Tenn. Code Ann. § 50-6-908 — TN Code / Title 50 / Chapter 6 / Section 50-6-908
[Effective until 7/1/2029] Revocation of exemption by provider or bureau of workers' compensation
Status: in_force

(a) (1) Any construction services provider who obtains an exemption and subsequently chooses to revoke such exemption shall: (A) Give notice to the person or entity for whom the provider may currently be providing services of the revocation in accordance with a form prescribed by the bureau of workers' compensation; (B) Attest as to whether or not the provider has any employment related injuries at the time of such revocation that occurred while providing services to a person or entity that did not provide coverage under a policy of workers' compensation; and (C) Within twenty-four (24) hours of such revocation, notify any person or entity for whom the provider is currently providing services that the provider has voluntarily revoked the provider's workers' compensation exemption. (2) Upon filing such notice, the bureau of workers' compensation shall remove the construction services provider's name from the registry. (3) A construction services provider who revokes an exemption under this section may reapply for an exemption by following the procedure set forth in § 50-6-904 . (b) (1) In addition to the revocation set out in subsection (a), a workers' compensation exemption shall be revoked by the bureau of workers' compensation upon: (A) Notification from the board that the board has revoked or suspended any license issued to the construction services provider by the board, including a license issued to a business entity through which the construction services provider obtained such an exemption. For purposes of this subdivision (b)(1)(A), if a construction services provider's license is revoked, whether or not such license is in the provider's individual name or in the name of a business entity through which the provider obtained an exemption, then any exemption obtained through such business entity shall be revoked; (B) Notification from the department of any violations of § 50-6-412 by the construction services provider, including any violation against a business entity through which the construction services provider obtained such an exemption. For purposes of this subdivision (b)(1)(B), if a construction services provider has violated § 50-6-412 , whether or not such violation was committed by the individual or a business entity through which the provider obtained an exemption, then any exemption obtained through such business entity shall be revoked and all exemptions in the provider's name shall be subject to revocation; (C) A determination by the bureau of workers' compensation that the construction services provider no longer meets the requirements for an exemption established pursuant to this part; or (D) A determination by the bureau of workers' compensation that the construction services provider failed to renew prior to the expiration date of such exemption or the provider failed to pay any fees required to be paid pursuant to this part. (2) Any notification of a violation made by the department pursuant to subdivision (b)(1)(B) shall include information indicating whether such violation requires a temporary or permanent revocation pursuant to § 50-6-412 . (3) If a provider's exemption is revoked pursuant to this section, the bureau of workers' compensation shall: (A) Remove the construction services provider's name from the registry within seven (7) days of receipt of notification from the department or the board, or upon making a determination as provided in subdivision (b)(1)(C) or (b)(1)(D); and (B) Notify the construction services provider that such provider is required to notify, within twenty-four (24) hours of such revocation, any person or entity for whom the provider is currently providing services that the provider's workers' compensation exemption has been revoked. If a construction services provider fails to perform the notification required in this subdivision (b)(3)(B), then the person or entity for whom the provider provided services is not liable for workers' compensation insurance for the construction services provider. (4) If a provider's exemption is revoked pursuant to subdivision (b)(1), the administrative and judicial procedures available to such provider shall be those procedures set out in § 50-6-906 . (c) If a construction services provider's exemption is revoked pursuant to this section, the construction services provider shall be required to carry workers' compensation insurance as provided in § 50-6-902(a) ; provided, that such construction services provider does not otherwise meet an exemption set out in § 50-6-902(b) . (d) A construction services provider whose exemption is revoked for any reason set out in this part shall be notified of such revocation in writing, and shall not be entitled to a refund of filing fees. Amended by 2024 Tenn. Acts, ch. 532,s 5, eff. 6/30/2024. Amended by 2021 Tenn. Acts, ch. 189, s 5, 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. Acts 2010 , ch. 1149, § 13; 2011 , ch. 422, §§ 6 - 8.
(a) (1) Any construction services provider who obtains an exemption and subsequently chooses to revoke such exemption shall: (A) Give notice to the person or entity for whom the provider may currently be providing services of the revocation in accordance with a form prescribed by the bureau of workers' compensation; (B) Attest as to whether or not the provider has any employment related injuries at the time of such revocation that occurred while providing services to a person or entity that did not provide coverage under a policy of workers' compensation; and (C) Within twenty-four (24) hours of such revocation, notify any person or entity for whom the provider is currently providing services that the provider has voluntarily revoked the provider's workers' compensation exemption. (2) Upon filing such notice, the bureau of workers' compensation shall remove the construction services provider's name from the registry. (3) A construction services provider who revokes an exemption under this section may reapply for an exemption by following the procedure set forth in § 50-6-904 .
(1) Any construction services provider who obtains an exemption and subsequently chooses to revoke such exemption shall: (A) Give notice to the person or entity for whom the provider may currently be providing services of the revocation in accordance with a form prescribed by the bureau of workers' compensation; (B) Attest as to whether or not the provider has any employment related injuries at the time of such revocation that occurred while providing services to a person or entity that did not provide coverage under a policy of workers' compensation; and (C) Within twenty-four (24) hours of such revocation, notify any person or entity for whom the provider is currently providing services that the provider has voluntarily revoked the provider's workers' compensation exemption.
(A) Give notice to the person or entity for whom the provider may currently be providing services of the revocation in accordance with a form prescribed by the bureau of workers' compensation;
(B) Attest as to whether or not the provider has any employment related injuries at the time of such revocation that occurred while providing services to a person or entity that did not provide coverage under a policy of workers' compensation; and
(C) Within twenty-four (24) hours of such revocation, notify any person or entity for whom the provider is currently providing services that the provider has voluntarily revoked the provider's workers' compensation exemption.
(2) Upon filing such notice, the bureau of workers' compensation shall remove the construction services provider's name from the registry.
(3) A construction services provider who revokes an exemption under this section may reapply for an exemption by following the procedure set forth in § 50-6-904 .
(b) (1) In addition to the revocation set out in subsection (a), a workers' compensation exemption shall be revoked by the bureau of workers' compensation upon: (A) Notification from the board that the board has revoked or suspended any license issued to the construction services provider by the board, including a license issued to a business entity through which the construction services provider obtained such an exemption. For purposes of this subdivision (b)(1)(A), if a construction services provider's license is revoked, whether or not such license is in the provider's individual name or in the name of a business entity through which the provider obtained an exemption, then any exemption obtained through such business entity shall be revoked; (B) Notification from the department of any violations of § 50-6-412 by the construction services provider, including any violation against a business entity through which the construction services provider obtained such an exemption. For purposes of this subdivision (b)(1)(B), if a construction services provider has violated § 50-6-412 , whether or not such violation was committed by the individual or a business entity through which the provider obtained an exemption, then any exemption obtained through such business entity shall be revoked and all exemptions in the provider's name shall be subject to revocation; (C) A determination by the bureau of workers' compensation that the construction services provider no longer meets the requirements for an exemption established pursuant to this part; or (D) A determination by the bureau of workers' compensation that the construction services provider failed to renew prior to the expiration date of such exemption or the provider failed to pay any fees required to be paid pursuant to this part. (2) Any notification of a violation made by the department pursuant to subdivision (b)(1)(B) shall include information indicating whether such violation requires a temporary or permanent revocation pursuant to § 50-6-412 . (3) If a provider's exemption is revoked pursuant to this section, the bureau of workers' compensation shall: (A) Remove the construction services provider's name from the registry within seven (7) days of receipt of notification from the department or the board, or upon making a determination as provided in subdivision (b)(1)(C) or (b)(1)(D); and (B) Notify the construction services provider that such provider is required to notify, within twenty-four (24) hours of such revocation, any person or entity for whom the provider is currently providing services that the provider's workers' compensation exemption has been revoked. If a construction services provider fails to perform the notification required in this subdivision (b)(3)(B), then the person or entity for whom the provider provided services is not liable for workers' compensation insurance for the construction services provider. (4) If a provider's exemption is revoked pursuant to subdivision (b)(1), the administrative and judicial procedures available to such provider shall be those procedures set out in § 50-6-906 .
(1) In addition to the revocation set out in subsection (a), a workers' compensation exemption shall be revoked by the bureau of workers' compensation upon: (A) Notification from the board that the board has revoked or suspended any license issued to the construction services provider by the board, including a license issued to a business entity through which the construction services provider obtained such an exemption. For purposes of this subdivision (b)(1)(A), if a construction services provider's license is revoked, whether or not such license is in the provider's individual name or in the name of a business entity through which the provider obtained an exemption, then any exemption obtained through such business entity shall be revoked; (B) Notification from the department of any violations of § 50-6-412 by the construction services provider, including any violation against a business entity through which the construction services provider obtained such an exemption. For purposes of this subdivision (b)(1)(B), if a construction services provider has violated § 50-6-412 , whether or not such violation was committed by the individual or a business entity through which the provider obtained an exemption, then any exemption obtained through such business entity shall be revoked and all exemptions in the provider's name shall be subject to revocation; (C) A determination by the bureau of workers' compensation that the construction services provider no longer meets the requirements for an exemption established pursuant to this part; or (D) A determination by the bureau of workers' compensation that the construction services provider failed to renew prior to the expiration date of such exemption or the provider failed to pay any fees required to be paid pursuant to this part.
(A) Notification from the board that the board has revoked or suspended any license issued to the construction services provider by the board, including a license issued to a business entity through which the construction services provider obtained such an exemption. For purposes of this subdivision (b)(1)(A), if a construction services provider's license is revoked, whether or not such license is in the provider's individual name or in the name of a business entity through which the provider obtained an exemption, then any exemption obtained through such business entity shall be revoked;
(B) Notification from the department of any violations of § 50-6-412 by the construction services provider, including any violation against a business entity through which the construction services provider obtained such an exemption. For purposes of this subdivision (b)(1)(B), if a construction services provider has violated § 50-6-412 , whether or not such violation was committed by the individual or a business entity through which the provider obtained an exemption, then any exemption obtained through such business entity shall be revoked and all exemptions in the provider's name shall be subject to revocation;
(C) A determination by the bureau of workers' compensation that the construction services provider no longer meets the requirements for an exemption established pursuant to this part; or
(D) A determination by the bureau of workers' compensation that the construction services provider failed to renew prior to the expiration date of such exemption or the provider failed to pay any fees required to be paid pursuant to this part.
(2) Any notification of a violation made by the department pursuant to subdivision (b)(1)(B) shall include information indicating whether such violation requires a temporary or permanent revocation pursuant to § 50-6-412 .
(3) If a provider's exemption is revoked pursuant to this section, the bureau of workers' compensation shall: (A) Remove the construction services provider's name from the registry within seven (7) days of receipt of notification from the department or the board, or upon making a determination as provided in subdivision (b)(1)(C) or (b)(1)(D); and (B) Notify the construction services provider that such provider is required to notify, within twenty-four (24) hours of such revocation, any person or entity for whom the provider is currently providing services that the provider's workers' compensation exemption has been revoked. If a construction services provider fails to perform the notification required in this subdivision (b)(3)(B), then the person or entity for whom the provider provided services is not liable for workers' compensation insurance for the construction services provider.
(A) Remove the construction services provider's name from the registry within seven (7) days of receipt of notification from the department or the board, or upon making a determination as provided in subdivision (b)(1)(C) or (b)(1)(D); and
(B) Notify the construction services provider that such provider is required to notify, within twenty-four (24) hours of such revocation, any person or entity for whom the provider is currently providing services that the provider's workers' compensation exemption has been revoked. If a construction services provider fails to perform the notification required in this subdivision (b)(3)(B), then the person or entity for whom the provider provided services is not liable for workers' compensation insurance for the construction services provider.
(4) If a provider's exemption is revoked pursuant to subdivision (b)(1), the administrative and judicial procedures available to such provider shall be those procedures set out in § 50-6-906 .
(c) If a construction services provider's exemption is revoked pursuant to this section, the construction services provider shall be required to carry workers' compensation insurance as provided in § 50-6-902(a) ; provided, that such construction services provider does not otherwise meet an exemption set out in § 50-6-902(b) .
(d) A construction services provider whose exemption is revoked for any reason set out in this part shall be notified of such revocation in writing, and shall not be entitled to a refund of filing fees.
Amended by 2024 Tenn. Acts, ch. 532,s 5, eff. 6/30/2024.
Amended by 2021 Tenn. Acts, ch. 189, s 5, 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.
Acts 2010 , ch. 1149, § 13; 2011 , ch. 422, §§ 6 - 8.
Tenn. Code Ann. § 50-5-220 — TN Code / Title 50 / Chapter 5 / Section 50-5-220
Options of the court
Status: in_force

(a) The court at the hearing or on an adjournment of the hearing, may by its order do any of the following: (1) Approve or disapprove the contract or proposed contract; (2) Approve the contract upon such conditions, with respect to modification of the terms of the contract or otherwise, as it shall determine; (3) Appoint a guardian ad litem as provided by § 50-5-215 ; (4) Appoint a trustee to administer the trust for earnings as provided by § 50-5-222 ; or (5) Award reasonable attorney's fees and other expenses paid or to be paid by or on behalf of the minor in connection with the proceeding, approval of the contract, and its performance. (b) The court shall consider the following factors in making its final determination: (1) The best interest of the minor; (2) Whether the minor is represented by a lawyer; (3) The length of the contract; (4) The age of the minor; and (5) Any other matter that the court deems appropriate. Acts 2003, ch. 168, § 1.
(a) The court at the hearing or on an adjournment of the hearing, may by its order do any of the following: (1) Approve or disapprove the contract or proposed contract; (2) Approve the contract upon such conditions, with respect to modification of the terms of the contract or otherwise, as it shall determine; (3) Appoint a guardian ad litem as provided by § 50-5-215 ; (4) Appoint a trustee to administer the trust for earnings as provided by § 50-5-222 ; or (5) Award reasonable attorney's fees and other expenses paid or to be paid by or on behalf of the minor in connection with the proceeding, approval of the contract, and its performance.
(1) Approve or disapprove the contract or proposed contract;
(2) Approve the contract upon such conditions, with respect to modification of the terms of the contract or otherwise, as it shall determine;
(3) Appoint a guardian ad litem as provided by § 50-5-215 ;
(4) Appoint a trustee to administer the trust for earnings as provided by § 50-5-222 ; or
(5) Award reasonable attorney's fees and other expenses paid or to be paid by or on behalf of the minor in connection with the proceeding, approval of the contract, and its performance.
(b) The court shall consider the following factors in making its final determination: (1) The best interest of the minor; (2) Whether the minor is represented by a lawyer; (3) The length of the contract; (4) The age of the minor; and (5) Any other matter that the court deems appropriate.
(1) The best interest of the minor;
(2) Whether the minor is represented by a lawyer;
(3) The length of the contract;
(4) The age of the minor; and
(5) Any other matter that the court deems appropriate.
Acts 2003, ch. 168, § 1.
Tenn. Code Ann. § 50-6-127 — TN Code / Title 50 / Chapter 6 / Section 50-6-127
Public awareness program concerning workers' compensation fraud - Investigations and referrals
Status: in_force

(a) The administrator, in consultation with the commissioner of commerce and insurance and appropriate law enforcement officials, shall implement a public awareness program concerning workers' compensation fraud. (b) The bureau of workers' compensation shall investigate to determine whether any fraudulent conduct relating to workers' compensation is being practiced, and shall refer to an appropriate law enforcement agency any finding of fraud. Acts 1992, ch. 900, § 21; 1996, ch. 944, § 12; 1999, ch. 520, § 41; 2000, ch. 852, § 14; 2003, ch. 355, § 16; 2013, ch. 282, § 1; 2015, ch. 341, § 15.
(a) The administrator, in consultation with the commissioner of commerce and insurance and appropriate law enforcement officials, shall implement a public awareness program concerning workers' compensation fraud.
(b) The bureau of workers' compensation shall investigate to determine whether any fraudulent conduct relating to workers' compensation is being practiced, and shall refer to an appropriate law enforcement agency any finding of fraud.
Acts 1992, ch. 900, § 21; 1996, ch. 944, § 12; 1999, ch. 520, § 41; 2000, ch. 852, § 14; 2003, ch. 355, § 16; 2013, ch. 282, § 1; 2015, ch. 341, § 15.
Tenn. Code Ann. § 50-6-209 — TN Code / Title 50 / Chapter 6 / Section 50-6-209
Maximum compensation
Status: in_force

(a) In all cases of permanent total disability of an employee covered by this chapter, sixty-six and two-thirds percent (66 2/3%) of the average weekly wages shall be paid, subject to maximum compensation as follows: where there are or are not persons dependent upon each injured employee, the maximum weekly benefit per week. (b) (1) In all cases of death of an employee covered by this chapter, sixty-six and two-thirds percent (66 2/3%) of the average weekly wages shall be paid in cases where the deceased employee leaves dependents, subject to the maximum weekly benefit. (2) In all cases of death of an employee covered by this chapter, and where the employee leaves no dependents, as provided in § 50-6-210 , then the lump sum amount of twenty thousand dollars ($20,000) shall be paid to the estate of the deceased employee. (3) The total amount of compensation payable under this subsection (b) shall not exceed the maximum total benefit exclusive of medical, hospital and funeral benefits. Acts 1923, ch. 84, § 1; Shan. Supp., §§ 3608a178, 3608a179; Acts 1927, ch. 40, § 1; mod. Code 1932, §§ 6879-6881; Acts 1941, ch. 90, §§ 6, 7; 1947, ch. 139, §§ 7-9; 1949, ch. 277, §§ 4-6; C. Supp. 1950, §§ 6879-6881; Acts 1953, ch. 111, §§ 3-5; 1955, ch. 182, §§ 6-8; 1957, ch. 270, §§ 4-6; 1959, ch. 172, §§ 7-9; 1963, ch. 362, § 1; 1965, ch. 158, § 1; 1967, ch. 313, §§ 1, 2; 1969, ch. 196, §§ 1, 2; 1971, ch. 134, §§ 1, 2; 1973, ch. 379, §§ 7, 8; 1974, ch. 617, §§ 3-5; 1975, ch. 86, §§ 3-5; 1977, ch. 354, §§ 3-5; 1979, ch. 365, §§ 3-5; impl. am. Acts 1980, ch. 534, § 1; Acts 1980, ch. 607, §§ 6-8; 1980, ch. 650, § 2; 1981, ch. 333, §§ 6-8; 1982, ch. 880, §§ 6-8; T.C.A. (orig. ed.), §§ 50-1008, 50-1010, 50-1011; Acts 1985, ch. 393, § 12; 1999, ch. 404, § 1.
(a) In all cases of permanent total disability of an employee covered by this chapter, sixty-six and two-thirds percent (66 2/3%) of the average weekly wages shall be paid, subject to maximum compensation as follows: where there are or are not persons dependent upon each injured employee, the maximum weekly benefit per week.
(b) (1) In all cases of death of an employee covered by this chapter, sixty-six and two-thirds percent (66 2/3%) of the average weekly wages shall be paid in cases where the deceased employee leaves dependents, subject to the maximum weekly benefit. (2) In all cases of death of an employee covered by this chapter, and where the employee leaves no dependents, as provided in § 50-6-210 , then the lump sum amount of twenty thousand dollars ($20,000) shall be paid to the estate of the deceased employee. (3) The total amount of compensation payable under this subsection (b) shall not exceed the maximum total benefit exclusive of medical, hospital and funeral benefits.
(1) In all cases of death of an employee covered by this chapter, sixty-six and two-thirds percent (66 2/3%) of the average weekly wages shall be paid in cases where the deceased employee leaves dependents, subject to the maximum weekly benefit.
(2) In all cases of death of an employee covered by this chapter, and where the employee leaves no dependents, as provided in § 50-6-210 , then the lump sum amount of twenty thousand dollars ($20,000) shall be paid to the estate of the deceased employee.
(3) The total amount of compensation payable under this subsection (b) shall not exceed the maximum total benefit exclusive of medical, hospital and funeral benefits.
Acts 1923, ch. 84, § 1; Shan. Supp., §§ 3608a178, 3608a179; Acts 1927, ch. 40, § 1; mod. Code 1932, §§ 6879-6881; Acts 1941, ch. 90, §§ 6, 7; 1947, ch. 139, §§ 7-9; 1949, ch. 277, §§ 4-6; C. Supp. 1950, §§ 6879-6881; Acts 1953, ch. 111, §§ 3-5; 1955, ch. 182, §§ 6-8; 1957, ch. 270, §§ 4-6; 1959, ch. 172, §§ 7-9; 1963, ch. 362, § 1; 1965, ch. 158, § 1; 1967, ch. 313, §§ 1, 2; 1969, ch. 196, §§ 1, 2; 1971, ch. 134, §§ 1, 2; 1973, ch. 379, §§ 7, 8; 1974, ch. 617, §§ 3-5; 1975, ch. 86, §§ 3-5; 1977, ch. 354, §§ 3-5; 1979, ch. 365, §§ 3-5; impl. am. Acts 1980, ch. 534, § 1; Acts 1980, ch. 607, §§ 6-8; 1980, ch. 650, § 2; 1981, ch. 333, §§ 6-8; 1982, ch. 880, §§ 6-8; T.C.A. (orig. ed.), §§ 50-1008, 50-1010, 50-1011; Acts 1985, ch. 393, § 12; 1999, ch. 404, § 1.
Tenn. Code Ann. § 50-2-205 — TN Code / Title 50 / Chapter 2 / Section 50-2-205
Limitation of actions
Status: in_force

Court action under this part may be commenced no later than two (2) years after the cause of action occurs. Acts 1974, ch. 757, § 5; T.C.A., § 50-324.
Court action under this part may be commenced no later than two (2) years after the cause of action occurs.
Acts 1974, ch. 757, § 5; T.C.A., § 50-324.
Tenn. Code Ann. § 50-7-402 — TN Code / Title 50 / Chapter 7 / Section 50-7-402
Rate of premiums
Status: in_force

(a) Each employer shall pay premiums equal to five and one-half percent (5.5%) of wages paid by the employer during each calendar year with respect to employment, except as provided in § 50-7-403 . (b) Notwithstanding subsection (a), effective on and after July 1, 1982, any governmental employer referred to in § 50-7-207(b)(3)(A) and (B) , who chooses to be a taxpaying, premium paying, employer, as opposed to one who elects to make payments in lieu of premiums, will pay premiums equal to one and one-half percent (1.5%) of wages paid by the employer during each calendar year with respect to employment, except as provided in § 50-7-403 . Acts 1947, ch. 29, § 7; C. Supp. 1950, § 6901.7 (Williams, § 6901.31); Acts 1977, ch. 330, § 20; 1982, ch. 820, § 7; T.C.A. (orig. ed.), § 50-1327; Acts 1983, ch. 439, § 3; 1984, ch. 701, § 3; 1984, ch. 786, § 1; 1985, ch. 318, §§ 42, 43; 1986, ch. 597, § 3; 1989, ch. 388, §§ 5, 6.
(a) Each employer shall pay premiums equal to five and one-half percent (5.5%) of wages paid by the employer during each calendar year with respect to employment, except as provided in § 50-7-403 .
(b) Notwithstanding subsection (a), effective on and after July 1, 1982, any governmental employer referred to in § 50-7-207(b)(3)(A) and (B) , who chooses to be a taxpaying, premium paying, employer, as opposed to one who elects to make payments in lieu of premiums, will pay premiums equal to one and one-half percent (1.5%) of wages paid by the employer during each calendar year with respect to employment, except as provided in § 50-7-403 .
Acts 1947, ch. 29, § 7; C. Supp. 1950, § 6901.7 (Williams, § 6901.31); Acts 1977, ch. 330, § 20; 1982, ch. 820, § 7; T.C.A. (orig. ed.), § 50-1327; Acts 1983, ch. 439, § 3; 1984, ch. 701, § 3; 1984, ch. 786, § 1; 1985, ch. 318, §§ 42, 43; 1986, ch. 597, § 3; 1989, ch. 388, §§ 5, 6.
Tenn. Code Ann. § 50-5-102 — TN Code / Title 50 / Chapter 5 / Section 50-5-102
Part definitions
Status: in_force

As used in this part, unless the context otherwise requires: (1) "Agricultural work" includes farming in all its branches, and, among other things, includes the cultivation and tillage of the soil, dairying, the production, cultivation, growing and harvesting of any agricultural or horticultural commodities, the raising of livestock or poultry, and any practices performed by a farmer or on a farm as an incident to or in conjunction with the farming operations, including preparation for market, delivery to storage or to market or to carriers for transportation to market; (2) "Commissioner" means the commissioner of labor and workforce development or the commissioner's designated representative; (3) "Department" means the department of labor and workforce development; (4) "Director of schools" means the director of schools, or the director's designee, in the county, city, town or special school district in which a minor seeking employment resides or is to be employed; provided, that, with respect to a home school, as defined in § 49-6-3050 , "director of schools" means the director of the local education agency (LEA) where the child who has been registered as a home schooled child would otherwise attend; and with respect to a home school that teaches kindergarten through grade twelve (K-12) where the parents are associated with an organization that conducts church-related schools, as defined in § 49-50-801 , the "director of schools" means the director of the church-related school; (5) "Employ" means to permit or suffer to work in employment or a gainful occupation; (6) "Employer" includes, but is not limited to, any individual, partnership, association, corporation, business trust, legal representative or any organized group of persons, acting directly or indirectly in the interest of an employer in relation to an employee; (7) "Employment or gainful occupation" means any work engaged in for compensation in money or other valuable consideration, whether paid to the minor or some other person, including, but not limited to, work as a servant, agent, subagent or independent contractor; (8) "Minor" means a person of either sex under eighteen (18) years of age, unless otherwise provided; (9) "School days" means any day when normal classes are in session during the regular school year in the school district; (10) "School hours" means that period of time during a school day when school is in session and students are required to attend classes; (11) "Self-employed" means earning income directly from one's own business, trade or profession rather than as a specified salary or wages from an employer; (12) "Sexual conduct" means actual or simulated sexual intercourse, sodomy, sexual bestiality, masturbation, sadomasochistic abuse, excretion, or the exhibition of the male or female genitals; (13) "Week" means a fixed and regularly recurring period of seven (7) consecutive days; and (14) "Youth peddling" means the selling of merchandise by a minor under sixteen (16) years of age to customers at the customer's residence, at a customer's place of business, or in public places such as street corners or public transportation stations. "Youth peddling" does not include the activities of individuals who are self-employed or who volunteer to sell goods or services on behalf of not-for-profit organizations or governmental entities or for school functions. Acts 1976, ch. 480, § 2; 1978, ch. 541, § 1; T.C.A., § 50-702; Acts 1998, ch. 781, § 2; 1999, ch. 203, § 1; 1999, ch. 520, § 41.
As used in this part, unless the context otherwise requires:
(1) "Agricultural work" includes farming in all its branches, and, among other things, includes the cultivation and tillage of the soil, dairying, the production, cultivation, growing and harvesting of any agricultural or horticultural commodities, the raising of livestock or poultry, and any practices performed by a farmer or on a farm as an incident to or in conjunction with the farming operations, including preparation for market, delivery to storage or to market or to carriers for transportation to market;
(2) "Commissioner" means the commissioner of labor and workforce development or the commissioner's designated representative;
(3) "Department" means the department of labor and workforce development;
(4) "Director of schools" means the director of schools, or the director's designee, in the county, city, town or special school district in which a minor seeking employment resides or is to be employed; provided, that, with respect to a home school, as defined in § 49-6-3050 , "director of schools" means the director of the local education agency (LEA) where the child who has been registered as a home schooled child would otherwise attend; and with respect to a home school that teaches kindergarten through grade twelve (K-12) where the parents are associated with an organization that conducts church-related schools, as defined in § 49-50-801 , the "director of schools" means the director of the church-related school;
(5) "Employ" means to permit or suffer to work in employment or a gainful occupation;
(6) "Employer" includes, but is not limited to, any individual, partnership, association, corporation, business trust, legal representative or any organized group of persons, acting directly or indirectly in the interest of an employer in relation to an employee;
(7) "Employment or gainful occupation" means any work engaged in for compensation in money or other valuable consideration, whether paid to the minor or some other person, including, but not limited to, work as a servant, agent, subagent or independent contractor;
(8) "Minor" means a person of either sex under eighteen (18) years of age, unless otherwise provided;
(9) "School days" means any day when normal classes are in session during the regular school year in the school district;
(10) "School hours" means that period of time during a school day when school is in session and students are required to attend classes;
(11) "Self-employed" means earning income directly from one's own business, trade or profession rather than as a specified salary or wages from an employer;
(12) "Sexual conduct" means actual or simulated sexual intercourse, sodomy, sexual bestiality, masturbation, sadomasochistic abuse, excretion, or the exhibition of the male or female genitals;
(13) "Week" means a fixed and regularly recurring period of seven (7) consecutive days; and
(14) "Youth peddling" means the selling of merchandise by a minor under sixteen (16) years of age to customers at the customer's residence, at a customer's place of business, or in public places such as street corners or public transportation stations. "Youth peddling" does not include the activities of individuals who are self-employed or who volunteer to sell goods or services on behalf of not-for-profit organizations or governmental entities or for school functions.
Acts 1976, ch. 480, § 2; 1978, ch. 541, § 1; T.C.A., § 50-702; Acts 1998, ch. 781, § 2; 1999, ch. 203, § 1; 1999, ch. 520, § 41.
Tenn. Code Ann. § 50-7-611 — TN Code / Title 50 / Chapter 7 / Section 50-7-611
Child support deduction
Status: in_force

(a) (1) An individual filing a new claim for unemployment compensation shall, at the time of filing the claim, disclose whether or not the individual owes child support obligations as defined under subsection (g). (2) If the individual discloses that the individual owes child support obligations, and is determined to be eligible for unemployment compensation, the administrator shall notify the state or local child support enforcement agency enforcing the obligation that the individual has been determined eligible for unemployment compensation. (b) Notwithstanding any other provision of this chapter, the administrator shall deduct and withhold from any unemployment compensation payable to an individual that owes child support obligations as defined under subsection (g): (1) The amount specified by the individual to the administrator to be deducted and withheld under this subsection (b), if neither subdivision (b)(2) nor (3) is applicable; (2) The amount, if any, determined pursuant to an agreement submitted to the commissioner under § 454(19)(B)(i) of the Social Security Act ( 42 U.S.C. § 654(19)(B)(i) ), by the state or local child support enforcement agency, unless subdivision (b)(3) is applicable; or (3) Any amount otherwise required to be deducted and withheld from the unemployment compensation pursuant to legal process as that term is defined in § 462(e) of the Social Security Act [repealed], properly served upon the commissioner. (c) (1) Any amount deducted and withheld under subsection (b) shall be paid by the administrator to the appropriate state or local child support enforcement agency. (2) In counties having a population of seven hundred thousand (700,000) or more, according to the 1980 federal census or any subsequent federal census, the amount deducted shall be paid by the administrator to the appropriate local child support enforcement 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 paid by the individual to the state or local child support enforcement agency in satisfaction of the individual's child support obligations. (e) For purposes of subsections (a)-(d), "unemployment compensation" means any compensation payable under this chapter, including amounts payable by the commissioner pursuant to an agreement under any federal law providing for compensation, assistance or allowances with respect to unemployment. (f) This section applies only if appropriate arrangements have been made for reimbursement by the state or local child support enforcement agency for the administrative costs incurred by the administrator under this section that are attributable to child support obligations being enforced by the state or local child support enforcement agency. (g) "Child support obligations," as used in this section, means only obligations that are being enforced pursuant to a plan described in § 454 of the Social Security Act ( 42 U.S.C. § 654 ), that has been approved by the secretary of health and human services under Title IV, Part D of the Social Security Act ( 42 U.S.C. § 651 et seq.). (h) "State or local child support enforcement agency," as used in this section, means any agency of a state or a political subdivision thereof operating pursuant to a plan described in subsection (g). Acts 1982, ch. 606, § 8; T.C.A., § 50-1365; Acts 1987, ch. 303, § 1.
(a) (1) An individual filing a new claim for unemployment compensation shall, at the time of filing the claim, disclose whether or not the individual owes child support obligations as defined under subsection (g). (2) If the individual discloses that the individual owes child support obligations, and is determined to be eligible for unemployment compensation, the administrator shall notify the state or local child support enforcement agency enforcing the obligation that the individual has been determined eligible for unemployment compensation.
(1) An individual filing a new claim for unemployment compensation shall, at the time of filing the claim, disclose whether or not the individual owes child support obligations as defined under subsection (g).
(2) If the individual discloses that the individual owes child support obligations, and is determined to be eligible for unemployment compensation, the administrator shall notify the state or local child support enforcement agency enforcing the obligation that the individual has been determined eligible for unemployment compensation.
(b) Notwithstanding any other provision of this chapter, the administrator shall deduct and withhold from any unemployment compensation payable to an individual that owes child support obligations as defined under subsection (g): (1) The amount specified by the individual to the administrator to be deducted and withheld under this subsection (b), if neither subdivision (b)(2) nor (3) is applicable; (2) The amount, if any, determined pursuant to an agreement submitted to the commissioner under § 454(19)(B)(i) of the Social Security Act ( 42 U.S.C. § 654(19)(B)(i) ), by the state or local child support enforcement agency, unless subdivision (b)(3) is applicable; or (3) Any amount otherwise required to be deducted and withheld from the unemployment compensation pursuant to legal process as that term is defined in § 462(e) of the Social Security Act [repealed], properly served upon the commissioner.
(1) The amount specified by the individual to the administrator to be deducted and withheld under this subsection (b), if neither subdivision (b)(2) nor (3) is applicable;
(2) The amount, if any, determined pursuant to an agreement submitted to the commissioner under § 454(19)(B)(i) of the Social Security Act ( 42 U.S.C. § 654(19)(B)(i) ), by the state or local child support enforcement agency, unless subdivision (b)(3) is applicable; or
(3) Any amount otherwise required to be deducted and withheld from the unemployment compensation pursuant to legal process as that term is defined in § 462(e) of the Social Security Act [repealed], properly served upon the commissioner.
(c) (1) Any amount deducted and withheld under subsection (b) shall be paid by the administrator to the appropriate state or local child support enforcement agency. (2) In counties having a population of seven hundred thousand (700,000) or more, according to the 1980 federal census or any subsequent federal census, the amount deducted shall be paid by the administrator to the appropriate local child support enforcement agency.
(1) Any amount deducted and withheld under subsection (b) shall be paid by the administrator to the appropriate state or local child support enforcement agency.
(2) In counties having a population of seven hundred thousand (700,000) or more, according to the 1980 federal census or any subsequent federal census, the amount deducted shall be paid by the administrator to the appropriate local child support enforcement 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 paid by the individual to the state or local child support enforcement agency in satisfaction of the individual's child support obligations.
(e) For purposes of subsections (a)-(d), "unemployment compensation" means any compensation payable under this chapter, including amounts payable by the commissioner pursuant to an agreement under any federal law providing for compensation, assistance or allowances with respect to unemployment.
(f) This section applies only if appropriate arrangements have been made for reimbursement by the state or local child support enforcement agency for the administrative costs incurred by the administrator under this section that are attributable to child support obligations being enforced by the state or local child support enforcement agency.
(g) "Child support obligations," as used in this section, means only obligations that are being enforced pursuant to a plan described in § 454 of the Social Security Act ( 42 U.S.C. § 654 ), that has been approved by the secretary of health and human services under Title IV, Part D of the Social Security Act ( 42 U.S.C. § 651 et seq.).
(h) "State or local child support enforcement agency," as used in this section, means any agency of a state or a political subdivision thereof operating pursuant to a plan described in subsection (g).
Acts 1982, ch. 606, § 8; T.C.A., § 50-1365; Acts 1987, ch. 303, § 1.
Tenn. Code Ann. § 50-3-506 — TN Code / Title 50 / Chapter 3 / Section 50-3-506
Grand jury - Enforcement duties
Status: in_force

The grand jury of each county is given inquisitorial power for the purpose of the enforcement of this part, and shall inquire promptly into any alleged violation brought to the attention of the grand jury by the commissioner of labor and workforce development. Acts 1972, ch. 561, § 12; 1974, ch. 585, §§ 22, 36; 1977, ch. 111, § 26; T.C.A., § 50-545; Acts 1999, ch. 520, § 41.
The grand jury of each county is given inquisitorial power for the purpose of the enforcement of this part, and shall inquire promptly into any alleged violation brought to the attention of the grand jury by the commissioner of labor and workforce development.
Acts 1972, ch. 561, § 12; 1974, ch. 585, §§ 22, 36; 1977, ch. 111, § 26; T.C.A., § 50-545; Acts 1999, ch. 520, § 41.
Tenn. Code Ann. § 50-7-613 — TN Code / Title 50 / Chapter 7 / Section 50-7-613
Receiving notices electronically and submitting separation information electronically - Electronic appeals
Status: in_force

By July 1, 2012, the department shall implement an internet-based system that allows employers to receive separation notices from the department electronically and to submit separation information electronically to the department. The system shall also have the capability to allow an employer to initiate an appeal electronically. Acts 2012 , ch. 904, § 1.
By July 1, 2012, the department shall implement an internet-based system that allows employers to receive separation notices from the department electronically and to submit separation information electronically to the department. The system shall also have the capability to allow an employer to initiate an appeal electronically.
Acts 2012 , ch. 904, § 1.
Tenn. Code Ann. § 50-6-103 — TN Code / Title 50 / Chapter 6 / Section 50-6-103
Scope of chapter
Status: in_force

Every employer and employee subject to this chapter, shall, respectively, pay and accept compensation for personal injury or death by accident arising primarily out of and in the course and scope of employment without regard to fault as a cause of the injury or death; provided, that any person who has an exemption pursuant to § 50-6-104 or part 9 of this chapter shall not be bound if the employee has given, prior to any accident resulting in injury or death, notice to be exempted from this chapter as provided in this part. Acts 1919, ch. 123, § 3; Shan. Supp., § 3608a139; Code 1932, § 6853; Acts 1973, ch. 379, § 1; 1975, ch. 198, § 1; impl. am. Acts 1980, ch. 534, § 1; T.C.A. (orig. ed.), § 50-903; Acts 2011, ch. 422, § 2; 2013, ch. 289, §§ 10, 11.
Every employer and employee subject to this chapter, shall, respectively, pay and accept compensation for personal injury or death by accident arising primarily out of and in the course and scope of employment without regard to fault as a cause of the injury or death; provided, that any person who has an exemption pursuant to § 50-6-104 or part 9 of this chapter shall not be bound if the employee has given, prior to any accident resulting in injury or death, notice to be exempted from this chapter as provided in this part.
Acts 1919, ch. 123, § 3; Shan. Supp., § 3608a139; Code 1932, § 6853; Acts 1973, ch. 379, § 1; 1975, ch. 198, § 1; impl. am. Acts 1980, ch. 534, § 1; T.C.A. (orig. ed.), § 50-903; Acts 2011, ch. 422, § 2; 2013, ch. 289, §§ 10, 11.
Tenn. Code Ann. § 50-7-905 — TN Code / Title 50 / Chapter 7 / Section 50-7-905
Written approval or rejection
Status: in_force

(a) The administrator shall approve or reject a plan in writing within thirty (30) days of receipt. (b) Only one (1) plan may be approved for any one (1) employer during a twelve-month period. (c) The reason for rejection is final and non-appealable, but the employer may submit another plan for approval no earlier than fifteen (15) days from the date of the last rejection. Added by 2022 Tenn. Acts, ch. 1086, s 1, eff. 12/1/2023.
(a) The administrator shall approve or reject a plan in writing within thirty (30) days of receipt.
(b) Only one (1) plan may be approved for any one (1) employer during a twelve-month period.
(c) The reason for rejection is final and non-appealable, but the employer may submit another plan for approval no earlier than fifteen (15) days from the date of the last rejection.
Added by 2022 Tenn. Acts, ch. 1086, s 1, eff. 12/1/2023.
Tenn. Code Ann. § 50-4-107 — TN Code / Title 50 / Chapter 4 / Section 50-4-107
Obstruction of inspection - Misdemeanor
Status: in_force

Any person who willfully refuses to permit inspection, obstructs inspection or aids in the obstruction of an inspection of property described in an administrative inspection warrant commits a Class C misdemeanor. Acts 1979, ch. 345, § 8; T.C.A., § 50-607; Acts 1989, ch. 591, § 113.
Any person who willfully refuses to permit inspection, obstructs inspection or aids in the obstruction of an inspection of property described in an administrative inspection warrant commits a Class C misdemeanor.
Acts 1979, ch. 345, § 8; T.C.A., § 50-607; Acts 1989, ch. 591, § 113.
Tenn. Code Ann. § 50-6-404 — TN Code / Title 50 / Chapter 6 / Section 50-6-404
Bond or certificate
Status: in_force

(a) (1) Every insurance company doing a workers' compensation business in this state shall furnish a bond running to the state in the sum of fifty thousand dollars ($50,000) with some surety company authorized to transact business in this state as surety, in the form approved by the commissioner of commerce and insurance, conditioned for the payment of compensation losses on policies issued by the company upon risks located in the state. (2) Suit may be brought upon the bond by the bureau of workers' compensation for the use and benefit of any party or parties at interest. (3) The annual license of the company shall not be issued or renewed until it has filed with the commissioner of commerce and insurance a bond as required in subdivision (a)(1). (4) In lieu of the bond, a deposit of the same amount may be made with the state treasurer in the form of other security satisfactory to the commissioner of commerce and insurance. (b) The commissioner may, in the commissioner's discretion, accept, in lieu of the bond required in subdivision (a)(1), a certificate from the commissioner of insurance or other corresponding official of the state in which the insurance company is organized and domiciled, that the company has on deposit in such state the sum of not less than one hundred thousand dollars ($100,000) in cash, or its equivalent, which deposit is for the protection of all of its policyholders, ratably. Acts 1933, ch. 158, § 1; C. Supp. 1950, § 6894; impl. am. Acts 1971, ch. 137, § 2; impl. am. Acts 1980, ch. 534, § 1; T.C.A. (orig. ed.), § 50-1204.
(a) (1) Every insurance company doing a workers' compensation business in this state shall furnish a bond running to the state in the sum of fifty thousand dollars ($50,000) with some surety company authorized to transact business in this state as surety, in the form approved by the commissioner of commerce and insurance, conditioned for the payment of compensation losses on policies issued by the company upon risks located in the state. (2) Suit may be brought upon the bond by the bureau of workers' compensation for the use and benefit of any party or parties at interest. (3) The annual license of the company shall not be issued or renewed until it has filed with the commissioner of commerce and insurance a bond as required in subdivision (a)(1). (4) In lieu of the bond, a deposit of the same amount may be made with the state treasurer in the form of other security satisfactory to the commissioner of commerce and insurance.
(1) Every insurance company doing a workers' compensation business in this state shall furnish a bond running to the state in the sum of fifty thousand dollars ($50,000) with some surety company authorized to transact business in this state as surety, in the form approved by the commissioner of commerce and insurance, conditioned for the payment of compensation losses on policies issued by the company upon risks located in the state.
(2) Suit may be brought upon the bond by the bureau of workers' compensation for the use and benefit of any party or parties at interest.
(3) The annual license of the company shall not be issued or renewed until it has filed with the commissioner of commerce and insurance a bond as required in subdivision (a)(1).
(4) In lieu of the bond, a deposit of the same amount may be made with the state treasurer in the form of other security satisfactory to the commissioner of commerce and insurance.
(b) The commissioner may, in the commissioner's discretion, accept, in lieu of the bond required in subdivision (a)(1), a certificate from the commissioner of insurance or other corresponding official of the state in which the insurance company is organized and domiciled, that the company has on deposit in such state the sum of not less than one hundred thousand dollars ($100,000) in cash, or its equivalent, which deposit is for the protection of all of its policyholders, ratably.
Acts 1933, ch. 158, § 1; C. Supp. 1950, § 6894; impl. am. Acts 1971, ch. 137, § 2; impl. am. Acts 1980, ch. 534, § 1; T.C.A. (orig. ed.), § 50-1204.
Tenn. Code Ann. § 50-6-128 — TN Code / Title 50 / Chapter 6 / Section 50-6-128
Penalty for employer causing compensable claim to be paid by health insurance or failing to provide necessary medical treatment
Status: in_force

If any employer knowingly, willfully, and intentionally causes a medical or wage loss claim to be paid under health or sickness and accident insurance, or fails to provide reasonable and necessary medical treatment, including a failure to reimburse when the employer knew that the claim arose out of a compensable work-related injury and should have been submitted under its workers' compensation insurance coverage, then a civil penalty of five hundred dollars ($500) shall be assessed against the employer, and the employer may not offset any sickness and accident income benefit paid to the employee against its temporary total disability benefit payment liability due to the employee pursuant to this chapter. The administrator of the bureau of workers' compensation has the authority to assess and collect the civil penalty. Acts 1992, ch. 900, § 24; 2000, ch. 734, § 1; 2013, ch. 282, § 1; 2015, ch. 341, § 15.
If any employer knowingly, willfully, and intentionally causes a medical or wage loss claim to be paid under health or sickness and accident insurance, or fails to provide reasonable and necessary medical treatment, including a failure to reimburse when the employer knew that the claim arose out of a compensable work-related injury and should have been submitted under its workers' compensation insurance coverage, then a civil penalty of five hundred dollars ($500) shall be assessed against the employer, and the employer may not offset any sickness and accident income benefit paid to the employee against its temporary total disability benefit payment liability due to the employee pursuant to this chapter. The administrator of the bureau of workers' compensation has the authority to assess and collect the civil penalty.
Acts 1992, ch. 900, § 24; 2000, ch. 734, § 1; 2013, ch. 282, § 1; 2015, ch. 341, § 15.
Tenn. Code Ann. § 50-3-306 — TN Code / Title 50 / Chapter 3 / Section 50-3-306
Advance notice of inspections prohibited - Exceptions
Status: in_force

(a) Inspections conducted under §§ 50-3-301 - 50-3-306 shall be accomplished without advance notice, subject to the exceptions in subsection (b). (b) The commissioner may authorize the giving to any employer or employee advance notice of an inspection only when the giving of notice is essential to the effectiveness of the inspection, and in keeping with regulations issued by the commissioner. Acts 1972, ch. 561, § 8; 1977, ch. 111, § 14; T.C.A., § 50-525; Acts 1999, ch. 520, § 41.
(a) Inspections conducted under §§ 50-3-301 - 50-3-306 shall be accomplished without advance notice, subject to the exceptions in subsection (b).
(b) The commissioner may authorize the giving to any employer or employee advance notice of an inspection only when the giving of notice is essential to the effectiveness of the inspection, and in keeping with regulations issued by the commissioner.
Acts 1972, ch. 561, § 8; 1977, ch. 111, § 14; T.C.A., § 50-525; Acts 1999, ch. 520, § 41.
Tenn. Code Ann. § 50-5-101 — TN Code / Title 50 / Chapter 5 / Section 50-5-101
Short title
Status: in_force

This part shall be known and may be cited as the "Child Labor Act of 1976." Acts 1976, ch. 480, § 1; T.C.A., § 50-701.
This part shall be known and may be cited as the "Child Labor Act of 1976."
Acts 1976, ch. 480, § 1; T.C.A., § 50-701.
Tenn. Code Ann. § 50-5-205 — TN Code / Title 50 / Chapter 5 / Section 50-5-205
Approval not exemption from other law - Disability of non-age not removed generally
Status: in_force

Approval of a contract pursuant to this part shall not: (1) Exempt any person from any other law with respect to licenses, consents, or authorizations required for any conduct, employment, use, or exhibition of the minor in this state, nor limit in any manner the discretion of the licensing authority or other persons charged with the administration of the requirements, nor dispense with any other requirement of law relating to the minor; (2) Unless specifically so provided in the order, remove the disability of non-age for any other contract with the same minor that is not approved by the court pursuant to this section, nor, unless specifically so provided in the order, is the disability of non-age of the minor removed generally for the minor, nor is the minor emancipated for any other purpose or contract other than the performance of contracts approved pursuant to this section; and (3) Be granted for a contract that provides for an employment, use, or exhibition of the minor, within or without the state, that is prohibited by law and in particular by any federal or state minor labor law, and could not be licensed to take place in this state. Acts 2003, ch. 168, § 1.
Approval of a contract pursuant to this part shall not:
(1) Exempt any person from any other law with respect to licenses, consents, or authorizations required for any conduct, employment, use, or exhibition of the minor in this state, nor limit in any manner the discretion of the licensing authority or other persons charged with the administration of the requirements, nor dispense with any other requirement of law relating to the minor;
(2) Unless specifically so provided in the order, remove the disability of non-age for any other contract with the same minor that is not approved by the court pursuant to this section, nor, unless specifically so provided in the order, is the disability of non-age of the minor removed generally for the minor, nor is the minor emancipated for any other purpose or contract other than the performance of contracts approved pursuant to this section; and
(3) Be granted for a contract that provides for an employment, use, or exhibition of the minor, within or without the state, that is prohibited by law and in particular by any federal or state minor labor law, and could not be licensed to take place in this state.
Acts 2003, ch. 168, § 1.
Tenn. Code Ann. § 50-6-904 — TN Code / Title 50 / Chapter 6 / Section 50-6-904
Application for construction services provider registration
Status: in_force

(a) (1) (A) Any construction services provider applying for an exemption from § 50-6-902(a) who has not been issued a license by the board shall obtain a construction services provider registration from the bureau of workers' compensation at the same time such provider applies for such exemption. (B) The bureau of workers' compensation is authorized and directed to issue the construction services provider registration on behalf of the board. The bureau of workers' compensation shall issue an identification number assigned to the provider's registration. The board shall obtain such identification number and other identifying information from the bureau of workers' compensation. (2) Any construction services provider requesting exemption from § 50-6-902(a) shall submit an application along with the required filing fees to the bureau of workers' compensation. The applicant shall provide sufficient documentation for the bureau of workers' compensation to assure that such applicant meets the requirements set out in § 50-6-902 , including, but not limited to: (A) The applicant's full legal name; (B) The applicant's birth month; (C) The applicant's physical address; provided, that the applicant may provide a post office box number for purposes of receiving mail from the bureau of workers' compensation, as long as the applicant also provides a physical address for the business entity for which the applicant is an officer, member, partner or owner; (D) A telephone number through which the applicant can be reached; (E) The name of the business entity through which the applicant is seeking the workers' compensation exemption; (F) The federal employer identification number issued to the applicant if a sole proprietor or a business entity for which the applicant is an officer, member, partner or owner seeking exemption pursuant to § 50-6-903 , and the last four (4) digits of the applicant's social security number; provided, however, that if an applicant seeks an exemption pursuant to § 50-6-903(c) , the applicant may provide the last four (4) digits of a control number issued to the applicant by the social security administration instead of the last four (4) digits of the applicant's social security number; (G) The contractor license number issued by the board to such applicant or the construction services provider registration number issued by the bureau of workers' compensation to such applicant; (H) A current license issued by a local government pursuant to § 67-4-723 , if the business entity through which the applicant is seeking the workers' compensation exemption is required by law to obtain such license; (I) Any other information the bureau of workers' compensation deems necessary to identify such applicant; and (J) If the construction services provider is applying for an exemption pursuant to the criteria set out in § 50-6-903(c) , the provider shall submit a copy of an approved Internal Revenue Service Form 4029 or similar form used by the internal revenue service, to show that an application for exemption from social security and medicare taxes and waiver of benefits has been approved for such provider applying for an exemption pursuant to this part. (3) The bureau of workers' compensation shall verify that the applicant meets the qualifications set out in § 50-6-902 upon a review of its records and the records provided by such applicant. (4) If the bureau of workers' compensation is unable for any reason to verify that the applicant meets the qualifications set forth in this part for inclusion on the exemption registry, or if the applicant, or any person completing or submitting the application on the applicant's behalf, misstates any material information on the application, then the applicant is not eligible for exemption under this part, and any exemption previously granted to the applicant is revoked. (b) The application shall be on a form designed by the bureau of workers' compensation and shall contain a statement that specifies the eligibility requirements for exemption, contain an attestation that the applicant meets the eligibility requirements and contain a statement that a false statement on such application is subject to the penalties of perjury set out in § 39-16-702 . (c) The application, as well as a process for submission of such application, shall be available through the bureau of workers' compensation's website or by contacting the bureau of workers' compensation's office in person or by mail. Amended by 2021 Tenn. Acts, ch. 88, Secs.s3, s4 eff. 1/1/2022. Amended by 2021 Tenn. Acts, ch. 88, s 2, eff. 1/1/2022. Amended by 2013 Tenn. Acts, ch. 476, s 2, eff. 1/1/2014. Acts 2010 , ch. 1149, § 13.
(a) (1) (A) Any construction services provider applying for an exemption from § 50-6-902(a) who has not been issued a license by the board shall obtain a construction services provider registration from the bureau of workers' compensation at the same time such provider applies for such exemption. (B) The bureau of workers' compensation is authorized and directed to issue the construction services provider registration on behalf of the board. The bureau of workers' compensation shall issue an identification number assigned to the provider's registration. The board shall obtain such identification number and other identifying information from the bureau of workers' compensation. (2) Any construction services provider requesting exemption from § 50-6-902(a) shall submit an application along with the required filing fees to the bureau of workers' compensation. The applicant shall provide sufficient documentation for the bureau of workers' compensation to assure that such applicant meets the requirements set out in § 50-6-902 , including, but not limited to: (A) The applicant's full legal name; (B) The applicant's birth month; (C) The applicant's physical address; provided, that the applicant may provide a post office box number for purposes of receiving mail from the bureau of workers' compensation, as long as the applicant also provides a physical address for the business entity for which the applicant is an officer, member, partner or owner; (D) A telephone number through which the applicant can be reached; (E) The name of the business entity through which the applicant is seeking the workers' compensation exemption; (F) The federal employer identification number issued to the applicant if a sole proprietor or a business entity for which the applicant is an officer, member, partner or owner seeking exemption pursuant to § 50-6-903 , and the last four (4) digits of the applicant's social security number; provided, however, that if an applicant seeks an exemption pursuant to § 50-6-903(c) , the applicant may provide the last four (4) digits of a control number issued to the applicant by the social security administration instead of the last four (4) digits of the applicant's social security number; (G) The contractor license number issued by the board to such applicant or the construction services provider registration number issued by the bureau of workers' compensation to such applicant; (H) A current license issued by a local government pursuant to § 67-4-723 , if the business entity through which the applicant is seeking the workers' compensation exemption is required by law to obtain such license; (I) Any other information the bureau of workers' compensation deems necessary to identify such applicant; and (J) If the construction services provider is applying for an exemption pursuant to the criteria set out in § 50-6-903(c) , the provider shall submit a copy of an approved Internal Revenue Service Form 4029 or similar form used by the internal revenue service, to show that an application for exemption from social security and medicare taxes and waiver of benefits has been approved for such provider applying for an exemption pursuant to this part. (3) The bureau of workers' compensation shall verify that the applicant meets the qualifications set out in § 50-6-902 upon a review of its records and the records provided by such applicant. (4) If the bureau of workers' compensation is unable for any reason to verify that the applicant meets the qualifications set forth in this part for inclusion on the exemption registry, or if the applicant, or any person completing or submitting the application on the applicant's behalf, misstates any material information on the application, then the applicant is not eligible for exemption under this part, and any exemption previously granted to the applicant is revoked.
(1) (A) Any construction services provider applying for an exemption from § 50-6-902(a) who has not been issued a license by the board shall obtain a construction services provider registration from the bureau of workers' compensation at the same time such provider applies for such exemption. (B) The bureau of workers' compensation is authorized and directed to issue the construction services provider registration on behalf of the board. The bureau of workers' compensation shall issue an identification number assigned to the provider's registration. The board shall obtain such identification number and other identifying information from the bureau of workers' compensation.
(A) Any construction services provider applying for an exemption from § 50-6-902(a) who has not been issued a license by the board shall obtain a construction services provider registration from the bureau of workers' compensation at the same time such provider applies for such exemption.
(B) The bureau of workers' compensation is authorized and directed to issue the construction services provider registration on behalf of the board. The bureau of workers' compensation shall issue an identification number assigned to the provider's registration. The board shall obtain such identification number and other identifying information from the bureau of workers' compensation.
(2) Any construction services provider requesting exemption from § 50-6-902(a) shall submit an application along with the required filing fees to the bureau of workers' compensation. The applicant shall provide sufficient documentation for the bureau of workers' compensation to assure that such applicant meets the requirements set out in § 50-6-902 , including, but not limited to: (A) The applicant's full legal name; (B) The applicant's birth month; (C) The applicant's physical address; provided, that the applicant may provide a post office box number for purposes of receiving mail from the bureau of workers' compensation, as long as the applicant also provides a physical address for the business entity for which the applicant is an officer, member, partner or owner; (D) A telephone number through which the applicant can be reached; (E) The name of the business entity through which the applicant is seeking the workers' compensation exemption; (F) The federal employer identification number issued to the applicant if a sole proprietor or a business entity for which the applicant is an officer, member, partner or owner seeking exemption pursuant to § 50-6-903 , and the last four (4) digits of the applicant's social security number; provided, however, that if an applicant seeks an exemption pursuant to § 50-6-903(c) , the applicant may provide the last four (4) digits of a control number issued to the applicant by the social security administration instead of the last four (4) digits of the applicant's social security number; (G) The contractor license number issued by the board to such applicant or the construction services provider registration number issued by the bureau of workers' compensation to such applicant; (H) A current license issued by a local government pursuant to § 67-4-723 , if the business entity through which the applicant is seeking the workers' compensation exemption is required by law to obtain such license; (I) Any other information the bureau of workers' compensation deems necessary to identify such applicant; and (J) If the construction services provider is applying for an exemption pursuant to the criteria set out in § 50-6-903(c) , the provider shall submit a copy of an approved Internal Revenue Service Form 4029 or similar form used by the internal revenue service, to show that an application for exemption from social security and medicare taxes and waiver of benefits has been approved for such provider applying for an exemption pursuant to this part.
(A) The applicant's full legal name;
(B) The applicant's birth month;
(C) The applicant's physical address; provided, that the applicant may provide a post office box number for purposes of receiving mail from the bureau of workers' compensation, as long as the applicant also provides a physical address for the business entity for which the applicant is an officer, member, partner or owner;
(D) A telephone number through which the applicant can be reached;
(E) The name of the business entity through which the applicant is seeking the workers' compensation exemption;
(F) The federal employer identification number issued to the applicant if a sole proprietor or a business entity for which the applicant is an officer, member, partner or owner seeking exemption pursuant to § 50-6-903 , and the last four (4) digits of the applicant's social security number; provided, however, that if an applicant seeks an exemption pursuant to § 50-6-903(c) , the applicant may provide the last four (4) digits of a control number issued to the applicant by the social security administration instead of the last four (4) digits of the applicant's social security number;
(G) The contractor license number issued by the board to such applicant or the construction services provider registration number issued by the bureau of workers' compensation to such applicant;
(H) A current license issued by a local government pursuant to § 67-4-723 , if the business entity through which the applicant is seeking the workers' compensation exemption is required by law to obtain such license;
(I) Any other information the bureau of workers' compensation deems necessary to identify such applicant; and
(J) If the construction services provider is applying for an exemption pursuant to the criteria set out in § 50-6-903(c) , the provider shall submit a copy of an approved Internal Revenue Service Form 4029 or similar form used by the internal revenue service, to show that an application for exemption from social security and medicare taxes and waiver of benefits has been approved for such provider applying for an exemption pursuant to this part.
(3) The bureau of workers' compensation shall verify that the applicant meets the qualifications set out in § 50-6-902 upon a review of its records and the records provided by such applicant.
(4) If the bureau of workers' compensation is unable for any reason to verify that the applicant meets the qualifications set forth in this part for inclusion on the exemption registry, or if the applicant, or any person completing or submitting the application on the applicant's behalf, misstates any material information on the application, then the applicant is not eligible for exemption under this part, and any exemption previously granted to the applicant is revoked.
(b) The application shall be on a form designed by the bureau of workers' compensation and shall contain a statement that specifies the eligibility requirements for exemption, contain an attestation that the applicant meets the eligibility requirements and contain a statement that a false statement on such application is subject to the penalties of perjury set out in § 39-16-702 .
(c) The application, as well as a process for submission of such application, shall be available through the bureau of workers' compensation's website or by contacting the bureau of workers' compensation's office in person or by mail.
Amended by 2021 Tenn. Acts, ch. 88, Secs.s3, s4 eff. 1/1/2022.
Amended by 2021 Tenn. Acts, ch. 88, s 2, eff. 1/1/2022.
Amended by 2013 Tenn. Acts, ch. 476, s 2, eff. 1/1/2014.
Acts 2010 , ch. 1149, § 13.
Tenn. Code Ann. § 50-7-306 — TN Code / Title 50 / Chapter 7 / Section 50-7-306
Seasonal employment
Status: in_force

(a) As used in this section: (1) "Active seasonal period" means the regularly recurring period of twenty-six (26) consecutive weeks or less within a calendar year as approved by the department in which a seasonal employer customarily carries on all work operations; (2) "Inactive seasonal period" means the period within a calendar year in which there is a customary cessation of all work operations and is other than the active seasonal period; (3) "Non-seasonal wages" mean wages earned in employment other than seasonal employment; (4) "Reasonable assurance" means a written notice that the employee will be employed by the seasonal employer in the same or similar capacity during the following active seasonal period; (5) "Seasonal employer" means an employer who customarily employs workers only during a regularly recurring period of twenty-six (26) consecutive weeks or less within a calendar year and has been determined to be a seasonal employer by the department; (6) "Seasonal employment" means employment within the active seasonal period, as approved by the department; (7) "Seasonal wages" means remuneration earned during seasonal employment by a seasonal worker who has received actual written notice prior to performing any seasonal work in the active seasonal period that the wages are potentially excludable from the base period as defined in § 50-7-218 ; and (8) "Seasonal worker" means an individual who has earned seasonal wages from a seasonal employer during the approved active seasonal period. (b) Determination of Seasonal Employer Status. Effective July 1, 2020: (1) No employer shall be considered a seasonal employer until the department issues a written determination that an applicant is a seasonal employer; (2) An application for a seasonal employer determination must be made on forms prescribed by the department and must be received by the department between September 1 and October 31 each year; (3) At the time of application, the employer shall have an experience rating pursuant to § 50-7-403(b)(1)(A) ; shall have no unpaid liability, including lien fees, penalties, or interest charges; and shall have not been delinquent in submitting any premium and wage reports or payment required under this chapter in the four (4) quarters preceding the application; (4) Upon application for seasonal employer status, the department shall determine whether the employer is seasonal and, if seasonal, the employer's active seasonal period. The determination will be effective January 1 through December 31 of the following calendar year and shall not have any retroactive effect; (5) The determination shall include the beginning and ending dates of the seasonal employer's active seasonal period. If the beginning or ending date for the active seasonal period falls within any calendar week, the entire week is counted as within the active seasonal period; (6) Any seasonal employer determination rendered with respect to an employer pursuant to this section shall be final and conclusive upon the employer for all purposes and in all proceedings whatsoever unless the employer has timely filed with the division of employment security a written application for review and redetermination in accordance with § 50-7-404(h) ; (7) The department may, on its own motion, reconsider the active seasonal period and seasonal employer status of any seasonal employer; (8) The department shall terminate the employer's seasonal employer status upon receipt of a written request from the seasonal employer requesting termination of the seasonal employer status; and (9) If any seasonal worker performs services for the same seasonal employer outside the employer's designated active seasonal period and in excess of twenty-six (26) consecutive weeks in a calendar year, the seasonal employer is disqualified as a seasonal employer and all wages paid by the seasonal employer to all seasonal workers shall be considered non-seasonal wages. (c) Notification to Seasonal Workers. Effective July 1, 2020: (1) A seasonal employer shall conspicuously display the department's seasonal determination on the employer's premises; (2) Each seasonal worker or prospective seasonal worker shall receive written notice from the seasonal employer prior to the beginning of each active seasonal period that the seasonal wages are potentially excludable from the base period as defined in § 50-7-218 . The notice shall: (A) Be provided prior to the performance of any service for the seasonal employer; (B) Advise the seasonal worker of the beginning and ending dates of the active seasonal period; and (C) Contain the department's contact information for any inquiries by the seasonal workers; and (3) The employer shall provide the seasonal worker with written notice of any subsequent change in the employee's status as a seasonal worker. (d) Payment of Benefits to Seasonal Workers. Effective July 1, 2020: (1) Wages from seasonal employment shall not be included in the base period as defined in § 50-7-218 for any week of unemployment commencing during the inactive seasonal period between two (2) successive active seasonal periods, if the claimant performs the services in an active seasonal period and a reasonable assurance is provided that the claimant will perform the service for the seasonal employer during the following active seasonal period; (2) If benefits are denied to a seasonal worker for any week solely as a result of subdivision (d)(1) and the seasonal worker is not offered an opportunity to perform in the next active seasonal period for which there was a reasonable assurance of employment, the seasonal worker is entitled to retroactive payment of benefits for each week that the seasonal worker previously filed a timely claim for benefits; and (3) Wages from seasonal employment shall be included in the base period as defined in § 50-7-218 for any week of unemployment commencing during the employer's active seasonal period. Amended by 2016 Tenn. Acts, ch. 751,s 2, eff. 7/1/2016. Acts 2012, ch. 1107, § 1.
(a) As used in this section: (1) "Active seasonal period" means the regularly recurring period of twenty-six (26) consecutive weeks or less within a calendar year as approved by the department in which a seasonal employer customarily carries on all work operations; (2) "Inactive seasonal period" means the period within a calendar year in which there is a customary cessation of all work operations and is other than the active seasonal period; (3) "Non-seasonal wages" mean wages earned in employment other than seasonal employment; (4) "Reasonable assurance" means a written notice that the employee will be employed by the seasonal employer in the same or similar capacity during the following active seasonal period; (5) "Seasonal employer" means an employer who customarily employs workers only during a regularly recurring period of twenty-six (26) consecutive weeks or less within a calendar year and has been determined to be a seasonal employer by the department; (6) "Seasonal employment" means employment within the active seasonal period, as approved by the department; (7) "Seasonal wages" means remuneration earned during seasonal employment by a seasonal worker who has received actual written notice prior to performing any seasonal work in the active seasonal period that the wages are potentially excludable from the base period as defined in § 50-7-218 ; and (8) "Seasonal worker" means an individual who has earned seasonal wages from a seasonal employer during the approved active seasonal period.
(1) "Active seasonal period" means the regularly recurring period of twenty-six (26) consecutive weeks or less within a calendar year as approved by the department in which a seasonal employer customarily carries on all work operations;
(2) "Inactive seasonal period" means the period within a calendar year in which there is a customary cessation of all work operations and is other than the active seasonal period;
(3) "Non-seasonal wages" mean wages earned in employment other than seasonal employment;
(4) "Reasonable assurance" means a written notice that the employee will be employed by the seasonal employer in the same or similar capacity during the following active seasonal period;
(5) "Seasonal employer" means an employer who customarily employs workers only during a regularly recurring period of twenty-six (26) consecutive weeks or less within a calendar year and has been determined to be a seasonal employer by the department;
(6) "Seasonal employment" means employment within the active seasonal period, as approved by the department;
(7) "Seasonal wages" means remuneration earned during seasonal employment by a seasonal worker who has received actual written notice prior to performing any seasonal work in the active seasonal period that the wages are potentially excludable from the base period as defined in § 50-7-218 ; and
(8) "Seasonal worker" means an individual who has earned seasonal wages from a seasonal employer during the approved active seasonal period.
(b) Determination of Seasonal Employer Status. Effective July 1, 2020: (1) No employer shall be considered a seasonal employer until the department issues a written determination that an applicant is a seasonal employer; (2) An application for a seasonal employer determination must be made on forms prescribed by the department and must be received by the department between September 1 and October 31 each year; (3) At the time of application, the employer shall have an experience rating pursuant to § 50-7-403(b)(1)(A) ; shall have no unpaid liability, including lien fees, penalties, or interest charges; and shall have not been delinquent in submitting any premium and wage reports or payment required under this chapter in the four (4) quarters preceding the application; (4) Upon application for seasonal employer status, the department shall determine whether the employer is seasonal and, if seasonal, the employer's active seasonal period. The determination will be effective January 1 through December 31 of the following calendar year and shall not have any retroactive effect; (5) The determination shall include the beginning and ending dates of the seasonal employer's active seasonal period. If the beginning or ending date for the active seasonal period falls within any calendar week, the entire week is counted as within the active seasonal period; (6) Any seasonal employer determination rendered with respect to an employer pursuant to this section shall be final and conclusive upon the employer for all purposes and in all proceedings whatsoever unless the employer has timely filed with the division of employment security a written application for review and redetermination in accordance with § 50-7-404(h) ; (7) The department may, on its own motion, reconsider the active seasonal period and seasonal employer status of any seasonal employer; (8) The department shall terminate the employer's seasonal employer status upon receipt of a written request from the seasonal employer requesting termination of the seasonal employer status; and (9) If any seasonal worker performs services for the same seasonal employer outside the employer's designated active seasonal period and in excess of twenty-six (26) consecutive weeks in a calendar year, the seasonal employer is disqualified as a seasonal employer and all wages paid by the seasonal employer to all seasonal workers shall be considered non-seasonal wages.
(1) No employer shall be considered a seasonal employer until the department issues a written determination that an applicant is a seasonal employer;
(2) An application for a seasonal employer determination must be made on forms prescribed by the department and must be received by the department between September 1 and October 31 each year;
(3) At the time of application, the employer shall have an experience rating pursuant to § 50-7-403(b)(1)(A) ; shall have no unpaid liability, including lien fees, penalties, or interest charges; and shall have not been delinquent in submitting any premium and wage reports or payment required under this chapter in the four (4) quarters preceding the application;
(4) Upon application for seasonal employer status, the department shall determine whether the employer is seasonal and, if seasonal, the employer's active seasonal period. The determination will be effective January 1 through December 31 of the following calendar year and shall not have any retroactive effect;
(5) The determination shall include the beginning and ending dates of the seasonal employer's active seasonal period. If the beginning or ending date for the active seasonal period falls within any calendar week, the entire week is counted as within the active seasonal period;
(6) Any seasonal employer determination rendered with respect to an employer pursuant to this section shall be final and conclusive upon the employer for all purposes and in all proceedings whatsoever unless the employer has timely filed with the division of employment security a written application for review and redetermination in accordance with § 50-7-404(h) ;
(7) The department may, on its own motion, reconsider the active seasonal period and seasonal employer status of any seasonal employer;
(8) The department shall terminate the employer's seasonal employer status upon receipt of a written request from the seasonal employer requesting termination of the seasonal employer status; and
(9) If any seasonal worker performs services for the same seasonal employer outside the employer's designated active seasonal period and in excess of twenty-six (26) consecutive weeks in a calendar year, the seasonal employer is disqualified as a seasonal employer and all wages paid by the seasonal employer to all seasonal workers shall be considered non-seasonal wages.
(c) Notification to Seasonal Workers. Effective July 1, 2020: (1) A seasonal employer shall conspicuously display the department's seasonal determination on the employer's premises; (2) Each seasonal worker or prospective seasonal worker shall receive written notice from the seasonal employer prior to the beginning of each active seasonal period that the seasonal wages are potentially excludable from the base period as defined in § 50-7-218 . The notice shall: (A) Be provided prior to the performance of any service for the seasonal employer; (B) Advise the seasonal worker of the beginning and ending dates of the active seasonal period; and (C) Contain the department's contact information for any inquiries by the seasonal workers; and (3) The employer shall provide the seasonal worker with written notice of any subsequent change in the employee's status as a seasonal worker.
(1) A seasonal employer shall conspicuously display the department's seasonal determination on the employer's premises;
(2) Each seasonal worker or prospective seasonal worker shall receive written notice from the seasonal employer prior to the beginning of each active seasonal period that the seasonal wages are potentially excludable from the base period as defined in § 50-7-218 . The notice shall: (A) Be provided prior to the performance of any service for the seasonal employer; (B) Advise the seasonal worker of the beginning and ending dates of the active seasonal period; and (C) Contain the department's contact information for any inquiries by the seasonal workers; and
(A) Be provided prior to the performance of any service for the seasonal employer;
(B) Advise the seasonal worker of the beginning and ending dates of the active seasonal period; and
(C) Contain the department's contact information for any inquiries by the seasonal workers; and
(3) The employer shall provide the seasonal worker with written notice of any subsequent change in the employee's status as a seasonal worker.
(d) Payment of Benefits to Seasonal Workers. Effective July 1, 2020: (1) Wages from seasonal employment shall not be included in the base period as defined in § 50-7-218 for any week of unemployment commencing during the inactive seasonal period between two (2) successive active seasonal periods, if the claimant performs the services in an active seasonal period and a reasonable assurance is provided that the claimant will perform the service for the seasonal employer during the following active seasonal period; (2) If benefits are denied to a seasonal worker for any week solely as a result of subdivision (d)(1) and the seasonal worker is not offered an opportunity to perform in the next active seasonal period for which there was a reasonable assurance of employment, the seasonal worker is entitled to retroactive payment of benefits for each week that the seasonal worker previously filed a timely claim for benefits; and (3) Wages from seasonal employment shall be included in the base period as defined in § 50-7-218 for any week of unemployment commencing during the employer's active seasonal period.
(1) Wages from seasonal employment shall not be included in the base period as defined in § 50-7-218 for any week of unemployment commencing during the inactive seasonal period between two (2) successive active seasonal periods, if the claimant performs the services in an active seasonal period and a reasonable assurance is provided that the claimant will perform the service for the seasonal employer during the following active seasonal period;
(2) If benefits are denied to a seasonal worker for any week solely as a result of subdivision (d)(1) and the seasonal worker is not offered an opportunity to perform in the next active seasonal period for which there was a reasonable assurance of employment, the seasonal worker is entitled to retroactive payment of benefits for each week that the seasonal worker previously filed a timely claim for benefits; and
(3) Wages from seasonal employment shall be included in the base period as defined in § 50-7-218 for any week of unemployment commencing during the employer's active seasonal period.
Amended by 2016 Tenn. Acts, ch. 751,s 2, eff. 7/1/2016.
Acts 2012, ch. 1107, § 1.
Tenn. Code Ann. § 50-1-203 — TN Code / Title 50 / Chapter 1 / Section 50-1-203
Exclusion from employment for payment of or failure to pay union or employee organization dues
Status: in_force

It is unlawful for any person, firm, corporation or association of any kind to exclude from employment any person by reason of the person's payment of or failure to pay dues, fees, assessments or other charges to any labor union or employee organization of any kind. Acts 1947, ch. 36, § 3; C. Supp. 1950, § 11366.4 (Williams, § 11412.10); T.C.A. (orig. ed.), § 50-210.
It is unlawful for any person, firm, corporation or association of any kind to exclude from employment any person by reason of the person's payment of or failure to pay dues, fees, assessments or other charges to any labor union or employee organization of any kind.
Acts 1947, ch. 36, § 3; C. Supp. 1950, § 11366.4 (Williams, § 11412.10); T.C.A. (orig. ed.), § 50-210.
Tenn. Code Ann. § 50-3-502 — TN Code / Title 50 / Chapter 3 / Section 50-3-502
False statements or representations in applications, records, reports or documents
Status: in_force

Any person who knowingly makes any false statement, representation or certification in any application, record, report or other document filed or required to be filed or maintained pursuant to this chapter commits a Class C misdemeanor. Acts 1972, ch. 561, § 12; 1974, ch. 585, §§ 19, 34; T.C.A., § 50-540; Acts 1989, ch. 591, § 113.
Any person who knowingly makes any false statement, representation or certification in any application, record, report or other document filed or required to be filed or maintained pursuant to this chapter commits a Class C misdemeanor.
Acts 1972, ch. 561, § 12; 1974, ch. 585, §§ 19, 34; T.C.A., § 50-540; Acts 1989, ch. 591, § 113.
Tenn. Code Ann. § 50-1-308 — TN Code / Title 50 / Chapter 1 / Section 50-1-308
Payroll deductions for health insurance premiums
Status: in_force

Notwithstanding any other law, any employer, including, but not limited to, state and local government employers, that offers health insurance regulated under title 56 to its employees, may provide a payroll deduction for the employee portion of the health insurance premiums on the request of any employee who participates in the health insurance program. Acts 2006, ch. 590, § 1.
Notwithstanding any other law, any employer, including, but not limited to, state and local government employers, that offers health insurance regulated under title 56 to its employees, may provide a payroll deduction for the employee portion of the health insurance premiums on the request of any employee who participates in the health insurance program.
Acts 2006, ch. 590, § 1.
Tenn. Code Ann. § 50-7-904 — TN Code / Title 50 / Chapter 7 / Section 50-7-904
Participation - Approval criteria
Status: in_force

(a) An employer wishing to participate in a shared work program shall submit a signed written shared work benefits plan to the administrator for approval. (b) The administrator shall approve a shared work benefits plan only if the following criteria are met: (1) The plan: (A) Applies to and identifies the specified affected group; and (B) Includes an estimate of the number of layoffs that might occur absent participation in the shared work program; (2) The employees in the affected group or groups are identified by name, social security number, and other information required by the administrator; (3) The usual weekly hours of work for employees in the affected group or groups are reduced by not less than ten percent (10%) and not more than forty percent (40%); (4) Health benefits and retirement benefits under defined benefit pension plans, as defined in the federal Employee Retirement Income Security Act of 1974 (ERISA)( 29 U.S.C. § 1001 et seq.), and other fringe benefits will continue to be provided to employees in the affected group or groups as though their work weeks had not been reduced. However, if the employer reduces the level of benefits under this subdivision (b)(4) for employees who are not in the shared work group, then the level of benefits may be reduced by a like amount for the employer's shared work employees; (5) The plan certifies that the aggregate reduction in work hours is in lieu of all layoffs that would have affected at least ten percent (10%) of the employees in the affected group or groups to which the plan applies and that would have resulted in an equivalent reduction in work hours; (6) During the previous four (4) months, the workforce in the affected group has not been reduced by temporary layoffs of more than ten percent (10%) of the workers; (7) (A) The plan applies to at least ten percent (10%) of the employees in the affected group; and (B) (i) If the plan applies to all employees in the affected group, then the plan provides equal treatment to all employees of the group; and (ii) If the affected group is divided into subgroups, then the plan provides equal treatment to employees within each subgroup; (8) In the case of employees represented by an exclusive bargaining representative: (A) The plan is approved in writing by the collective bargaining agent. If the certification of an exclusive bargaining representative has been appealed, then the bargaining representative is considered to be the exclusive bargaining representative for work sharing plan purposes; (B) The plan must contain a certification by the employer that the employer has made the proposed plan available to: (i) Each employee in the affected group for inspection; or (ii) If applicable, to the exclusive bargaining representative; and (C) The plan must include: (i) A description of how the plan was made available; and (ii) If advance notice of the plan was not feasible, an explanation of why advance notice was not feasible; (9) The plan includes a certified statement by the employer that the terms and implementation of the shared work plan are consistent with obligations the employer has under applicable federal and state laws. An employee who joins an affected group after the approval of the shared work plan is automatically covered under the previously approved plan, effective the week that the administrator receives written notice from the shared work employer that the employee has joined; (10) On the most recent computation date preceding the date of submission of the shared work plan for approval, the total of all contributions paid on the employing unit's own behalf and credited to its account for all previous periods equaled or exceeded the regular benefits charged to its account for all previous periods; (11) The plan does not serve as a subsidy of seasonal employment during the off-season nor as a subsidy of temporary part-time employment or intermittent employment; and (12) The employer agrees to: (A) Furnish reports relating to the proper conduct of the plan; (B) Allow the administrator or the administrator's authorized representatives access to all records necessary to verify the plan before approval; and (C) Allow the administrator to monitor and evaluate application of the plan after approval. Added by 2022 Tenn. Acts, ch. 1086, s 1, eff. 12/1/2023.
(a) An employer wishing to participate in a shared work program shall submit a signed written shared work benefits plan to the administrator for approval.
(b) The administrator shall approve a shared work benefits plan only if the following criteria are met: (1) The plan: (A) Applies to and identifies the specified affected group; and (B) Includes an estimate of the number of layoffs that might occur absent participation in the shared work program; (2) The employees in the affected group or groups are identified by name, social security number, and other information required by the administrator; (3) The usual weekly hours of work for employees in the affected group or groups are reduced by not less than ten percent (10%) and not more than forty percent (40%); (4) Health benefits and retirement benefits under defined benefit pension plans, as defined in the federal Employee Retirement Income Security Act of 1974 (ERISA)( 29 U.S.C. § 1001 et seq.), and other fringe benefits will continue to be provided to employees in the affected group or groups as though their work weeks had not been reduced. However, if the employer reduces the level of benefits under this subdivision (b)(4) for employees who are not in the shared work group, then the level of benefits may be reduced by a like amount for the employer's shared work employees; (5) The plan certifies that the aggregate reduction in work hours is in lieu of all layoffs that would have affected at least ten percent (10%) of the employees in the affected group or groups to which the plan applies and that would have resulted in an equivalent reduction in work hours; (6) During the previous four (4) months, the workforce in the affected group has not been reduced by temporary layoffs of more than ten percent (10%) of the workers; (7) (A) The plan applies to at least ten percent (10%) of the employees in the affected group; and (B) (i) If the plan applies to all employees in the affected group, then the plan provides equal treatment to all employees of the group; and (ii) If the affected group is divided into subgroups, then the plan provides equal treatment to employees within each subgroup; (8) In the case of employees represented by an exclusive bargaining representative: (A) The plan is approved in writing by the collective bargaining agent. If the certification of an exclusive bargaining representative has been appealed, then the bargaining representative is considered to be the exclusive bargaining representative for work sharing plan purposes; (B) The plan must contain a certification by the employer that the employer has made the proposed plan available to: (i) Each employee in the affected group for inspection; or (ii) If applicable, to the exclusive bargaining representative; and (C) The plan must include: (i) A description of how the plan was made available; and (ii) If advance notice of the plan was not feasible, an explanation of why advance notice was not feasible; (9) The plan includes a certified statement by the employer that the terms and implementation of the shared work plan are consistent with obligations the employer has under applicable federal and state laws. An employee who joins an affected group after the approval of the shared work plan is automatically covered under the previously approved plan, effective the week that the administrator receives written notice from the shared work employer that the employee has joined; (10) On the most recent computation date preceding the date of submission of the shared work plan for approval, the total of all contributions paid on the employing unit's own behalf and credited to its account for all previous periods equaled or exceeded the regular benefits charged to its account for all previous periods; (11) The plan does not serve as a subsidy of seasonal employment during the off-season nor as a subsidy of temporary part-time employment or intermittent employment; and (12) The employer agrees to: (A) Furnish reports relating to the proper conduct of the plan; (B) Allow the administrator or the administrator's authorized representatives access to all records necessary to verify the plan before approval; and (C) Allow the administrator to monitor and evaluate application of the plan after approval.
(1) The plan: (A) Applies to and identifies the specified affected group; and (B) Includes an estimate of the number of layoffs that might occur absent participation in the shared work program;
(A) Applies to and identifies the specified affected group; and
(B) Includes an estimate of the number of layoffs that might occur absent participation in the shared work program;
(2) The employees in the affected group or groups are identified by name, social security number, and other information required by the administrator;
(3) The usual weekly hours of work for employees in the affected group or groups are reduced by not less than ten percent (10%) and not more than forty percent (40%);
(4) Health benefits and retirement benefits under defined benefit pension plans, as defined in the federal Employee Retirement Income Security Act of 1974 (ERISA)( 29 U.S.C. § 1001 et seq.), and other fringe benefits will continue to be provided to employees in the affected group or groups as though their work weeks had not been reduced. However, if the employer reduces the level of benefits under this subdivision (b)(4) for employees who are not in the shared work group, then the level of benefits may be reduced by a like amount for the employer's shared work employees;
(5) The plan certifies that the aggregate reduction in work hours is in lieu of all layoffs that would have affected at least ten percent (10%) of the employees in the affected group or groups to which the plan applies and that would have resulted in an equivalent reduction in work hours;
(6) During the previous four (4) months, the workforce in the affected group has not been reduced by temporary layoffs of more than ten percent (10%) of the workers;
(7) (A) The plan applies to at least ten percent (10%) of the employees in the affected group; and (B) (i) If the plan applies to all employees in the affected group, then the plan provides equal treatment to all employees of the group; and (ii) If the affected group is divided into subgroups, then the plan provides equal treatment to employees within each subgroup;
(A) The plan applies to at least ten percent (10%) of the employees in the affected group; and
(B) (i) If the plan applies to all employees in the affected group, then the plan provides equal treatment to all employees of the group; and (ii) If the affected group is divided into subgroups, then the plan provides equal treatment to employees within each subgroup;
(i) If the plan applies to all employees in the affected group, then the plan provides equal treatment to all employees of the group; and
(ii) If the affected group is divided into subgroups, then the plan provides equal treatment to employees within each subgroup;
(8) In the case of employees represented by an exclusive bargaining representative: (A) The plan is approved in writing by the collective bargaining agent. If the certification of an exclusive bargaining representative has been appealed, then the bargaining representative is considered to be the exclusive bargaining representative for work sharing plan purposes; (B) The plan must contain a certification by the employer that the employer has made the proposed plan available to: (i) Each employee in the affected group for inspection; or (ii) If applicable, to the exclusive bargaining representative; and (C) The plan must include: (i) A description of how the plan was made available; and (ii) If advance notice of the plan was not feasible, an explanation of why advance notice was not feasible;
(A) The plan is approved in writing by the collective bargaining agent. If the certification of an exclusive bargaining representative has been appealed, then the bargaining representative is considered to be the exclusive bargaining representative for work sharing plan purposes;
(B) The plan must contain a certification by the employer that the employer has made the proposed plan available to: (i) Each employee in the affected group for inspection; or (ii) If applicable, to the exclusive bargaining representative; and
(i) Each employee in the affected group for inspection; or
(ii) If applicable, to the exclusive bargaining representative; and
(C) The plan must include: (i) A description of how the plan was made available; and (ii) If advance notice of the plan was not feasible, an explanation of why advance notice was not feasible;
(i) A description of how the plan was made available; and
(ii) If advance notice of the plan was not feasible, an explanation of why advance notice was not feasible;
(9) The plan includes a certified statement by the employer that the terms and implementation of the shared work plan are consistent with obligations the employer has under applicable federal and state laws. An employee who joins an affected group after the approval of the shared work plan is automatically covered under the previously approved plan, effective the week that the administrator receives written notice from the shared work employer that the employee has joined;
(10) On the most recent computation date preceding the date of submission of the shared work plan for approval, the total of all contributions paid on the employing unit's own behalf and credited to its account for all previous periods equaled or exceeded the regular benefits charged to its account for all previous periods;
(11) The plan does not serve as a subsidy of seasonal employment during the off-season nor as a subsidy of temporary part-time employment or intermittent employment; and
(12) The employer agrees to: (A) Furnish reports relating to the proper conduct of the plan; (B) Allow the administrator or the administrator's authorized representatives access to all records necessary to verify the plan before approval; and (C) Allow the administrator to monitor and evaluate application of the plan after approval.
(A) Furnish reports relating to the proper conduct of the plan;
(B) Allow the administrator or the administrator's authorized representatives access to all records necessary to verify the plan before approval; and
(C) Allow the administrator to monitor and evaluate application of the plan after approval.
Added by 2022 Tenn. Acts, ch. 1086, s 1, eff. 12/1/2023.
Tenn. Code Ann. § 50-6-214 — TN Code / Title 50 / Chapter 6 / Section 50-6-214
Responsibility for payment of benefits and loss adjustment expenses between insurance carrier and self-insured employer
Status: in_force

(a) The administrator or the administrator's designee shall order appropriate workers' compensation benefits and loss adjustment expenses associated with the claim to be paid on an equal basis by the insurance carrier or carriers and the self-insured employer, as appropriate, in any case where: (1) (A) An employer changes insurance carriers; (B) The employer having been self-insured, becomes insured; or (C) The employer having been insured, is approved to be self-insured; and (2) One (1) of the following applies: (A) The compensability of the claim is not being disputed by the employer or carrier; or (B) A workers' compensation judge has determined the claim to be compensable or ordered the provision of benefits to an employee; and (3) There is a dispute as to which entity is responsible to provide workers' compensation benefits to a worker. (b) Upon an agreement by the parties or a court order as to which entity is responsible to pay the workers' compensation benefits to the employee, the entity responsible for the provision of workers' compensation benefits shall reimburse the other entity all moneys paid for or on behalf of the employee as ordered by the administrator or the administrator's designee, plus interest from the date of payment at the rate set by § 47-14-121 . Acts 2007, ch. 378, § 1; 2013, ch. 282, §§ 1, 7.
(a) The administrator or the administrator's designee shall order appropriate workers' compensation benefits and loss adjustment expenses associated with the claim to be paid on an equal basis by the insurance carrier or carriers and the self-insured employer, as appropriate, in any case where: (1) (A) An employer changes insurance carriers; (B) The employer having been self-insured, becomes insured; or (C) The employer having been insured, is approved to be self-insured; and (2) One (1) of the following applies: (A) The compensability of the claim is not being disputed by the employer or carrier; or (B) A workers' compensation judge has determined the claim to be compensable or ordered the provision of benefits to an employee; and (3) There is a dispute as to which entity is responsible to provide workers' compensation benefits to a worker.
(1) (A) An employer changes insurance carriers; (B) The employer having been self-insured, becomes insured; or (C) The employer having been insured, is approved to be self-insured; and
(A) An employer changes insurance carriers;
(B) The employer having been self-insured, becomes insured; or
(C) The employer having been insured, is approved to be self-insured; and
(2) One (1) of the following applies: (A) The compensability of the claim is not being disputed by the employer or carrier; or (B) A workers' compensation judge has determined the claim to be compensable or ordered the provision of benefits to an employee; and
(A) The compensability of the claim is not being disputed by the employer or carrier; or
(B) A workers' compensation judge has determined the claim to be compensable or ordered the provision of benefits to an employee; and
(3) There is a dispute as to which entity is responsible to provide workers' compensation benefits to a worker.
(b) Upon an agreement by the parties or a court order as to which entity is responsible to pay the workers' compensation benefits to the employee, the entity responsible for the provision of workers' compensation benefits shall reimburse the other entity all moneys paid for or on behalf of the employee as ordered by the administrator or the administrator's designee, plus interest from the date of payment at the rate set by § 47-14-121 .
Acts 2007, ch. 378, § 1; 2013, ch. 282, §§ 1, 7.
Tenn. Code Ann. § 50-6-912 — TN Code / Title 50 / Chapter 6 / Section 50-6-912
Fees
Status: in_force

(a) The bureau of workers' compensation may charge the following maximum fees for each of the following: (1) The issuance of a construction services provider registration to providers who have not been issued a license by the board ....................$50 (2) The issuance of a construction services provider workers' compensation exemption ....................$50 (3) The filing of correction information pursuant to § 50-6-905(c) ....................$20 (4) The filing of change of address information pursuant to§ 50-6-905(d) ....................$20 (5) The filing of a construction services provider workers' compensation exemption renewal ....................$50 (6) The filing of a construction services provider registration renewal to providers who have not been issued a license by the board ....................$50 (7) The filing of a revocation pursuant to § 50-6-908(a) ....................$20 (8) The issuance of a copy of the notice issued pursuant to§ 50-6-905(a)(1) ....................$20 (9) The issuance of a second or subsequent construction services provider workers' compensation exemption registration ....................$20 per registration (10) The filing of a second or subsequent construction services provider workers' compensation exemption renewal .................... $20 per renewal (b) In addition to the maximum fees authorized in subsection (a), the bureau of workers' compensation is authorized to charge an online transaction fee to cover costs associated with processing payments for applications submitted online. (c) Except as provided in subsections (a) and (b), no other fees shall be charged by the bureau of workers' compensation to administer this part. Amended by 2021 Tenn. Acts, ch. 88, s 8, eff. 1/1/2022. Amended by 2021 Tenn. Acts, ch. 88, s 3, eff. 1/1/2022. Acts 2010 , ch. 1149, § 13; 2011 , ch. 422, § 10; 2012, ch. 1030, § 2.
(a) The bureau of workers' compensation may charge the following maximum fees for each of the following: (1) The issuance of a construction services provider registration to providers who have not been issued a license by the board ....................$50 (2) The issuance of a construction services provider workers' compensation exemption ....................$50 (3) The filing of correction information pursuant to § 50-6-905(c) ....................$20 (4) The filing of change of address information pursuant to§ 50-6-905(d) ....................$20 (5) The filing of a construction services provider workers' compensation exemption renewal ....................$50 (6) The filing of a construction services provider registration renewal to providers who have not been issued a license by the board ....................$50 (7) The filing of a revocation pursuant to § 50-6-908(a) ....................$20 (8) The issuance of a copy of the notice issued pursuant to§ 50-6-905(a)(1) ....................$20 (9) The issuance of a second or subsequent construction services provider workers' compensation exemption registration ....................$20 per registration (10) The filing of a second or subsequent construction services provider workers' compensation exemption renewal .................... $20 per renewal
(1) The issuance of a construction services provider registration to providers who have not been issued a license by the board ....................$50
(2) The issuance of a construction services provider workers' compensation exemption ....................$50
(3) The filing of correction information pursuant to § 50-6-905(c) ....................$20
(4) The filing of change of address information pursuant to§ 50-6-905(d) ....................$20
(5) The filing of a construction services provider workers' compensation exemption renewal ....................$50
(6) The filing of a construction services provider registration renewal to providers who have not been issued a license by the board ....................$50
(7) The filing of a revocation pursuant to § 50-6-908(a) ....................$20
(8) The issuance of a copy of the notice issued pursuant to§ 50-6-905(a)(1) ....................$20
(9) The issuance of a second or subsequent construction services provider workers' compensation exemption registration ....................$20 per registration
(10) The filing of a second or subsequent construction services provider workers' compensation exemption renewal .................... $20 per renewal
(b) In addition to the maximum fees authorized in subsection (a), the bureau of workers' compensation is authorized to charge an online transaction fee to cover costs associated with processing payments for applications submitted online.
(c) Except as provided in subsections (a) and (b), no other fees shall be charged by the bureau of workers' compensation to administer this part.
Amended by 2021 Tenn. Acts, ch. 88, s 8, eff. 1/1/2022.
Amended by 2021 Tenn. Acts, ch. 88, s 3, eff. 1/1/2022.
Acts 2010 , ch. 1149, § 13; 2011 , ch. 422, § 10; 2012, ch. 1030, § 2.
Tenn. Code Ann. § 50-1-601 — TN Code / Title 50 / Chapter 1 / Section 50-1-601
Part definitions
Status: in_force

As used in this part, unless the context otherwise requires: (1) "Employer" means any person, corporation or other entity that employs at least fifty (50) but not more than ninety-nine (99) full-time employees at a workplace located within this state, and that is not excluded or exempt from the requirements of the Employment Security Law, compiled in chapter 7 of this title; (2) "Reduction in operations" means: (A) The closure of a workplace, or a portion of the operations in the workplace, whereby the number of employees working within the workplace is permanently or indefinitely reduced by fifty (50) or more during any three-month period; (B) The modernization of a workplace, or a portion of the operations in the workplace, whereby the number of employees working within the workplace is permanently or indefinitely reduced by fifty (50) or more during any three-month period; (C) The relocation of a workplace, or a portion of the operations in the workplace, to another site located more than fifty (50) miles from the workplace, whereby the number of employees working within the workplace is permanently or indefinitely reduced by fifty (50) or more during any three-month period; or (D) The implementation or application of any management policy within a workplace, whereby the number of employees working within the workplace is permanently or indefinitely reduced by fifty (50) or more during any three-month period; and (3) "Workplace" means a factory, plant, office or other facility where employees produce goods or provide services. Acts 1988, ch. 997, § 2; 1989, ch. 399, § 1.
As used in this part, unless the context otherwise requires:
(1) "Employer" means any person, corporation or other entity that employs at least fifty (50) but not more than ninety-nine (99) full-time employees at a workplace located within this state, and that is not excluded or exempt from the requirements of the Employment Security Law, compiled in chapter 7 of this title;
(2) "Reduction in operations" means: (A) The closure of a workplace, or a portion of the operations in the workplace, whereby the number of employees working within the workplace is permanently or indefinitely reduced by fifty (50) or more during any three-month period; (B) The modernization of a workplace, or a portion of the operations in the workplace, whereby the number of employees working within the workplace is permanently or indefinitely reduced by fifty (50) or more during any three-month period; (C) The relocation of a workplace, or a portion of the operations in the workplace, to another site located more than fifty (50) miles from the workplace, whereby the number of employees working within the workplace is permanently or indefinitely reduced by fifty (50) or more during any three-month period; or (D) The implementation or application of any management policy within a workplace, whereby the number of employees working within the workplace is permanently or indefinitely reduced by fifty (50) or more during any three-month period; and
(A) The closure of a workplace, or a portion of the operations in the workplace, whereby the number of employees working within the workplace is permanently or indefinitely reduced by fifty (50) or more during any three-month period;
(B) The modernization of a workplace, or a portion of the operations in the workplace, whereby the number of employees working within the workplace is permanently or indefinitely reduced by fifty (50) or more during any three-month period;
(C) The relocation of a workplace, or a portion of the operations in the workplace, to another site located more than fifty (50) miles from the workplace, whereby the number of employees working within the workplace is permanently or indefinitely reduced by fifty (50) or more during any three-month period; or
(D) The implementation or application of any management policy within a workplace, whereby the number of employees working within the workplace is permanently or indefinitely reduced by fifty (50) or more during any three-month period; and
(3) "Workplace" means a factory, plant, office or other facility where employees produce goods or provide services.
Acts 1988, ch. 997, § 2; 1989, ch. 399, § 1.
Tenn. Code Ann. § 50-3-602 — TN Code / Title 50 / Chapter 3 / Section 50-3-602
Temporary variances - Notice - Duration - Renewals
Status: in_force

(a) The temporary variance provided for in § 50-3-601 may be granted only after notice to employees and interested parties and opportunity for hearing. (b) The variance may be for a period of no longer than required to achieve compliance or one (1) year, whichever is shorter. (c) The variance may be renewed only once; provided, that longer variances may be granted in the case of employers who undertake experimental programs in safety and health that are either in cooperation with state or federal agencies or approved by the commissioner. (d) Application for renewal of a variance must be filed in accordance with provisions in the initial grant of the variance. Acts 1972, ch. 561, § 13; 1974, ch. 585, § 36; 1977, ch. 111, § 28; T.C.A., § 50-547.
(a) The temporary variance provided for in § 50-3-601 may be granted only after notice to employees and interested parties and opportunity for hearing.
(b) The variance may be for a period of no longer than required to achieve compliance or one (1) year, whichever is shorter.
(c) The variance may be renewed only once; provided, that longer variances may be granted in the case of employers who undertake experimental programs in safety and health that are either in cooperation with state or federal agencies or approved by the commissioner.
(d) Application for renewal of a variance must be filed in accordance with provisions in the initial grant of the variance.
Acts 1972, ch. 561, § 13; 1974, ch. 585, § 36; 1977, ch. 111, § 28; T.C.A., § 50-547.
Tenn. Code Ann. § 50-6-616 — TN Code / Title 50 / Chapter 6 / Section 50-6-616
Appropriations prohibited except as provided in Section 50-6-621
Status: in_force

The fund shall not receive any state appropriation at any time other than as provided by § 50-6-621 . Acts 1992, ch. 900, § 26.
The fund shall not receive any state appropriation at any time other than as provided by § 50-6-621 .
Acts 1992, ch. 900, § 26.
Tenn. Code Ann. § 50-2-115 — TN Code / Title 50 / Chapter 2 / Section 50-2-115
Chapter definitions
Status: in_force

As used in this chapter, "work": (1) Has the same meaning as interpreted by the United States supreme court for purposes of the Fair Labor Standards Act ( 29 U.S.C. § 201 et seq.) and the Portal-to-Portal Act of 1947 ( 29 U.S.C. § 251 et seq.); and (2) Does not include the time that an employee spends on: (A) Walking, riding, or traveling to and from the actual place of performance of the principal activity or activities that the employee is employed to perform; (B) Activities that are preliminary to or postliminary to the principal activity; or (C) Activities that require insubstantial or insignificant periods of time beyond the employee's scheduled working hours. Added by 2024 Tenn. Acts, ch. 623,s 1, eff. 7/1/2024.
As used in this chapter, "work":
(1) Has the same meaning as interpreted by the United States supreme court for purposes of the Fair Labor Standards Act ( 29 U.S.C. § 201 et seq.) and the Portal-to-Portal Act of 1947 ( 29 U.S.C. § 251 et seq.); and
(2) Does not include the time that an employee spends on: (A) Walking, riding, or traveling to and from the actual place of performance of the principal activity or activities that the employee is employed to perform; (B) Activities that are preliminary to or postliminary to the principal activity; or (C) Activities that require insubstantial or insignificant periods of time beyond the employee's scheduled working hours.
(A) Walking, riding, or traveling to and from the actual place of performance of the principal activity or activities that the employee is employed to perform;
(B) Activities that are preliminary to or postliminary to the principal activity; or
(C) Activities that require insubstantial or insignificant periods of time beyond the employee's scheduled working hours.
Added by 2024 Tenn. Acts, ch. 623,s 1, eff. 7/1/2024.
Tenn. Code Ann. § 50-1-302 — TN Code / Title 50 / Chapter 1 / Section 50-1-302
Interference with choice of physician - Company doctors
Status: in_force

(a) It is unlawful for any employer, or agent, clerk or superintendent of the employer, to dictate or in any manner interfere with any employee or laborer in the employee's or laborer's rights to select the employee's or laborer's own family physician. (b) It is unlawful for any employer, or agent, clerk or superintendent of the employer, to retain or withhold any part or portion of the wages due to the employee or laborer for the avowed purpose of paying the salary of any person claiming to be the company doctor without the full consent of the employee or laborer. The whole amount of any wages so retained by consent shall be paid to the company doctor or other physician employed by the employee. (c) Any employer, or agent, clerk or superintendent of the employer, violating this section commits a Class C misdemeanor. Acts 1889, ch. 259, §§ 1-3; Shan., §§ 6879-6881; mod. Code 1932, §§ 11355-11357; T.C.A. (orig. ed.), §§ 50-203, 50-318, 50-319; Acts 1989, ch. 591, § 113.
(a) It is unlawful for any employer, or agent, clerk or superintendent of the employer, to dictate or in any manner interfere with any employee or laborer in the employee's or laborer's rights to select the employee's or laborer's own family physician.
(b) It is unlawful for any employer, or agent, clerk or superintendent of the employer, to retain or withhold any part or portion of the wages due to the employee or laborer for the avowed purpose of paying the salary of any person claiming to be the company doctor without the full consent of the employee or laborer. The whole amount of any wages so retained by consent shall be paid to the company doctor or other physician employed by the employee.
(c) Any employer, or agent, clerk or superintendent of the employer, violating this section commits a Class C misdemeanor.
Acts 1889, ch. 259, §§ 1-3; Shan., §§ 6879-6881; mod. Code 1932, §§ 11355-11357; T.C.A. (orig. ed.), §§ 50-203, 50-318, 50-319; Acts 1989, ch. 591, § 113.
Tenn. Code Ann. § 50-7-203 — TN Code / Title 50 / Chapter 7 / Section 50-7-203
"Administrator," "commissioner" and "department" defined
Status: in_force

(a) "Administrator" means the chief administrative officer of the division of employment security of the department of labor and workforce development. (b) "Commissioner" means the commissioner of labor and workforce development. (c) "Department" means the department of labor and workforce development. Acts 1947, ch. 29, § 2; C. Supp. 1950, § 6901.2 (Williams, § 6901.26); T.C.A. (orig. ed.), § 50-1305; Acts 1999, ch. 520, § 41.
(a) "Administrator" means the chief administrative officer of the division of employment security of the department of labor and workforce development.
(b) "Commissioner" means the commissioner of labor and workforce development.
(c) "Department" means the department of labor and workforce development.
Acts 1947, ch. 29, § 2; C. Supp. 1950, § 6901.2 (Williams, § 6901.26); T.C.A. (orig. ed.), § 50-1305; Acts 1999, ch. 520, § 41.
Tenn. Code Ann. § 50-3-801 — TN Code / Title 50 / Chapter 3 / Section 50-3-801
Creation - Members
Status: in_force

(a) There is created the occupational safety and health review commission, consisting of three (3) members to be appointed by the governor, each member to serve for a period of three (3) years. (b) The governor shall designate one (1) member to serve as chair. (c) The members shall be chosen from persons qualified by education, training or experience to carry out the functions of the commission. (d) Service on the commission for a term shall not render a person ineligible for reappointment. (e) Each member shall be reimbursed for travel in accordance with the comprehensive travel regulations as approved by the attorney general and reporter and the commissioner of finance and administration. (f) A per diem allowance of fifty dollars ($50.00) shall only be paid to members for meetings at which a quorum is present. (g) In the event a member is unable to complete the member's term, the member's replacement shall serve only the remainder of the term of the member the replacement replaces, unless reappointed. Acts 1972, ch. 561, § 15; 1974, ch. 585, § 37; 1976, ch. 707, § 1; 1976, ch. 806, § 1(74); T.C.A., § 50-554.
(a) There is created the occupational safety and health review commission, consisting of three (3) members to be appointed by the governor, each member to serve for a period of three (3) years.
(b) The governor shall designate one (1) member to serve as chair.
(c) The members shall be chosen from persons qualified by education, training or experience to carry out the functions of the commission.
(d) Service on the commission for a term shall not render a person ineligible for reappointment.
(e) Each member shall be reimbursed for travel in accordance with the comprehensive travel regulations as approved by the attorney general and reporter and the commissioner of finance and administration.
(f) A per diem allowance of fifty dollars ($50.00) shall only be paid to members for meetings at which a quorum is present.
(g) In the event a member is unable to complete the member's term, the member's replacement shall serve only the remainder of the term of the member the replacement replaces, unless reappointed.
Acts 1972, ch. 561, § 15; 1974, ch. 585, § 37; 1976, ch. 707, § 1; 1976, ch. 806, § 1(74); T.C.A., § 50-554.
Tenn. Code Ann. § 50-11-104 — TN Code / Title 50 / Chapter 11 / Section 50-11-104
Duties
Status: in_force

(a) The office of apprenticeship shall develop a nationally recognized state apprenticeship completion credential, as described in 29 CFR 29.5 , for completing a registered apprenticeship program. (b) The office of apprenticeship shall establish competency-based apprenticeship frameworks based on the regional and statewide compendia of valuable credentials. (c) The office of apprenticeship may approve apprenticeship programs that are mandated by state or federal law as a result of the sponsor receiving funds or resources from the state, or funds or resources from the federal government, that require the creation of an apprenticeship program in accordance with a federal grant administered by this state. (d) The commissioner may promulgate rules on behalf of the office of apprenticeship as necessary to effectuate the intent of this chapter pursuant to the Uniform Administrative Procedures Act, compiled in title 4, chapter 5. A rule promulgated pursuant to this chapter must conform to the published apprenticeship guidelines in 29 CFR Parts 29 and 30. (e) The office of apprenticeship shall consider advice provided by the apprenticeship council when completing the office's duties as set forth in this section. (f) A sponsor may apply to register a pre-apprenticeship or apprenticeship with the office of apprenticeship. A registered apprenticeship must include, at a minimum: (1) On-the-job training from an employer; (2) Related technical instruction from an apprenticeship intermediary; and (3) The opportunity for an apprentice to earn a portable, nationally recognized industry credential. (g) A sponsor of a registered pre-apprenticeship or registered apprenticeship is responsible for the administration and supervision of on-the-job training and related technical instruction for each apprentice in the registered pre-apprenticeship or registered apprenticeship. Added by 2021 Tenn. Acts, ch. 397, s 1, eff. 5/11/2021.
(a) The office of apprenticeship shall develop a nationally recognized state apprenticeship completion credential, as described in 29 CFR 29.5 , for completing a registered apprenticeship program.
(b) The office of apprenticeship shall establish competency-based apprenticeship frameworks based on the regional and statewide compendia of valuable credentials.
(c) The office of apprenticeship may approve apprenticeship programs that are mandated by state or federal law as a result of the sponsor receiving funds or resources from the state, or funds or resources from the federal government, that require the creation of an apprenticeship program in accordance with a federal grant administered by this state.
(d) The commissioner may promulgate rules on behalf of the office of apprenticeship as necessary to effectuate the intent of this chapter pursuant to the Uniform Administrative Procedures Act, compiled in title 4, chapter 5. A rule promulgated pursuant to this chapter must conform to the published apprenticeship guidelines in 29 CFR Parts 29 and 30.
(e) The office of apprenticeship shall consider advice provided by the apprenticeship council when completing the office's duties as set forth in this section.
(f) A sponsor may apply to register a pre-apprenticeship or apprenticeship with the office of apprenticeship. A registered apprenticeship must include, at a minimum: (1) On-the-job training from an employer; (2) Related technical instruction from an apprenticeship intermediary; and (3) The opportunity for an apprentice to earn a portable, nationally recognized industry credential.
(1) On-the-job training from an employer;
(2) Related technical instruction from an apprenticeship intermediary; and
(3) The opportunity for an apprentice to earn a portable, nationally recognized industry credential.
(g) A sponsor of a registered pre-apprenticeship or registered apprenticeship is responsible for the administration and supervision of on-the-job training and related technical instruction for each apprentice in the registered pre-apprenticeship or registered apprenticeship.
Added by 2021 Tenn. Acts, ch. 397, s 1, eff. 5/11/2021.
Tenn. Code Ann. § 50-9-109 — TN Code / Title 50 / Chapter 9 / Section 50-9-109
Confidentiality of records - Parental notification
Status: in_force

(a) All information, interviews, reports, statements, memoranda and drug or alcohol test results, written or otherwise, received by the covered employer through a drug or alcohol testing program are confidential communications and may not be used or received in evidence, obtained in discovery or disclosed in any public or private proceedings, except in accordance with this section or in determining compensability under this chapter. (b) Covered employers, laboratories, medical review officers, employee assistance programs, drug or alcohol rehabilitation programs and their agents who receive or have access to information concerning drug or alcohol test results shall keep all information confidential. Release of the information under any other circumstance is authorized solely pursuant to a written consent form signed voluntarily by the person tested, unless the release is compelled by a hearing officer or a court of competent jurisdiction pursuant to an appeal taken under this section, relevant to a legal claim asserted by the employee or is deemed appropriate by a professional or occupational licensing board in a related disciplinary proceeding. The consent form must contain, at a minimum: (1) The name of the person who is authorized to obtain the information; (2) The purpose of the disclosure; (3) The precise information to be disclosed; (4) The duration of the consent; and (5) The signature of the person authorizing release of the information. (c) Information on drug or alcohol test results for tests administered pursuant to this chapter shall not be released or used in any criminal proceeding against the employee or job applicant. Information released contrary to this section is inadmissible as evidence in the criminal proceeding. (d) This section does not prohibit a covered employer, agent of the employer or laboratory conducting a drug or alcohol test from having access to employee drug or alcohol test information or using the information when consulting with legal counsel in connection with actions brought under or related to this section, or when the information is relevant to its defense in a civil or administrative matter. Neither is this section intended to prohibit disclosure among management as is reasonably necessary for making disciplinary decisions relating to violations of drug or alcohol standards of conduct adopted by an employer. (e) A covered employer shall notify the parents or legal guardians of a minor of the results of any drug or alcohol testing program conducted pursuant to this chapter. Notwithstanding any other provisions of this section, an employer is authorized to disclose the results to parents and guardians and an employer shall not be liable for any disclosure permitted by this subsection (e). Acts 1996, ch. 944, §50; 1997 , ch. 533, § 45; 2001, ch. 160, § 1.
(a) All information, interviews, reports, statements, memoranda and drug or alcohol test results, written or otherwise, received by the covered employer through a drug or alcohol testing program are confidential communications and may not be used or received in evidence, obtained in discovery or disclosed in any public or private proceedings, except in accordance with this section or in determining compensability under this chapter.
(b) Covered employers, laboratories, medical review officers, employee assistance programs, drug or alcohol rehabilitation programs and their agents who receive or have access to information concerning drug or alcohol test results shall keep all information confidential. Release of the information under any other circumstance is authorized solely pursuant to a written consent form signed voluntarily by the person tested, unless the release is compelled by a hearing officer or a court of competent jurisdiction pursuant to an appeal taken under this section, relevant to a legal claim asserted by the employee or is deemed appropriate by a professional or occupational licensing board in a related disciplinary proceeding. The consent form must contain, at a minimum: (1) The name of the person who is authorized to obtain the information; (2) The purpose of the disclosure; (3) The precise information to be disclosed; (4) The duration of the consent; and (5) The signature of the person authorizing release of the information.
(1) The name of the person who is authorized to obtain the information;
(2) The purpose of the disclosure;
(3) The precise information to be disclosed;
(4) The duration of the consent; and
(5) The signature of the person authorizing release of the information.
(c) Information on drug or alcohol test results for tests administered pursuant to this chapter shall not be released or used in any criminal proceeding against the employee or job applicant. Information released contrary to this section is inadmissible as evidence in the criminal proceeding.
(d) This section does not prohibit a covered employer, agent of the employer or laboratory conducting a drug or alcohol test from having access to employee drug or alcohol test information or using the information when consulting with legal counsel in connection with actions brought under or related to this section, or when the information is relevant to its defense in a civil or administrative matter. Neither is this section intended to prohibit disclosure among management as is reasonably necessary for making disciplinary decisions relating to violations of drug or alcohol standards of conduct adopted by an employer.
(e) A covered employer shall notify the parents or legal guardians of a minor of the results of any drug or alcohol testing program conducted pursuant to this chapter. Notwithstanding any other provisions of this section, an employer is authorized to disclose the results to parents and guardians and an employer shall not be liable for any disclosure permitted by this subsection (e).
Acts 1996, ch. 944, §50; 1997 , ch. 533, § 45; 2001, ch. 160, § 1.
Tenn. Code Ann. § 50-3-917 — TN Code / Title 50 / Chapter 3 / Section 50-3-917
Cooperation with federal government
Status: in_force

The commissioner of labor and workforce development, subject to the direction and designation of the governor under § 4-4-116 , is authorized, in accordance with § 18 of the federal Occupational Safety and Health Act of 1970 ( 29 U.S.C. § 667 ) to: (1) Submit a state plan for the state that provides for safe and healthful employment by the adoption of standards and means for enforcement of the standards that are at least as effective as those standards and means for enforcement of the standards as are provided by the federal Occupational Safety and Health Act of 1970 ( 29 U.S.C. §§ 651 - 678 ); (2) Accept funds made available under that act and similar or related acts; (3) Enter into agreements and make reports necessary to the acceptance of the funds; and (4) Cooperate with the federal government in ways that are reasonably designed to carry out the purposes of the act. Acts 1972, ch. 561, § 23; 1974, ch. 585, § 37; 1977, ch. 111, § 42; T.C.A., § 50-578; Acts 1999, ch. 520, § 41.
The commissioner of labor and workforce development, subject to the direction and designation of the governor under § 4-4-116 , is authorized, in accordance with § 18 of the federal Occupational Safety and Health Act of 1970 ( 29 U.S.C. § 667 ) to:
(1) Submit a state plan for the state that provides for safe and healthful employment by the adoption of standards and means for enforcement of the standards that are at least as effective as those standards and means for enforcement of the standards as are provided by the federal Occupational Safety and Health Act of 1970 ( 29 U.S.C. §§ 651 - 678 );
(2) Accept funds made available under that act and similar or related acts;
(3) Enter into agreements and make reports necessary to the acceptance of the funds; and
(4) Cooperate with the federal government in ways that are reasonably designed to carry out the purposes of the act.
Acts 1972, ch. 561, § 23; 1974, ch. 585, § 37; 1977, ch. 111, § 42; T.C.A., § 50-578; Acts 1999, ch. 520, § 41.
Tenn. Code Ann. § 50-6-902 — TN Code / Title 50 / Chapter 6 / Section 50-6-902
Requirement that construction services providers carry workers' compensation insurance - Exemptions - Election by subcontractor
Status: in_force

(a) Except as provided in subsection (b), all construction services providers shall be required to carry workers' compensation insurance on themselves. The requirement set out in this subsection (a) shall apply whether or not the provider employs fewer than five (5) employees. (b) To the extent there is no restriction on applying for an exemption pursuant to § 50-6-903 , a construction services provider shall be exempt from subsection (a) if the provider: (1) Is a construction services provider rendering services on a construction project that is not a commercial construction project and is listed on the registry; (2) Is a construction services provider rendering services on a commercial construction project, is listed on the registry and such provider is rendering services to a person or entity that complies with § 50-6-914(b)(2) ; (3) Is covered under a policy of workers' compensation insurance maintained by the person or entity for whom the provider is providing services; (4) Is a construction services provider performing work directly for the owner of the property; provided, however, that this subdivision (b)(4) shall not apply to a construction services provider who acts as a general or intermediate contractor and who subsequently subcontracts any of the work contracted to be performed on behalf of the owner; (5) Is a construction services provider building a dwelling or other structure, or performing maintenance, repairs, or making additions to structures, on the construction service provider's own property; or (6) Is a provider whose employment at the time of injury is casual as provided in § 50-6-106 . (c) A subcontractor engaged in the construction industry under contract to a general contractor engaged in the construction industry may elect to be covered under any policy of workers' compensation insurance insuring the general contractor upon written agreement of the general contractor, regardless of whether such subcontractor is on the registry established pursuant to this part, by filing written notice of the election, on a form prescribed by the administrator of the workers' compensation bureau, with the bureau. It is the responsibility of the general contractor to file the written notice with the bureau. Failure of the general contractor to file the written notice shall not operate to relieve or alter the obligation of an insurance company to provide coverage to a subcontractor when the subcontractor can produce evidence of payment of premiums to the insurance company for the coverage. The election shall in no way terminate or affect the independent contractor status of the subcontractor for any other purpose than to permit workers' compensation coverage. The election of coverage may be terminated by the subcontractor or general contractor by providing written notice of the termination to the bureau and to all other parties consenting to the prior election. The termination shall be effective thirty (30) days from the date of the notice to all other parties consenting to the prior election and to the bureau. (d) Nothing in this part shall be construed as exempting or preventing a construction services provider from carrying workers' compensation insurance for any of its employees. The requirement set out in this subsection (d) shall apply whether or not the provider employs fewer than five (5) employees. Acts 2010, ch. 1149, § 13; 2011, ch. 422, § 4; 2013, ch. 282, § 1; 2014, ch. 903, § 9; 2015, ch. 341, § 15.
(a) Except as provided in subsection (b), all construction services providers shall be required to carry workers' compensation insurance on themselves. The requirement set out in this subsection (a) shall apply whether or not the provider employs fewer than five (5) employees.
(b) To the extent there is no restriction on applying for an exemption pursuant to § 50-6-903 , a construction services provider shall be exempt from subsection (a) if the provider: (1) Is a construction services provider rendering services on a construction project that is not a commercial construction project and is listed on the registry; (2) Is a construction services provider rendering services on a commercial construction project, is listed on the registry and such provider is rendering services to a person or entity that complies with § 50-6-914(b)(2) ; (3) Is covered under a policy of workers' compensation insurance maintained by the person or entity for whom the provider is providing services; (4) Is a construction services provider performing work directly for the owner of the property; provided, however, that this subdivision (b)(4) shall not apply to a construction services provider who acts as a general or intermediate contractor and who subsequently subcontracts any of the work contracted to be performed on behalf of the owner; (5) Is a construction services provider building a dwelling or other structure, or performing maintenance, repairs, or making additions to structures, on the construction service provider's own property; or (6) Is a provider whose employment at the time of injury is casual as provided in § 50-6-106 .
(1) Is a construction services provider rendering services on a construction project that is not a commercial construction project and is listed on the registry;
(2) Is a construction services provider rendering services on a commercial construction project, is listed on the registry and such provider is rendering services to a person or entity that complies with § 50-6-914(b)(2) ;
(3) Is covered under a policy of workers' compensation insurance maintained by the person or entity for whom the provider is providing services;
(4) Is a construction services provider performing work directly for the owner of the property; provided, however, that this subdivision (b)(4) shall not apply to a construction services provider who acts as a general or intermediate contractor and who subsequently subcontracts any of the work contracted to be performed on behalf of the owner;
(5) Is a construction services provider building a dwelling or other structure, or performing maintenance, repairs, or making additions to structures, on the construction service provider's own property; or
(6) Is a provider whose employment at the time of injury is casual as provided in § 50-6-106 .
(c) A subcontractor engaged in the construction industry under contract to a general contractor engaged in the construction industry may elect to be covered under any policy of workers' compensation insurance insuring the general contractor upon written agreement of the general contractor, regardless of whether such subcontractor is on the registry established pursuant to this part, by filing written notice of the election, on a form prescribed by the administrator of the workers' compensation bureau, with the bureau. It is the responsibility of the general contractor to file the written notice with the bureau. Failure of the general contractor to file the written notice shall not operate to relieve or alter the obligation of an insurance company to provide coverage to a subcontractor when the subcontractor can produce evidence of payment of premiums to the insurance company for the coverage. The election shall in no way terminate or affect the independent contractor status of the subcontractor for any other purpose than to permit workers' compensation coverage. The election of coverage may be terminated by the subcontractor or general contractor by providing written notice of the termination to the bureau and to all other parties consenting to the prior election. The termination shall be effective thirty (30) days from the date of the notice to all other parties consenting to the prior election and to the bureau.
(d) Nothing in this part shall be construed as exempting or preventing a construction services provider from carrying workers' compensation insurance for any of its employees. The requirement set out in this subsection (d) shall apply whether or not the provider employs fewer than five (5) employees.
Acts 2010, ch. 1149, § 13; 2011, ch. 422, § 4; 2013, ch. 282, § 1; 2014, ch. 903, § 9; 2015, ch. 341, § 15.
Tenn. Code Ann. § 50-3-403 — TN Code / Title 50 / Chapter 3 / Section 50-3-403
Knowledge of conditions endangering health or safety - Penalty
Status: in_force

If an employer knows or has reason to know that an employment condition or practice in the employer's business seriously endangers the health or safety of the employer's employees, and if the condition or practice is not in compliance with any standard promulgated pursuant to this chapter, a penalty of up to seven thousand dollars ($7,000) shall be assessed for each violation. Acts 1972, ch. 561, § 11; 1977, ch. 111, § 20; T.C.A., § 50-532; Acts 1991, ch. 170, § 1.
If an employer knows or has reason to know that an employment condition or practice in the employer's business seriously endangers the health or safety of the employer's employees, and if the condition or practice is not in compliance with any standard promulgated pursuant to this chapter, a penalty of up to seven thousand dollars ($7,000) shall be assessed for each violation.
Acts 1972, ch. 561, § 11; 1977, ch. 111, § 20; T.C.A., § 50-532; Acts 1991, ch. 170, § 1.
Tenn. Code Ann. § 50-6-1004 — TN Code / Title 50 / Chapter 6 / Section 50-6-1004
Creation of the association
Status: in_force

(a) There is created a nonprofit unincorporated legal entity to be known as the Tennessee self-insurers' guaranty association. To the extent that this part conflicts with the Tennessee Nonprofit Corporation Act, compiled in title 48, chapters 51-69, this part controls; however, the association, its officers and directors, and its member self-insurers must not be provided with fewer protections and indemnities from suit than those afforded nonprofit corporations duly incorporated in this state. (b) All member self-insurers are and must remain members of the association and participate as required in the plan of operation as a condition of their authority to self-insure in this state. (c) This part does not apply to self-insured groups organized pursuant to § 50-6-405(c) . (d) The association shall perform its functions under a plan of operation established and approved by the commissioner pursuant to § 50-6-1011 and shall exercise its powers through a board of directors established under this part. (e) This part does not apply to a governmental entity, or a department or division of a governmental entity, that has elected to self-insure pursuant to § 50-6-405(a)(2) , unless the governmental entity, or department or division of the governmental entity, accepts this part by requesting to be a member of the association by written notification to the commissioner and the association, and the commissioner and the association consent in writing to such acceptance. Any such request must be made on or before May 1, 2025, for this part to become effective as to the electing governmental entity as of July 1, 2025, and must be made on or before May 1 of any year thereafter, for this part to become effective as of July 1 of that year. The governmental entity, or department or division of the governmental entity, may, at any time, on or before May 1, withdraw its acceptance of this part by written notification to the commissioner and the association. Such withdrawal becomes effective as of the following July 1. In the event of a withdrawal of acceptance of this part, the requirements of § 50-6-405 apply without regard to this part as of the date the withdrawal becomes effective. Added by 2024 Tenn. Acts, ch. 666,s 1, eff. 4/9/2024.
(a) There is created a nonprofit unincorporated legal entity to be known as the Tennessee self-insurers' guaranty association. To the extent that this part conflicts with the Tennessee Nonprofit Corporation Act, compiled in title 48, chapters 51-69, this part controls; however, the association, its officers and directors, and its member self-insurers must not be provided with fewer protections and indemnities from suit than those afforded nonprofit corporations duly incorporated in this state.
(b) All member self-insurers are and must remain members of the association and participate as required in the plan of operation as a condition of their authority to self-insure in this state.
(c) This part does not apply to self-insured groups organized pursuant to § 50-6-405(c) .
(d) The association shall perform its functions under a plan of operation established and approved by the commissioner pursuant to § 50-6-1011 and shall exercise its powers through a board of directors established under this part.
(e) This part does not apply to a governmental entity, or a department or division of a governmental entity, that has elected to self-insure pursuant to § 50-6-405(a)(2) , unless the governmental entity, or department or division of the governmental entity, accepts this part by requesting to be a member of the association by written notification to the commissioner and the association, and the commissioner and the association consent in writing to such acceptance. Any such request must be made on or before May 1, 2025, for this part to become effective as to the electing governmental entity as of July 1, 2025, and must be made on or before May 1 of any year thereafter, for this part to become effective as of July 1 of that year. The governmental entity, or department or division of the governmental entity, may, at any time, on or before May 1, withdraw its acceptance of this part by written notification to the commissioner and the association. Such withdrawal becomes effective as of the following July 1. In the event of a withdrawal of acceptance of this part, the requirements of § 50-6-405 apply without regard to this part as of the date the withdrawal becomes effective.
Added by 2024 Tenn. Acts, ch. 666,s 1, eff. 4/9/2024.
Tenn. Code Ann. § 50-3-401 — TN Code / Title 50 / Chapter 3 / Section 50-3-401
Injunctive relief
Status: in_force

(a) (1) Where the commissioner of labor and workforce development has reason to believe that any condition or practice in any place of employment could reasonably be expected to cause death or serious physical harm immediately or before the imminence of the danger can be eliminated through the enforcement procedures otherwise provided by this chapter, the commissioner may institute proceedings to prevent, correct or remove the conditions or practice in any court having statutory power to enjoin or restrain in the county in which the condition or practice exists. (2) Injunctive relief granted under this subsection (a) may require the removal of all individuals from the place of employment except those individuals required to prevent, correct or remove the imminent danger. (3) In the event that cessation of employment operations is necessary, the injunctive relief may require the cessation to be accomplished in a safe and orderly manner. (b) For the purpose of Rule 65.03 of the Tennessee Rules of Civil Procedure, the commissioner, when seeking relief under subsection (a), shall be considered to represent the interest of any employee affected by the condition or practice referred to by subsection (a). (c) Institution of a proceeding for injunctive relief under this section shall not in any way bar the institution or continuation of proceedings for the imposition of monetary penalties under §§ 50-3-402 - 50-3-408. (d) Any employee or group of employees affected by a condition or practice referred to in subsection (a) may be permitted to intervene in an action brought by the commissioner pursuant to this section; provided, that the intervention is subject to the discretion of the court in which the action is brought. Acts 1972, ch. 561, § 10; 1974, ch. 585, §§ 14, 15; 1977, ch. 111, §§ 17, 18; T.C.A., §§ 50-528 -- 50-530; Acts 1999, ch. 520, § 41.
(a) (1) Where the commissioner of labor and workforce development has reason to believe that any condition or practice in any place of employment could reasonably be expected to cause death or serious physical harm immediately or before the imminence of the danger can be eliminated through the enforcement procedures otherwise provided by this chapter, the commissioner may institute proceedings to prevent, correct or remove the conditions or practice in any court having statutory power to enjoin or restrain in the county in which the condition or practice exists. (2) Injunctive relief granted under this subsection (a) may require the removal of all individuals from the place of employment except those individuals required to prevent, correct or remove the imminent danger. (3) In the event that cessation of employment operations is necessary, the injunctive relief may require the cessation to be accomplished in a safe and orderly manner.
(1) Where the commissioner of labor and workforce development has reason to believe that any condition or practice in any place of employment could reasonably be expected to cause death or serious physical harm immediately or before the imminence of the danger can be eliminated through the enforcement procedures otherwise provided by this chapter, the commissioner may institute proceedings to prevent, correct or remove the conditions or practice in any court having statutory power to enjoin or restrain in the county in which the condition or practice exists.
(2) Injunctive relief granted under this subsection (a) may require the removal of all individuals from the place of employment except those individuals required to prevent, correct or remove the imminent danger.
(3) In the event that cessation of employment operations is necessary, the injunctive relief may require the cessation to be accomplished in a safe and orderly manner.
(b) For the purpose of Rule 65.03 of the Tennessee Rules of Civil Procedure, the commissioner, when seeking relief under subsection (a), shall be considered to represent the interest of any employee affected by the condition or practice referred to by subsection (a).
(c) Institution of a proceeding for injunctive relief under this section shall not in any way bar the institution or continuation of proceedings for the imposition of monetary penalties under §§ 50-3-402 - 50-3-408.
(d) Any employee or group of employees affected by a condition or practice referred to in subsection (a) may be permitted to intervene in an action brought by the commissioner pursuant to this section; provided, that the intervention is subject to the discretion of the court in which the action is brought.
Acts 1972, ch. 561, § 10; 1974, ch. 585, §§ 14, 15; 1977, ch. 111, §§ 17, 18; T.C.A., §§ 50-528 -- 50-530; Acts 1999, ch. 520, § 41.
Tenn. Code Ann. § 50-6-219 — TN Code / Title 50 / Chapter 6 / Section 50-6-219
Education and training program for workers' compensation mediators, judges, chief judge, ombudsman and judges of the workers' compensation appeals board
Status: in_force

The administrator shall institute and maintain an education and training program for workers' compensation mediators, workers' compensation judges, the chief judge, ombudsmen, and the judges of the workers' compensation appeals board in order to assure that these persons maintain current and appropriate skills and knowledge in performing their duties. Before assuming their duties, all persons selected to serve or appointed as workers' compensation mediators, workers' compensation judges, the chief judge, ombudsmen, or as judge of the workers' compensation appeals board shall be provided formal training and education, which shall include training on the department's workers' compensation system, the Tennessee workers' compensation statutes and case law, and the rules and regulations of the bureau of workers' compensation. In addition, such persons shall attend at least seven (7) hours of training each year that is focused on workers' compensation statutes and case law, and the rules and regulations of the bureau of workers' compensation. Added by 2013 Tenn. Acts, ch. 289,s 83, eff. 7/1/2014.
The administrator shall institute and maintain an education and training program for workers' compensation mediators, workers' compensation judges, the chief judge, ombudsmen, and the judges of the workers' compensation appeals board in order to assure that these persons maintain current and appropriate skills and knowledge in performing their duties. Before assuming their duties, all persons selected to serve or appointed as workers' compensation mediators, workers' compensation judges, the chief judge, ombudsmen, or as judge of the workers' compensation appeals board shall be provided formal training and education, which shall include training on the department's workers' compensation system, the Tennessee workers' compensation statutes and case law, and the rules and regulations of the bureau of workers' compensation. In addition, such persons shall attend at least seven (7) hours of training each year that is focused on workers' compensation statutes and case law, and the rules and regulations of the bureau of workers' compensation.
Added by 2013 Tenn. Acts, ch. 289,s 83, eff. 7/1/2014.
Tenn. Code Ann. § 50-5-212 — TN Code / Title 50 / Chapter 5 / Section 50-5-212
Effect of court approval - Revocation of approval
Status: in_force

Court approval of a valid contract shall serve to bind the minor as if the minor executed the contract personally as an adult; and the minor shall be bound to all provisions including the permanent sale of intellectual property rights; provided, however, that the revocation of approval of the contract by the court shall not include the transfer back to the minor of intellectual property rights unless there has been a showing of fraud or misrepresentation by the employer; and, further, that the court approving the contract shall retain the authority to revoke approval of the contract, or modify its terms if assented to by both parties, if the court finds that the well being of the minor requires the disapproval. Acts 2003, ch. 168, § 1.
Court approval of a valid contract shall serve to bind the minor as if the minor executed the contract personally as an adult; and the minor shall be bound to all provisions including the permanent sale of intellectual property rights; provided, however, that the revocation of approval of the contract by the court shall not include the transfer back to the minor of intellectual property rights unless there has been a showing of fraud or misrepresentation by the employer; and, further, that the court approving the contract shall retain the authority to revoke approval of the contract, or modify its terms if assented to by both parties, if the court finds that the well being of the minor requires the disapproval.
Acts 2003, ch. 168, § 1.
Tenn. Code Ann. § 50-1-209 — TN Code / Title 50 / Chapter 1 / Section 50-1-209
Designation of nonessential workers limited
Status: in_force

(a) This section shall be known as "The Essential Workers Act." (b) Notwithstanding any law to the contrary, a local governmental entity or the executive head of a local government shall not, by executive order, ordinance, or resolution, create categories or classes of nonessential businesses, trades, professions, or industries for the purpose of suspending lawful commerce, encumbering trade, or denying citizens the right to work if such activities are otherwise lawful in this state, unless an explicit order of the local fire marshal or a court of competent jurisdiction declares that the business operating poses a clear and present danger to the citizenry of this state. Added by 2021 Tenn. Acts, ch. 384,s 1, eff. 5/11/2021.
(a) This section shall be known as "The Essential Workers Act."
(b) Notwithstanding any law to the contrary, a local governmental entity or the executive head of a local government shall not, by executive order, ordinance, or resolution, create categories or classes of nonessential businesses, trades, professions, or industries for the purpose of suspending lawful commerce, encumbering trade, or denying citizens the right to work if such activities are otherwise lawful in this state, unless an explicit order of the local fire marshal or a court of competent jurisdiction declares that the business operating poses a clear and present danger to the citizenry of this state.
Added by 2021 Tenn. Acts, ch. 384,s 1, eff. 5/11/2021.
Tenn. Code Ann. § 50-5-104 — TN Code / Title 50 / Chapter 5 / Section 50-5-104
Employment of minors fourteen or fifteen years of age
Status: in_force

(a) A minor who is either fourteen (14) or fifteen (15) years of age may be employed in connection with any gainful occupation that: (1) Does not interfere with the minor's schooling, health or well-being; (2) Is not prohibited by subsection (b); or (3) Is not prohibited by § 50-5-106 . (b) A minor who is either fourteen (14) or fifteen (15) years of age may not be employed: (1) During school hours; (2) Between the hours of seven o'clock p.m. (7:00 p.m.) and seven o'clock a.m. (7:00 a.m.), if the next day is a school day; (3) Between the hours of nine o'clock p.m. (9:00 p.m.) and six o'clock a.m. (6:00 a.m.); (4) More than three (3) hours a day on school days; (5) More than eighteen (18) hours a week during a school week; (6) More than eight (8) hours a day on nonschool days; or (7) More than forty (40) hours a week during nonschool weeks. Acts 1976, ch. 480, § 4; 1978, ch. 541, § 2; T.C.A., § 50-704.
(a) A minor who is either fourteen (14) or fifteen (15) years of age may be employed in connection with any gainful occupation that: (1) Does not interfere with the minor's schooling, health or well-being; (2) Is not prohibited by subsection (b); or (3) Is not prohibited by § 50-5-106 .
(1) Does not interfere with the minor's schooling, health or well-being;
(2) Is not prohibited by subsection (b); or
(3) Is not prohibited by § 50-5-106 .
(b) A minor who is either fourteen (14) or fifteen (15) years of age may not be employed: (1) During school hours; (2) Between the hours of seven o'clock p.m. (7:00 p.m.) and seven o'clock a.m. (7:00 a.m.), if the next day is a school day; (3) Between the hours of nine o'clock p.m. (9:00 p.m.) and six o'clock a.m. (6:00 a.m.); (4) More than three (3) hours a day on school days; (5) More than eighteen (18) hours a week during a school week; (6) More than eight (8) hours a day on nonschool days; or (7) More than forty (40) hours a week during nonschool weeks.
(1) During school hours;
(2) Between the hours of seven o'clock p.m. (7:00 p.m.) and seven o'clock a.m. (7:00 a.m.), if the next day is a school day;
(3) Between the hours of nine o'clock p.m. (9:00 p.m.) and six o'clock a.m. (6:00 a.m.);
(4) More than three (3) hours a day on school days;
(5) More than eighteen (18) hours a week during a school week;
(6) More than eight (8) hours a day on nonschool days; or
(7) More than forty (40) hours a week during nonschool weeks.
Acts 1976, ch. 480, § 4; 1978, ch. 541, § 2; T.C.A., § 50-704.
Tenn. Code Ann. § 50-7-607 — TN Code / Title 50 / Chapter 7 / Section 50-7-607
Employment stabilization
Status: in_force

The commissioner, with the advice and aid of the advisory council, and through the appropriate divisions, shall take all appropriate steps to: (1) Reduce and prevent unemployment; (2) Encourage and assist in the adoption of practical methods of vocational training, retraining and vocational guidance; (3) Investigate, recommend, advise and assist in the establishment and operation, by municipalities, counties, school districts and the state, of reserves for public work to be used in times of business depression and unemployment; (4) Promote the reemployment of unemployed workers throughout the state in every other way that may be feasible; and (5) To these ends, carry on and publish the results of investigations and research studies. Acts 1947, ch. 29, § 11; C. Supp. 1950, § 6901.11 (Williams, § 6901.35); T.C.A. (orig. ed.), § 50-1338.
The commissioner, with the advice and aid of the advisory council, and through the appropriate divisions, shall take all appropriate steps to:
(1) Reduce and prevent unemployment;
(2) Encourage and assist in the adoption of practical methods of vocational training, retraining and vocational guidance;
(3) Investigate, recommend, advise and assist in the establishment and operation, by municipalities, counties, school districts and the state, of reserves for public work to be used in times of business depression and unemployment;
(4) Promote the reemployment of unemployed workers throughout the state in every other way that may be feasible; and
(5) To these ends, carry on and publish the results of investigations and research studies.
Acts 1947, ch. 29, § 11; C. Supp. 1950, § 6901.11 (Williams, § 6901.35); T.C.A. (orig. ed.), § 50-1338.
Tenn. Code Ann. § 50-6-601 — TN Code / Title 50 / Chapter 6 / Section 50-6-601
Short title - Establishment of competitive state workers' compensation insurance fund
Status: in_force

(a) This part shall be known and may be cited as the "Workers' Compensation Insurance Fund Act of 1992." (b) (1) There shall be established a competitive state workers' compensation insurance fund to insure employers under this chapter. (2) This fund shall operate as a nonprofit insurance company and is subject to all requirements of law and regulation as any other insurer offering workers' compensation insurance in Tennessee pursuant to title 56 and this chapter. (3) This fund shall act in addition to, and not as a substitute for, an assigned risk pool. (4) The fund shall be required to maintain an adequate rate and any assessment for accumulated liabilities shall be made only against those insured within the state workers' compensation insurance fund. No assessments shall be made against or for the Tennessee Guaranty Association, as described in title 56, chapter 12, and no assessment shall be made against a private insurer or any entity authorized under § 50-6-405(c) , not participating in the state workers' compensation insurance fund. The policies written by the fund shall be assessable against the policyholders. Acts 1992, ch. 900, § 26; 1994, ch. 979, § 2.
(a) This part shall be known and may be cited as the "Workers' Compensation Insurance Fund Act of 1992."
(b) (1) There shall be established a competitive state workers' compensation insurance fund to insure employers under this chapter. (2) This fund shall operate as a nonprofit insurance company and is subject to all requirements of law and regulation as any other insurer offering workers' compensation insurance in Tennessee pursuant to title 56 and this chapter. (3) This fund shall act in addition to, and not as a substitute for, an assigned risk pool. (4) The fund shall be required to maintain an adequate rate and any assessment for accumulated liabilities shall be made only against those insured within the state workers' compensation insurance fund. No assessments shall be made against or for the Tennessee Guaranty Association, as described in title 56, chapter 12, and no assessment shall be made against a private insurer or any entity authorized under § 50-6-405(c) , not participating in the state workers' compensation insurance fund. The policies written by the fund shall be assessable against the policyholders.
(1) There shall be established a competitive state workers' compensation insurance fund to insure employers under this chapter.
(2) This fund shall operate as a nonprofit insurance company and is subject to all requirements of law and regulation as any other insurer offering workers' compensation insurance in Tennessee pursuant to title 56 and this chapter.
(3) This fund shall act in addition to, and not as a substitute for, an assigned risk pool.
(4) The fund shall be required to maintain an adequate rate and any assessment for accumulated liabilities shall be made only against those insured within the state workers' compensation insurance fund. No assessments shall be made against or for the Tennessee Guaranty Association, as described in title 56, chapter 12, and no assessment shall be made against a private insurer or any entity authorized under § 50-6-405(c) , not participating in the state workers' compensation insurance fund. The policies written by the fund shall be assessable against the policyholders.
Acts 1992, ch. 900, § 26; 1994, ch. 979, § 2.
Tenn. Code Ann. § 50-1-801 — TN Code / Title 50 / Chapter 1 / Section 50-1-801
Burden of proof in case of retaliatory discharge
Status: in_force

In any civil cause of action alleging wrongful discharge in violation of Tennessee public policy, including, but not limited to a discharge in retaliation for the exercise of rights under the Tennessee workers' compensation law, the plaintiff shall have the burden of establishing a prima facie case of retaliatory discharge. If the plaintiff satisfies this burden, the burden shall then be on the defendant to produce evidence that one (1) or more legitimate, nondiscriminatory reasons existed for the plaintiff's discharge. The burden on the defendant is one of production and not persuasion. If the defendant produces such evidence, the presumption of discrimination raised by the plaintiff's prima facie case is rebutted, and the burden shifts to the plaintiff to demonstrate that the reason given by the defendant was not the true reason for the plaintiff's discharge and that the stated reason was a pretext for unlawful retaliation. The foregoing allocations of burdens of proof shall apply at all stages of the proceedings, including motions for summary judgment. The plaintiff at all times retains the burden of persuading the trier of fact that the plaintiff has been the victim of unlawful retaliation or wrongful discharge. Acts 2011, ch. 461, § 3.
In any civil cause of action alleging wrongful discharge in violation of Tennessee public policy, including, but not limited to a discharge in retaliation for the exercise of rights under the Tennessee workers' compensation law, the plaintiff shall have the burden of establishing a prima facie case of retaliatory discharge. If the plaintiff satisfies this burden, the burden shall then be on the defendant to produce evidence that one (1) or more legitimate, nondiscriminatory reasons existed for the plaintiff's discharge. The burden on the defendant is one of production and not persuasion. If the defendant produces such evidence, the presumption of discrimination raised by the plaintiff's prima facie case is rebutted, and the burden shifts to the plaintiff to demonstrate that the reason given by the defendant was not the true reason for the plaintiff's discharge and that the stated reason was a pretext for unlawful retaliation. The foregoing allocations of burdens of proof shall apply at all stages of the proceedings, including motions for summary judgment. The plaintiff at all times retains the burden of persuading the trier of fact that the plaintiff has been the victim of unlawful retaliation or wrongful discharge.
Acts 2011, ch. 461, § 3.
Tenn. Code Ann. § 50-1-706 — TN Code / Title 50 / Chapter 1 / Section 50-1-706
Protection against retaliation
Status: in_force

Any individual alleging a violation of this part shall have all protections under §§ 8-50-116 and 50-1-304 , and any other applicable protections as provided by law. Acts 2011, ch. 436, § 5.
Any individual alleging a violation of this part shall have all protections under §§ 8-50-116 and 50-1-304 , and any other applicable protections as provided by law.
Acts 2011, ch. 436, § 5.
Tenn. Code Ann. § 50-6-1002 — TN Code / Title 50 / Chapter 6 / Section 50-6-1002
Purpose
Status: in_force

The purpose of this part is to provide a mechanism for the payment of self-insured workers' compensation claims to avoid excessive delay in payment and to avoid financial loss to claimants because of the insolvency of a self-insured employer, and to provide an association to assess the cost of the protection among self-insured employers doing business in this state. Added by 2024 Tenn. Acts, ch. 666,s 1, eff. 4/9/2024.
The purpose of this part is to provide a mechanism for the payment of self-insured workers' compensation claims to avoid excessive delay in payment and to avoid financial loss to claimants because of the insolvency of a self-insured employer, and to provide an association to assess the cost of the protection among self-insured employers doing business in this state.
Added by 2024 Tenn. Acts, ch. 666,s 1, eff. 4/9/2024.
Tenn. Code Ann. § 50-11-102 — TN Code / Title 50 / Chapter 11 / Section 50-11-102
Chapter definitions
Status: in_force

As used in this chapter: (1) "Apprentice" means a worker who: (A) Is at least sixteen (16) years of age; and (B) Is employed to learn an apprenticeable occupation as defined in 29 CFR 29.4 ; (2) "Apprenticeship": (A) Means a program for the recruitment, selection, employment, and training of apprentices that is developed pursuant 29 CFR Parts 29 and 30, and the rules of the office of apprenticeship; and (B) [Deleted by 2022 amendment.] (3) "Apprenticeship agreement" means a written agreement between an apprentice and a sponsor that contains the terms and conditions of the apprentice's employment and training consistent with 29 CFR 29.7 and this chapter; (4) "Apprenticeship council" means the Tennessee apprenticeship council established pursuant to § 50-11-105 ; (5) "Apprenticeship intermediary" means an entity that provides required technical instruction to an apprentice; (6) "Cancellation" means the termination of the registration of a pre-apprenticeship or apprenticeship at the request of the sponsor; (7) "Commissioner" means the commissioner of labor and workforce development; (8) "Deregistration" means termination of the registration of a pre-apprenticeship or apprenticeship by the office of apprenticeship; (9) "Employer" means a person employing an apprentice; (10) "Office of apprenticeship" means the Tennessee office of apprenticeship established pursuant to § 50-11-103 ; (11) "On-the-job training" means training provided by an employer that: (A) Is provided to a paid apprentice who is engaged in productive work in an occupation, and the work provides knowledge or skills essential to the full and adequate performance of the occupation; (B) Is made available through an apprenticeship that provides reimbursement to the employer of up to fifty percent (50%) of the apprentice's wage rate for the purpose of covering the employer's costs of providing the training and additional supervision related to the training, except as provided in 29 U.S.C. § 3174(c)(3)(H) ; and (C) Is limited in duration as appropriate to the occupation for which the apprentice is being trained, based on the content of the training, the apprentice's prior work experience, and the apprentice's service strategy, as appropriate; (12) "Pre-apprenticeship" means a program or set of services, in partnership with a registered apprenticeship program, designed to prepare individuals to enter and succeed in a registered apprenticeship program; (13) "Required technical instruction" means an organized and systematic form of instruction, other than on-the-job training, that: (A) Is designed to provide an apprentice with knowledge of the subjects related to the apprentice's occupation; and (B) Is given in a classroom, through occupational or industrial courses, through correspondence courses, or through other forms of self-study; (14) "Sponsor" means a person operating a pre-apprenticeship or apprenticeship; and (15) "State registration agency" means the Tennessee agency responsible for registering pre-apprenticeships, apprenticeships, and apprentices, and for reviewing pre-apprenticeships and apprenticeships for compliance with state law and the state plan for equal employment opportunities. (16) [Deleted by 2022 amendment.] Amended by 2022 Tenn. Acts, ch. 688, Secs.s 1, s 2eff. 3/28/2022. Added by 2021 Tenn. Acts, ch. 397, s 1, eff. 5/11/2021.
As used in this chapter:
(1) "Apprentice" means a worker who: (A) Is at least sixteen (16) years of age; and (B) Is employed to learn an apprenticeable occupation as defined in 29 CFR 29.4 ;
(A) Is at least sixteen (16) years of age; and
(B) Is employed to learn an apprenticeable occupation as defined in 29 CFR 29.4 ;
(2) "Apprenticeship": (A) Means a program for the recruitment, selection, employment, and training of apprentices that is developed pursuant 29 CFR Parts 29 and 30, and the rules of the office of apprenticeship; and (B) [Deleted by 2022 amendment.]
(A) Means a program for the recruitment, selection, employment, and training of apprentices that is developed pursuant 29 CFR Parts 29 and 30, and the rules of the office of apprenticeship; and
(B) [Deleted by 2022 amendment.]
(3) "Apprenticeship agreement" means a written agreement between an apprentice and a sponsor that contains the terms and conditions of the apprentice's employment and training consistent with 29 CFR 29.7 and this chapter;
(4) "Apprenticeship council" means the Tennessee apprenticeship council established pursuant to § 50-11-105 ;
(5) "Apprenticeship intermediary" means an entity that provides required technical instruction to an apprentice;
(6) "Cancellation" means the termination of the registration of a pre-apprenticeship or apprenticeship at the request of the sponsor;
(7) "Commissioner" means the commissioner of labor and workforce development;
(8) "Deregistration" means termination of the registration of a pre-apprenticeship or apprenticeship by the office of apprenticeship;
(9) "Employer" means a person employing an apprentice;
(10) "Office of apprenticeship" means the Tennessee office of apprenticeship established pursuant to § 50-11-103 ;
(11) "On-the-job training" means training provided by an employer that: (A) Is provided to a paid apprentice who is engaged in productive work in an occupation, and the work provides knowledge or skills essential to the full and adequate performance of the occupation; (B) Is made available through an apprenticeship that provides reimbursement to the employer of up to fifty percent (50%) of the apprentice's wage rate for the purpose of covering the employer's costs of providing the training and additional supervision related to the training, except as provided in 29 U.S.C. § 3174(c)(3)(H) ; and (C) Is limited in duration as appropriate to the occupation for which the apprentice is being trained, based on the content of the training, the apprentice's prior work experience, and the apprentice's service strategy, as appropriate;
(A) Is provided to a paid apprentice who is engaged in productive work in an occupation, and the work provides knowledge or skills essential to the full and adequate performance of the occupation;
(B) Is made available through an apprenticeship that provides reimbursement to the employer of up to fifty percent (50%) of the apprentice's wage rate for the purpose of covering the employer's costs of providing the training and additional supervision related to the training, except as provided in 29 U.S.C. § 3174(c)(3)(H) ; and
(C) Is limited in duration as appropriate to the occupation for which the apprentice is being trained, based on the content of the training, the apprentice's prior work experience, and the apprentice's service strategy, as appropriate;
(12) "Pre-apprenticeship" means a program or set of services, in partnership with a registered apprenticeship program, designed to prepare individuals to enter and succeed in a registered apprenticeship program;
(13) "Required technical instruction" means an organized and systematic form of instruction, other than on-the-job training, that: (A) Is designed to provide an apprentice with knowledge of the subjects related to the apprentice's occupation; and (B) Is given in a classroom, through occupational or industrial courses, through correspondence courses, or through other forms of self-study;
(A) Is designed to provide an apprentice with knowledge of the subjects related to the apprentice's occupation; and
(B) Is given in a classroom, through occupational or industrial courses, through correspondence courses, or through other forms of self-study;
(14) "Sponsor" means a person operating a pre-apprenticeship or apprenticeship; and
(15) "State registration agency" means the Tennessee agency responsible for registering pre-apprenticeships, apprenticeships, and apprentices, and for reviewing pre-apprenticeships and apprenticeships for compliance with state law and the state plan for equal employment opportunities.
(16) [Deleted by 2022 amendment.]
Amended by 2022 Tenn. Acts, ch. 688, Secs.s 1, s 2eff. 3/28/2022.
Added by 2021 Tenn. Acts, ch. 397, s 1, eff. 5/11/2021.
Tenn. Code Ann. § 50-9-108 — TN Code / Title 50 / Chapter 9 / Section 50-9-108
Drug or alcohol use not a disability - Drug or alcohol use "cause" for firing or failure to hire - Miscellaneous provisions
Status: in_force

(a) An employee or job applicant whose drug or alcohol test result is confirmed as positive in accordance with this section shall not, by virtue of the result alone, be deemed to have a disability as defined under federal, state or local disability discrimination laws. (b) A covered employer who discharges or disciplines an employee or refuses to hire a job applicant in compliance with this section is considered to have discharged, disciplined or refused to hire for cause. (c) No physician-patient relationship is created between an employee or job applicant and a covered employer or any person performing or evaluating a drug or alcohol test, solely by the establishment, implementation or administration of a drug or alcohol testing program. This section in no way relieves the person performing the test from responsibility for acts of negligence in performing the tests. (d) Nothing in this section shall be construed to prevent a covered employer from establishing reasonable work rules related to employee possession, use, sale or solicitation of drugs or alcohol, including convictions for offenses relating to drugs or alcohol, and taking action based upon a violation of any of those rules. (e) This section does not operate retroactively, and does not abrogate the right of an employer under state law to lawfully conduct drug or alcohol tests, or implement lawful employee drug-testing programs. This chapter shall not prohibit an employer from conducting any drug or alcohol testing of employees that is otherwise permitted by law. (f) If an employee or job applicant refuses to submit to a drug or alcohol test, the covered employer is not barred from discharging or disciplining the employee or from refusing to hire the job applicant; however, this subsection (f) does not abrogate the rights and remedies of the employee or job applicant as otherwise provided in this section. (g) This section does not prohibit an employer from conducting medical screening or other tests required, permitted or not disallowed by any statute, rule or regulation for the purpose of monitoring exposure of employees to toxic or other unhealthy substances in the workplace or in the performance of job responsibilities. The screening or testing is limited to the specific substances expressly identified in the applicable statute, rule or regulation, unless prior written consent of the employee is obtained for other tests. The screening or testing need not be in compliance with the rules adopted by the department of labor and workforce development and department of health. If applicable, the drug or alcohol testing must be specified in a collective bargaining agreement as negotiated by the appropriate certified bargaining agent before the testing is implemented. (h) No cause of action shall arise in favor of any person based upon the failure of an employer to establish a program or policy for drug or alcohol testing. Acts 1996, ch. 944, §50; 1997 , ch. 533, § 44; 1999, ch. 520, §41; 2011 , ch. 47, § 53.
(a) An employee or job applicant whose drug or alcohol test result is confirmed as positive in accordance with this section shall not, by virtue of the result alone, be deemed to have a disability as defined under federal, state or local disability discrimination laws.
(b) A covered employer who discharges or disciplines an employee or refuses to hire a job applicant in compliance with this section is considered to have discharged, disciplined or refused to hire for cause.
(c) No physician-patient relationship is created between an employee or job applicant and a covered employer or any person performing or evaluating a drug or alcohol test, solely by the establishment, implementation or administration of a drug or alcohol testing program. This section in no way relieves the person performing the test from responsibility for acts of negligence in performing the tests.
(d) Nothing in this section shall be construed to prevent a covered employer from establishing reasonable work rules related to employee possession, use, sale or solicitation of drugs or alcohol, including convictions for offenses relating to drugs or alcohol, and taking action based upon a violation of any of those rules.
(e) This section does not operate retroactively, and does not abrogate the right of an employer under state law to lawfully conduct drug or alcohol tests, or implement lawful employee drug-testing programs. This chapter shall not prohibit an employer from conducting any drug or alcohol testing of employees that is otherwise permitted by law.
(f) If an employee or job applicant refuses to submit to a drug or alcohol test, the covered employer is not barred from discharging or disciplining the employee or from refusing to hire the job applicant; however, this subsection (f) does not abrogate the rights and remedies of the employee or job applicant as otherwise provided in this section.
(g) This section does not prohibit an employer from conducting medical screening or other tests required, permitted or not disallowed by any statute, rule or regulation for the purpose of monitoring exposure of employees to toxic or other unhealthy substances in the workplace or in the performance of job responsibilities. The screening or testing is limited to the specific substances expressly identified in the applicable statute, rule or regulation, unless prior written consent of the employee is obtained for other tests. The screening or testing need not be in compliance with the rules adopted by the department of labor and workforce development and department of health. If applicable, the drug or alcohol testing must be specified in a collective bargaining agreement as negotiated by the appropriate certified bargaining agent before the testing is implemented.
(h) No cause of action shall arise in favor of any person based upon the failure of an employer to establish a program or policy for drug or alcohol testing.
Acts 1996, ch. 944, §50; 1997 , ch. 533, § 44; 1999, ch. 520, §41; 2011 , ch. 47, § 53.
Tenn. Code Ann. § 50-6-605 — TN Code / Title 50 / Chapter 6 / Section 50-6-605
Management of fund
Status: in_force

The management and control of the fund is vested solely in the board. Acts 1992, ch. 900, § 26.
The management and control of the fund is vested solely in the board.
Acts 1992, ch. 900, § 26.