, ch. 591, § 113; 1999, ch. 520, § 41; 2000, ch. 852, § 16; 2013, ch. 282, § 1; 2015, ch. 341, § 15.
(a) Every employer, or the employer's insurance carrier unless the employer is self-insured, subject to this chapter, shall file evidence of its compliance with § 50-6-405 with the bureau of workers' compensation on a form prescribed by the administrator, within thirty (30) days after procurement or renewal of suitable workers' compensation insurance or qualification as a self-insurer.
(b) If an employer fails to comply with § 50-6-405 , then during the continuance of the failure, the employer shall be liable to an injured employee either for compensation as provided in this chapter to be recovered in an action brought in a court of competent jurisdiction for that purpose, or for damages to be recovered as if this chapter had not been enacted, as the employee may elect; and in the case suit for damages is brought instead of a suit to recover compensation under this chapter, the employer, when sued, shall not be allowed to set up as a defense to the action that the employee was negligent, or that the injury was caused by negligence of a fellow servant or fellow employee, or that the employee had assumed the risk of the injury.
(c) Claim of compensation made under this chapter shall be deemed a waiver of the right to sue for damages, and the institution and prosecution to final judgment of a suit for damages shall be deemed a waiver of a right to claim compensation under this chapter.
Acts 1919, ch. 123, § 42; impl. am. Acts 1923, ch. 7, §§ 2, 50; Shan. Supp., § 3608a192; mod. Code 1932, § 6896; Acts 1973, ch. 379, § 12; 1978, ch. 759, § 2; impl. am. Acts 1980, ch. 534, § 1; T.C.A. (orig. ed.), § 50-1206; Acts 1989, ch. 591, § 113; 1999, ch. 520, § 41; 2000, ch. 852, § 16; 2013, ch. 282, § 1; 2015, ch. 341, § 15.
Tenn. Code Ann. § 50-6-119 — TN Code / Title 50 / Chapter 6 / Section 50-6-119
Information awareness program
Status: in_force

(a) In order to provide greater awareness among employers and employees of the rights and obligations of the workers' compensation laws, the bureau of workers' compensation shall institute an information awareness program. The program shall: (1) Involve a statewide effort to consult with employers on the actions required; (2) Provide that employers with frequent incidents of injuries be targeted for referral to appropriate agencies on accident prevention; (3) Provide education and information aimed at preventing disputes and delays in the processing of claims, through the use of speakers' seminars and conferences; (4) Provide a system to communicate developments in the law to interested groups; (5) Provide injured employees with complete information on their rights to compensation and day-to-day assistance with problems on their claims; (6) Develop general informational literature and audio-visual aids for both employees and employers; and (7) Provide a toll-free number for employers and employees to receive information from and ask questions of the department. (b) Any publications for distribution under this section must be published in accordance with the rules, regulations, policies and procedures of the state publications committee. Acts 1985, ch. 393, § 19; 1990, ch. 1024, § 29; 1999, ch. 520, § 41.
(a) In order to provide greater awareness among employers and employees of the rights and obligations of the workers' compensation laws, the bureau of workers' compensation shall institute an information awareness program. The program shall: (1) Involve a statewide effort to consult with employers on the actions required; (2) Provide that employers with frequent incidents of injuries be targeted for referral to appropriate agencies on accident prevention; (3) Provide education and information aimed at preventing disputes and delays in the processing of claims, through the use of speakers' seminars and conferences; (4) Provide a system to communicate developments in the law to interested groups; (5) Provide injured employees with complete information on their rights to compensation and day-to-day assistance with problems on their claims; (6) Develop general informational literature and audio-visual aids for both employees and employers; and (7) Provide a toll-free number for employers and employees to receive information from and ask questions of the department.
(1) Involve a statewide effort to consult with employers on the actions required;
(2) Provide that employers with frequent incidents of injuries be targeted for referral to appropriate agencies on accident prevention;
(3) Provide education and information aimed at preventing disputes and delays in the processing of claims, through the use of speakers' seminars and conferences;
(4) Provide a system to communicate developments in the law to interested groups;
(5) Provide injured employees with complete information on their rights to compensation and day-to-day assistance with problems on their claims;
(6) Develop general informational literature and audio-visual aids for both employees and employers; and
(7) Provide a toll-free number for employers and employees to receive information from and ask questions of the department.
(b) Any publications for distribution under this section must be published in accordance with the rules, regulations, policies and procedures of the state publications committee.
Acts 1985, ch. 393, § 19; 1990, ch. 1024, § 29; 1999, ch. 520, § 41.
Tenn. Code Ann. § 50-3-916 — TN Code / Title 50 / Chapter 3 / Section 50-3-916
Minimizing report burden
Status: in_force

(a) Records and reports required by this chapter shall be obtained with a minimum burden on employers, especially those operating small businesses. (b) Unnecessary duplication will be avoided by encouraging and approving the use of existing substitute records for those required under §§ 50-3-701 and 50-3-702 to the maximum extent possible. Acts 1972, ch. 561, § 22; 1974, ch. 585, § 37; T.C.A., § 50-577.
(a) Records and reports required by this chapter shall be obtained with a minimum burden on employers, especially those operating small businesses.
(b) Unnecessary duplication will be avoided by encouraging and approving the use of existing substitute records for those required under §§ 50-3-701 and 50-3-702 to the maximum extent possible.
Acts 1972, ch. 561, § 22; 1974, ch. 585, § 37; T.C.A., § 50-577.
Tenn. Code Ann. § 50-6-301 — TN Code / Title 50 / Chapter 6 / Section 50-6-301
Reserved
Status: repealed

Repealed by 2013 Tenn. Acts, ch. 289, s 93, eff. 7/1/2014. Acts 1947, ch. 139, § 1; C. Supp. 1950, § 6852; Acts 1959, ch. 172, § 12; 1969, ch. 60, § 1; 1971, ch. 134, § 5; 1973, ch. 122, § 1; 1977, ch. 339, §§ 2, 5; impl. am. Acts 1980, ch. 534, § 1; T.C.A. (orig. ed.), § 50-1101; Acts 2011 , ch. 416, § 9.
Repealed by 2013 Tenn. Acts, ch. 289, s 93, eff. 7/1/2014.
Acts 1947, ch. 139, § 1; C. Supp. 1950, § 6852; Acts 1959, ch. 172, § 12; 1969, ch. 60, § 1; 1971, ch. 134, § 5; 1973, ch. 122, § 1; 1977, ch. 339, §§ 2, 5; impl. am. Acts 1980, ch. 534, § 1; T.C.A. (orig. ed.), § 50-1101; Acts 2011 , ch. 416, § 9.
Tenn. Code Ann. § 50-6-916 — TN Code / Title 50 / Chapter 6 / Section 50-6-916
Contractor may require a certificate of workers' compensation insurance
Status: in_force

Nothing in this part shall be construed as preventing or prohibiting any contractor from requiring a certificate of workers' compensation insurance from any of its subcontractors or any construction services providers providing services to such contractor. Acts 2010, ch. 1149, § 13.
Nothing in this part shall be construed as preventing or prohibiting any contractor from requiring a certificate of workers' compensation insurance from any of its subcontractors or any construction services providers providing services to such contractor.
Acts 2010, ch. 1149, § 13.
Tenn. Code Ann. § 50-6-702 — TN Code / Title 50 / Chapter 6 / Section 50-6-702
Authorization to enter interlocal agreements - General assembly findings
Status: in_force

(a) For the purpose of insuring or self-insuring the obligations and liabilities under this chapter, municipal utilities and electric cooperatives are authorized to enter into interlocal agreements to pool their liabilities pursuant to § 29-20-401 , as if each electric cooperative were a governmental entity for purposes of § 29-20-401 , and as if each cooperative were a public agency for purposes of title 12, chapter 9, and under which the interlocal agreement is administered by an association captive insurance company or any of its affiliates or subsidiaries. An interlocal arrangement that is administered by an association captive insurance company may also provide for the insuring or self-insuring of obligations and liabilities arising under the federal Longshoremen's and Harbor Workers' Compensation Act ( 33 U.S.C. §§ 901 - 950 ), as long as the company has obtained any necessary approvals by the appropriate federal agencies. (b) The general assembly finds and determines that participation in the interlocal agreements by electric cooperatives and municipal utilities provides a mutual benefit to help reduce the expense of operations of municipal utilities and electric cooperatives and hence reduces the cost of electricity for the citizens of the state, and finds that all contributions of financial and administrative resources and associated costs and expenses made by a municipal utility pursuant to an interlocal agreement, as authorized in this part, are made for a public and governmental purpose, and that the contributions benefit the contributing municipal utilities. To the extent that the interlocal agreements provide for the respective parties to indemnify or hold harmless each other from certain liabilities arising out of participation in the pooling agreement, the provisions are authorized in accordance with the findings of the general assembly. Acts 1995, ch. 488, § 2; 2010 , ch. 848, § 1.
(a) For the purpose of insuring or self-insuring the obligations and liabilities under this chapter, municipal utilities and electric cooperatives are authorized to enter into interlocal agreements to pool their liabilities pursuant to § 29-20-401 , as if each electric cooperative were a governmental entity for purposes of § 29-20-401 , and as if each cooperative were a public agency for purposes of title 12, chapter 9, and under which the interlocal agreement is administered by an association captive insurance company or any of its affiliates or subsidiaries. An interlocal arrangement that is administered by an association captive insurance company may also provide for the insuring or self-insuring of obligations and liabilities arising under the federal Longshoremen's and Harbor Workers' Compensation Act ( 33 U.S.C. §§ 901 - 950 ), as long as the company has obtained any necessary approvals by the appropriate federal agencies.
(b) The general assembly finds and determines that participation in the interlocal agreements by electric cooperatives and municipal utilities provides a mutual benefit to help reduce the expense of operations of municipal utilities and electric cooperatives and hence reduces the cost of electricity for the citizens of the state, and finds that all contributions of financial and administrative resources and associated costs and expenses made by a municipal utility pursuant to an interlocal agreement, as authorized in this part, are made for a public and governmental purpose, and that the contributions benefit the contributing municipal utilities. To the extent that the interlocal agreements provide for the respective parties to indemnify or hold harmless each other from certain liabilities arising out of participation in the pooling agreement, the provisions are authorized in accordance with the findings of the general assembly.
Acts 1995, ch. 488, § 2; 2010 , ch. 848, § 1.
Tenn. Code Ann. § 50-6-224 — TN Code / Title 50 / Chapter 6 / Section 50-6-224
Reserved
Status: repealed

Repealed by 2013 Tenn. Acts, ch. 289, s 59, eff. 7/1/2014. Acts 1919, ch. 123, § 31; Shan. Supp., § 3608a182; Acts 1927, ch. 40, § 4; Code 1932, § 6884; Acts 1947, ch. 139, § 11; C. Supp. 1950, § 6884; impl. am. Acts 1980, ch. 534, § 1; T.C.A. (orig. ed.), § 50-1017; Acts 1999, ch. 520, § 41; 2004, ch. 962, § 15.
Repealed by 2013 Tenn. Acts, ch. 289, s 59, eff. 7/1/2014.
Acts 1919, ch. 123, § 31; Shan. Supp., § 3608a182; Acts 1927, ch. 40, § 4; Code 1932, § 6884; Acts 1947, ch. 139, § 11; C. Supp. 1950, § 6884; impl. am. Acts 1980, ch. 534, § 1; T.C.A. (orig. ed.), § 50-1017; Acts 1999, ch. 520, § 41; 2004, ch. 962, § 15.
Tenn. Code Ann. § 50-1-107 — TN Code / Title 50 / Chapter 1 / Section 50-1-107
Veterans preference
Status: in_force

(a) A private employer may adopt an employment policy that gives preference in hiring to: (1) An honorably discharged veteran; (2) The spouse of a veteran with a service-connected disability; (3) The unremarried widow or widower of a veteran who died of a service-connected disability; or (4) The unremarried widow or widower of a member of the United States armed forces who died in the line of duty. (b) A private employer adopting a veterans preference shall have the policy in writing and may require submission of a certificate of release or discharge from active duty, department of defense form 214 (DD 214), as proof of eligibility for the veterans preference employment policy. (c) A policy adopted pursuant to subsection (a) must be applied uniformly to employment decisions regarding hiring and promotion. (d) The preferences authorized by this section are not considered violations of any state or local equal employment opportunity law. (e) Nothing in this section requires a private employer to provide a preference in hiring to any of the persons listed in subsection (a). Amended by 2017 Tenn. Acts, ch. 271,s 1, eff. 5/4/2017. Added by 2017 Tenn. Acts, ch. 9,s 1, eff. 3/22/2017.
(a) A private employer may adopt an employment policy that gives preference in hiring to: (1) An honorably discharged veteran; (2) The spouse of a veteran with a service-connected disability; (3) The unremarried widow or widower of a veteran who died of a service-connected disability; or (4) The unremarried widow or widower of a member of the United States armed forces who died in the line of duty.
(1) An honorably discharged veteran;
(2) The spouse of a veteran with a service-connected disability;
(3) The unremarried widow or widower of a veteran who died of a service-connected disability; or
(4) The unremarried widow or widower of a member of the United States armed forces who died in the line of duty.
(b) A private employer adopting a veterans preference shall have the policy in writing and may require submission of a certificate of release or discharge from active duty, department of defense form 214 (DD 214), as proof of eligibility for the veterans preference employment policy.
(c) A policy adopted pursuant to subsection (a) must be applied uniformly to employment decisions regarding hiring and promotion.
(d) The preferences authorized by this section are not considered violations of any state or local equal employment opportunity law.
(e) Nothing in this section requires a private employer to provide a preference in hiring to any of the persons listed in subsection (a).
Amended by 2017 Tenn. Acts, ch. 271,s 1, eff. 5/4/2017.
Added by 2017 Tenn. Acts, ch. 9,s 1, eff. 3/22/2017.
Tenn. Code Ann. § 50-5-201 — TN Code / Title 50 / Chapter 5 / Section 50-5-201
Short title
Status: in_force

This part shall be known and may be cited as the "Tennessee Protection of Minor Performers Act." Acts 2003, ch. 168, § 1.
This part shall be known and may be cited as the "Tennessee Protection of Minor Performers Act."
Acts 2003, ch. 168, § 1.
Tenn. Code Ann. § 50-3-915 — TN Code / Title 50 / Chapter 3 / Section 50-3-915
Compliance with chapter - Relation of chapter to other laws
Status: in_force

(a) Compliance with any other state law that regulates safety and health in employment and places of employment shall not excuse any employer or employee or any other person from compliance with this chapter or any standard or regulation promulgated pursuant to this chapter. (b) Compliance with this chapter or any standard or regulation promulgated pursuant to this chapter shall not excuse any employer or employee or any other person from compliance with any state law regulating and promoting safety and health unless the state law is specifically repealed by this chapter or is repealed by subsequent legislation pursuant to this chapter. Acts 1972, ch. 561, § 21; 1974, ch. 585, § 37; T.C.A., § 50-576.
(a) Compliance with any other state law that regulates safety and health in employment and places of employment shall not excuse any employer or employee or any other person from compliance with this chapter or any standard or regulation promulgated pursuant to this chapter.
(b) Compliance with this chapter or any standard or regulation promulgated pursuant to this chapter shall not excuse any employer or employee or any other person from compliance with any state law regulating and promoting safety and health unless the state law is specifically repealed by this chapter or is repealed by subsequent legislation pursuant to this chapter.
Acts 1972, ch. 561, § 21; 1974, ch. 585, § 37; T.C.A., § 50-576.
Tenn. Code Ann. § 50-5-108 — TN Code / Title 50 / Chapter 5 / Section 50-5-108
Special exemptions
Status: in_force

(a) The commissioner may consider and grant special exemptions submitted in writing by the minor and the minor's parents or guardian from this part if it is found that to do so would be in the best interest of the minor involved, and present no danger to the life, health or safety, or schooling of the minor. (b) (1) Before granting a special exemption, the commissioner shall investigate and determine from all pertinent data available that there is reasonable cause to believe that the exemption is in the best interests of the minor. (2) If the commissioner finds that the minor is entitled to a special exemption, the commissioner will immediately report, in writing, the commissioner's findings and reasons for granting the special exemption, to the director of schools in the county in which the minor resides. (c) Failure by the commissioner to grant a special exemption within ten (10) days of submission shall be considered a refusal. (d) (1) When a special exemption has been refused, the commissioner shall, upon demand made within five (5) days after the refusal, furnish the minor and the minor's parents or guardian with a written statement of the reasons for the refusal. (2) This written statement shall be furnished by the commissioner within ten (10) days of the commissioner's receipt of the demand by the minor and the minor's parents or guardian. (e) (1) Within ten (10) days after the receipt of the statement by the commissioner, the minor and the minor's parents or guardian may petition the court having jurisdiction over juvenile matters in the county in which the minor resides for an order directing the commissioner to grant a special exemption. (2) The petition shall state the reasons why the court should issue an order, and the petitioner shall attach to the petition the statement of the commissioner obtained pursuant to subsection (d). (f) (1) The court shall hold a hearing and receive further testimony and evidence it deems necessary. (2) If the court finds that the issuance or reissuance of a permit is in the best interest of the minor, it shall grant the petition. Acts 1976, ch. 480, § 9; 1978, ch. 541, § 5; T.C.A., § 50-709.
(a) The commissioner may consider and grant special exemptions submitted in writing by the minor and the minor's parents or guardian from this part if it is found that to do so would be in the best interest of the minor involved, and present no danger to the life, health or safety, or schooling of the minor.
(b) (1) Before granting a special exemption, the commissioner shall investigate and determine from all pertinent data available that there is reasonable cause to believe that the exemption is in the best interests of the minor. (2) If the commissioner finds that the minor is entitled to a special exemption, the commissioner will immediately report, in writing, the commissioner's findings and reasons for granting the special exemption, to the director of schools in the county in which the minor resides.
(1) Before granting a special exemption, the commissioner shall investigate and determine from all pertinent data available that there is reasonable cause to believe that the exemption is in the best interests of the minor.
(2) If the commissioner finds that the minor is entitled to a special exemption, the commissioner will immediately report, in writing, the commissioner's findings and reasons for granting the special exemption, to the director of schools in the county in which the minor resides.
(c) Failure by the commissioner to grant a special exemption within ten (10) days of submission shall be considered a refusal.
(d) (1) When a special exemption has been refused, the commissioner shall, upon demand made within five (5) days after the refusal, furnish the minor and the minor's parents or guardian with a written statement of the reasons for the refusal. (2) This written statement shall be furnished by the commissioner within ten (10) days of the commissioner's receipt of the demand by the minor and the minor's parents or guardian.
(1) When a special exemption has been refused, the commissioner shall, upon demand made within five (5) days after the refusal, furnish the minor and the minor's parents or guardian with a written statement of the reasons for the refusal.
(2) This written statement shall be furnished by the commissioner within ten (10) days of the commissioner's receipt of the demand by the minor and the minor's parents or guardian.
(e) (1) Within ten (10) days after the receipt of the statement by the commissioner, the minor and the minor's parents or guardian may petition the court having jurisdiction over juvenile matters in the county in which the minor resides for an order directing the commissioner to grant a special exemption. (2) The petition shall state the reasons why the court should issue an order, and the petitioner shall attach to the petition the statement of the commissioner obtained pursuant to subsection (d).
(1) Within ten (10) days after the receipt of the statement by the commissioner, the minor and the minor's parents or guardian may petition the court having jurisdiction over juvenile matters in the county in which the minor resides for an order directing the commissioner to grant a special exemption.
(2) The petition shall state the reasons why the court should issue an order, and the petitioner shall attach to the petition the statement of the commissioner obtained pursuant to subsection (d).
(f) (1) The court shall hold a hearing and receive further testimony and evidence it deems necessary. (2) If the court finds that the issuance or reissuance of a permit is in the best interest of the minor, it shall grant the petition.
(1) The court shall hold a hearing and receive further testimony and evidence it deems necessary.
(2) If the court finds that the issuance or reissuance of a permit is in the best interest of the minor, it shall grant the petition.
Acts 1976, ch. 480, § 9; 1978, ch. 541, § 5; T.C.A., § 50-709.
Tenn. Code Ann. § 50-7-210 — TN Code / Title 50 / Chapter 7 / Section 50-7-210
"State" and "United States" defined
Status: in_force

For the purposes of this chapter: (1) "State" includes the states of the United States, the District of Columbia, the Commonwealth of Puerto Rico and the Virgin Islands; and (2) "United States," when used in a geographical sense, includes the states, the District of Columbia, the Commonwealth of Puerto Rico and the Virgin Islands. Acts 1947, ch. 29, § 2; C. Supp. 1950, § 6901.2 (Williams, § 6901.26); Acts 1961, ch. 70, § 2; 1977, ch. 330, § 10; T.C.A. (orig. ed.), § 50-1312; Acts 1993, ch. 194, § 8.
For the purposes of this chapter:
(1) "State" includes the states of the United States, the District of Columbia, the Commonwealth of Puerto Rico and the Virgin Islands; and
(2) "United States," when used in a geographical sense, includes the states, the District of Columbia, the Commonwealth of Puerto Rico and the Virgin Islands.
Acts 1947, ch. 29, § 2; C. Supp. 1950, § 6901.2 (Williams, § 6901.26); Acts 1961, ch. 70, § 2; 1977, ch. 330, § 10; T.C.A. (orig. ed.), § 50-1312; Acts 1993, ch. 194, § 8.
Tenn. Code Ann. § 50-7-212 — TN Code / Title 50 / Chapter 7 / Section 50-7-212
"Unemployment compensation administration fund" defined
Status: in_force

"Unemployment compensation administration fund" means the unemployment compensation administration fund established by this chapter, from which regular administrative expenses under this chapter shall be paid. Acts 1947, ch. 29, § 2; C. Supp. 1950, § 6901.2 (Williams, § 6901.26); T.C.A. (orig. ed.), § 50-1314.
"Unemployment compensation administration fund" means the unemployment compensation administration fund established by this chapter, from which regular administrative expenses under this chapter shall be paid.
Acts 1947, ch. 29, § 2; C. Supp. 1950, § 6901.2 (Williams, § 6901.26); T.C.A. (orig. ed.), § 50-1314.
Tenn. Code Ann. § 50-5-221 — TN Code / Title 50 / Chapter 5 / Section 50-5-221
Court's review of contract - Protection of earnings
Status: in_force

(a) The court shall ensure that any contract it approves contains all the requirements for the rendering of services of the minor and that the petition includes a plan for the protection of earnings under the contract. (b) The court shall consider the following when determining the protection of earnings: (1) The interest of the petitioner in the contract or proposed contract or in the minor's performance under the contract; (2) The parties who are entitled to the minor's earnings, and, if the minor is not so entitled, facts regarding the property and financial circumstances of the parent or parents, or legal custodian or guardian ad litem, or other third party; (3) A bank or trust account used expressly for the deposit of fees generated under the contract and the relationship of any proposed trustee of the minor's funds; (4) The percentage of fees generated that are intended for deposit; and (5) The minor's financial advisor or other third party who will render investment advice and administer the bank or trust account. (c) Notwithstanding any provision to the contrary, the creditors of any person, other than the minor, shall not be entitled to the earnings of the minor. Acts 2003, ch. 168, § 1.
(a) The court shall ensure that any contract it approves contains all the requirements for the rendering of services of the minor and that the petition includes a plan for the protection of earnings under the contract.
(b) The court shall consider the following when determining the protection of earnings: (1) The interest of the petitioner in the contract or proposed contract or in the minor's performance under the contract; (2) The parties who are entitled to the minor's earnings, and, if the minor is not so entitled, facts regarding the property and financial circumstances of the parent or parents, or legal custodian or guardian ad litem, or other third party; (3) A bank or trust account used expressly for the deposit of fees generated under the contract and the relationship of any proposed trustee of the minor's funds; (4) The percentage of fees generated that are intended for deposit; and (5) The minor's financial advisor or other third party who will render investment advice and administer the bank or trust account.
(1) The interest of the petitioner in the contract or proposed contract or in the minor's performance under the contract;
(2) The parties who are entitled to the minor's earnings, and, if the minor is not so entitled, facts regarding the property and financial circumstances of the parent or parents, or legal custodian or guardian ad litem, or other third party;
(3) A bank or trust account used expressly for the deposit of fees generated under the contract and the relationship of any proposed trustee of the minor's funds;
(4) The percentage of fees generated that are intended for deposit; and
(5) The minor's financial advisor or other third party who will render investment advice and administer the bank or trust account.
(c) Notwithstanding any provision to the contrary, the creditors of any person, other than the minor, shall not be entitled to the earnings of the minor.
Acts 2003, ch. 168, § 1.
Tenn. Code Ann. § 50-8-103 — TN Code / Title 50 / Chapter 8 / Section 50-8-103
Applicability of chapter
Status: in_force

Nothing in this chapter applies to: (1) A transportation network company, as defined in § 65-15-301 ; or (2) A construction services provider, as defined in § 50-6-901 . Acts 2018, ch. 648, § 1.
Nothing in this chapter applies to:
(1) A transportation network company, as defined in § 65-15-301 ; or
(2) A construction services provider, as defined in § 50-6-901 .
Acts 2018, ch. 648, § 1.
Tenn. Code Ann. § 50-3-918 — TN Code / Title 50 / Chapter 3 / Section 50-3-918
Hazardous condition - Action by commissioner - Emergency stop orders
Status: in_force

(a) If the commissioner of labor and workforce development, upon inspection or investigation, finds a hazardous condition at a place of employment that presents an imminent threat to life or limb of an employee, the commissioner may issue an emergency stop order requiring the immediate alleviation of the condition. This may require the discontinuation of a practice or the removal of all individuals from the threatened area. The stop order shall be in writing and is effective from the time it is posted in the place where the condition exists. Immediately after the order is posted, a copy shall be given to the employer. The commissioner shall fix a place and time, not later than twenty-four (24) hours thereafter, for a hearing to be held before the commissioner. Not more than twenty-four (24) hours after the start of the hearing, and without adjournment of the hearing, the commissioner shall affirm, modify or set aside the commissioner's previous order. The commissioner shall cause a transcript to be made of the proceedings in the hearing, copies of which shall be made available to all parties affected, at a reasonable cost. (b) The action taken by the commissioner shall be subject to review by the chancery or circuit court of the county in which the condition is found to exist, upon petition for certiorari in the manner now provided for review of actions of boards and commissions in title 27, chapter 9. The review shall take precedence over all other matters on the docket except application for extraordinary process. Upon petition for certiorari, the stop order may be vacated by the reviewing court upon the giving of a bond as the court may find appropriate in the circumstances by the party seeking review. (c) Should the commissioner fail to abide by the provision for affirming, modifying or setting aside of the commissioner's order, any work or project halted by the stop order may resume, it being the legislative intent that the stop order shall not serve to be a device to be used arbitrarily. Acts 1973, ch. 29, §§ 1, 2; 1977, ch. 111, § 43; impl. am. Acts 1977, ch. 111, § 44; T.C.A., § 50-579; Acts 1999, ch. 520, § 41.
(a) If the commissioner of labor and workforce development, upon inspection or investigation, finds a hazardous condition at a place of employment that presents an imminent threat to life or limb of an employee, the commissioner may issue an emergency stop order requiring the immediate alleviation of the condition. This may require the discontinuation of a practice or the removal of all individuals from the threatened area. The stop order shall be in writing and is effective from the time it is posted in the place where the condition exists. Immediately after the order is posted, a copy shall be given to the employer. The commissioner shall fix a place and time, not later than twenty-four (24) hours thereafter, for a hearing to be held before the commissioner. Not more than twenty-four (24) hours after the start of the hearing, and without adjournment of the hearing, the commissioner shall affirm, modify or set aside the commissioner's previous order. The commissioner shall cause a transcript to be made of the proceedings in the hearing, copies of which shall be made available to all parties affected, at a reasonable cost.
(b) The action taken by the commissioner shall be subject to review by the chancery or circuit court of the county in which the condition is found to exist, upon petition for certiorari in the manner now provided for review of actions of boards and commissions in title 27, chapter 9. The review shall take precedence over all other matters on the docket except application for extraordinary process. Upon petition for certiorari, the stop order may be vacated by the reviewing court upon the giving of a bond as the court may find appropriate in the circumstances by the party seeking review.
(c) Should the commissioner fail to abide by the provision for affirming, modifying or setting aside of the commissioner's order, any work or project halted by the stop order may resume, it being the legislative intent that the stop order shall not serve to be a device to be used arbitrarily.
Acts 1973, ch. 29, §§ 1, 2; 1977, ch. 111, § 43; impl. am. Acts 1977, ch. 111, § 44; T.C.A., § 50-579; Acts 1999, ch. 520, § 41.
Tenn. Code Ann. § 50-7-911 — TN Code / Title 50 / Chapter 7 / Section 50-7-911
Entitlement to benefits
Status: in_force

(a) If an individual works in the same week for an employer other than the shared work employer, and the individual's combined hours of work for both employers are greater than ninety percent (90%) of the normal hours of work with the shared work employer, then the individual is not entitled to benefits under the shared work provisions of this part or the unemployment benefits provisions of this chapter. (b) (1) If an individual works in the same week for both the shared work employer and another employer and the individual's combined hours of work for both employers are equal to or less than ninety percent (90%) of the usual hours of work for the shared work employer, then the benefit amount payable for that week is the weekly unemployment benefits amount reduced by the same percentage that the combined hours are of the usual hours of work. (2) A week for which benefits are paid under this section counts as a week of shared work benefits. (c) If an individual, with the approval of the employer, did not work during any portion of the workweek, other than the reduced portion covered by the shared work plan, then the individual is not disqualified for the absence or deemed ineligible for shared work benefits for that reason alone. (d) An individual who performs no services during a week for the shared work employer and is otherwise eligible is paid the full weekly unemployment benefit amount. Such week is not counted as a week with respect to which shared work benefits were received. (e) An individual who does not work for the shared work employer during a week, but works for another employer and is otherwise eligible, is paid benefits for that week under the partial unemployment benefits provisions of this chapter. Such week is not counted as a week with respect to which shared work benefits were received. Added by 2022 Tenn. Acts, ch. 1086, s 1, eff. 12/1/2023.
(a) If an individual works in the same week for an employer other than the shared work employer, and the individual's combined hours of work for both employers are greater than ninety percent (90%) of the normal hours of work with the shared work employer, then the individual is not entitled to benefits under the shared work provisions of this part or the unemployment benefits provisions of this chapter.
(b) (1) If an individual works in the same week for both the shared work employer and another employer and the individual's combined hours of work for both employers are equal to or less than ninety percent (90%) of the usual hours of work for the shared work employer, then the benefit amount payable for that week is the weekly unemployment benefits amount reduced by the same percentage that the combined hours are of the usual hours of work. (2) A week for which benefits are paid under this section counts as a week of shared work benefits.
(1) If an individual works in the same week for both the shared work employer and another employer and the individual's combined hours of work for both employers are equal to or less than ninety percent (90%) of the usual hours of work for the shared work employer, then the benefit amount payable for that week is the weekly unemployment benefits amount reduced by the same percentage that the combined hours are of the usual hours of work.
(2) A week for which benefits are paid under this section counts as a week of shared work benefits.
(c) If an individual, with the approval of the employer, did not work during any portion of the workweek, other than the reduced portion covered by the shared work plan, then the individual is not disqualified for the absence or deemed ineligible for shared work benefits for that reason alone.
(d) An individual who performs no services during a week for the shared work employer and is otherwise eligible is paid the full weekly unemployment benefit amount. Such week is not counted as a week with respect to which shared work benefits were received.
(e) An individual who does not work for the shared work employer during a week, but works for another employer and is otherwise eligible, is paid benefits for that week under the partial unemployment benefits provisions of this chapter. Such week is not counted as a week with respect to which shared work benefits were received.
Added by 2022 Tenn. Acts, ch. 1086, s 1, eff. 12/1/2023.
Tenn. Code Ann. § 50-6-306 — TN Code / Title 50 / Chapter 6 / Section 50-6-306
Statute of limitations
Status: in_force

(a) The right to compensation for an occupational disease or a claim for death benefits as a result of an occupational disease shall be forever barred, unless a claim is initiated pursuant to § 50-6-203 ; provided, however, that the applicable time limitation period or periods shall commence as of the date of the beginning of the incapacity for work resulting from an occupational disease or upon the date death results from the occupational disease; provided, further, that if upon the date of the death of the employee the employee's claim has become barred, the claim of the employee's dependent or dependents shall likewise be barred, and in that case the claim shall be barred whether or not the employer gives the notice required by § 50-6-224(2) [Applicable only to injuries occurring prior to July 1, 2014. See the Compiler's Notes.]. (b) A claim for benefits or death due to coal worker's pneumoconiosis shall be timely filed if the claim is instituted pursuant to § 50-6-203 within three (3) years of the discovery of total disability or the date of death, as the case may be. Acts 1947, ch. 139, § 1; C. Supp. 1950, § 6852; Acts 1971, ch. 300, § 7; T.C.A. (orig. ed.), § 50-1108; Acts 2004, ch. 962, § 21.
(a) The right to compensation for an occupational disease or a claim for death benefits as a result of an occupational disease shall be forever barred, unless a claim is initiated pursuant to § 50-6-203 ; provided, however, that the applicable time limitation period or periods shall commence as of the date of the beginning of the incapacity for work resulting from an occupational disease or upon the date death results from the occupational disease; provided, further, that if upon the date of the death of the employee the employee's claim has become barred, the claim of the employee's dependent or dependents shall likewise be barred, and in that case the claim shall be barred whether or not the employer gives the notice required by § 50-6-224(2) [Applicable only to injuries occurring prior to July 1, 2014. See the Compiler's Notes.].
(b) A claim for benefits or death due to coal worker's pneumoconiosis shall be timely filed if the claim is instituted pursuant to § 50-6-203 within three (3) years of the discovery of total disability or the date of death, as the case may be.
Acts 1947, ch. 139, § 1; C. Supp. 1950, § 6852; Acts 1971, ch. 300, § 7; T.C.A. (orig. ed.), § 50-1108; Acts 2004, ch. 962, § 21.
Tenn. Code Ann. § 50-7-103 — TN Code / Title 50 / Chapter 7 / Section 50-7-103
Saving clause
Status: in_force

(a) The general assembly reserves the right to amend or repeal all, or any part of, this chapter at any time; and there shall be no vested private right of any kind against the amendment or repeal. (b) All the rights, privileges or immunities conferred hereby or by acts done pursuant thereto shall exist subject to the power of the general assembly to amend or repeal this chapter at any time. Acts 1947, ch. 29, § 19; C. Supp. 1950, § 6901.19 (Williams, § 6901.43); T.C.A. (orig. ed.), § 50-1357.
(a) The general assembly reserves the right to amend or repeal all, or any part of, this chapter at any time; and there shall be no vested private right of any kind against the amendment or repeal.
(b) All the rights, privileges or immunities conferred hereby or by acts done pursuant thereto shall exist subject to the power of the general assembly to amend or repeal this chapter at any time.
Acts 1947, ch. 29, § 19; C. Supp. 1950, § 6901.19 (Williams, § 6901.43); T.C.A. (orig. ed.), § 50-1357.
Tenn. Code Ann. § 50-3-604 — TN Code / Title 50 / Chapter 3 / Section 50-3-604
Temporary variances - Applications
Status: in_force

An application for a temporary variance shall contain: (1) A specification of the standard or portion of the standard from which the employer seeks a variance; (2) A detailed statement of the reasons why the employer is unable to comply with the standard, supported by representations by qualified personnel having firsthand knowledge of the facts represented; (3) A statement of the steps the employer has taken and will take with specified dates, to protect employees against the hazard covered by the standard; (4) A statement of when the employer expects to comply and what steps the employer has taken or will take with specified dates to come into compliance with the standard; and (5) A certification that the employer has informed the employer's employees of the application by giving a copy of it to their authorized representatives, posting a statement summarizing the application, to include the location of a copy available for examination, at the places where employee notices are normally posted and by other appropriate means. The certification shall contain a description of the means actually employed to inform employees and that employees have been informed of their right to petition the commissioner for a hearing. Acts 1972, ch. 561, § 13; 1974, ch. 585, § 36; T.C.A., § 50-549.
An application for a temporary variance shall contain:
(1) A specification of the standard or portion of the standard from which the employer seeks a variance;
(2) A detailed statement of the reasons why the employer is unable to comply with the standard, supported by representations by qualified personnel having firsthand knowledge of the facts represented;
(3) A statement of the steps the employer has taken and will take with specified dates, to protect employees against the hazard covered by the standard;
(4) A statement of when the employer expects to comply and what steps the employer has taken or will take with specified dates to come into compliance with the standard; and
(5) A certification that the employer has informed the employer's employees of the application by giving a copy of it to their authorized representatives, posting a statement summarizing the application, to include the location of a copy available for examination, at the places where employee notices are normally posted and by other appropriate means. The certification shall contain a description of the means actually employed to inform employees and that employees have been informed of their right to petition the commissioner for a hearing.
Acts 1972, ch. 561, § 13; 1974, ch. 585, § 36; T.C.A., § 50-549.
Tenn. Code Ann. § 50-6-905-d-1 — TN Code / Title 50 / Chapter 6 / Section 50-6-905-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 9 - CONSTRUCTION SERVICES PROVIDERS (§§ 50-6-901 — 50-6-921) Section 50-6-905 - [Effective 7/1/2029] Filing of application - Issuance of notice - Publication on registry - Correction of documents filed with bureau of workers' compensation - Address and change of address - Fine
Status: in_force

(a) If a construction services provider's application delivered to the bureau of workers' compensation meets the requirements of this part, as determined by the bureau of workers' compensation, the bureau of workers' compensation shall file the application and: (1) Issue a notice to such provider that the provider is listed on the registry; and (2) Publish on the registry, contained on the bureau of workers' compensation's website, the provider's name and other identifying information, including, but not limited to: (A) The full legal name of the provider; (B) The specific identification number issued to the provider by the bureau of workers' compensation upon filing the application; (C) The period in which the provider is exempt, including the date and time in which such exemption expires; and (D) Any other identifying information the bureau of workers' compensation deems necessary for the public to identify such provider. (b) The provider shall not be exempt from the requirement of § 50-6-902(a) until the provider's application is filed by the bureau of workers' compensation and the applicant's name and other identifying information is published on the registry. If a provider's exemption is revoked pursuant to § 50-6-908 , such revocation is effective upon the provider's name and other identifying information no longer appearing on the registry after being removed by the bureau of workers' compensation pursuant to § 50-6-908 . (c) A provider listed on the registry may correct a document filed with the bureau of workers' compensation if the document contains an incorrect statement or was defectively executed, attested, sealed, verified or acknowledged. A document shall be corrected in a manner established by the bureau of workers' compensation. (d) A provider listed on the registry shall maintain a current physical mailing address with the bureau of workers' compensation. A change of address shall be made in a manner established by the bureau of workers' compensation. (e) Any person or representative of an entity who knowingly enters or directs a party to enter false or unauthorized information on a construction services provider's application to the bureau of workers' compensation may be subject to a fine of not less than fifty dollars ($50.00) nor more than five thousand dollars ($5,000) per violation at the discretion of the administrator or administrator's designee. Amended by 2024 Tenn. Acts, ch. 532,s 5, eff. 6/30/2024. Amended by 2021 Tenn. Acts, ch. 189, s 4, eff. 7/1/2021; Section 10 of the Act 2024 Tenn. Acts, ch. 532 as amended by 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 2021 Tenn. Acts, ch. 88, s 3, eff. 1/1/2022. Amended by 2021 Tenn. Acts, ch. 88, s 2, eff. 1/1/2022. Amended by 2017 Tenn. Acts, ch. 344, s 11, eff. 5/9/2017. Acts 2010 , ch. 1149, § 13.
(a) If a construction services provider's application delivered to the bureau of workers' compensation meets the requirements of this part, as determined by the bureau of workers' compensation, the bureau of workers' compensation shall file the application and: (1) Issue a notice to such provider that the provider is listed on the registry; and (2) Publish on the registry, contained on the bureau of workers' compensation's website, the provider's name and other identifying information, including, but not limited to: (A) The full legal name of the provider; (B) The specific identification number issued to the provider by the bureau of workers' compensation upon filing the application; (C) The period in which the provider is exempt, including the date and time in which such exemption expires; and (D) Any other identifying information the bureau of workers' compensation deems necessary for the public to identify such provider.
(1) Issue a notice to such provider that the provider is listed on the registry; and
(2) Publish on the registry, contained on the bureau of workers' compensation's website, the provider's name and other identifying information, including, but not limited to: (A) The full legal name of the provider; (B) The specific identification number issued to the provider by the bureau of workers' compensation upon filing the application; (C) The period in which the provider is exempt, including the date and time in which such exemption expires; and (D) Any other identifying information the bureau of workers' compensation deems necessary for the public to identify such provider.
(A) The full legal name of the provider;
(B) The specific identification number issued to the provider by the bureau of workers' compensation upon filing the application;
(C) The period in which the provider is exempt, including the date and time in which such exemption expires; and
(D) Any other identifying information the bureau of workers' compensation deems necessary for the public to identify such provider.
(b) The provider shall not be exempt from the requirement of § 50-6-902(a) until the provider's application is filed by the bureau of workers' compensation and the applicant's name and other identifying information is published on the registry. If a provider's exemption is revoked pursuant to § 50-6-908 , such revocation is effective upon the provider's name and other identifying information no longer appearing on the registry after being removed by the bureau of workers' compensation pursuant to § 50-6-908 .
(c) A provider listed on the registry may correct a document filed with the bureau of workers' compensation if the document contains an incorrect statement or was defectively executed, attested, sealed, verified or acknowledged. A document shall be corrected in a manner established by the bureau of workers' compensation.
(d) A provider listed on the registry shall maintain a current physical mailing address with the bureau of workers' compensation. A change of address shall be made in a manner established by the bureau of workers' compensation.
(e) Any person or representative of an entity who knowingly enters or directs a party to enter false or unauthorized information on a construction services provider's application to the bureau of workers' compensation may be subject to a fine of not less than fifty dollars ($50.00) nor more than five thousand dollars ($5,000) per violation at the discretion of the administrator or administrator's designee.
Amended by 2024 Tenn. Acts, ch. 532,s 5, eff. 6/30/2024.
Amended by 2021 Tenn. Acts, ch. 189, s 4, eff. 7/1/2021; Section 10 of the Act 2024 Tenn. Acts, ch. 532 as amended by 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 2021 Tenn. Acts, ch. 88, s 3, eff. 1/1/2022.
Amended by 2021 Tenn. Acts, ch. 88, s 2, eff. 1/1/2022.
Amended by 2017 Tenn. Acts, ch. 344, s 11, eff. 5/9/2017.
Acts 2010 , ch. 1149, § 13.
Tenn. Code Ann. § 50-3-1001 — TN Code / Title 50 / Chapter 3 / Section 50-3-1001
Part definitions
Status: in_force

As used in this part, unless the context otherwise requires: (1) "Approved" means approved by the commissioner; (2) "Commissioner" means the commissioner of labor and workforce development or any of the commissioner's authorized representatives; (3) "Department" means the department of labor and workforce development; (4) "High-voltage" means a voltage in excess of seven hundred fifty (750) volts between conductors or from any conductor to ground; and (5) "Overhead lines" means all bare or insulated electrical conductors installed above ground, except those conductors that are enclosed in approved metal covering. Acts 1955, ch. 289, § 1; T.C.A., §§ 53-2801, 68-21-101; Acts 1999, ch. 520, § 46; 2011, ch. 157, § 1; 2012, ch. 681, §§ 1, 4; T.C.A. § 68-103-101 .
As used in this part, unless the context otherwise requires:
(1) "Approved" means approved by the commissioner;
(2) "Commissioner" means the commissioner of labor and workforce development or any of the commissioner's authorized representatives;
(3) "Department" means the department of labor and workforce development;
(4) "High-voltage" means a voltage in excess of seven hundred fifty (750) volts between conductors or from any conductor to ground; and
(5) "Overhead lines" means all bare or insulated electrical conductors installed above ground, except those conductors that are enclosed in approved metal covering.
Acts 1955, ch. 289, § 1; T.C.A., §§ 53-2801, 68-21-101; Acts 1999, ch. 520, § 46; 2011, ch. 157, § 1; 2012, ch. 681, §§ 1, 4; T.C.A. § 68-103-101 .
Tenn. Code Ann. § 50-6-1009 — TN Code / Title 50 / Chapter 6 / Section 50-6-1009
Assessments
Status: in_force

No later than July 1, 2024, and annually thereafter, the association shall assess each of its members a pro rata share of the funding necessary to carry out the purposes of this part. The association shall take any action deemed appropriate to collect any delinquent assessments. Upon payment of the deposit assessment, the employer loses all right, title, and interest in the deposit assessment. Added by 2024 Tenn. Acts, ch. 666,s 1, eff. 4/9/2024.
No later than July 1, 2024, and annually thereafter, the association shall assess each of its members a pro rata share of the funding necessary to carry out the purposes of this part. The association shall take any action deemed appropriate to collect any delinquent assessments. Upon payment of the deposit assessment, the employer loses all right, title, and interest in the deposit assessment.
Added by 2024 Tenn. Acts, ch. 666,s 1, eff. 4/9/2024.
Tenn. Code Ann. § 50-2-101 — TN Code / Title 50 / Chapter 2 / Section 50-2-101
Prospective employee to be informed as to wages - Exceptions - Enforcement
Status: in_force

(a) As used in this section, "workshops and factories" includes manufacturing, mills, mechanical, electrical, mercantile, art, and laundering establishments, printing, telegraph, and telephone offices, department stores, or any kind of establishment where labor is employed or machinery is used; provided, that domestic service and agricultural pursuits are excluded. (b) It is unlawful for any proprietor, foreman, owner or other person to employ, permit or suffer to work for hire, in, about, or in connection with any workshop or factory any person whatsoever without first informing the employee of the amount of wages to be paid for the labor. This shall not apply to farm labor. Nothing in this section shall apply to railroad companies engaged in interstate commerce and subject to the federal Railway Labor Act ( 45 U.S.C. § 151 et seq.). (c) (1) The failure on the part of any proprietor, foreman, owner or other person in charge of any industry named in subsection (a) to inform any employee of the wages to be paid as provided in this section is a Class C misdemeanor. (2) Nothing in this section shall be so construed to preclude the employment of any person or persons on a piece-work basis or on a commission basis. (d) The department of labor and workforce development shall enforce this section. Amended by 2013 Tenn. Acts, ch. 240, Secs.s 1, s 2 eff. 4/23/2013. Acts 1915, ch. 144, § 1; Shan., § 4433a95; Code 1932, § 5324; Acts 1935, ch. 73, §§ 1, 2; C. Supp. 1950, §§ 5330.1, 5330.2; T.C.A. (orig. ed.), §§ 50-301, 50-302; Acts 1989, ch. 591, § 113.
(a) As used in this section, "workshops and factories" includes manufacturing, mills, mechanical, electrical, mercantile, art, and laundering establishments, printing, telegraph, and telephone offices, department stores, or any kind of establishment where labor is employed or machinery is used; provided, that domestic service and agricultural pursuits are excluded.
(b) It is unlawful for any proprietor, foreman, owner or other person to employ, permit or suffer to work for hire, in, about, or in connection with any workshop or factory any person whatsoever without first informing the employee of the amount of wages to be paid for the labor. This shall not apply to farm labor. Nothing in this section shall apply to railroad companies engaged in interstate commerce and subject to the federal Railway Labor Act ( 45 U.S.C. § 151 et seq.).
(c) (1) The failure on the part of any proprietor, foreman, owner or other person in charge of any industry named in subsection (a) to inform any employee of the wages to be paid as provided in this section is a Class C misdemeanor. (2) Nothing in this section shall be so construed to preclude the employment of any person or persons on a piece-work basis or on a commission basis.
(1) The failure on the part of any proprietor, foreman, owner or other person in charge of any industry named in subsection (a) to inform any employee of the wages to be paid as provided in this section is a Class C misdemeanor.
(2) Nothing in this section shall be so construed to preclude the employment of any person or persons on a piece-work basis or on a commission basis.
(d) The department of labor and workforce development shall enforce this section.
Amended by 2013 Tenn. Acts, ch. 240, Secs.s 1, s 2 eff. 4/23/2013.
Acts 1915, ch. 144, § 1; Shan., § 4433a95; Code 1932, § 5324; Acts 1935, ch. 73, §§ 1, 2; C. Supp. 1950, §§ 5330.1, 5330.2; T.C.A. (orig. ed.), §§ 50-301, 50-302; Acts 1989, ch. 591, § 113.
Tenn. Code Ann. § 50-2-202 — TN Code / Title 50 / Chapter 2 / Section 50-2-202
Prohibited acts
Status: in_force

(a) No employer shall discriminate between employees in the same establishment on the basis of sex by paying any employee salary or wage rates less than the rates the employer pays to any employee of the opposite sex for comparable work on jobs the performance of which require comparable skill, effort and responsibility, and that are performed under similar working conditions; however, nothing in this part shall prohibit wage differentials based on a seniority system, a merit system, a system that measures earnings by quality or quantity of production, or any other reasonable differential that is based on a factor other than sex. (b) An employer who is paying a wage differential in violation of this part shall not, in order to comply with this part, reduce the wage rate of any employee. (c) No employer may discharge or discriminate against any employee by reason of any action taken by the employee to invoke or assist in any manner the enforcement of this part. Acts 1974, ch. 757, § 2; T.C.A., § 50-321.
(a) No employer shall discriminate between employees in the same establishment on the basis of sex by paying any employee salary or wage rates less than the rates the employer pays to any employee of the opposite sex for comparable work on jobs the performance of which require comparable skill, effort and responsibility, and that are performed under similar working conditions; however, nothing in this part shall prohibit wage differentials based on a seniority system, a merit system, a system that measures earnings by quality or quantity of production, or any other reasonable differential that is based on a factor other than sex.
(b) An employer who is paying a wage differential in violation of this part shall not, in order to comply with this part, reduce the wage rate of any employee.
(c) No employer may discharge or discriminate against any employee by reason of any action taken by the employee to invoke or assist in any manner the enforcement of this part.
Acts 1974, ch. 757, § 2; T.C.A., § 50-321.
Tenn. Code Ann. § 50-8-104 — TN Code / Title 50 / Chapter 8 / Section 50-8-104
Remittance of tip to marketplace contractor
Status: in_force

If a third party uses a marketplace platform's online-enabled application, software, website, or system to engage the services of a marketplace contractor and the marketplace platform provides an option for third parties to include a tip in connection with the transaction, then the marketplace platform shall remit the tip to the marketplace contractor and shall not retain any amount of a tip or use it to cover the marketplace platform's obligations to the marketplace contractor. Acts 2020, ch. 788, § 1.
If a third party uses a marketplace platform's online-enabled application, software, website, or system to engage the services of a marketplace contractor and the marketplace platform provides an option for third parties to include a tip in connection with the transaction, then the marketplace platform shall remit the tip to the marketplace contractor and shall not retain any amount of a tip or use it to cover the marketplace platform's obligations to the marketplace contractor.
Acts 2020, ch. 788, § 1.
Tenn. Code Ann. § 50-4-101 — TN Code / Title 50 / Chapter 4 / Section 50-4-101
Administrative inspection warrant available to department of labor and workforce development
Status: in_force

In the event that an employee or official of the department of labor and workforce development authorized to conduct inspections is denied permission to make that inspection, and a warrant is required by the constitution of the United States or the state of Tennessee, the employee or official may obtain an administrative inspection warrant in accordance with the procedures outlined in this chapter. Section 39-16-402 and title 40, chapter 6, part 1, do not apply to warrants issued pursuant to this chapter. Acts 1979, ch. 345, § 2; T.C.A., § 50-601; Acts 1996, ch. 675, § 50; 1999, ch. 520, § 41.
In the event that an employee or official of the department of labor and workforce development authorized to conduct inspections is denied permission to make that inspection, and a warrant is required by the constitution of the United States or the state of Tennessee, the employee or official may obtain an administrative inspection warrant in accordance with the procedures outlined in this chapter. Section 39-16-402 and title 40, chapter 6, part 1, do not apply to warrants issued pursuant to this chapter.
Acts 1979, ch. 345, § 2; T.C.A., § 50-601; Acts 1996, ch. 675, § 50; 1999, ch. 520, § 41.
Tenn. Code Ann. § 50-6-415 — TN Code / Title 50 / Chapter 6 / Section 50-6-415
Data collection - Reporting data
Status: in_force

(a) (1) The administrator of the bureau of workers' compensation has the same authority as the commissioner of commerce and insurance to request and obtain relevant information on workers' compensation claims. All workers' compensation insurers or their designated agents, self insurers and the department of commerce and insurance shall report claims information and other relevant workers' compensation data necessary to determine and analyze costs of the system to the administrator of the bureau of workers' compensation or to the agents as the administrator may designate. The administrator may promulgate all reasonable rules and regulations necessary to implement this section in accordance with the Uniform Administrative Procedures Act, compiled in title 4, chapter 5. (2) In promulgating rules concerning data collection, the administrator of the bureau of workers' compensation shall include appropriate elements of the Detailed Claim Information Reporting Model Regulation for Workers' Compensation Insurance issued by the National Association of Insurance Commissioners, and other information the administrator deems necessary. The administrator shall also consult with the advisory council on workers' compensation in defining the information needed to permit management of the system. The administrator shall also report to the commerce and labor committee of the senate and the commerce committee of the house of representatives at the request of the chairs of the committees. (b) The bureau of workers' compensation shall gather, and has the duty to analyze and report, information relevant to the functioning of the workers' compensation system to the advisory council on workers' compensation, the general assembly and the governor. The bureau shall respond to information requests concerning workers' compensation issues from the advisory council on workers' compensation, the general assembly and the governor. (c) The administrator of the workers' compensation bureau shall enforce requests pursuant to this section in the same manner and with the same authority as the commissioner of commerce and insurance possesses with respect to violations of this part and title 56. The administrator shall also notify the principal corporate office of any insurer of any refusal to comply with such requests. The administrator's enforcement authority under this subsection (c) applies only to the administrator's efforts to obtain relevant data as provided in subsections (a) and (b). Acts 1996, ch. 944, § 24; 1998, ch. 1024, § 4; 1999, ch. 520, § 41; 2011, ch. 410, § 10(e); 2013, ch. 236, § 31; 2013, ch. 282, § 1; 2015, ch. 341, § 15; 2021, ch. 64, § 115.
(a) (1) The administrator of the bureau of workers' compensation has the same authority as the commissioner of commerce and insurance to request and obtain relevant information on workers' compensation claims. All workers' compensation insurers or their designated agents, self insurers and the department of commerce and insurance shall report claims information and other relevant workers' compensation data necessary to determine and analyze costs of the system to the administrator of the bureau of workers' compensation or to the agents as the administrator may designate. The administrator may promulgate all reasonable rules and regulations necessary to implement this section in accordance with the Uniform Administrative Procedures Act, compiled in title 4, chapter 5. (2) In promulgating rules concerning data collection, the administrator of the bureau of workers' compensation shall include appropriate elements of the Detailed Claim Information Reporting Model Regulation for Workers' Compensation Insurance issued by the National Association of Insurance Commissioners, and other information the administrator deems necessary. The administrator shall also consult with the advisory council on workers' compensation in defining the information needed to permit management of the system. The administrator shall also report to the commerce and labor committee of the senate and the commerce committee of the house of representatives at the request of the chairs of the committees.
(1) The administrator of the bureau of workers' compensation has the same authority as the commissioner of commerce and insurance to request and obtain relevant information on workers' compensation claims. All workers' compensation insurers or their designated agents, self insurers and the department of commerce and insurance shall report claims information and other relevant workers' compensation data necessary to determine and analyze costs of the system to the administrator of the bureau of workers' compensation or to the agents as the administrator may designate. The administrator may promulgate all reasonable rules and regulations necessary to implement this section in accordance with the Uniform Administrative Procedures Act, compiled in title 4, chapter 5.
(2) In promulgating rules concerning data collection, the administrator of the bureau of workers' compensation shall include appropriate elements of the Detailed Claim Information Reporting Model Regulation for Workers' Compensation Insurance issued by the National Association of Insurance Commissioners, and other information the administrator deems necessary. The administrator shall also consult with the advisory council on workers' compensation in defining the information needed to permit management of the system. The administrator shall also report to the commerce and labor committee of the senate and the commerce committee of the house of representatives at the request of the chairs of the committees.
(b) The bureau of workers' compensation shall gather, and has the duty to analyze and report, information relevant to the functioning of the workers' compensation system to the advisory council on workers' compensation, the general assembly and the governor. The bureau shall respond to information requests concerning workers' compensation issues from the advisory council on workers' compensation, the general assembly and the governor.
(c) The administrator of the workers' compensation bureau shall enforce requests pursuant to this section in the same manner and with the same authority as the commissioner of commerce and insurance possesses with respect to violations of this part and title 56. The administrator shall also notify the principal corporate office of any insurer of any refusal to comply with such requests. The administrator's enforcement authority under this subsection (c) applies only to the administrator's efforts to obtain relevant data as provided in subsections (a) and (b).
Acts 1996, ch. 944, § 24; 1998, ch. 1024, § 4; 1999, ch. 520, § 41; 2011, ch. 410, § 10(e); 2013, ch. 236, § 31; 2013, ch. 282, § 1; 2015, ch. 341, § 15; 2021, ch. 64, § 115.
Tenn. Code Ann. § 50-1-109 — TN Code / Title 50 / Chapter 1 / Section 50-1-109
Physicians mandatory disclosure of participation in a physician wellness program prohibited
Status: in_force

An employer, as defined in § 50-1-304 , shall not require a physician, or a prospectively employed physician, to disclose participation in a physician wellness program, as defined in § 63-1-173 , as a condition of employment or continued employment. Added by 2024 Tenn. Acts, ch. 924,s 5, eff. 1/1/2025.
An employer, as defined in § 50-1-304 , shall not require a physician, or a prospectively employed physician, to disclose participation in a physician wellness program, as defined in § 63-1-173 , as a condition of employment or continued employment.
Added by 2024 Tenn. Acts, ch. 924,s 5, eff. 1/1/2025.
Tenn. Code Ann. § 50-7-612 — TN Code / Title 50 / Chapter 7 / Section 50-7-612
Food stamp overissuance deduction
Status: in_force

(a) An individual filing a new claim for unemployment compensation shall, at the time of filing the claim, disclose whether or not the individual owes an overissuance, as defined in § 13(c)(1) of the Food Stamp Act of 1977 ( 7 U.S.C. § 2022(c)(1) ), of food stamp benefits. The administrator shall notify the state food stamp agency enforcing such obligation of any individual who discloses that such individual owes food stamp overissuances and who is determined to be eligible for unemployment compensation. (b) The administrator shall deduct and withhold from any unemployment compensation payable to the individual who owes an uncollected overissuance of food stamp benefits: (1) The amount specified by the individual to the administrator to be deducted and withheld under this subsection (b); (2) The amount, if any, determined pursuant to an agreement submitted to the state food stamp agency under § 13(c)(3)(A) of the Food Stamp Act of 1977 ( 7 U.S.C. § 2022(c)(3)(A) ); or (3) Any amount otherwise required to be deducted and withheld from unemployment compensation pursuant to § 13(c)(3)(B) of the Food Stamp Act of 1977 ( 7 U.S.C. § 2022(c)(3)(B) ). (c) Any amount deducted and withheld under this section shall be paid by the administrator to the appropriate state food stamp agency. (d) Any amount deducted and withheld under subsection (b) shall for all purposes be treated as if it were paid to the individual as unemployment compensation and be treated as if it were paid by the individual to the state food stamp agency as repayment of the individual's uncollected overissuance of food stamp benefits. (e) For purposes of this section, "unemployment compensation" means any compensation payable under this chapter, including amounts payable by the commissioner pursuant to an agreement under federal law providing for compensation, assistance, or allowances with respect to unemployment. (f) This section applies only if arrangements have been made for reimbursement by the state food stamp agency for the administrative costs incurred by the commissioner under this section that are attributable to the repayment of uncollected overissuances to the state food stamp agency. Acts 1997 , ch. 104, § 4.
(a) An individual filing a new claim for unemployment compensation shall, at the time of filing the claim, disclose whether or not the individual owes an overissuance, as defined in § 13(c)(1) of the Food Stamp Act of 1977 ( 7 U.S.C. § 2022(c)(1) ), of food stamp benefits. The administrator shall notify the state food stamp agency enforcing such obligation of any individual who discloses that such individual owes food stamp overissuances and who is determined to be eligible for unemployment compensation.
(b) The administrator shall deduct and withhold from any unemployment compensation payable to the individual who owes an uncollected overissuance of food stamp benefits: (1) The amount specified by the individual to the administrator to be deducted and withheld under this subsection (b); (2) The amount, if any, determined pursuant to an agreement submitted to the state food stamp agency under § 13(c)(3)(A) of the Food Stamp Act of 1977 ( 7 U.S.C. § 2022(c)(3)(A) ); or (3) Any amount otherwise required to be deducted and withheld from unemployment compensation pursuant to § 13(c)(3)(B) of the Food Stamp Act of 1977 ( 7 U.S.C. § 2022(c)(3)(B) ).
(1) The amount specified by the individual to the administrator to be deducted and withheld under this subsection (b);
(2) The amount, if any, determined pursuant to an agreement submitted to the state food stamp agency under § 13(c)(3)(A) of the Food Stamp Act of 1977 ( 7 U.S.C. § 2022(c)(3)(A) ); or
(3) Any amount otherwise required to be deducted and withheld from unemployment compensation pursuant to § 13(c)(3)(B) of the Food Stamp Act of 1977 ( 7 U.S.C. § 2022(c)(3)(B) ).
(c) Any amount deducted and withheld under this section shall be paid by the administrator to the appropriate state food stamp agency.
(d) Any amount deducted and withheld under subsection (b) shall for all purposes be treated as if it were paid to the individual as unemployment compensation and be treated as if it were paid by the individual to the state food stamp agency as repayment of the individual's uncollected overissuance of food stamp benefits.
(e) For purposes of this section, "unemployment compensation" means any compensation payable under this chapter, including amounts payable by the commissioner pursuant to an agreement under federal law providing for compensation, assistance, or allowances with respect to unemployment.
(f) This section applies only if arrangements have been made for reimbursement by the state food stamp agency for the administrative costs incurred by the commissioner under this section that are attributable to the repayment of uncollected overissuances to the state food stamp agency.
Acts 1997 , ch. 104, § 4.
Tenn. Code Ann. § 50-6-206 — TN Code / Title 50 / Chapter 6 / Section 50-6-206
Reserved
Status: repealed

Repealed by 2013 Tenn. Acts, ch. 289, s 46, eff. 7/1/2014. Acts 1919, ch. 123, § 27; Shan. Supp., § 3608a176; Code 1932, § 6877; Acts 1945, ch. 149, § 2; 1947, ch. 139, § 5; C. Supp. 1950, § 6877; Acts 1969, ch. 123, § 1; impl. am. Acts 1980, ch. 534, § 1; Acts 1980, ch. 479, § 1; 1981, ch. 488, § 4; T.C.A. (orig. ed.), § 50-1006; Acts 1983, ch. 217, §§ 1, 2; 1996, ch. 944, § 14; 1999, ch. 520, § 41; 2002, ch. 695, § 4; 2004, ch. 962, §§ 3, 4, 48; 2011 , ch. 416, §§ 3 - 6.
Repealed by 2013 Tenn. Acts, ch. 289, s 46, eff. 7/1/2014.
Acts 1919, ch. 123, § 27; Shan. Supp., § 3608a176; Code 1932, § 6877; Acts 1945, ch. 149, § 2; 1947, ch. 139, § 5; C. Supp. 1950, § 6877; Acts 1969, ch. 123, § 1; impl. am. Acts 1980, ch. 534, § 1; Acts 1980, ch. 479, § 1; 1981, ch. 488, § 4; T.C.A. (orig. ed.), § 50-1006; Acts 1983, ch. 217, §§ 1, 2; 1996, ch. 944, § 14; 1999, ch. 520, § 41; 2002, ch. 695, § 4; 2004, ch. 962, §§ 3, 4, 48; 2011 , ch. 416, §§ 3 - 6.
Tenn. Code Ann. § 50-3-404 — TN Code / Title 50 / Chapter 3 / Section 50-3-404
Failure to correct violation of standard or regulation - Penalty
Status: in_force

(a) Any employer who has received a citation for a violation of this chapter or standard or regulation promulgated pursuant to this chapter, and has failed to correct the violation within the period of correction of the citation, shall be assessed a penalty of up to seven thousand dollars ($7,000) for each day the violation exists. (b) The period of correction may be suspended or lengthened by the commissioner upon a showing by the employer of a good faith effort to comply with the correction requirements, and that failure to comply with the correction requirements is due to factors beyond the employer's reasonable control. Acts 1972, ch. 561, § 11; 1977, ch. 111, § 21; T.C.A., § 50-533; Acts 1991, ch. 170, § 2.
(a) Any employer who has received a citation for a violation of this chapter or standard or regulation promulgated pursuant to this chapter, and has failed to correct the violation within the period of correction of the citation, shall be assessed a penalty of up to seven thousand dollars ($7,000) for each day the violation exists.
(b) The period of correction may be suspended or lengthened by the commissioner upon a showing by the employer of a good faith effort to comply with the correction requirements, and that failure to comply with the correction requirements is due to factors beyond the employer's reasonable control.
Acts 1972, ch. 561, § 11; 1977, ch. 111, § 21; T.C.A., § 50-533; Acts 1991, ch. 170, § 2.
Tenn. Code Ann. § 50-7-107 — TN Code / Title 50 / Chapter 7 / Section 50-7-107
More Jobs and Revenues, Less Hassle and Expenses, Help Businesses and Taxpayers Act of 2009
Status: in_force

(a) This section shall be known and may be cited as the "More Jobs and Revenues, Less Hassle and Expenses, Help Businesses and Taxpayers Act of 2009." (b) The department of revenue, with the assistance of all appropriate state departments and agencies, shall consult and explore with the Tennessee congressional delegation, the internal revenue service and other appropriate federal agencies the possibility of simplifying and streamlining federal and state requirements placed upon citizens who employ household employees and the forms such employers must file to comply with the Tennessee Employment Security Law, compiled in title 50, chapter 7, the federal Unemployment Tax Act ( 26 U.S.C. § 3301 et seq.), social security and medicare taxes and other state and federal laws. Such consultation should include exploration of the possibility of filing one (1) simplified form for both state and federal purposes to make the task of complying with state and federal laws and regulations easier, faster, simpler and cheaper for citizens employing household workers. Acts 2009 , ch. 522, §§ 1, 2.
(a) This section shall be known and may be cited as the "More Jobs and Revenues, Less Hassle and Expenses, Help Businesses and Taxpayers Act of 2009."
(b) The department of revenue, with the assistance of all appropriate state departments and agencies, shall consult and explore with the Tennessee congressional delegation, the internal revenue service and other appropriate federal agencies the possibility of simplifying and streamlining federal and state requirements placed upon citizens who employ household employees and the forms such employers must file to comply with the Tennessee Employment Security Law, compiled in title 50, chapter 7, the federal Unemployment Tax Act ( 26 U.S.C. § 3301 et seq.), social security and medicare taxes and other state and federal laws. Such consultation should include exploration of the possibility of filing one (1) simplified form for both state and federal purposes to make the task of complying with state and federal laws and regulations easier, faster, simpler and cheaper for citizens employing household workers.
Acts 2009 , ch. 522, §§ 1, 2.
Tenn. Code Ann. § 50-6-105 — TN Code / Title 50 / Chapter 6 / Section 50-6-105
Relief associations or funds for benefit of employees, spouses and dependents unaffected
Status: in_force

Nothing in this chapter shall be construed as amending or repealing any statute or municipal ordinance relating to associations or funds for the relief, pensioning, retirement or other benefit of any employees of the municipal employer, or of the surviving spouses, children or dependents of the employees of the municipal employer, or as in any manner interfering with any statute or municipal ordinance as now or hereafter established. Acts 1919, ch. 123, § 5; Shan. Supp., § 3608a141; Code 1932, § 6855; impl. am. Acts 1980, ch. 534, § 1; T.C.A. (orig. ed.), § 50-905.
Nothing in this chapter shall be construed as amending or repealing any statute or municipal ordinance relating to associations or funds for the relief, pensioning, retirement or other benefit of any employees of the municipal employer, or of the surviving spouses, children or dependents of the employees of the municipal employer, or as in any manner interfering with any statute or municipal ordinance as now or hereafter established.
Acts 1919, ch. 123, § 5; Shan. Supp., § 3608a141; Code 1932, § 6855; impl. am. Acts 1980, ch. 534, § 1; T.C.A. (orig. ed.), § 50-905.
Tenn. Code Ann. § 50-1-701 — TN Code / Title 50 / Chapter 1 / Section 50-1-701
Short title
Status: in_force

This part shall be known and may be cited as the "Tennessee Lawful Employment Act." Acts 2011, ch. 436, § 5.
This part shall be known and may be cited as the "Tennessee Lawful Employment Act."
Acts 2011, ch. 436, § 5.
Tenn. Code Ann. § 50-3-104 — TN Code / Title 50 / Chapter 3 / Section 50-3-104
Scope of chapter
Status: in_force

This chapter or any standard or regulation promulgated pursuant to this chapter shall apply to all employers and employees except: (1) The federal government, including its departments, agencies and instrumentalities; (2) Employees whose safety and health are subject to protection under the Atomic Energy Act of 1954 ( 42 U.S.C. §§ 2011 - 2296 ); (3) Employees whose safety and health are subject to protection under the federal Coal Mine Health and Safety Act of 1969 ( 30 U.S.C. § 801 et seq.), the federal Metal and Nonmetallic Mine Safety Act ( 30 U.S.C. § 725 [repealed]), or title 59 of this code; (4) Railroad employees whose safety and health are subject to protection under the federal Safety Appliances Act ( 45 U.S.C. § 1 et seq. [repealed]), or the federal Railroad Safety Act of 1970 ( 45 U.S.C. §§ 431-441 [repealed]); (5) Domestic workers; and (6) Any employee engaged in agriculture who is employed on a farm, each of the employees of which is related to the employer as spouse, child, parent, grandparent or grandchild. Amended by 2015 Tenn. Acts, ch. 23, s 1, eff. 7/1/2015. Acts 1972, ch. 561, § 3; 1974, ch. 585, § 3; T.C.A., § 50-504.
This chapter or any standard or regulation promulgated pursuant to this chapter shall apply to all employers and employees except:
(1) The federal government, including its departments, agencies and instrumentalities;
(2) Employees whose safety and health are subject to protection under the Atomic Energy Act of 1954 ( 42 U.S.C. §§ 2011 - 2296 );
(3) Employees whose safety and health are subject to protection under the federal Coal Mine Health and Safety Act of 1969 ( 30 U.S.C. § 801 et seq.), the federal Metal and Nonmetallic Mine Safety Act ( 30 U.S.C. § 725 [repealed]), or title 59 of this code;
(4) Railroad employees whose safety and health are subject to protection under the federal Safety Appliances Act ( 45 U.S.C. § 1 et seq. [repealed]), or the federal Railroad Safety Act of 1970 ( 45 U.S.C. §§ 431-441 [repealed]);
(5) Domestic workers; and
(6) Any employee engaged in agriculture who is employed on a farm, each of the employees of which is related to the employer as spouse, child, parent, grandparent or grandchild.
Amended by 2015 Tenn. Acts, ch. 23, s 1, eff. 7/1/2015.
Acts 1972, ch. 561, § 3; 1974, ch. 585, § 3; T.C.A., § 50-504.
Tenn. Code Ann. § 50-6-414 — TN Code / Title 50 / Chapter 6 / Section 50-6-414
Experience modification factors - Notification of employers - Failure to give timely notification
Status: in_force

(a) Any employer who is assigned an experience modification factor for the purpose of determining its workers' compensation premium shall be sent annually, at no charge to the employer, a copy of any information relative to its experience modification factor that is available to an insurance company. (b) If the experience modification factor notification is not received by the employer prior to the policy renewal date, or the policy anniversary date if different, the experience modification factor shall not be used for premium purposes if its use results in a higher premium for the employer. The mailing of the experience modification factor worksheet shall be sufficient proof of notice, provided the mailing is by certified mail, return receipt requested. Acts 1993, ch. 370, § 1; 2000, ch. 852, § 6.
(a) Any employer who is assigned an experience modification factor for the purpose of determining its workers' compensation premium shall be sent annually, at no charge to the employer, a copy of any information relative to its experience modification factor that is available to an insurance company.
(b) If the experience modification factor notification is not received by the employer prior to the policy renewal date, or the policy anniversary date if different, the experience modification factor shall not be used for premium purposes if its use results in a higher premium for the employer. The mailing of the experience modification factor worksheet shall be sufficient proof of notice, provided the mailing is by certified mail, return receipt requested.
Acts 1993, ch. 370, § 1; 2000, ch. 852, § 6.
Tenn. Code Ann. § 50-1-802 — TN Code / Title 50 / Chapter 1 / Section 50-1-802
No cause of action for certain employees
Status: in_force

An employee has no civil cause of action alleging wrongful or retaliatory discharge against the employee's employer if: (1) The employee is not authorized to work in the United States under federal immigration laws; and (2) The employer was not aware that the employee was not authorized to work in the United States under federal immigration laws. Added by 2022 Tenn. Acts, ch. 832,s 5, eff. 4/19/2022.
An employee has no civil cause of action alleging wrongful or retaliatory discharge against the employee's employer if:
(1) The employee is not authorized to work in the United States under federal immigration laws; and
(2) The employer was not aware that the employee was not authorized to work in the United States under federal immigration laws.
Added by 2022 Tenn. Acts, ch. 832,s 5, eff. 4/19/2022.
Tenn. Code Ann. § 50-3-702 — TN Code / Title 50 / Chapter 3 / Section 50-3-702
Accident reports
Status: in_force

(a) (1) Each employer shall, in addition to making available to the commissioner the records and reports required by § 50-3-701 and the rules of the department of labor and workforce development's division of occupational safety and health, report each accident resulting in a work-related death or personal injury as defined in § 50-6-102 to the bureau of workers' compensation no later than fourteen (14) calendar days after the earlier of the date the employer is notified of the accident or the date the employer has knowledge of the accident. (2) [Deleted by 2024 amendment.] (3) The information required in the reports provided for in subdivision (a)(1) shall be prescribed by the commissioner and forms for making the reports shall be available on request. (4) Special or additional reports shall be furnished, on written request of the commissioner, to provide any other necessary information. (5) No report required by § 50-3-701 and this section shall be used in any judicial proceeding. (b) The employer's first report of work injury records that are maintained by the bureau are confidential. After completing a standard authorization form, which shall be provided by the bureau, an employee or an employee's attorney may obtain a copy of any report that concerns the employee's work injury. An employer may inquire in writing of the bureau to determine whether a job applicant has responded truthfully concerning any prior work injury. Nothing contained in this subsection (b) shall be construed or implemented to alter or amend existing law pertaining to Occupational Safety and Health Administration (OSHA) Form 300 reports. This section does not apply to a collective bargaining agent as certified by the national labor relations board (NLRB). Amended by 2024 Tenn. Acts, ch. 532,s 2, eff. 7/1/2024. Amended by 2024 Tenn. Acts, ch. 532,s 1, eff. 7/1/2024. Amended by 2015 Tenn. Acts, ch. 341, s 16, eff. 5/4/2015. Acts 1972, ch. 561, § 14; 1974, ch. 585, §§ 23, 37; 1978, ch. 503, § 1; impl. am. Acts 1980, ch. 534, § 1; T.C.A., § 50-553; Acts 1990, ch. 839, § 1; 1999, ch. 520, § 41; 2002, ch. 540, § 1.
(a) (1) Each employer shall, in addition to making available to the commissioner the records and reports required by § 50-3-701 and the rules of the department of labor and workforce development's division of occupational safety and health, report each accident resulting in a work-related death or personal injury as defined in § 50-6-102 to the bureau of workers' compensation no later than fourteen (14) calendar days after the earlier of the date the employer is notified of the accident or the date the employer has knowledge of the accident. (2) [Deleted by 2024 amendment.] (3) The information required in the reports provided for in subdivision (a)(1) shall be prescribed by the commissioner and forms for making the reports shall be available on request. (4) Special or additional reports shall be furnished, on written request of the commissioner, to provide any other necessary information. (5) No report required by § 50-3-701 and this section shall be used in any judicial proceeding.
(1) Each employer shall, in addition to making available to the commissioner the records and reports required by § 50-3-701 and the rules of the department of labor and workforce development's division of occupational safety and health, report each accident resulting in a work-related death or personal injury as defined in § 50-6-102 to the bureau of workers' compensation no later than fourteen (14) calendar days after the earlier of the date the employer is notified of the accident or the date the employer has knowledge of the accident.
(2) [Deleted by 2024 amendment.]
(3) The information required in the reports provided for in subdivision (a)(1) shall be prescribed by the commissioner and forms for making the reports shall be available on request.
(4) Special or additional reports shall be furnished, on written request of the commissioner, to provide any other necessary information.
(5) No report required by § 50-3-701 and this section shall be used in any judicial proceeding.
(b) The employer's first report of work injury records that are maintained by the bureau are confidential. After completing a standard authorization form, which shall be provided by the bureau, an employee or an employee's attorney may obtain a copy of any report that concerns the employee's work injury. An employer may inquire in writing of the bureau to determine whether a job applicant has responded truthfully concerning any prior work injury. Nothing contained in this subsection (b) shall be construed or implemented to alter or amend existing law pertaining to Occupational Safety and Health Administration (OSHA) Form 300 reports. This section does not apply to a collective bargaining agent as certified by the national labor relations board (NLRB).
Amended by 2024 Tenn. Acts, ch. 532,s 2, eff. 7/1/2024.
Amended by 2024 Tenn. Acts, ch. 532,s 1, eff. 7/1/2024.
Amended by 2015 Tenn. Acts, ch. 341, s 16, eff. 5/4/2015.
Acts 1972, ch. 561, § 14; 1974, ch. 585, §§ 23, 37; 1978, ch. 503, § 1; impl. am. Acts 1980, ch. 534, § 1; T.C.A., § 50-553; Acts 1990, ch. 839, § 1; 1999, ch. 520, § 41; 2002, ch. 540, § 1.
Tenn. Code Ann. § 50-7-603 — TN Code / Title 50 / Chapter 7 / Section 50-7-603
Regulations and rules
Status: in_force

Regulations and rules may be adopted, amended or rescinded by the commissioner as provided in the Uniform Administrative Procedures Act, compiled in title 4, chapter 5. Acts 1947, ch. 29, § 11; C. Supp. 1950, § 6901.11 (Williams, § 6901.35); Acts 1973, ch. 130, § 10; T.C.A. (orig. ed.), § 50-1334; Acts 1985, ch. 318, § 75.
Regulations and rules may be adopted, amended or rescinded by the commissioner as provided in the Uniform Administrative Procedures Act, compiled in title 4, chapter 5.
Acts 1947, ch. 29, § 11; C. Supp. 1950, § 6901.11 (Williams, § 6901.35); Acts 1973, ch. 130, § 10; T.C.A. (orig. ed.), § 50-1334; Acts 1985, ch. 318, § 75.
Tenn. Code Ann. § 50-9-112 — TN Code / Title 50 / Chapter 9 / Section 50-9-112
Temporary employment agencies exempt from drug-free workplace requirements
Status: in_force

A temporary employment agency shall not be required by rule, regulation or policy of the department of labor and workforce development to implement a drug-free workplace pursuant to this chapter. Acts 1998, ch. 1024, § 18; 1999, ch. 520, § 41.
A temporary employment agency shall not be required by rule, regulation or policy of the department of labor and workforce development to implement a drug-free workplace pursuant to this chapter.
Acts 1998, ch. 1024, § 18; 1999, ch. 520, § 41.
Tenn. Code Ann. § 50-7-705 — TN Code / Title 50 / Chapter 7 / Section 50-7-705
Federal-state cooperation
Status: in_force

(a) In the administration of this chapter, the commissioner shall cooperate with the United States department of labor to the fullest extent consistent with this chapter, and shall take action, through the adoption of appropriate rules, regulations, administrative methods and standards, necessary to secure to this state and its citizens all advantages available under the Social Security Act ( 42 U.S.C. § 301 et seq.), that relate to unemployment compensation, the federal Unemployment Tax Act ( 26 U.S.C. § 3301 et seq.), the Wagner-Peyser Act ( 29 U.S.C. § 49 et seq.), and the Federal-State Extended Unemployment Compensation Act of 1970, found at 26 U.S.C. § 3304 note. (b) In the administration of § 50-7-305 , which is enacted to conform with the requirements of the Federal-State Extended Unemployment Compensation Act of 1970, the commissioner shall take action necessary to: (1) Ensure that § 50-7-305 is interpreted and applied to meet the requirements of the Federal-State Extended Unemployment Compensation Act of 1970 found at 26 U.S.C. § 3304 note, as interpreted by the United States department of labor; and (2) Secure to this state the full reimbursement of the federal share of extended benefits paid under this chapter that are reimbursable under the Federal-State Extended Unemployment Compensation Act of 1970. (c) The commissioner may afford reasonable cooperation with every agency of the United States or of any state charged with administration of any unemployment insurance law. Acts 1947, ch. 29, § 11; C. Supp. 1950, § 6901.11 (Williams, § 6901.35); modified; Acts 1971, ch. 204, § 12; T.C.A. (orig. ed.), § 50-1343; Acts 1999, ch. 520, § 41.
(a) In the administration of this chapter, the commissioner shall cooperate with the United States department of labor to the fullest extent consistent with this chapter, and shall take action, through the adoption of appropriate rules, regulations, administrative methods and standards, necessary to secure to this state and its citizens all advantages available under the Social Security Act ( 42 U.S.C. § 301 et seq.), that relate to unemployment compensation, the federal Unemployment Tax Act ( 26 U.S.C. § 3301 et seq.), the Wagner-Peyser Act ( 29 U.S.C. § 49 et seq.), and the Federal-State Extended Unemployment Compensation Act of 1970, found at 26 U.S.C. § 3304 note.
(b) In the administration of § 50-7-305 , which is enacted to conform with the requirements of the Federal-State Extended Unemployment Compensation Act of 1970, the commissioner shall take action necessary to: (1) Ensure that § 50-7-305 is interpreted and applied to meet the requirements of the Federal-State Extended Unemployment Compensation Act of 1970 found at 26 U.S.C. § 3304 note, as interpreted by the United States department of labor; and (2) Secure to this state the full reimbursement of the federal share of extended benefits paid under this chapter that are reimbursable under the Federal-State Extended Unemployment Compensation Act of 1970.
(1) Ensure that § 50-7-305 is interpreted and applied to meet the requirements of the Federal-State Extended Unemployment Compensation Act of 1970 found at 26 U.S.C. § 3304 note, as interpreted by the United States department of labor; and
(2) Secure to this state the full reimbursement of the federal share of extended benefits paid under this chapter that are reimbursable under the Federal-State Extended Unemployment Compensation Act of 1970.
(c) The commissioner may afford reasonable cooperation with every agency of the United States or of any state charged with administration of any unemployment insurance law.
Acts 1947, ch. 29, § 11; C. Supp. 1950, § 6901.11 (Williams, § 6901.35); modified; Acts 1971, ch. 204, § 12; T.C.A. (orig. ed.), § 50-1343; Acts 1999, ch. 520, § 41.
Tenn. Code Ann. § 50-7-505 — TN Code / Title 50 / Chapter 7 / Section 50-7-505
Assessment for payment of interest - Interest paid on advancement fund
Status: in_force

(a) In addition to all other premiums due under this chapter, if on any June 1, the fund has utilized during the preceding eight-month period or it has been determined that during the next four-month period ending on September 30, the fund will utilize moneys advanced under 42 U.S.C. § 1321 and interest is or will be due on the moneys advanced, each employer, except any employer who has not had benefits charged against the employer's account during the two-year period ending on the preceding December 31, and who has not had a negative balance in the employer's account during the same two-year period, shall be assessed an amount that will be used exclusively for the payment of interest due on the advance. (b) The rate at which each such employer liable under subsection (a) will be assessed shall be determined by dividing the interest that will be due on the next September 30, by ninety-five percent (95%) of the total taxable wages paid during the preceding calendar year ending on December 31 by those employers liable under subsection (a). (c) In order to determine the assessment of each employer liable under subsection (a), multiply the rate as determined in subsection (b) by each such employer's total taxable wages paid during the preceding calendar year ending on December 31. (d) Each employer liable under subsection (a) shall be notified of the amount due as a result of subsection (a) on or before June 30. The amount shall be considered delinquent if not paid on or before July 31. Amounts that are unpaid on the day following the date due and payable shall bear interest at the same rate as for regular premiums. (e) The amount of the assessment will not be included in the determination of an employer's experience rating. (f) There is created in the state treasury a special fund, to be known as the interest paid on advancement fund (IPA fund). (g) All moneys collected under this section shall be deposited into the IPA fund and are appropriated and made available exclusively to the commissioner of labor and workforce development for use in paying interest owed on advancements. (h) All remedies applicable to the collection of employer premiums are applicable to this section. (i) Any interest required to be paid on advances under the Social Security Act, Title XII ( 42 U.S.C. § 1321 et seq.), shall be paid in a timely manner and shall not be paid, directly or indirectly, by an equivalent reduction in unemployment premiums or otherwise, from amounts in the unemployment fund. Acts 1983, ch. 439, § 13; 1984, ch. 701, § 5; 1984, ch. 786, § 6; 1985, ch. 118, § 72; 1985, ch. 318, §§ 72, 73; 1999, ch. 520, § 41.
(a) In addition to all other premiums due under this chapter, if on any June 1, the fund has utilized during the preceding eight-month period or it has been determined that during the next four-month period ending on September 30, the fund will utilize moneys advanced under 42 U.S.C. § 1321 and interest is or will be due on the moneys advanced, each employer, except any employer who has not had benefits charged against the employer's account during the two-year period ending on the preceding December 31, and who has not had a negative balance in the employer's account during the same two-year period, shall be assessed an amount that will be used exclusively for the payment of interest due on the advance.
(b) The rate at which each such employer liable under subsection (a) will be assessed shall be determined by dividing the interest that will be due on the next September 30, by ninety-five percent (95%) of the total taxable wages paid during the preceding calendar year ending on December 31 by those employers liable under subsection (a).
(c) In order to determine the assessment of each employer liable under subsection (a), multiply the rate as determined in subsection (b) by each such employer's total taxable wages paid during the preceding calendar year ending on December 31.
(d) Each employer liable under subsection (a) shall be notified of the amount due as a result of subsection (a) on or before June 30. The amount shall be considered delinquent if not paid on or before July 31. Amounts that are unpaid on the day following the date due and payable shall bear interest at the same rate as for regular premiums.
(e) The amount of the assessment will not be included in the determination of an employer's experience rating.
(f) There is created in the state treasury a special fund, to be known as the interest paid on advancement fund (IPA fund).
(g) All moneys collected under this section shall be deposited into the IPA fund and are appropriated and made available exclusively to the commissioner of labor and workforce development for use in paying interest owed on advancements.
(h) All remedies applicable to the collection of employer premiums are applicable to this section.
(i) Any interest required to be paid on advances under the Social Security Act, Title XII ( 42 U.S.C. § 1321 et seq.), shall be paid in a timely manner and shall not be paid, directly or indirectly, by an equivalent reduction in unemployment premiums or otherwise, from amounts in the unemployment fund.
Acts 1983, ch. 439, § 13; 1984, ch. 701, § 5; 1984, ch. 786, § 6; 1985, ch. 118, § 72; 1985, ch. 318, §§ 72, 73; 1999, ch. 520, § 41.
Tenn. Code Ann. § 50-9-102 — TN Code / Title 50 / Chapter 9 / Section 50-9-102
Applicability
Status: in_force

Sections 50-9-103 - 50-9-111 apply to a drug-free workplace program implemented pursuant to rules adopted by the administrator of the bureau of workers' compensation. The application of this chapter is subject to any applicable collective bargaining agreement. Nothing in the program authorized by this chapter is intended to authorize any employer to test any applicant or employee for alcohol or drugs in any manner inconsistent with federal constitutional or statutory requirements, including those imposed by the Americans with Disabilities Act ( 42 U.S.C. § 12101 et seq.) and the National Labor Relations Act ( 29 U.S.C. § 151 et seq.). Amended by 2015 Tenn. Acts, ch. 341, s 16, eff. 5/4/2015. Amended by 2014 Tenn. Acts, ch. 903, s 10, eff. 7/1/2014. Acts 1996, ch. 944, §50; 1997 , ch. 533, § 18; 1999, ch. 520, § 41.
Sections 50-9-103 - 50-9-111 apply to a drug-free workplace program implemented pursuant to rules adopted by the administrator of the bureau of workers' compensation. The application of this chapter is subject to any applicable collective bargaining agreement. Nothing in the program authorized by this chapter is intended to authorize any employer to test any applicant or employee for alcohol or drugs in any manner inconsistent with federal constitutional or statutory requirements, including those imposed by the Americans with Disabilities Act ( 42 U.S.C. § 12101 et seq.) and the National Labor Relations Act ( 29 U.S.C. § 151 et seq.).
Amended by 2015 Tenn. Acts, ch. 341, s 16, eff. 5/4/2015.
Amended by 2014 Tenn. Acts, ch. 903, s 10, eff. 7/1/2014.
Acts 1996, ch. 944, §50; 1997 , ch. 533, § 18; 1999, ch. 520, § 41.
Tenn. Code Ann. § 50-3-305 — TN Code / Title 50 / Chapter 3 / Section 50-3-305
Reports of inspections and investigations
Status: in_force

The commissioner of labor and workforce development is authorized to compile, analyze and publish, either in summary or detailed form, all reports or information obtained under §§ 50-3-301 - 50-3-306, subject to the restriction of § 50-3-915 . Acts 1972, ch. 561, § 8; 1974, ch. 585, § 11; 1977, ch. 111, § 13; T.C.A., § 50-524; Acts 1999, ch. 520, § 41.
The commissioner of labor and workforce development is authorized to compile, analyze and publish, either in summary or detailed form, all reports or information obtained under §§ 50-3-301 - 50-3-306, subject to the restriction of § 50-3-915 .
Acts 1972, ch. 561, § 8; 1974, ch. 585, § 11; 1977, ch. 111, § 13; T.C.A., § 50-524; Acts 1999, ch. 520, § 41.
Tenn. Code Ann. § 50-6-1013 — TN Code / Title 50 / Chapter 6 / Section 50-6-1013
Examination of the association - annual financial report
Status: in_force

(a) The association is subject to examination and regulation by the commissioner. (b) The board of directors shall submit, not later than March 30 of each year, a financial report for the preceding calendar year in a form approved by the commissioner. Added by 2024 Tenn. Acts, ch. 666,s 1, eff. 4/9/2024.
(a) The association is subject to examination and regulation by the commissioner.
(b) The board of directors shall submit, not later than March 30 of each year, a financial report for the preceding calendar year in a form approved by the commissioner.
Added by 2024 Tenn. Acts, ch. 666,s 1, eff. 4/9/2024.
Tenn. Code Ann. § 50-3-307 — TN Code / Title 50 / Chapter 3 / Section 50-3-307
Citation of violations
Status: in_force

(a) (1) If, upon an inspection or investigation, the commissioner believes that an employer is not in compliance with any standard or regulation promulgated by the commissioner pursuant to this chapter, the commissioner shall, with reasonable promptness and in no event later than six (6) months following the inspection, issue to the employer by certified mail, by delivery service with delivery receipt, or via hand delivery, a written citation that states the nature and location of the violation, including a reference to the chapter, standard or regulation alleged to have been violated. (2) In addition, the citation shall fix a reasonable time for abatement of the violation. (3) If the commissioner has reason to believe that the violation, or the failure to abate the violation, should result in the assessment of a penalty under §§ 50-3-402 - 50-3-408, the citation may so state. (4) A copy of each citation shall immediately be posted by the employer at or near each location referred to in the citation. (5) Whenever the abatement or correction requirements of this chapter conflict with any local zoning ordinance, this chapter shall govern. (6) A citation issued pursuant to this chapter shall become a final order of the department twenty (20) days after its receipt by the employer. (b) (1) At any time within twenty (20) days after receipt of the citation, an employer or affected employee, or group of employees or their representative, may advise the commissioner of objections to the terms and conditions of the citation. (2) Upon receipt of the objections, the commissioner shall notify the occupational safety and health review commission of the receipt of the objections, and the commission shall afford an opportunity for a hearing. (3) The commission shall thereafter issue an order affirming, modifying or vacating the citation. (4) The order shall become final thirty (30) days after its issuance, unless within that period judicial review of the order has been sought pursuant to § 50-3-806 . Acts 1972, ch. 561, § 9; 1974, ch. 585, §§ 12, 13; 1977, ch. 111, §§ 15, 16; T.C.A., §§ 50-526, 50-527; Acts 1999, ch. 520, § 41; 2001, ch. 62, § 1; 2007, ch. 102, § 1.
(a) (1) If, upon an inspection or investigation, the commissioner believes that an employer is not in compliance with any standard or regulation promulgated by the commissioner pursuant to this chapter, the commissioner shall, with reasonable promptness and in no event later than six (6) months following the inspection, issue to the employer by certified mail, by delivery service with delivery receipt, or via hand delivery, a written citation that states the nature and location of the violation, including a reference to the chapter, standard or regulation alleged to have been violated. (2) In addition, the citation shall fix a reasonable time for abatement of the violation. (3) If the commissioner has reason to believe that the violation, or the failure to abate the violation, should result in the assessment of a penalty under §§ 50-3-402 - 50-3-408, the citation may so state. (4) A copy of each citation shall immediately be posted by the employer at or near each location referred to in the citation. (5) Whenever the abatement or correction requirements of this chapter conflict with any local zoning ordinance, this chapter shall govern. (6) A citation issued pursuant to this chapter shall become a final order of the department twenty (20) days after its receipt by the employer.
(1) If, upon an inspection or investigation, the commissioner believes that an employer is not in compliance with any standard or regulation promulgated by the commissioner pursuant to this chapter, the commissioner shall, with reasonable promptness and in no event later than six (6) months following the inspection, issue to the employer by certified mail, by delivery service with delivery receipt, or via hand delivery, a written citation that states the nature and location of the violation, including a reference to the chapter, standard or regulation alleged to have been violated.
(2) In addition, the citation shall fix a reasonable time for abatement of the violation.
(3) If the commissioner has reason to believe that the violation, or the failure to abate the violation, should result in the assessment of a penalty under §§ 50-3-402 - 50-3-408, the citation may so state.
(4) A copy of each citation shall immediately be posted by the employer at or near each location referred to in the citation.
(5) Whenever the abatement or correction requirements of this chapter conflict with any local zoning ordinance, this chapter shall govern.
(6) A citation issued pursuant to this chapter shall become a final order of the department twenty (20) days after its receipt by the employer.
(b) (1) At any time within twenty (20) days after receipt of the citation, an employer or affected employee, or group of employees or their representative, may advise the commissioner of objections to the terms and conditions of the citation. (2) Upon receipt of the objections, the commissioner shall notify the occupational safety and health review commission of the receipt of the objections, and the commission shall afford an opportunity for a hearing. (3) The commission shall thereafter issue an order affirming, modifying or vacating the citation. (4) The order shall become final thirty (30) days after its issuance, unless within that period judicial review of the order has been sought pursuant to § 50-3-806 .
(1) At any time within twenty (20) days after receipt of the citation, an employer or affected employee, or group of employees or their representative, may advise the commissioner of objections to the terms and conditions of the citation.
(2) Upon receipt of the objections, the commissioner shall notify the occupational safety and health review commission of the receipt of the objections, and the commission shall afford an opportunity for a hearing.
(3) The commission shall thereafter issue an order affirming, modifying or vacating the citation.
(4) The order shall become final thirty (30) days after its issuance, unless within that period judicial review of the order has been sought pursuant to § 50-3-806 .
Acts 1972, ch. 561, § 9; 1974, ch. 585, §§ 12, 13; 1977, ch. 111, §§ 15, 16; T.C.A., §§ 50-526, 50-527; Acts 1999, ch. 520, § 41; 2001, ch. 62, § 1; 2007, ch. 102, § 1.
Tenn. Code Ann. § 50-1-401 — TN Code / Title 50 / Chapter 1 / Section 50-1-401
"Private pension and retirement plan" defined - Separate trust account established for employee contributions
Status: in_force

(a) As used in this part, "private pension and retirement plan" means any plan not covered by the federal employee retirement income security program, the Tennessee consolidated retirement system, or any other governmentally regulated pension and retirement fund. (b) (1) Any person maintaining a private pension and retirement plan that receives its funding either partially or totally from the employees' pay shall deposit all money received for the plan in a separate trust account. (2) The funds in this separate account can only be used for the costs of administering the plan and for providing the benefits that accrue to the members of the plan. Acts 1978, ch. 834, § 1; T.C.A., § 50-401; T.C.A., § 50-801.
(a) As used in this part, "private pension and retirement plan" means any plan not covered by the federal employee retirement income security program, the Tennessee consolidated retirement system, or any other governmentally regulated pension and retirement fund.
(b) (1) Any person maintaining a private pension and retirement plan that receives its funding either partially or totally from the employees' pay shall deposit all money received for the plan in a separate trust account. (2) The funds in this separate account can only be used for the costs of administering the plan and for providing the benefits that accrue to the members of the plan.
(1) Any person maintaining a private pension and retirement plan that receives its funding either partially or totally from the employees' pay shall deposit all money received for the plan in a separate trust account.
(2) The funds in this separate account can only be used for the costs of administering the plan and for providing the benefits that accrue to the members of the plan.
Acts 1978, ch. 834, § 1; T.C.A., § 50-401; T.C.A., § 50-801.
Tenn. Code Ann. § 50-7-216 — TN Code / Title 50 / Chapter 7 / Section 50-7-216
"Weekly benefit amount" defined
Status: in_force

An individual's "weekly benefit amount" means the amount of benefits the individual would be entitled to receive for one (1) week of total unemployment. Acts 1947, ch. 29, § 2; C. Supp. 1950, § 6901.2 (Williams, § 6901.26); T.C.A. (orig. ed.), § 50-1318.
An individual's "weekly benefit amount" means the amount of benefits the individual would be entitled to receive for one (1) week of total unemployment.
Acts 1947, ch. 29, § 2; C. Supp. 1950, § 6901.2 (Williams, § 6901.26); T.C.A. (orig. ed.), § 50-1318.
Tenn. Code Ann. § 50-6-231 — TN Code / Title 50 / Chapter 6 / Section 50-6-231
Reserved
Status: repealed

Repealed by 2013 Tenn. Acts, ch. 289, s 70, eff. 7/1/2014. Acts 1919, ch. 123, § 38; Shan. Supp., § 3608a188; Code 1932, § 6892; T.C.A. (orig. ed), § 50-1025.
Repealed by 2013 Tenn. Acts, ch. 289, s 70, eff. 7/1/2014.
Acts 1919, ch. 123, § 38; Shan. Supp., § 3608a188; Code 1932, § 6892; T.C.A. (orig. ed), § 50-1025.
Tenn. Code Ann. § 50-3-1007 — TN Code / Title 50 / Chapter 3 / Section 50-3-1007
Violation of part
Status: in_force

A violation of this part is a violation of § 50-3-105(1) . Acts 1955, ch. 289, § 7; T.C.A., § 53-2807; Acts 1989, ch. 591, § 112; T.C.A., § 68-21-107; Acts 2011 , ch. 157, § 8; 2012 , ch. 681, §§ 1, 4; T.C.A. § 68-103-107 .
A violation of this part is a violation of § 50-3-105(1) .
Acts 1955, ch. 289, § 7; T.C.A., § 53-2807; Acts 1989, ch. 591, § 112; T.C.A., § 68-21-107; Acts 2011 , ch. 157, § 8; 2012 , ch. 681, §§ 1, 4; T.C.A. § 68-103-107 .
Tenn. Code Ann. § 50-6-117 — TN Code / Title 50 / Chapter 6 / Section 50-6-117
Reserved
Status: repealed

Acts 1975, ch. 198, § 3; impl. am. Acts 1980, ch. 534, § 1; T.C.A. (orig. ed.), § 50-919; Acts 2010 , ch. 1149, § 6.
Tenn. Code Ann. § 50-7-451 — TN Code / Title 50 / Chapter 7 / Section 50-7-451
[Repealed]
Status: repealed

Repealed by 2024 Tenn. Acts, ch. 964,s 1, eff. 5/15/2024. Amended by 2021 Tenn. Acts, ch. 64, s 116, eff. 3/29/2021. Amended by 2013 Tenn. Acts, ch. 236, s 16, eff. 4/19/2013. Acts 1998, ch. 1110, § 4; 1999, ch. 520, § 41; 2001, ch. 379, § 4; 2001, ch. 403, § 1; 2006, ch. 623, § 6; 2006, ch. 1015, § 1; 2009 , ch. 550, §§ 13, 14; 2010 , ch. 1030, § 13; 2011 , ch. 410, § 7 (a) -(c).
Repealed by 2024 Tenn. Acts, ch. 964,s 1, eff. 5/15/2024.
Amended by 2021 Tenn. Acts, ch. 64, s 116, eff. 3/29/2021.
Amended by 2013 Tenn. Acts, ch. 236, s 16, eff. 4/19/2013.
Acts 1998, ch. 1110, § 4; 1999, ch. 520, § 41; 2001, ch. 379, § 4; 2001, ch. 403, § 1; 2006, ch. 623, § 6; 2006, ch. 1015, § 1; 2009 , ch. 550, §§ 13, 14; 2010 , ch. 1030, § 13; 2011 , ch. 410, § 7 (a) -(c).
Tenn. Code Ann. § 50-7-602 — TN Code / Title 50 / Chapter 7 / Section 50-7-602
Authority and duties of commissioner
Status: in_force

(a) It is the duty of the administrator to administer this chapter. The commissioner has the power and authority to adopt, amend or rescind rules and regulations, to employ persons, make expenditures, require reports, make investigations, and take other action the commissioner deems necessary or suitable to that end. (b) The rules and regulations shall be effective as provided in the Uniform Administrative Procedures Act, compiled in title 4, chapter 5. (c) The commissioner shall determine the commissioner's own organization and methods of procedure in accordance with this section, and shall have an official seal, which shall be judicially noticed. (d) Not later than February 1 of each year, the commissioner shall submit to the governor a report covering the administration and operation of this chapter during the preceding twelve-month period ending on September 30, and shall make recommendations for amendments to this chapter the commissioner deems proper. (e) The report shall include a balance sheet of the moneys in the fund in which there shall be provided, if possible, a reserve against the liability in future years to pay benefits in excess of the then current premiums, which reserve shall be set up by the commissioner in accordance with accepted actuarial principles on the basis of statistics of employment, business activity and other relevant factors for the longest possible period. (f) Whenever the commissioner believes that a change in premium or benefit rates will become necessary to protect the solvency of the fund, the commissioner shall promptly so inform the governor and the general assembly, and make recommendations with respect to the change in premium or benefit rates. Acts 1947, ch. 29, § 11; C. Supp. 1950, § 6901.11 (Williams, § 6901.35); Acts 1978, ch. 744, § 15; T.C.A. (orig. ed.), § 50-1333; Acts 1985, ch. 318, § 74.
(a) It is the duty of the administrator to administer this chapter. The commissioner has the power and authority to adopt, amend or rescind rules and regulations, to employ persons, make expenditures, require reports, make investigations, and take other action the commissioner deems necessary or suitable to that end.
(b) The rules and regulations shall be effective as provided in the Uniform Administrative Procedures Act, compiled in title 4, chapter 5.
(c) The commissioner shall determine the commissioner's own organization and methods of procedure in accordance with this section, and shall have an official seal, which shall be judicially noticed.
(d) Not later than February 1 of each year, the commissioner shall submit to the governor a report covering the administration and operation of this chapter during the preceding twelve-month period ending on September 30, and shall make recommendations for amendments to this chapter the commissioner deems proper.
(e) The report shall include a balance sheet of the moneys in the fund in which there shall be provided, if possible, a reserve against the liability in future years to pay benefits in excess of the then current premiums, which reserve shall be set up by the commissioner in accordance with accepted actuarial principles on the basis of statistics of employment, business activity and other relevant factors for the longest possible period.
(f) Whenever the commissioner believes that a change in premium or benefit rates will become necessary to protect the solvency of the fund, the commissioner shall promptly so inform the governor and the general assembly, and make recommendations with respect to the change in premium or benefit rates.
Acts 1947, ch. 29, § 11; C. Supp. 1950, § 6901.11 (Williams, § 6901.35); Acts 1978, ch. 744, § 15; T.C.A. (orig. ed.), § 50-1333; Acts 1985, ch. 318, § 74.
Tenn. Code Ann. § 50-6-235 — TN Code / Title 50 / Chapter 6 / Section 50-6-235
Depositions by physicians - Written medical report - Admissibility - Schedule for charges
Status: in_force

(a) (1) If a physician refuses to make a reasonable effort to give a deposition in a workers' compensation case within ninety (90) days of receipt of notice, the employee may petition the court for an order requiring the physician to give the deposition. (2) If the physician does not respond to the petition in a timely fashion, the physician may lose the exemption from subpoena to trial established by § 24-9-101 . (b) For the purpose of subsection (a), the requirement that the physician make a reasonable effort to give a deposition may be presumed to be satisfied if the physician offers to be available to give the physician's deposition within ninety (90) days' of notice at two (2) or more reasonable places and at times within normal business hours, but because of scheduling difficulties on the part of any of the other persons who wish to be present at the deposition, the deposition cannot take place at either of the times and places offered by the physician. (c) (1) Any party may introduce direct testimony from a physician through a written medical report on a form established by the administrator. The administrator shall establish by rule the form for the report. All parties have the right to take the physician's deposition on cross examination concerning the contents of the medical report. A written medical report sought to be introduced as evidence must be signed by the physician making the report bearing an original or electronic signature. A reproduced medical report that was originally signed is admissible as evidence to the same extent as the original report or a report bearing an electronic signature unless a genuine question is raised as to the authenticity of the original, which question must be resolved by a workers' compensation judge. A written medical report sought to be introduced into evidence must include within the body of the report or as an attachment a statement of qualifications of the person making the report. The administrator shall, by rule, fix the fee to be charged by the physician for the preparation and filing of the report and fix penalties for a failure to file the report after a timely request for it by an interested party. (2) The written medical report of a treating or examining physician shall be admissible at any stage of a workers' compensation claim in lieu of a deposition upon oral examination, if notice of intent to use the sworn statement is provided to the opposing party or counsel not less than twenty (20) days before the date of intended use. If no objection is filed within ten (10) days of the receipt of the notice, the sworn statement shall be admissible as described in this subsection (c). In the event that a party does object, then the objecting party shall depose the physician within a reasonable period of time or the objection shall be deemed to be waived. (d) The medical payment committee established in § 50-6-125 shall establish a schedule by rule for reasonable charges by physicians for preparing and giving depositions in workers' compensation cases. The schedule may be subject to annual revision. Physicians shall not be permitted to charge more than the amount permitted under the schedule. The rule shall be subject to the approval of the administrator, including annual revisions. Amended by 2023 Tenn. Acts, ch. 145, s 3, eff. 7/1/2023, app. upon becoming a law for the purposes of promulgating rules. Acts 1990, ch. 656, § 2; 1992, ch. 900, § 22; 1996, ch. 944, § 18; 1997 , ch. 533, § 5; 1999 , ch. 520, § 41; 2013 , ch. 289, § 75.
(a) (1) If a physician refuses to make a reasonable effort to give a deposition in a workers' compensation case within ninety (90) days of receipt of notice, the employee may petition the court for an order requiring the physician to give the deposition. (2) If the physician does not respond to the petition in a timely fashion, the physician may lose the exemption from subpoena to trial established by § 24-9-101 .
(1) If a physician refuses to make a reasonable effort to give a deposition in a workers' compensation case within ninety (90) days of receipt of notice, the employee may petition the court for an order requiring the physician to give the deposition.
(2) If the physician does not respond to the petition in a timely fashion, the physician may lose the exemption from subpoena to trial established by § 24-9-101 .
(b) For the purpose of subsection (a), the requirement that the physician make a reasonable effort to give a deposition may be presumed to be satisfied if the physician offers to be available to give the physician's deposition within ninety (90) days' of notice at two (2) or more reasonable places and at times within normal business hours, but because of scheduling difficulties on the part of any of the other persons who wish to be present at the deposition, the deposition cannot take place at either of the times and places offered by the physician.
(c) (1) Any party may introduce direct testimony from a physician through a written medical report on a form established by the administrator. The administrator shall establish by rule the form for the report. All parties have the right to take the physician's deposition on cross examination concerning the contents of the medical report. A written medical report sought to be introduced as evidence must be signed by the physician making the report bearing an original or electronic signature. A reproduced medical report that was originally signed is admissible as evidence to the same extent as the original report or a report bearing an electronic signature unless a genuine question is raised as to the authenticity of the original, which question must be resolved by a workers' compensation judge. A written medical report sought to be introduced into evidence must include within the body of the report or as an attachment a statement of qualifications of the person making the report. The administrator shall, by rule, fix the fee to be charged by the physician for the preparation and filing of the report and fix penalties for a failure to file the report after a timely request for it by an interested party. (2) The written medical report of a treating or examining physician shall be admissible at any stage of a workers' compensation claim in lieu of a deposition upon oral examination, if notice of intent to use the sworn statement is provided to the opposing party or counsel not less than twenty (20) days before the date of intended use. If no objection is filed within ten (10) days of the receipt of the notice, the sworn statement shall be admissible as described in this subsection (c). In the event that a party does object, then the objecting party shall depose the physician within a reasonable period of time or the objection shall be deemed to be waived.
(1) Any party may introduce direct testimony from a physician through a written medical report on a form established by the administrator. The administrator shall establish by rule the form for the report. All parties have the right to take the physician's deposition on cross examination concerning the contents of the medical report. A written medical report sought to be introduced as evidence must be signed by the physician making the report bearing an original or electronic signature. A reproduced medical report that was originally signed is admissible as evidence to the same extent as the original report or a report bearing an electronic signature unless a genuine question is raised as to the authenticity of the original, which question must be resolved by a workers' compensation judge. A written medical report sought to be introduced into evidence must include within the body of the report or as an attachment a statement of qualifications of the person making the report. The administrator shall, by rule, fix the fee to be charged by the physician for the preparation and filing of the report and fix penalties for a failure to file the report after a timely request for it by an interested party.
(2) The written medical report of a treating or examining physician shall be admissible at any stage of a workers' compensation claim in lieu of a deposition upon oral examination, if notice of intent to use the sworn statement is provided to the opposing party or counsel not less than twenty (20) days before the date of intended use. If no objection is filed within ten (10) days of the receipt of the notice, the sworn statement shall be admissible as described in this subsection (c). In the event that a party does object, then the objecting party shall depose the physician within a reasonable period of time or the objection shall be deemed to be waived.
(d) The medical payment committee established in § 50-6-125 shall establish a schedule by rule for reasonable charges by physicians for preparing and giving depositions in workers' compensation cases. The schedule may be subject to annual revision. Physicians shall not be permitted to charge more than the amount permitted under the schedule. The rule shall be subject to the approval of the administrator, including annual revisions.
Amended by 2023 Tenn. Acts, ch. 145, s 3, eff. 7/1/2023, app. upon becoming a law for the purposes of promulgating rules.
Acts 1990, ch. 656, § 2; 1992, ch. 900, § 22; 1996, ch. 944, § 18; 1997 , ch. 533, § 5; 1999 , ch. 520, § 41; 2013 , ch. 289, § 75.
Tenn. Code Ann. § 50-5-113 — TN Code / Title 50 / Chapter 5 / Section 50-5-113
Using children in pornography - Class C felony
Status: in_force

Any person who violates § 50-5-106(20) or who violates § 50-5-103 by employing a child in an occupation that would violate § 50-5-106(20) if the child were over fourteen (14) years of age commits a Class C felony. Acts 1977, ch. 227, § 3; T.C.A., § 50-717; Acts 1989, ch. 591, § 47.
Any person who violates § 50-5-106(20) or who violates § 50-5-103 by employing a child in an occupation that would violate § 50-5-106(20) if the child were over fourteen (14) years of age commits a Class C felony.
Acts 1977, ch. 227, § 3; T.C.A., § 50-717; Acts 1989, ch. 591, § 47.
Tenn. Code Ann. § 50-1-1002 — TN Code / Title 50 / Chapter 1 / Section 50-1-1002
Part definitions
Status: in_force

As used in this part: (1) "Adverse action" means to discharge, threaten, or otherwise discriminate against an employee in any manner that affects the employee's employment, including compensation, terms, conditions, location, rights, immunities, promotions, or privileges; (2) "Applicant" means an individual who has applied for employment with an employer; (3) "Employer" means a person or entity that employs one (1) or more employees and includes the state and its political subdivisions and an agent, representative, or designee of the employer; (4) "Law enforcement agency" has the same meaning as defined in § 39-17-314 ; and (5) "Personal internet account": (A) Means an online account that is used by an employee or applicant exclusively for personal communications unrelated to any business purpose of the employer; and includes any electronic medium or service where users may create, share or view content, including, emails, messages, instant messages, text messages, blogs, podcasts, photographs, videos or user-created profiles; and (B) Does not include an account created, maintained, used, or accessed by an employee or applicant for business-related communications or for a business purpose of the employer. Added by 2014 Tenn. Acts, ch. 826, s 3, eff. 1/1/2015.
As used in this part:
(1) "Adverse action" means to discharge, threaten, or otherwise discriminate against an employee in any manner that affects the employee's employment, including compensation, terms, conditions, location, rights, immunities, promotions, or privileges;
(2) "Applicant" means an individual who has applied for employment with an employer;
(3) "Employer" means a person or entity that employs one (1) or more employees and includes the state and its political subdivisions and an agent, representative, or designee of the employer;
(4) "Law enforcement agency" has the same meaning as defined in § 39-17-314 ; and
(5) "Personal internet account": (A) Means an online account that is used by an employee or applicant exclusively for personal communications unrelated to any business purpose of the employer; and includes any electronic medium or service where users may create, share or view content, including, emails, messages, instant messages, text messages, blogs, podcasts, photographs, videos or user-created profiles; and (B) Does not include an account created, maintained, used, or accessed by an employee or applicant for business-related communications or for a business purpose of the employer.
(A) Means an online account that is used by an employee or applicant exclusively for personal communications unrelated to any business purpose of the employer; and includes any electronic medium or service where users may create, share or view content, including, emails, messages, instant messages, text messages, blogs, podcasts, photographs, videos or user-created profiles; and
(B) Does not include an account created, maintained, used, or accessed by an employee or applicant for business-related communications or for a business purpose of the employer.
Added by 2014 Tenn. Acts, ch. 826, s 3, eff. 1/1/2015.
Tenn. Code Ann. § 50-6-907 — TN Code / Title 50 / Chapter 6 / Section 50-6-907
Term of validity of exemption - Renewal
Status: in_force

(a) The exemption obtained pursuant to this part shall be valid for two (2) years from a date and time set by the bureau of workers' compensation. No more than sixty (60) days prior to the expiration of the exemption period, a construction services provider may file an application to renew an exemption. Renewal of an exemption shall be made in a manner established by the bureau of workers' compensation. (b) The bureau of workers' compensation shall remove the construction services provider's name from the registry at the close of business on the day the provider's exemption expires. If the exemption expires on a day that state offices are closed or the bureau of workers' compensation's office in Nashville is closed, the exemption shall expire at the close of business on the next business day. (c) A construction services provider whose registration expires under this section may renew the exemption by following the procedure outlined in § 50-6-904 . Amended by 2021 Tenn. Acts, ch. 88, Secs.s3, s5 eff. 1/1/2022. Amended by 2021 Tenn. Acts, ch. 88, s 2, eff. 1/1/2022. Acts 2010 , ch. 1149, § 13.
(a) The exemption obtained pursuant to this part shall be valid for two (2) years from a date and time set by the bureau of workers' compensation. No more than sixty (60) days prior to the expiration of the exemption period, a construction services provider may file an application to renew an exemption. Renewal of an exemption shall be made in a manner established by the bureau of workers' compensation.
(b) The bureau of workers' compensation shall remove the construction services provider's name from the registry at the close of business on the day the provider's exemption expires. If the exemption expires on a day that state offices are closed or the bureau of workers' compensation's office in Nashville is closed, the exemption shall expire at the close of business on the next business day.
(c) A construction services provider whose registration expires under this section may renew the exemption by following the procedure outlined in § 50-6-904 .
Amended by 2021 Tenn. Acts, ch. 88, Secs.s3, s5 eff. 1/1/2022.
Amended by 2021 Tenn. Acts, ch. 88, s 2, eff. 1/1/2022.
Acts 2010 , ch. 1149, § 13.
Tenn. Code Ann. § 50-3-908 — TN Code / Title 50 / Chapter 3 / Section 50-3-908
Violations by state departments or agencies - Notice
Status: in_force

(a) Whenever the commissioner has reason to believe that an agency or department is failing reasonably to abide by §§ 50-3-906 - 50-3-913, the commissioner may issue to the head of the agency or department a written notification stating in what respects the agency or department has not adequately met its responsibilities. (b) If the agency or department does not advise the commissioner within twenty (20) days of its intention to contest the notification, the commissioner shall submit a copy of the notification to the governor, together with a request that action be taken to bring the agency or department into compliance with this chapter. (c) If, within twenty (20) days of receipt of notification, the agency or department advises the commissioner of its intention to contest the notification, the commissioner shall promptly notify the commission, which shall afford an opportunity for a hearing and shall thereafter issue to the governor its findings of fact and recommendations for action. Acts 1972, ch. 561, § 19; 1974, ch. 585, §§ 30, 37; 1977, ch. 111, § 39; T.C.A., § 50-569; Acts 1999, ch. 520, § 41; 2004, ch. 558, § 2.
(a) Whenever the commissioner has reason to believe that an agency or department is failing reasonably to abide by §§ 50-3-906 - 50-3-913, the commissioner may issue to the head of the agency or department a written notification stating in what respects the agency or department has not adequately met its responsibilities.
(b) If the agency or department does not advise the commissioner within twenty (20) days of its intention to contest the notification, the commissioner shall submit a copy of the notification to the governor, together with a request that action be taken to bring the agency or department into compliance with this chapter.
(c) If, within twenty (20) days of receipt of notification, the agency or department advises the commissioner of its intention to contest the notification, the commissioner shall promptly notify the commission, which shall afford an opportunity for a hearing and shall thereafter issue to the governor its findings of fact and recommendations for action.
Acts 1972, ch. 561, § 19; 1974, ch. 585, §§ 30, 37; 1977, ch. 111, § 39; T.C.A., § 50-569; Acts 1999, ch. 520, § 41; 2004, ch. 558, § 2.
Tenn. Code Ann. § 50-6-125 — TN Code / Title 50 / Chapter 6 / Section 50-6-125
Medical payment committee
Status: in_force

(a) (1) The administrator shall appoint a medical payment committee. The committee shall hear disputes on medical bill payments between providers and insurers and advise the administrator on issues relating to the medical fee schedule and medical care cost containment in the workers' compensation system. Upon hearing disputes on medical bill payments between providers and insurers, the medical payment committee shall have authority to render a decision on the merits of a dispute. If the medical payment committee determines that a provider or insurer has acted in bad faith in refusing to provide payment for a medical bill or refusing to provide reimbursement for overpayment, the medical payment committee, upon a majority vote, shall refer the malfeasant provider or insurer to the bureau for consideration of assessment of a civil penalty of no more than one thousand dollars ($1,000) per occurrence. Any provider or insurer aggrieved by the assessment of a penalty under this subsection (a) shall have the right to seek review of the penalty assessment in the manner provided by § 50-6-118(c) . (2) The committee shall be comprised of seven (7) voting members appointed by the administrator as follows: (A) Three (3) members shall be representative of the medical provider industry; (B) Three (3) members shall be representative of the workers' compensation insurance industry; and (C) The medical director shall serve as the final member of the committee but shall not cast a vote unless a vote taken by members results in a tie. In that case, the medical director shall cast the deciding vote. (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, and the individual may be reappointed by the administrator upon expiration of the term. (e) This section applies to all disputes of medical bill payments for services provided, pursuant to this chapter, on or after July 1, 2014. Acts 1992, ch. 900, § 9; 1999, ch. 520, § 41; 2004, ch. 962, § 33; 2005, ch. 105, §§ 1, 2; 2013, ch. 289, § 23; 2014, ch. 903, § 4; 2015, ch. 341, § 15.
(a) (1) The administrator shall appoint a medical payment committee. The committee shall hear disputes on medical bill payments between providers and insurers and advise the administrator on issues relating to the medical fee schedule and medical care cost containment in the workers' compensation system. Upon hearing disputes on medical bill payments between providers and insurers, the medical payment committee shall have authority to render a decision on the merits of a dispute. If the medical payment committee determines that a provider or insurer has acted in bad faith in refusing to provide payment for a medical bill or refusing to provide reimbursement for overpayment, the medical payment committee, upon a majority vote, shall refer the malfeasant provider or insurer to the bureau for consideration of assessment of a civil penalty of no more than one thousand dollars ($1,000) per occurrence. Any provider or insurer aggrieved by the assessment of a penalty under this subsection (a) shall have the right to seek review of the penalty assessment in the manner provided by § 50-6-118(c) . (2) The committee shall be comprised of seven (7) voting members appointed by the administrator as follows: (A) Three (3) members shall be representative of the medical provider industry; (B) Three (3) members shall be representative of the workers' compensation insurance industry; and (C) The medical director shall serve as the final member of the committee but shall not cast a vote unless a vote taken by members results in a tie. In that case, the medical director shall cast the deciding vote.
(1) The administrator shall appoint a medical payment committee. The committee shall hear disputes on medical bill payments between providers and insurers and advise the administrator on issues relating to the medical fee schedule and medical care cost containment in the workers' compensation system. Upon hearing disputes on medical bill payments between providers and insurers, the medical payment committee shall have authority to render a decision on the merits of a dispute. If the medical payment committee determines that a provider or insurer has acted in bad faith in refusing to provide payment for a medical bill or refusing to provide reimbursement for overpayment, the medical payment committee, upon a majority vote, shall refer the malfeasant provider or insurer to the bureau for consideration of assessment of a civil penalty of no more than one thousand dollars ($1,000) per occurrence. Any provider or insurer aggrieved by the assessment of a penalty under this subsection (a) shall have the right to seek review of the penalty assessment in the manner provided by § 50-6-118(c) .
(2) The committee shall be comprised of seven (7) voting members appointed by the administrator as follows: (A) Three (3) members shall be representative of the medical provider industry; (B) Three (3) members shall be representative of the workers' compensation insurance industry; and (C) The medical director shall serve as the final member of the committee but shall not cast a vote unless a vote taken by members results in a tie. In that case, the medical director shall cast the deciding vote.
(A) Three (3) members shall be representative of the medical provider industry;
(B) Three (3) members shall be representative of the workers' compensation insurance industry; and
(C) The medical director shall serve as the final member of the committee but shall not cast a vote unless a vote taken by members results in a tie. In that case, the medical director shall cast the deciding vote.
(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, and the individual may be reappointed by the administrator upon expiration of the term.
(e) This section applies to all disputes of medical bill payments for services provided, pursuant to this chapter, on or after July 1, 2014.
Acts 1992, ch. 900, § 9; 1999, ch. 520, § 41; 2004, ch. 962, § 33; 2005, ch. 105, §§ 1, 2; 2013, ch. 289, § 23; 2014, ch. 903, § 4; 2015, ch. 341, § 15.
Tenn. Code Ann. § 50-6-920 — TN Code / Title 50 / Chapter 6 / Section 50-6-920
Offense - Violation
Status: in_force

(a) It is an offense for any employer to knowingly: (1) Coerce or attempt to coerce, as a precondition to employment or otherwise, a job applicant to obtain an exemption pursuant to this part; or (2) Coerce, attempt to coerce, discharge or take any adverse employment action against an employee because the employee has failed to obtain an exemption pursuant to this part. (b) A violation of subsection (a) is a Class A misdemeanor. Acts 2010, ch. 1149, § 13.
(a) It is an offense for any employer to knowingly: (1) Coerce or attempt to coerce, as a precondition to employment or otherwise, a job applicant to obtain an exemption pursuant to this part; or (2) Coerce, attempt to coerce, discharge or take any adverse employment action against an employee because the employee has failed to obtain an exemption pursuant to this part.
(1) Coerce or attempt to coerce, as a precondition to employment or otherwise, a job applicant to obtain an exemption pursuant to this part; or
(2) Coerce, attempt to coerce, discharge or take any adverse employment action against an employee because the employee has failed to obtain an exemption pursuant to this part.
(b) A violation of subsection (a) is a Class A misdemeanor.
Acts 2010, ch. 1149, § 13.
Tenn. Code Ann. § 50-7-204 — TN Code / Title 50 / Chapter 7 / Section 50-7-204
"Attributable to service" defined - "Payments in lieu of premiums" and "premiums" defined
Status: in_force

As used in this chapter, unless the context otherwise requires: (1) "Attributable to service" expressly means any and all benefits paid based on wages earned while in the employ of any and all eligible employers who elect to reimburse the state for benefits paid in lieu of premiums wherever an election is authorized by this chapter; (2) "Payments in lieu of premiums," whether singular or plural: (A) Means the money payments made into the state unemployment compensation fund by employers pursuant to § 50-7-403(h) and (i) ; (B) Means payments in lieu of contributions within the meaning and contemplation of the federal Unemployment Tax Act, subtitle C, chapter 23, of the Internal Revenue Code of 1954 ( 26 U.S.C. § 3301 et seq.); and (C) Is deemed to be taxes due to the state; and (3) "Premiums," except for purposes of §§ 50-7-213(d)(1)(D)(i) , 50-7-501(b) , and 50-7-502(a) , whether singular or plural: (A) Means the money payments to the state unemployment compensation fund required by § 50-7-403(e)-(g) ; (B) Means contributions within the meaning and contemplation of the federal Unemployment Tax Act, Subtitle C, Chapter 23 of the Internal Revenue Code of 1954 ( 26 U.S.C. § 3301 et seq.); and (C) Is deemed to be taxes due to the state. Acts 1947, ch. 29, § 2; C. Supp. 1950, § 6901.2 (Williams, § 6901.26); Acts 1973, ch. 130, § 1; 1981, ch. 249, § 1; T.C.A. (orig. ed.), § 50-1306; Acts 1985, ch. 318, § 4; 1987, ch. 148, § 1.
As used in this chapter, unless the context otherwise requires:
(1) "Attributable to service" expressly means any and all benefits paid based on wages earned while in the employ of any and all eligible employers who elect to reimburse the state for benefits paid in lieu of premiums wherever an election is authorized by this chapter;
(2) "Payments in lieu of premiums," whether singular or plural: (A) Means the money payments made into the state unemployment compensation fund by employers pursuant to § 50-7-403(h) and (i) ; (B) Means payments in lieu of contributions within the meaning and contemplation of the federal Unemployment Tax Act, subtitle C, chapter 23, of the Internal Revenue Code of 1954 ( 26 U.S.C. § 3301 et seq.); and (C) Is deemed to be taxes due to the state; and
(A) Means the money payments made into the state unemployment compensation fund by employers pursuant to § 50-7-403(h) and (i) ;
(B) Means payments in lieu of contributions within the meaning and contemplation of the federal Unemployment Tax Act, subtitle C, chapter 23, of the Internal Revenue Code of 1954 ( 26 U.S.C. § 3301 et seq.); and
(C) Is deemed to be taxes due to the state; and
(3) "Premiums," except for purposes of §§ 50-7-213(d)(1)(D)(i) , 50-7-501(b) , and 50-7-502(a) , whether singular or plural: (A) Means the money payments to the state unemployment compensation fund required by § 50-7-403(e)-(g) ; (B) Means contributions within the meaning and contemplation of the federal Unemployment Tax Act, Subtitle C, Chapter 23 of the Internal Revenue Code of 1954 ( 26 U.S.C. § 3301 et seq.); and (C) Is deemed to be taxes due to the state.
(A) Means the money payments to the state unemployment compensation fund required by § 50-7-403(e)-(g) ;
(B) Means contributions within the meaning and contemplation of the federal Unemployment Tax Act, Subtitle C, Chapter 23 of the Internal Revenue Code of 1954 ( 26 U.S.C. § 3301 et seq.); and
(C) Is deemed to be taxes due to the state.
Acts 1947, ch. 29, § 2; C. Supp. 1950, § 6901.2 (Williams, § 6901.26); Acts 1973, ch. 130, § 1; 1981, ch. 249, § 1; T.C.A. (orig. ed.), § 50-1306; Acts 1985, ch. 318, § 4; 1987, ch. 148, § 1.
Tenn. Code Ann. § 50-6-703 — TN Code / Title 50 / Chapter 6 / Section 50-6-703
Association captive insurance companies as administrators for certain entities
Status: in_force

An association captive insurance company may, directly or through an entity it may create and control, enter into agreements with participating governmental entities or electric cooperatives under § 29-20-401 , to serve as administrator or act as the special fund or legal or administrative entity of the pooled financial and administrative resources thereunder and under this part, and may charge fees and costs for such services as administrator. The company may provide insurance or reinsurance for excess losses above the amounts that are retained by the pooled financial resources, the same as if it were created by governmental entities under § 29-20-401(e) , for those purposes, an electric cooperative shall be deemed to be a governmental entity. To the extent that an association captive insurance company shall be deemed to become a party to an interlocal agreement, it shall be deemed to have the status of a public agency for those purposes. The administrative activities and operations of the fund or entity, whether by, through or under the direction or supervision of the association captive insurance company or otherwise, shall be subject to § 29-20-401(d) , and certificates of compliance may be issued as authorized by § 29-20-401(c)(2) . Acts 1995, ch. 488, § 3.
An association captive insurance company may, directly or through an entity it may create and control, enter into agreements with participating governmental entities or electric cooperatives under § 29-20-401 , to serve as administrator or act as the special fund or legal or administrative entity of the pooled financial and administrative resources thereunder and under this part, and may charge fees and costs for such services as administrator. The company may provide insurance or reinsurance for excess losses above the amounts that are retained by the pooled financial resources, the same as if it were created by governmental entities under § 29-20-401(e) , for those purposes, an electric cooperative shall be deemed to be a governmental entity. To the extent that an association captive insurance company shall be deemed to become a party to an interlocal agreement, it shall be deemed to have the status of a public agency for those purposes. The administrative activities and operations of the fund or entity, whether by, through or under the direction or supervision of the association captive insurance company or otherwise, shall be subject to § 29-20-401(d) , and certificates of compliance may be issued as authorized by § 29-20-401(c)(2) .
Acts 1995, ch. 488, § 3.
Tenn. Code Ann. § 50-6-502 — TN Code / Title 50 / Chapter 6 / Section 50-6-502
Rules governing committees - Duties of committees - Training - Operation under collective bargaining agreement
Status: in_force

(a) In carrying out § 50-6-501 , the administrator of the workers' compensation bureau shall promulgate rules that include, but are not limited to, provisions: (1) Prescribing the membership of the committees to ensure equal numbers of hourly employees and employer representatives as well as specifying the frequency of meetings; (2) Requiring employers to make adequate written records of each meeting and to maintain the records subject to inspection by Tennessee occupational safety and health administration representatives; and (3) Requiring employers to compensate employee representatives on safety committees at the regular hourly wage while the employees are engaged in safety committee training or are attending safety committee meetings. (b) The duties and functions of the safety committee shall include, but are not limited to: (1) Assisting in establishing procedures for workplace safety inspections by the committee; (2) Assisting in establishing procedures for investigating all safety incidents, accidents, illnesses and deaths; and (3) Assisting in evaluating accident and illness prevention programs. (c) The employer shall provide training for safety committee members in their duties and responsibilities provided in subsection (b). (d) An employer operating under a collective bargaining agreement that contains provisions regulating the formation and operation of a safety committee that meets or exceeds the minimum requirements of this section and § 50-6-501 may apply to the administrator of the workers' compensation bureau for a determination that the employer meets the requirements of this section and § 50-6-501 . Acts 1992, ch. 900, § 5; 1999, ch. 520, § 41; 2013, ch. 282, § 1; 2015, ch. 341, § 15.
(a) In carrying out § 50-6-501 , the administrator of the workers' compensation bureau shall promulgate rules that include, but are not limited to, provisions: (1) Prescribing the membership of the committees to ensure equal numbers of hourly employees and employer representatives as well as specifying the frequency of meetings; (2) Requiring employers to make adequate written records of each meeting and to maintain the records subject to inspection by Tennessee occupational safety and health administration representatives; and (3) Requiring employers to compensate employee representatives on safety committees at the regular hourly wage while the employees are engaged in safety committee training or are attending safety committee meetings.
(1) Prescribing the membership of the committees to ensure equal numbers of hourly employees and employer representatives as well as specifying the frequency of meetings;
(2) Requiring employers to make adequate written records of each meeting and to maintain the records subject to inspection by Tennessee occupational safety and health administration representatives; and
(3) Requiring employers to compensate employee representatives on safety committees at the regular hourly wage while the employees are engaged in safety committee training or are attending safety committee meetings.
(b) The duties and functions of the safety committee shall include, but are not limited to: (1) Assisting in establishing procedures for workplace safety inspections by the committee; (2) Assisting in establishing procedures for investigating all safety incidents, accidents, illnesses and deaths; and (3) Assisting in evaluating accident and illness prevention programs.
(1) Assisting in establishing procedures for workplace safety inspections by the committee;
(2) Assisting in establishing procedures for investigating all safety incidents, accidents, illnesses and deaths; and
(3) Assisting in evaluating accident and illness prevention programs.
(c) The employer shall provide training for safety committee members in their duties and responsibilities provided in subsection (b).
(d) An employer operating under a collective bargaining agreement that contains provisions regulating the formation and operation of a safety committee that meets or exceeds the minimum requirements of this section and § 50-6-501 may apply to the administrator of the workers' compensation bureau for a determination that the employer meets the requirements of this section and § 50-6-501 .
Acts 1992, ch. 900, § 5; 1999, ch. 520, § 41; 2013, ch. 282, § 1; 2015, ch. 341, § 15.