Tenn. Code Ann. § 50-6-1006 — TN Code / Title 50 / Chapter 6 / Section 50-6-1006
Powers and duties of the association
Status: in_force

(a) The association shall: (1) Adopt procedures to prevent dissemination of confidential information; (2) Maintain cash, readily marketable securities, or other assets, or a line of credit, approved by the commissioner, sufficient to immediately continue the payment of the compensation obligations of an insolvent self-insurer pending assessment of the member self-insurers; (3) Provide for a risk-based security program in its plan of operation; (4) Hold individual collateral for member self-insurers who do not participate in full in the risk-based security program; (5) Pay the legitimate claims of insolvent self-insurers; (6) (A) Seek tax exempt status from the internal revenue service under section 501(c) of the Internal Revenue Code ( 26 U.S.C. § 501(c) ); and (B) Not conduct any activities inconsistent with such status; (7) Establish procedures for the indemnification and defense of any directors and officers as against any claims made against a director or officer in the performance of the director's or officer's duties; and (8) Seek recoveries from insolvent self-insurers and third parties as appropriate. (b) The association may: (1) Appear in, defend, and appeal any action on a claim brought against the association; (2) Employ or retain such persons as are necessary to handle claims and perform other duties of the association; (3) Borrow funds necessary to affect the purposes of this part in accordance with the plan of operation. In the event of a member default resulting in liabilities payable by the association in excess of its capacity to pay from assessments, the association, in its sole discretion, may by resolution request the Tennessee local development authority to issue bonds or notes pursuant to title 4, chapter 31, part 8, in such amounts as the association may determine necessary to provide funds for the payment of said liabilities. However, the amount of the bond issuance may be limited by §§ 4-31-804 and 4-31-805 with the Tennessee local development authority having the final authority to determine the total amount of the bond issuance including issuance costs. When the association and the Tennessee local development authority agree that bonds or notes will be issued, the association may annually assess member self-insurers for an amount necessary to secure and provide for the repayment of the indebtedness, including the principal, redemption premium, if any, and interest on, and related costs of issuance of such indebtedness, including bond investors insurance. Necessary assessments collected pursuant to this authority must be collected under the same procedures provided in this section. Assessments collected under this section may be assigned and pledged to or on behalf of the Tennessee local development authority for the benefit of the holders of such indebtedness, in order to provide for the payment of the principal of, redemption premium, if any, and interest on such indebtedness, the costs of issuance, and the funding of any reserves and any other payments under the documents under which the indebtedness was incurred. In addition to the assessments provided for in this section, the association in its sole discretion may utilize assessments made under this section to service such indebtedness, if necessary. The association is not obligated to pay liabilities solely from the proceeds of bonds or notes issued under § 4-31-804 ; provided, that if the association causes assessments to be made under this section for such liabilities, and assigns and pledges such assessments to or on behalf of the Tennessee local development authority as issuer of such indebtedness for the benefit of the holders of bonds or notes, the association may administer such liabilities; (4) Sue or be sued, including the power and right to intervene as a party before any court that has jurisdiction over an insolvent self-insurer; (5) Negotiate and become a party to contracts as are necessary to carry out the purpose of this part; (6) Carry out the association's responsibilities directly or by contract, purchase services and insurance, and borrow funds as the association deems necessary for the protection of the members of the association and the members' employees; (7) Receive confidential information concerning the financial condition of self-insured employers whose liabilities to pay compensation may devolve upon the association; and (8) Perform other acts as are necessary to effectuate this part. (c) With respect to any suit involving the association: (1) Any action relating to or arising out of this part against the association must be brought in a court in this state. The court in which such action is brought has exclusive jurisdiction over any action relating to or arising out of this part against the association; and (2) Exclusive venue in any action brought against the association is in the circuit or chancery court in Davidson County; provided, that the association may waive such venue as to a specific action. Added by 2024 Tenn. Acts, ch. 666,s 1, eff. 4/9/2024.
(a) The association shall: (1) Adopt procedures to prevent dissemination of confidential information; (2) Maintain cash, readily marketable securities, or other assets, or a line of credit, approved by the commissioner, sufficient to immediately continue the payment of the compensation obligations of an insolvent self-insurer pending assessment of the member self-insurers; (3) Provide for a risk-based security program in its plan of operation; (4) Hold individual collateral for member self-insurers who do not participate in full in the risk-based security program; (5) Pay the legitimate claims of insolvent self-insurers; (6) (A) Seek tax exempt status from the internal revenue service under section 501(c) of the Internal Revenue Code ( 26 U.S.C. § 501(c) ); and (B) Not conduct any activities inconsistent with such status; (7) Establish procedures for the indemnification and defense of any directors and officers as against any claims made against a director or officer in the performance of the director's or officer's duties; and (8) Seek recoveries from insolvent self-insurers and third parties as appropriate.
(1) Adopt procedures to prevent dissemination of confidential information;
(2) Maintain cash, readily marketable securities, or other assets, or a line of credit, approved by the commissioner, sufficient to immediately continue the payment of the compensation obligations of an insolvent self-insurer pending assessment of the member self-insurers;
(3) Provide for a risk-based security program in its plan of operation;
(4) Hold individual collateral for member self-insurers who do not participate in full in the risk-based security program;
(5) Pay the legitimate claims of insolvent self-insurers;
(6) (A) Seek tax exempt status from the internal revenue service under section 501(c) of the Internal Revenue Code ( 26 U.S.C. § 501(c) ); and (B) Not conduct any activities inconsistent with such status;
(A) Seek tax exempt status from the internal revenue service under section 501(c) of the Internal Revenue Code ( 26 U.S.C. § 501(c) ); and
(B) Not conduct any activities inconsistent with such status;
(7) Establish procedures for the indemnification and defense of any directors and officers as against any claims made against a director or officer in the performance of the director's or officer's duties; and
(8) Seek recoveries from insolvent self-insurers and third parties as appropriate.
(b) The association may: (1) Appear in, defend, and appeal any action on a claim brought against the association; (2) Employ or retain such persons as are necessary to handle claims and perform other duties of the association; (3) Borrow funds necessary to affect the purposes of this part in accordance with the plan of operation. In the event of a member default resulting in liabilities payable by the association in excess of its capacity to pay from assessments, the association, in its sole discretion, may by resolution request the Tennessee local development authority to issue bonds or notes pursuant to title 4, chapter 31, part 8, in such amounts as the association may determine necessary to provide funds for the payment of said liabilities. However, the amount of the bond issuance may be limited by §§ 4-31-804 and 4-31-805 with the Tennessee local development authority having the final authority to determine the total amount of the bond issuance including issuance costs. When the association and the Tennessee local development authority agree that bonds or notes will be issued, the association may annually assess member self-insurers for an amount necessary to secure and provide for the repayment of the indebtedness, including the principal, redemption premium, if any, and interest on, and related costs of issuance of such indebtedness, including bond investors insurance. Necessary assessments collected pursuant to this authority must be collected under the same procedures provided in this section. Assessments collected under this section may be assigned and pledged to or on behalf of the Tennessee local development authority for the benefit of the holders of such indebtedness, in order to provide for the payment of the principal of, redemption premium, if any, and interest on such indebtedness, the costs of issuance, and the funding of any reserves and any other payments under the documents under which the indebtedness was incurred. In addition to the assessments provided for in this section, the association in its sole discretion may utilize assessments made under this section to service such indebtedness, if necessary. The association is not obligated to pay liabilities solely from the proceeds of bonds or notes issued under § 4-31-804 ; provided, that if the association causes assessments to be made under this section for such liabilities, and assigns and pledges such assessments to or on behalf of the Tennessee local development authority as issuer of such indebtedness for the benefit of the holders of bonds or notes, the association may administer such liabilities; (4) Sue or be sued, including the power and right to intervene as a party before any court that has jurisdiction over an insolvent self-insurer; (5) Negotiate and become a party to contracts as are necessary to carry out the purpose of this part; (6) Carry out the association's responsibilities directly or by contract, purchase services and insurance, and borrow funds as the association deems necessary for the protection of the members of the association and the members' employees; (7) Receive confidential information concerning the financial condition of self-insured employers whose liabilities to pay compensation may devolve upon the association; and (8) Perform other acts as are necessary to effectuate this part.
(1) Appear in, defend, and appeal any action on a claim brought against the association;
(2) Employ or retain such persons as are necessary to handle claims and perform other duties of the association;
(3) Borrow funds necessary to affect the purposes of this part in accordance with the plan of operation. In the event of a member default resulting in liabilities payable by the association in excess of its capacity to pay from assessments, the association, in its sole discretion, may by resolution request the Tennessee local development authority to issue bonds or notes pursuant to title 4, chapter 31, part 8, in such amounts as the association may determine necessary to provide funds for the payment of said liabilities. However, the amount of the bond issuance may be limited by §§ 4-31-804 and 4-31-805 with the Tennessee local development authority having the final authority to determine the total amount of the bond issuance including issuance costs. When the association and the Tennessee local development authority agree that bonds or notes will be issued, the association may annually assess member self-insurers for an amount necessary to secure and provide for the repayment of the indebtedness, including the principal, redemption premium, if any, and interest on, and related costs of issuance of such indebtedness, including bond investors insurance. Necessary assessments collected pursuant to this authority must be collected under the same procedures provided in this section. Assessments collected under this section may be assigned and pledged to or on behalf of the Tennessee local development authority for the benefit of the holders of such indebtedness, in order to provide for the payment of the principal of, redemption premium, if any, and interest on such indebtedness, the costs of issuance, and the funding of any reserves and any other payments under the documents under which the indebtedness was incurred. In addition to the assessments provided for in this section, the association in its sole discretion may utilize assessments made under this section to service such indebtedness, if necessary. The association is not obligated to pay liabilities solely from the proceeds of bonds or notes issued under § 4-31-804 ; provided, that if the association causes assessments to be made under this section for such liabilities, and assigns and pledges such assessments to or on behalf of the Tennessee local development authority as issuer of such indebtedness for the benefit of the holders of bonds or notes, the association may administer such liabilities;
(4) Sue or be sued, including the power and right to intervene as a party before any court that has jurisdiction over an insolvent self-insurer;
(5) Negotiate and become a party to contracts as are necessary to carry out the purpose of this part;
(6) Carry out the association's responsibilities directly or by contract, purchase services and insurance, and borrow funds as the association deems necessary for the protection of the members of the association and the members' employees;
(7) Receive confidential information concerning the financial condition of self-insured employers whose liabilities to pay compensation may devolve upon the association; and
(8) Perform other acts as are necessary to effectuate this part.
(c) With respect to any suit involving the association: (1) Any action relating to or arising out of this part against the association must be brought in a court in this state. The court in which such action is brought has exclusive jurisdiction over any action relating to or arising out of this part against the association; and (2) Exclusive venue in any action brought against the association is in the circuit or chancery court in Davidson County; provided, that the association may waive such venue as to a specific action.
(1) Any action relating to or arising out of this part against the association must be brought in a court in this state. The court in which such action is brought has exclusive jurisdiction over any action relating to or arising out of this part against the association; and
(2) Exclusive venue in any action brought against the association is in the circuit or chancery court in Davidson County; provided, that the association may waive such venue as to a specific action.
Added by 2024 Tenn. Acts, ch. 666,s 1, eff. 4/9/2024.
Tenn. Code Ann. § 50-7-712 — TN Code / Title 50 / Chapter 7 / Section 50-7-712
Violations - Class E felony
Status: in_force

(a) Any person who willfully violates this chapter or any order, rule or regulation under this chapter, the violation of which is made unlawful, or the observance of which is required under the terms of this chapter, and for which a penalty is neither prescribed elsewhere in this chapter nor provided by any other applicable statute, commits a Class E felony. (b) Each day the violation continues constitutes a separate offense. Acts 1947, ch. 29, § 16; C. Supp. 1950, § 6901.16 (Williams, § 6901.40); Acts 1978, ch. 762, § 2; T.C.A. (orig. ed.), § 50-1353; Acts 1989, ch. 591, § 49.
(a) Any person who willfully violates this chapter or any order, rule or regulation under this chapter, the violation of which is made unlawful, or the observance of which is required under the terms of this chapter, and for which a penalty is neither prescribed elsewhere in this chapter nor provided by any other applicable statute, commits a Class E felony.
(b) Each day the violation continues constitutes a separate offense.
Acts 1947, ch. 29, § 16; C. Supp. 1950, § 6901.16 (Williams, § 6901.40); Acts 1978, ch. 762, § 2; T.C.A. (orig. ed.), § 50-1353; Acts 1989, ch. 591, § 49.
Tenn. Code Ann. § 50-2-112 — TN Code / Title 50 / Chapter 2 / Section 50-2-112
Restrictions on local government authority regarding requiring private employers to pay wages in excess of federal and state minimum hourly wage laws
Status: in_force

(a) (1) (A) Unless required by state or federal law, all additional wage or employment benefit mandates imposed on private employers by a local government are hereby preempted. (B) Notwithstanding a charter, ordinance, or resolution to the contrary, a local government shall not require, as a condition to doing business within the jurisdictional boundaries of the local government or contracting with the local government, a private employer to pay its employees an hourly wage in excess of the minimum hourly wage required to be paid by such employer under applicable federal or state law, nor does a local government have the authority to impose a wage or employment benefit mandate on a private employer. (C) A local government entity shall not, through its purchasing or contracting procedures, seek to control or affect the wages or employment benefits provided by its vendors, contractors, service providers, or other parties doing business with the local government. A local government shall not, through the use of evaluation factors, qualifications of bidders, or otherwise award preferences on the basis of wages or employment benefits provided by its vendors, contractors, service providers, or other parties doing business with the local government. (D) A local government may offer its own employees wage and employment benefits. (2) With respect to construction contracts, a local government has no authority to require a prevailing wage be paid in excess of the wages established by the prevailing wage commission for state highway construction projects in accordance with title 12, chapter 4, part 4 or the Tennessee occupational wages prepared annually by the department of labor and workforce development, employment security division, labor market information for state building projects. (b) As used in this section: (1) "Employment benefits" means anything of value that an employee may receive from an employer in addition to wages and salary, including, but not limited to, health benefits; disability benefits; death benefits; group accidental death and dismemberment benefits; paid days off for holidays, sick leave, vacation, and personal necessity; additional pay based on schedule changes; retirement benefits; and profit-sharing benefits; (2) "Local government" means a county, incorporated city or town, metropolitan government, or an agency or unit thereof, or other political subdivision of this state; and (3) "Wage or employment benefit mandate" means a requirement adopted by a local government which requires a private employer to pay any or all of its employees a wage rate or provide employment benefits not otherwise required under state or federal law. (c) If compliance with this section by a local government relative to a specific contract, project, or program would result in the denial of federal funds that would otherwise be available to the local government, then the local government may require a private employer to pay its employees a wage necessary to meet the federal requirements to obtain the federal funds, but only relative to such contract, project, or program. Amended by 2023 Tenn. Acts, ch. 309, s 4, eff. 4/28/2023. Amended by 2023 Tenn. Acts, ch. 309, s 3, eff. 4/28/2023. Added by 2013 Tenn. Acts, ch. 91, s 1, eff. 4/11/2013.
(a) (1) (A) Unless required by state or federal law, all additional wage or employment benefit mandates imposed on private employers by a local government are hereby preempted. (B) Notwithstanding a charter, ordinance, or resolution to the contrary, a local government shall not require, as a condition to doing business within the jurisdictional boundaries of the local government or contracting with the local government, a private employer to pay its employees an hourly wage in excess of the minimum hourly wage required to be paid by such employer under applicable federal or state law, nor does a local government have the authority to impose a wage or employment benefit mandate on a private employer. (C) A local government entity shall not, through its purchasing or contracting procedures, seek to control or affect the wages or employment benefits provided by its vendors, contractors, service providers, or other parties doing business with the local government. A local government shall not, through the use of evaluation factors, qualifications of bidders, or otherwise award preferences on the basis of wages or employment benefits provided by its vendors, contractors, service providers, or other parties doing business with the local government. (D) A local government may offer its own employees wage and employment benefits. (2) With respect to construction contracts, a local government has no authority to require a prevailing wage be paid in excess of the wages established by the prevailing wage commission for state highway construction projects in accordance with title 12, chapter 4, part 4 or the Tennessee occupational wages prepared annually by the department of labor and workforce development, employment security division, labor market information for state building projects.
(1) (A) Unless required by state or federal law, all additional wage or employment benefit mandates imposed on private employers by a local government are hereby preempted. (B) Notwithstanding a charter, ordinance, or resolution to the contrary, a local government shall not require, as a condition to doing business within the jurisdictional boundaries of the local government or contracting with the local government, a private employer to pay its employees an hourly wage in excess of the minimum hourly wage required to be paid by such employer under applicable federal or state law, nor does a local government have the authority to impose a wage or employment benefit mandate on a private employer. (C) A local government entity shall not, through its purchasing or contracting procedures, seek to control or affect the wages or employment benefits provided by its vendors, contractors, service providers, or other parties doing business with the local government. A local government shall not, through the use of evaluation factors, qualifications of bidders, or otherwise award preferences on the basis of wages or employment benefits provided by its vendors, contractors, service providers, or other parties doing business with the local government. (D) A local government may offer its own employees wage and employment benefits.
(A) Unless required by state or federal law, all additional wage or employment benefit mandates imposed on private employers by a local government are hereby preempted.
(B) Notwithstanding a charter, ordinance, or resolution to the contrary, a local government shall not require, as a condition to doing business within the jurisdictional boundaries of the local government or contracting with the local government, a private employer to pay its employees an hourly wage in excess of the minimum hourly wage required to be paid by such employer under applicable federal or state law, nor does a local government have the authority to impose a wage or employment benefit mandate on a private employer.
(C) A local government entity shall not, through its purchasing or contracting procedures, seek to control or affect the wages or employment benefits provided by its vendors, contractors, service providers, or other parties doing business with the local government. A local government shall not, through the use of evaluation factors, qualifications of bidders, or otherwise award preferences on the basis of wages or employment benefits provided by its vendors, contractors, service providers, or other parties doing business with the local government.
(D) A local government may offer its own employees wage and employment benefits.
(2) With respect to construction contracts, a local government has no authority to require a prevailing wage be paid in excess of the wages established by the prevailing wage commission for state highway construction projects in accordance with title 12, chapter 4, part 4 or the Tennessee occupational wages prepared annually by the department of labor and workforce development, employment security division, labor market information for state building projects.
(b) As used in this section: (1) "Employment benefits" means anything of value that an employee may receive from an employer in addition to wages and salary, including, but not limited to, health benefits; disability benefits; death benefits; group accidental death and dismemberment benefits; paid days off for holidays, sick leave, vacation, and personal necessity; additional pay based on schedule changes; retirement benefits; and profit-sharing benefits; (2) "Local government" means a county, incorporated city or town, metropolitan government, or an agency or unit thereof, or other political subdivision of this state; and (3) "Wage or employment benefit mandate" means a requirement adopted by a local government which requires a private employer to pay any or all of its employees a wage rate or provide employment benefits not otherwise required under state or federal law.
(1) "Employment benefits" means anything of value that an employee may receive from an employer in addition to wages and salary, including, but not limited to, health benefits; disability benefits; death benefits; group accidental death and dismemberment benefits; paid days off for holidays, sick leave, vacation, and personal necessity; additional pay based on schedule changes; retirement benefits; and profit-sharing benefits;
(2) "Local government" means a county, incorporated city or town, metropolitan government, or an agency or unit thereof, or other political subdivision of this state; and
(3) "Wage or employment benefit mandate" means a requirement adopted by a local government which requires a private employer to pay any or all of its employees a wage rate or provide employment benefits not otherwise required under state or federal law.
(c) If compliance with this section by a local government relative to a specific contract, project, or program would result in the denial of federal funds that would otherwise be available to the local government, then the local government may require a private employer to pay its employees a wage necessary to meet the federal requirements to obtain the federal funds, but only relative to such contract, project, or program.
Amended by 2023 Tenn. Acts, ch. 309, s 4, eff. 4/28/2023.
Amended by 2023 Tenn. Acts, ch. 309, s 3, eff. 4/28/2023.
Added by 2013 Tenn. Acts, ch. 91, s 1, eff. 4/11/2013.
Tenn. Code Ann. § 50-6-208 — TN Code / Title 50 / Chapter 6 / Section 50-6-208
Subsequent permanent injury after sustaining previous permanent injury - Subsequent injury and vocational recovery fund - Disbursement - Settlement authority
Status: in_force

(a) (1) If an employee has previously sustained a permanent physical disability from any cause or origin and becomes permanently and totally disabled through a subsequent injury, the employee shall be entitled to compensation from the employee's employer or the employer's insurance company only for the disability that would have resulted from the subsequent injury, and the previous injury shall not be considered in estimating the compensation to which the employee may be entitled under this chapter from the employer or the employer's insurance company; provided, that in addition to the compensation for a subsequent injury, and after completion of the payments for the subsequent injury, then the employee shall be paid the remainder of the compensation that would be due for the permanent total disability out of a special fund to be known as the subsequent injury and vocational recovery fund. (2) To receive benefits from the subsequent injury and vocational recovery fund, the injured employee must be the employee of an employer who has properly insured the employer's workers' compensation liability or has qualified to operate under this chapter as a self-insurer, and the employer must establish that the employer had actual knowledge of the permanent and preexisting disability at the time that the employee was hired or at the time that the employee was retained in employment after the employer acquired knowledge, but in all cases prior to the subsequent injury. (3) In determining the percentage of disability for which the subsequent injury and vocational recovery fund shall be liable, no previous physical impairment shall be considered unless the impairment was within the knowledge of the employer as prescribed in subdivision (a)(2). (4) Nothing in this section shall be construed to limit the employer's liability as provided by law for aggravation of preexisting conditions or disabilities in cases where recovery against the subsequent injury and vocational recovery fund is not applicable. (5) Claims against the fund shall be made by either the injured employee or the employer in the manner prescribed in § 50-6-239 . In all cases when a party is making a claim against the fund, the party advancing the claim shall give notice to the fund of any alternative dispute resolution proceedings scheduled pursuant to § 50-6-236 . (6) Nothing in this section shall relieve the employer or its insurance company of liability for other benefits that may be due the injured employee, including temporary benefits, medical expenses and permanent benefits for injuries. (b) A sum sufficient to provide the benefits of this section shall be allocated from the four percent (4%) premium tax imposed in § 50-6-401(b) , subject to a maximum allocation of fifty percent (50%) of the premium tax collected. The sums shall be deposited in the subsequent injury and vocational recovery fund for distribution by the administrator of the bureau of workers' compensation. (c) There is appropriated a sum sufficient to the subsequent injury and vocational recovery fund for payment of benefits provided in this section, pursuant to this section. The appropriation shall be allocated from and equal to an amount not greater than fifty percent (50%) of the revenues derived from the premium tax levied pursuant to § 50-6-401 . (d) The sums collected by the administrator as provided in this section must be deposited by the administrator in a special fund, which must be termed the "subsequent injury and vocational recovery fund", to be disbursed by the administrator only for the purposes stated in this section, for costs associated with legal counsel to defend the administrator in actions claiming compensation from the subsequent injury and vocational recovery fund pursuant to this section, and for costs associated with providing vocational recovery assistance to eligible employees pursuant to subsection (i). Monies remaining in the fund must not, at any time, be appropriated or diverted to any other purpose. The administrator shall not invest any monies in the subsequent injury and vocational recovery fund in any other manner than is provided by the general laws of the state for investments of funds in the hands of the state treasurer. Disbursements from the fund for permanent total physical disabilities must be made by the administrator only after receipt by the administrator of a certified copy of the court decree awarding compensation as provided in this section. Disbursements must be made only in accordance with the decree. A copy of the decree awarding compensation from the fund must in all cases be filed with the bureau. The administrator has the authority in accordance with subsection (i) to make disbursements for vocational recovery assistance from the fund without any court decree. (e) The administrator, in consultation with the attorney general and reporter, shall prepare a plan for a pilot project using private legal counsel to defend the administrator in actions claiming compensation from the subsequent injury and vocational recovery fund pursuant to § 50-6-206 [See the Compiler's Notes.]. The plan shall include types of cases, approximate numbers of cases, proposed method of selection and other relevant matters. Any private legal counsel retained for these purposes shall be retained pursuant to § 8-6-106 . Expenses relating to private legal counsel retained pursuant to this subsection (e) shall be paid from the subsequent injury and vocational recovery fund. (f) (1) Before any proposed settlement is considered final in cases involving benefits from the subsequent injury and vocational recovery fund under this section, it shall either: (A) Have the written approval of the administrator or the administrator's designee, in accordance with subdivision (f)(2); or (B) Have been approved in accordance with § 20-13-103 . (2) The administrator is authorized to settle certain subsequent injury and vocational recovery fund claims without the necessity of complying with § 20-13-103 ; provided, that the attorney general and reporter, with the written approval of the governor and the comptroller of the treasury, shall set specific limits and conditions on the settlement authority. (g) In order to require the subsequent injury and vocational recovery fund to participate in the alternative dispute resolution, a party shall serve notice of potential liability on the fund. (h) "Party" or "parties," as referenced in § 50-6-204(d)(4) , shall include the subsequent injury and vocational recovery fund. (i) (1) If, after the compensation under § 50-6-207(3)(A) has been provided, the employee has not returned to work with any employer because of a work injury, or has returned to work and is receiving wages or a salary that is less than one hundred percent (100%) of the wages or salary the employee received from the employee's pre-injury employer on the date of injury, then the injured employee may request vocational recovery assistance from the subsequent injury and vocational recovery fund. To be eligible for assistance, the injured employee must submit to the bureau on a form approved by the administrator a request for vocational recovery assistance within ninety (90) days of the date of final payment of the compensation under § 50-6-207(3)(A) . (2) Vocational recovery assistance may include, but is not limited to, vocational assessment, employment training, job analysis, vocational testing, adult education programming that includes preparation and testing toward obtaining a high school equivalency credential approved by the state board of education, and education through a public Tennessee community college, university, or college of applied technology, including books and materials required for courses. All assistance is subject to the maximum limitation set out in subdivision (i)(5). (3) The administrator may evaluate a request for vocational recovery assistance based upon the facts and circumstances relevant to the request and make a determination whether to grant any such request. (4) The administrator may distribute as vocational recovery assistance any revenues in the subsequent injury and vocational recovery fund that are in excess of: (A) The estimated required reserves for known claims and incurred but not reported subsequent injury claims, as determined in the most recent actuarial analysis; (B) The liability to be incurred from the date of the most recent actuarial analysis to the end of the fiscal year in which assistance is provided; and (C) The costs associated with legal counsel to defend the fund and administrative costs of the recovery assistance program. (5) The total amount paid on behalf of any eligible employee for vocational recovery assistance from the subsequent injury and vocational recovery fund pursuant to this subsection (i) must not exceed five thousand dollars ($5,000) in any one (1) fiscal year, and must not exceed the total sum of twenty thousand dollars ($20,000) per employee who participates in this program for all years. The total aggregate amount to be paid from the subsequent injury and vocational recovery fund as to all eligible employees is limited to a total of five hundred thousand dollars ($500,000) in any calendar year. (6) The administrator may promulgate rules in accordance with the Uniform Administrative Procedures Act, compiled in title 4, chapter 5, for the purpose of discharging the administrator's duties to carry out the purposes, goals, and intent of this subsection (i). Such rules may include determining future eligibility of assistance based upon satisfactory completion of coursework in courses taken. (7) This subsection (i) applies to injuries that occur on or after July 1, 2018, but does not apply to injuries that occur after June 30, 2025. Amended by 2023 Tenn. Acts, ch. 114,s 36, eff. 7/1/2023. Acts 1919, ch. 123, § 20; Shan. Supp., § 3608a169; Code 1932, § 6871; Acts 1945, ch. 149, § 1; C. Supp. 1950, § 6871; Acts 1961, ch. 26, § 2; 1973, ch. 379, § 10; 1975, ch. 76, § 1; impl. am. Acts 1980, ch. 534, § 2; Acts 1980, ch. 479, § 2; T.C.A. (orig. ed.), § 50-1027; Acts 1983, ch. 217, §§ 3, 4; 1985, ch. 319, § 1; 1985, ch. 393, §§ 10, 22; 1989, ch. 238, § 1; 1996, ch. 944, § 15; 1997 , ch. 533, § 4; 1999 , ch. 520, § 41; 2001 , ch. 366, § 1; 2002 , ch. 695, § 3; 2004 , ch. 962, § 25; 2005 , ch. 390, §§ 7, 15, 16; 2006 , ch. 1014, § 1; 2013 , ch. 282, §§ 1, 6; 2013 , ch. 289, §§ 54, 55; 2015 , ch. 341, §§ 6, 15; 2015 , ch. 425, § 1; 2017 , ch. 344, §§ 1, 5, 6; 2021 , ch. 286, §§ 2, 3.
(a) (1) If an employee has previously sustained a permanent physical disability from any cause or origin and becomes permanently and totally disabled through a subsequent injury, the employee shall be entitled to compensation from the employee's employer or the employer's insurance company only for the disability that would have resulted from the subsequent injury, and the previous injury shall not be considered in estimating the compensation to which the employee may be entitled under this chapter from the employer or the employer's insurance company; provided, that in addition to the compensation for a subsequent injury, and after completion of the payments for the subsequent injury, then the employee shall be paid the remainder of the compensation that would be due for the permanent total disability out of a special fund to be known as the subsequent injury and vocational recovery fund. (2) To receive benefits from the subsequent injury and vocational recovery fund, the injured employee must be the employee of an employer who has properly insured the employer's workers' compensation liability or has qualified to operate under this chapter as a self-insurer, and the employer must establish that the employer had actual knowledge of the permanent and preexisting disability at the time that the employee was hired or at the time that the employee was retained in employment after the employer acquired knowledge, but in all cases prior to the subsequent injury. (3) In determining the percentage of disability for which the subsequent injury and vocational recovery fund shall be liable, no previous physical impairment shall be considered unless the impairment was within the knowledge of the employer as prescribed in subdivision (a)(2). (4) Nothing in this section shall be construed to limit the employer's liability as provided by law for aggravation of preexisting conditions or disabilities in cases where recovery against the subsequent injury and vocational recovery fund is not applicable. (5) Claims against the fund shall be made by either the injured employee or the employer in the manner prescribed in § 50-6-239 . In all cases when a party is making a claim against the fund, the party advancing the claim shall give notice to the fund of any alternative dispute resolution proceedings scheduled pursuant to § 50-6-236 . (6) Nothing in this section shall relieve the employer or its insurance company of liability for other benefits that may be due the injured employee, including temporary benefits, medical expenses and permanent benefits for injuries.
(1) If an employee has previously sustained a permanent physical disability from any cause or origin and becomes permanently and totally disabled through a subsequent injury, the employee shall be entitled to compensation from the employee's employer or the employer's insurance company only for the disability that would have resulted from the subsequent injury, and the previous injury shall not be considered in estimating the compensation to which the employee may be entitled under this chapter from the employer or the employer's insurance company; provided, that in addition to the compensation for a subsequent injury, and after completion of the payments for the subsequent injury, then the employee shall be paid the remainder of the compensation that would be due for the permanent total disability out of a special fund to be known as the subsequent injury and vocational recovery fund.
(2) To receive benefits from the subsequent injury and vocational recovery fund, the injured employee must be the employee of an employer who has properly insured the employer's workers' compensation liability or has qualified to operate under this chapter as a self-insurer, and the employer must establish that the employer had actual knowledge of the permanent and preexisting disability at the time that the employee was hired or at the time that the employee was retained in employment after the employer acquired knowledge, but in all cases prior to the subsequent injury.
(3) In determining the percentage of disability for which the subsequent injury and vocational recovery fund shall be liable, no previous physical impairment shall be considered unless the impairment was within the knowledge of the employer as prescribed in subdivision (a)(2).
(4) Nothing in this section shall be construed to limit the employer's liability as provided by law for aggravation of preexisting conditions or disabilities in cases where recovery against the subsequent injury and vocational recovery fund is not applicable.
(5) Claims against the fund shall be made by either the injured employee or the employer in the manner prescribed in § 50-6-239 . In all cases when a party is making a claim against the fund, the party advancing the claim shall give notice to the fund of any alternative dispute resolution proceedings scheduled pursuant to § 50-6-236 .
(6) Nothing in this section shall relieve the employer or its insurance company of liability for other benefits that may be due the injured employee, including temporary benefits, medical expenses and permanent benefits for injuries.
(b) A sum sufficient to provide the benefits of this section shall be allocated from the four percent (4%) premium tax imposed in § 50-6-401(b) , subject to a maximum allocation of fifty percent (50%) of the premium tax collected. The sums shall be deposited in the subsequent injury and vocational recovery fund for distribution by the administrator of the bureau of workers' compensation.
(c) There is appropriated a sum sufficient to the subsequent injury and vocational recovery fund for payment of benefits provided in this section, pursuant to this section. The appropriation shall be allocated from and equal to an amount not greater than fifty percent (50%) of the revenues derived from the premium tax levied pursuant to § 50-6-401 .
(d) The sums collected by the administrator as provided in this section must be deposited by the administrator in a special fund, which must be termed the "subsequent injury and vocational recovery fund", to be disbursed by the administrator only for the purposes stated in this section, for costs associated with legal counsel to defend the administrator in actions claiming compensation from the subsequent injury and vocational recovery fund pursuant to this section, and for costs associated with providing vocational recovery assistance to eligible employees pursuant to subsection (i). Monies remaining in the fund must not, at any time, be appropriated or diverted to any other purpose. The administrator shall not invest any monies in the subsequent injury and vocational recovery fund in any other manner than is provided by the general laws of the state for investments of funds in the hands of the state treasurer. Disbursements from the fund for permanent total physical disabilities must be made by the administrator only after receipt by the administrator of a certified copy of the court decree awarding compensation as provided in this section. Disbursements must be made only in accordance with the decree. A copy of the decree awarding compensation from the fund must in all cases be filed with the bureau. The administrator has the authority in accordance with subsection (i) to make disbursements for vocational recovery assistance from the fund without any court decree.
(e) The administrator, in consultation with the attorney general and reporter, shall prepare a plan for a pilot project using private legal counsel to defend the administrator in actions claiming compensation from the subsequent injury and vocational recovery fund pursuant to § 50-6-206 [See the Compiler's Notes.]. The plan shall include types of cases, approximate numbers of cases, proposed method of selection and other relevant matters. Any private legal counsel retained for these purposes shall be retained pursuant to § 8-6-106 . Expenses relating to private legal counsel retained pursuant to this subsection (e) shall be paid from the subsequent injury and vocational recovery fund.
(f) (1) Before any proposed settlement is considered final in cases involving benefits from the subsequent injury and vocational recovery fund under this section, it shall either: (A) Have the written approval of the administrator or the administrator's designee, in accordance with subdivision (f)(2); or (B) Have been approved in accordance with § 20-13-103 . (2) The administrator is authorized to settle certain subsequent injury and vocational recovery fund claims without the necessity of complying with § 20-13-103 ; provided, that the attorney general and reporter, with the written approval of the governor and the comptroller of the treasury, shall set specific limits and conditions on the settlement authority.
(1) Before any proposed settlement is considered final in cases involving benefits from the subsequent injury and vocational recovery fund under this section, it shall either: (A) Have the written approval of the administrator or the administrator's designee, in accordance with subdivision (f)(2); or (B) Have been approved in accordance with § 20-13-103 .
(A) Have the written approval of the administrator or the administrator's designee, in accordance with subdivision (f)(2); or
(B) Have been approved in accordance with § 20-13-103 .
(2) The administrator is authorized to settle certain subsequent injury and vocational recovery fund claims without the necessity of complying with § 20-13-103 ; provided, that the attorney general and reporter, with the written approval of the governor and the comptroller of the treasury, shall set specific limits and conditions on the settlement authority.
(g) In order to require the subsequent injury and vocational recovery fund to participate in the alternative dispute resolution, a party shall serve notice of potential liability on the fund.
(h) "Party" or "parties," as referenced in § 50-6-204(d)(4) , shall include the subsequent injury and vocational recovery fund.
(i) (1) If, after the compensation under § 50-6-207(3)(A) has been provided, the employee has not returned to work with any employer because of a work injury, or has returned to work and is receiving wages or a salary that is less than one hundred percent (100%) of the wages or salary the employee received from the employee's pre-injury employer on the date of injury, then the injured employee may request vocational recovery assistance from the subsequent injury and vocational recovery fund. To be eligible for assistance, the injured employee must submit to the bureau on a form approved by the administrator a request for vocational recovery assistance within ninety (90) days of the date of final payment of the compensation under § 50-6-207(3)(A) . (2) Vocational recovery assistance may include, but is not limited to, vocational assessment, employment training, job analysis, vocational testing, adult education programming that includes preparation and testing toward obtaining a high school equivalency credential approved by the state board of education, and education through a public Tennessee community college, university, or college of applied technology, including books and materials required for courses. All assistance is subject to the maximum limitation set out in subdivision (i)(5). (3) The administrator may evaluate a request for vocational recovery assistance based upon the facts and circumstances relevant to the request and make a determination whether to grant any such request. (4) The administrator may distribute as vocational recovery assistance any revenues in the subsequent injury and vocational recovery fund that are in excess of: (A) The estimated required reserves for known claims and incurred but not reported subsequent injury claims, as determined in the most recent actuarial analysis; (B) The liability to be incurred from the date of the most recent actuarial analysis to the end of the fiscal year in which assistance is provided; and (C) The costs associated with legal counsel to defend the fund and administrative costs of the recovery assistance program. (5) The total amount paid on behalf of any eligible employee for vocational recovery assistance from the subsequent injury and vocational recovery fund pursuant to this subsection (i) must not exceed five thousand dollars ($5,000) in any one (1) fiscal year, and must not exceed the total sum of twenty thousand dollars ($20,000) per employee who participates in this program for all years. The total aggregate amount to be paid from the subsequent injury and vocational recovery fund as to all eligible employees is limited to a total of five hundred thousand dollars ($500,000) in any calendar year. (6) The administrator may promulgate rules in accordance with the Uniform Administrative Procedures Act, compiled in title 4, chapter 5, for the purpose of discharging the administrator's duties to carry out the purposes, goals, and intent of this subsection (i). Such rules may include determining future eligibility of assistance based upon satisfactory completion of coursework in courses taken. (7) This subsection (i) applies to injuries that occur on or after July 1, 2018, but does not apply to injuries that occur after June 30, 2025.
(1) If, after the compensation under § 50-6-207(3)(A) has been provided, the employee has not returned to work with any employer because of a work injury, or has returned to work and is receiving wages or a salary that is less than one hundred percent (100%) of the wages or salary the employee received from the employee's pre-injury employer on the date of injury, then the injured employee may request vocational recovery assistance from the subsequent injury and vocational recovery fund. To be eligible for assistance, the injured employee must submit to the bureau on a form approved by the administrator a request for vocational recovery assistance within ninety (90) days of the date of final payment of the compensation under § 50-6-207(3)(A) .
(2) Vocational recovery assistance may include, but is not limited to, vocational assessment, employment training, job analysis, vocational testing, adult education programming that includes preparation and testing toward obtaining a high school equivalency credential approved by the state board of education, and education through a public Tennessee community college, university, or college of applied technology, including books and materials required for courses. All assistance is subject to the maximum limitation set out in subdivision (i)(5).
(3) The administrator may evaluate a request for vocational recovery assistance based upon the facts and circumstances relevant to the request and make a determination whether to grant any such request.
(4) The administrator may distribute as vocational recovery assistance any revenues in the subsequent injury and vocational recovery fund that are in excess of: (A) The estimated required reserves for known claims and incurred but not reported subsequent injury claims, as determined in the most recent actuarial analysis; (B) The liability to be incurred from the date of the most recent actuarial analysis to the end of the fiscal year in which assistance is provided; and (C) The costs associated with legal counsel to defend the fund and administrative costs of the recovery assistance program.
(A) The estimated required reserves for known claims and incurred but not reported subsequent injury claims, as determined in the most recent actuarial analysis;
(B) The liability to be incurred from the date of the most recent actuarial analysis to the end of the fiscal year in which assistance is provided; and
(C) The costs associated with legal counsel to defend the fund and administrative costs of the recovery assistance program.
(5) The total amount paid on behalf of any eligible employee for vocational recovery assistance from the subsequent injury and vocational recovery fund pursuant to this subsection (i) must not exceed five thousand dollars ($5,000) in any one (1) fiscal year, and must not exceed the total sum of twenty thousand dollars ($20,000) per employee who participates in this program for all years. The total aggregate amount to be paid from the subsequent injury and vocational recovery fund as to all eligible employees is limited to a total of five hundred thousand dollars ($500,000) in any calendar year.
(6) The administrator may promulgate rules in accordance with the Uniform Administrative Procedures Act, compiled in title 4, chapter 5, for the purpose of discharging the administrator's duties to carry out the purposes, goals, and intent of this subsection (i). Such rules may include determining future eligibility of assistance based upon satisfactory completion of coursework in courses taken.
(7) This subsection (i) applies to injuries that occur on or after July 1, 2018, but does not apply to injuries that occur after June 30, 2025.
Amended by 2023 Tenn. Acts, ch. 114,s 36, eff. 7/1/2023.
Acts 1919, ch. 123, § 20; Shan. Supp., § 3608a169; Code 1932, § 6871; Acts 1945, ch. 149, § 1; C. Supp. 1950, § 6871; Acts 1961, ch. 26, § 2; 1973, ch. 379, § 10; 1975, ch. 76, § 1; impl. am. Acts 1980, ch. 534, § 2; Acts 1980, ch. 479, § 2; T.C.A. (orig. ed.), § 50-1027; Acts 1983, ch. 217, §§ 3, 4; 1985, ch. 319, § 1; 1985, ch. 393, §§ 10, 22; 1989, ch. 238, § 1; 1996, ch. 944, § 15; 1997 , ch. 533, § 4; 1999 , ch. 520, § 41; 2001 , ch. 366, § 1; 2002 , ch. 695, § 3; 2004 , ch. 962, § 25; 2005 , ch. 390, §§ 7, 15, 16; 2006 , ch. 1014, § 1; 2013 , ch. 282, §§ 1, 6; 2013 , ch. 289, §§ 54, 55; 2015 , ch. 341, §§ 6, 15; 2015 , ch. 425, § 1; 2017 , ch. 344, §§ 1, 5, 6; 2021 , ch. 286, §§ 2, 3.
Tenn. Code Ann. § 50-6-217 — TN Code / Title 50 / Chapter 6 / Section 50-6-217
Workers' compensation appeals board
Status: in_force

(a) (1) The administrator shall establish a workers' compensation appeals board, which must be wholly separate from the court of workers' compensation claims, to review interlocutory and final orders entered by workers' compensation judges upon application of any party to a workers' compensation claim. (2) Any party aggrieved by an order issued by a workers' compensation judge may appeal the order to the workers' compensation appeals board by filing a timely notice of appeal on a form prescribed by the administrator. Review must be accomplished in the following manner: (A) Within seven (7) business days after the filing of an interlocutory order, either party may appeal the interlocutory order by filing a notice of appeal with the clerk of the court of workers' compensation claims. Following the expiration of the time established by bureau rules for the parties to file a transcript prepared by a licensed court reporter or a statement of the evidence, along with briefs or position statements specifying the issues presented for review and supporting arguments, the record on appeal must be submitted by the clerk of the court of workers' compensation claims to the clerk of the workers' compensation appeals board. Within twenty (20) business days of the receipt of the record on appeal or oral argument conducted pursuant to bureau rules, whichever is later, the workers' compensation appeals board shall issue a decision affirming, reversing, or modifying the interlocutory order and remanding the case. The decision of the workers' compensation appeals board is not subject to further review; and (B) Within thirty (30) calendar days after the issuance of a compensation order pursuant to § 50-6-239(c)(2) , either party may appeal the compensation order by filing a notice of appeal with the clerk of the court of workers' compensation claims. The appealing party has fifteen (15) calendar days after the record is filed with the clerk of the workers' compensation appeals board to file a brief. A brief in response, if any, must be filed within fifteen (15) calendar days of the filing of the appellant's brief. No later than forty-five (45) calendar days after oral argument conducted pursuant to bureau rules or the expiration of the fifteen-day period for a responsive brief to be filed, whichever is later, the workers' compensation appeals board shall issue a decision affirming, reversing, modifying the compensation order; remanding the case; or any combination thereof. For purposes of further appellate review, the workers' compensation appeals board must, if appropriate, certify as final the order of the court of workers' compensation claims as affirmed, reversed, modified, or remanded. The decision of the workers' compensation appeals board is appealable to the Tennessee Supreme Court as provided for in the Tennessee Rules of Appellate Procedure. If a compensation order is timely appealed to the workers' compensation appeals board, the order issued by the workers' compensation judge must not become final, as provided in § 50-6-239(c)(7) , until the workers' compensation appeals board issues a written decision certifying the order as a final order. (b) This section shall have no effect on the procedures established for filing a claim for workers' compensation benefits in the division of claims and risk management, pursuant to § 9-8-402 , or in the claims commission, pursuant to § 9-8-307 . The workers' compensation appeals board shall have no jurisdiction over an appeal of a decision of a commissioner of the claims commission. (c) The decisions of the workers' compensation appeals board shall not be subject to judicial review pursuant to the Uniform Administrative Procedures Act, compiled in title 4, chapter 5. (d) (1) In the appeal of an interlocutory order, with the exception of the filing of the notice of appeal, when an act is required to be performed within a specified time, the workers' compensation appeals board may extend the specified time only in exceptional circumstances not to exceed five (5) additional business days, either upon its own motion or upon motion of any party. In the appeal of a compensation order, with the exception of the filing of the notice of appeal, when an act is required to be performed within a specified time, the workers' compensation appeals board may extend the specified time only in exceptional circumstances not to exceed twenty-one (21) additional calendar days, either upon its own motion or upon motion of any party. (2) The administrator shall have the authority to assess filing fees sufficient to offset the costs of administering this chapter. Amended by 2017 Tenn. Acts, ch. 344,s 7, eff. 5/9/2017. Amended by 2016 Tenn. Acts, ch. 816,s 4, eff. 4/14/2016. Amended by 2015 Tenn. Acts, ch. 341,Secs.s7, s8 eff. 5/4/2015. Amended by 2014 Tenn. Acts, ch. 837,s 2, eff. 7/1/2014. Added by 2013 Tenn. Acts, ch. 289,s 80, eff. 7/1/2014.
(a) (1) The administrator shall establish a workers' compensation appeals board, which must be wholly separate from the court of workers' compensation claims, to review interlocutory and final orders entered by workers' compensation judges upon application of any party to a workers' compensation claim. (2) Any party aggrieved by an order issued by a workers' compensation judge may appeal the order to the workers' compensation appeals board by filing a timely notice of appeal on a form prescribed by the administrator. Review must be accomplished in the following manner: (A) Within seven (7) business days after the filing of an interlocutory order, either party may appeal the interlocutory order by filing a notice of appeal with the clerk of the court of workers' compensation claims. Following the expiration of the time established by bureau rules for the parties to file a transcript prepared by a licensed court reporter or a statement of the evidence, along with briefs or position statements specifying the issues presented for review and supporting arguments, the record on appeal must be submitted by the clerk of the court of workers' compensation claims to the clerk of the workers' compensation appeals board. Within twenty (20) business days of the receipt of the record on appeal or oral argument conducted pursuant to bureau rules, whichever is later, the workers' compensation appeals board shall issue a decision affirming, reversing, or modifying the interlocutory order and remanding the case. The decision of the workers' compensation appeals board is not subject to further review; and (B) Within thirty (30) calendar days after the issuance of a compensation order pursuant to § 50-6-239(c)(2) , either party may appeal the compensation order by filing a notice of appeal with the clerk of the court of workers' compensation claims. The appealing party has fifteen (15) calendar days after the record is filed with the clerk of the workers' compensation appeals board to file a brief. A brief in response, if any, must be filed within fifteen (15) calendar days of the filing of the appellant's brief. No later than forty-five (45) calendar days after oral argument conducted pursuant to bureau rules or the expiration of the fifteen-day period for a responsive brief to be filed, whichever is later, the workers' compensation appeals board shall issue a decision affirming, reversing, modifying the compensation order; remanding the case; or any combination thereof. For purposes of further appellate review, the workers' compensation appeals board must, if appropriate, certify as final the order of the court of workers' compensation claims as affirmed, reversed, modified, or remanded. The decision of the workers' compensation appeals board is appealable to the Tennessee Supreme Court as provided for in the Tennessee Rules of Appellate Procedure. If a compensation order is timely appealed to the workers' compensation appeals board, the order issued by the workers' compensation judge must not become final, as provided in § 50-6-239(c)(7) , until the workers' compensation appeals board issues a written decision certifying the order as a final order.
(1) The administrator shall establish a workers' compensation appeals board, which must be wholly separate from the court of workers' compensation claims, to review interlocutory and final orders entered by workers' compensation judges upon application of any party to a workers' compensation claim.
(2) Any party aggrieved by an order issued by a workers' compensation judge may appeal the order to the workers' compensation appeals board by filing a timely notice of appeal on a form prescribed by the administrator. Review must be accomplished in the following manner: (A) Within seven (7) business days after the filing of an interlocutory order, either party may appeal the interlocutory order by filing a notice of appeal with the clerk of the court of workers' compensation claims. Following the expiration of the time established by bureau rules for the parties to file a transcript prepared by a licensed court reporter or a statement of the evidence, along with briefs or position statements specifying the issues presented for review and supporting arguments, the record on appeal must be submitted by the clerk of the court of workers' compensation claims to the clerk of the workers' compensation appeals board. Within twenty (20) business days of the receipt of the record on appeal or oral argument conducted pursuant to bureau rules, whichever is later, the workers' compensation appeals board shall issue a decision affirming, reversing, or modifying the interlocutory order and remanding the case. The decision of the workers' compensation appeals board is not subject to further review; and (B) Within thirty (30) calendar days after the issuance of a compensation order pursuant to § 50-6-239(c)(2) , either party may appeal the compensation order by filing a notice of appeal with the clerk of the court of workers' compensation claims. The appealing party has fifteen (15) calendar days after the record is filed with the clerk of the workers' compensation appeals board to file a brief. A brief in response, if any, must be filed within fifteen (15) calendar days of the filing of the appellant's brief. No later than forty-five (45) calendar days after oral argument conducted pursuant to bureau rules or the expiration of the fifteen-day period for a responsive brief to be filed, whichever is later, the workers' compensation appeals board shall issue a decision affirming, reversing, modifying the compensation order; remanding the case; or any combination thereof. For purposes of further appellate review, the workers' compensation appeals board must, if appropriate, certify as final the order of the court of workers' compensation claims as affirmed, reversed, modified, or remanded. The decision of the workers' compensation appeals board is appealable to the Tennessee Supreme Court as provided for in the Tennessee Rules of Appellate Procedure. If a compensation order is timely appealed to the workers' compensation appeals board, the order issued by the workers' compensation judge must not become final, as provided in § 50-6-239(c)(7) , until the workers' compensation appeals board issues a written decision certifying the order as a final order.
(A) Within seven (7) business days after the filing of an interlocutory order, either party may appeal the interlocutory order by filing a notice of appeal with the clerk of the court of workers' compensation claims. Following the expiration of the time established by bureau rules for the parties to file a transcript prepared by a licensed court reporter or a statement of the evidence, along with briefs or position statements specifying the issues presented for review and supporting arguments, the record on appeal must be submitted by the clerk of the court of workers' compensation claims to the clerk of the workers' compensation appeals board. Within twenty (20) business days of the receipt of the record on appeal or oral argument conducted pursuant to bureau rules, whichever is later, the workers' compensation appeals board shall issue a decision affirming, reversing, or modifying the interlocutory order and remanding the case. The decision of the workers' compensation appeals board is not subject to further review; and
(B) Within thirty (30) calendar days after the issuance of a compensation order pursuant to § 50-6-239(c)(2) , either party may appeal the compensation order by filing a notice of appeal with the clerk of the court of workers' compensation claims. The appealing party has fifteen (15) calendar days after the record is filed with the clerk of the workers' compensation appeals board to file a brief. A brief in response, if any, must be filed within fifteen (15) calendar days of the filing of the appellant's brief. No later than forty-five (45) calendar days after oral argument conducted pursuant to bureau rules or the expiration of the fifteen-day period for a responsive brief to be filed, whichever is later, the workers' compensation appeals board shall issue a decision affirming, reversing, modifying the compensation order; remanding the case; or any combination thereof. For purposes of further appellate review, the workers' compensation appeals board must, if appropriate, certify as final the order of the court of workers' compensation claims as affirmed, reversed, modified, or remanded. The decision of the workers' compensation appeals board is appealable to the Tennessee Supreme Court as provided for in the Tennessee Rules of Appellate Procedure. If a compensation order is timely appealed to the workers' compensation appeals board, the order issued by the workers' compensation judge must not become final, as provided in § 50-6-239(c)(7) , until the workers' compensation appeals board issues a written decision certifying the order as a final order.
(b) This section shall have no effect on the procedures established for filing a claim for workers' compensation benefits in the division of claims and risk management, pursuant to § 9-8-402 , or in the claims commission, pursuant to § 9-8-307 . The workers' compensation appeals board shall have no jurisdiction over an appeal of a decision of a commissioner of the claims commission.
(c) The decisions of the workers' compensation appeals board shall not be subject to judicial review pursuant to the Uniform Administrative Procedures Act, compiled in title 4, chapter 5.
(d) (1) In the appeal of an interlocutory order, with the exception of the filing of the notice of appeal, when an act is required to be performed within a specified time, the workers' compensation appeals board may extend the specified time only in exceptional circumstances not to exceed five (5) additional business days, either upon its own motion or upon motion of any party. In the appeal of a compensation order, with the exception of the filing of the notice of appeal, when an act is required to be performed within a specified time, the workers' compensation appeals board may extend the specified time only in exceptional circumstances not to exceed twenty-one (21) additional calendar days, either upon its own motion or upon motion of any party. (2) The administrator shall have the authority to assess filing fees sufficient to offset the costs of administering this chapter.
(1) In the appeal of an interlocutory order, with the exception of the filing of the notice of appeal, when an act is required to be performed within a specified time, the workers' compensation appeals board may extend the specified time only in exceptional circumstances not to exceed five (5) additional business days, either upon its own motion or upon motion of any party. In the appeal of a compensation order, with the exception of the filing of the notice of appeal, when an act is required to be performed within a specified time, the workers' compensation appeals board may extend the specified time only in exceptional circumstances not to exceed twenty-one (21) additional calendar days, either upon its own motion or upon motion of any party.
(2) The administrator shall have the authority to assess filing fees sufficient to offset the costs of administering this chapter.
Amended by 2017 Tenn. Acts, ch. 344,s 7, eff. 5/9/2017.
Amended by 2016 Tenn. Acts, ch. 816,s 4, eff. 4/14/2016.
Amended by 2015 Tenn. Acts, ch. 341,Secs.s7, s8 eff. 5/4/2015.
Amended by 2014 Tenn. Acts, ch. 837,s 2, eff. 7/1/2014.
Added by 2013 Tenn. Acts, ch. 289,s 80, eff. 7/1/2014.
Tenn. Code Ann. § 50-7-714 — TN Code / Title 50 / Chapter 7 / Section 50-7-714
Prosecutions - Representation in court
Status: in_force

(a) (1) All criminal actions for violations of this chapter, or any rules or regulations issued pursuant to this chapter, shall be prosecuted by the district attorney general of the judicial district in which the violation occurs, or the attorney general and reporter, in which case a prosecutor shall be dispensed with and no prosecutor need be marked on the indictment for the violation. (2) The grand juries of the state are given inquisitorial powers over the violations of this chapter. (b) In the event any criminal actions for the violation of this chapter or any rules or regulations issued pursuant to this chapter should, in the opinion of the appropriate district attorney general, be initiated by a criminal warrant for the purpose of providing the accused a preliminary hearing to determine probable cause, the appropriate district attorney general or assistant district attorney general shall sign the warrant. Acts 1947, ch. 29, § 17; C. Supp. 1950, § 6901.17 (Williams, § 6901.41); Acts 1977, ch. 330, § 28; 1978, ch. 762, § 4; 1979, ch. 422, § 14; T.C.A. (orig. ed.), § 50-1355.
(a) (1) All criminal actions for violations of this chapter, or any rules or regulations issued pursuant to this chapter, shall be prosecuted by the district attorney general of the judicial district in which the violation occurs, or the attorney general and reporter, in which case a prosecutor shall be dispensed with and no prosecutor need be marked on the indictment for the violation. (2) The grand juries of the state are given inquisitorial powers over the violations of this chapter.
(1) All criminal actions for violations of this chapter, or any rules or regulations issued pursuant to this chapter, shall be prosecuted by the district attorney general of the judicial district in which the violation occurs, or the attorney general and reporter, in which case a prosecutor shall be dispensed with and no prosecutor need be marked on the indictment for the violation.
(2) The grand juries of the state are given inquisitorial powers over the violations of this chapter.
(b) In the event any criminal actions for the violation of this chapter or any rules or regulations issued pursuant to this chapter should, in the opinion of the appropriate district attorney general, be initiated by a criminal warrant for the purpose of providing the accused a preliminary hearing to determine probable cause, the appropriate district attorney general or assistant district attorney general shall sign the warrant.
Acts 1947, ch. 29, § 17; C. Supp. 1950, § 6901.17 (Williams, § 6901.41); Acts 1977, ch. 330, § 28; 1978, ch. 762, § 4; 1979, ch. 422, § 14; T.C.A. (orig. ed.), § 50-1355.
Tenn. Code Ann. § 50-7-713 — TN Code / Title 50 / Chapter 7 / Section 50-7-713
Receiving payment for nondisclosure or misrepresentation of material fact - Class E felony
Status: in_force

(a) Any person who, by reason of the nondisclosure or misrepresentation by the person, or by another, of a material fact, irrespective of whether the nondisclosure or misrepresentation was known or fraudulent, has received any sum as benefits under this chapter while any conditions for the receipt of benefits imposed by this chapter were not fulfilled in the person's case, or while the person was disqualified from receiving benefits, shall, in the discretion of the administrator, either be liable to have the sum deducted from any future benefits payable to the person under this chapter or shall be liable to repay to the administrator for the unemployment compensation fund, a sum equal to the amount so received by the person, and the sum shall be collectible in the manner provided in § 50-7-404(b) for the collection of past-due premiums. (b) Furthermore, any person who knowingly and willfully violates this section commits a Class E felony. Acts 1947, ch. 29, § 16; C. Supp. 1950, § 6901.16 (Williams, § 6901.40); Acts 1978, ch. 762, § 3; T.C.A. (orig. ed.), § 50-1354; Acts 1985, ch. 318, § 82; 1989, ch. 591, § 50.
(a) Any person who, by reason of the nondisclosure or misrepresentation by the person, or by another, of a material fact, irrespective of whether the nondisclosure or misrepresentation was known or fraudulent, has received any sum as benefits under this chapter while any conditions for the receipt of benefits imposed by this chapter were not fulfilled in the person's case, or while the person was disqualified from receiving benefits, shall, in the discretion of the administrator, either be liable to have the sum deducted from any future benefits payable to the person under this chapter or shall be liable to repay to the administrator for the unemployment compensation fund, a sum equal to the amount so received by the person, and the sum shall be collectible in the manner provided in § 50-7-404(b) for the collection of past-due premiums.
(b) Furthermore, any person who knowingly and willfully violates this section commits a Class E felony.
Acts 1947, ch. 29, § 16; C. Supp. 1950, § 6901.16 (Williams, § 6901.40); Acts 1978, ch. 762, § 3; T.C.A. (orig. ed.), § 50-1354; Acts 1985, ch. 318, § 82; 1989, ch. 591, § 50.
Tenn. Code Ann. § 50-6-116 — TN Code / Title 50 / Chapter 6 / Section 50-6-116
Construction of chapter
Status: in_force

For any claim for workers' compensation benefits for an injury, as defined in this chapter, when the date of injury is on or after July 1, 2014, this chapter shall not be remedially or liberally construed but shall be construed fairly, impartially, and in accordance with basic principles of statutory construction and this chapter shall not be construed in a manner favoring either the employee or the employer. Acts 1919, ch. 123, § 47; Shan. Supp., § 3608a197; Code 1932, § 6901; impl. am. Acts 1980, ch. 534, § 1; T.C.A. (orig. ed.) § 50-918; Acts 2013, ch. 289, § 15.
For any claim for workers' compensation benefits for an injury, as defined in this chapter, when the date of injury is on or after July 1, 2014, this chapter shall not be remedially or liberally construed but shall be construed fairly, impartially, and in accordance with basic principles of statutory construction and this chapter shall not be construed in a manner favoring either the employee or the employer.
Acts 1919, ch. 123, § 47; Shan. Supp., § 3608a197; Code 1932, § 6901; impl. am. Acts 1980, ch. 534, § 1; T.C.A. (orig. ed.) § 50-918; Acts 2013, ch. 289, § 15.
Tenn. Code Ann. § 50-5-106 — TN Code / Title 50 / Chapter 5 / Section 50-5-106
Prohibited employment for minors
Status: in_force

(a) A minor may not be employed in connection with the following: (1) Occupations in or about plants or establishments manufacturing or storing explosives or articles containing explosive components; (2) Motor vehicle driving occupations; (3) Coal mine occupations; (4) Logging occupations and occupations in the operation of any sawmill, lath mill, shingle mill or cooperage-stock mill; (5) Occupations involved in the operation of power-driven woodworking machines; (6) Occupations involving exposure to radioactive substances and to ionizing radiations; (7) Occupations involved in the operation of elevator and other power-driven hoisting apparatus; (8) Occupations involved in the operation of power-driven metal-forming, punching and shearing machines; (9) Occupations in connection with mining elements other than coal; (10) Occupations involving slaughtering, meat-packing, processing or rendering; (11) Occupations involved in the operation of hazardous power-driven bakery machines; (12) Occupations involved in the operation of hazardous power-driven paper products machines; (13) Occupations involved in the manufacture of brick, tile and kindred products; (14) Occupations involved in the operation of circular saws, band saws and guillotine shears; (15) Occupations involved in wrecking, demolition and ship-breaking operations; (16) Occupations involved in roofing operations; (17) Occupations in excavation operations; (18) [Deleted by 2023 amendment.] (19) Occupations that the commissioner shall by regulation, pursuant to this part, declare to be hazardous or injurious to the life, health, safety and welfare of minors; (20) (A) Occupations involving posing or modeling, alone or with others, while engaged in sexual conduct for the purpose of preparing a film, photograph, negative, slide or motion picture; (B) As used in (20)(A), "sexual conduct" means actual or simulated conduct, sexual intercourse, sodomy, sexual bestiality, masturbation, sadomasochistic abuse, excretion, or the exhibition of the male or female genitals; and (21) Occupations involved in youth peddling. (b) (1) If a minor is fifteen (15) years of age or younger, the minor must not be employed in a place of employment where the average monthly gross receipts from the sale of intoxicating beverages exceed twenty-five percent (25%) of the total gross receipts of the place of employment or where a minor will be permitted to take orders for or serve intoxicating beverages, regardless of the amount of intoxicating beverages sold in the place of employment. (2) If a minor is sixteen (16) or seventeen (17) years of age, the minor may be employed in a place of employment where the average monthly gross receipts from the sale of intoxicating beverages exceed twenty-five percent (25%) of the total gross receipts of the place of employment if the minor is not permitted to take orders for or serve intoxicating beverages. Amended by 2023 Tenn. Acts, ch. 68, Secs.s 1, s 2 eff. 3/23/2023. Acts 1976, ch. 480, § 7; 1977, ch. 227, § 1; T.C.A., § 50-707; Acts 1999, ch. 203, § 2.
(a) A minor may not be employed in connection with the following: (1) Occupations in or about plants or establishments manufacturing or storing explosives or articles containing explosive components; (2) Motor vehicle driving occupations; (3) Coal mine occupations; (4) Logging occupations and occupations in the operation of any sawmill, lath mill, shingle mill or cooperage-stock mill; (5) Occupations involved in the operation of power-driven woodworking machines; (6) Occupations involving exposure to radioactive substances and to ionizing radiations; (7) Occupations involved in the operation of elevator and other power-driven hoisting apparatus; (8) Occupations involved in the operation of power-driven metal-forming, punching and shearing machines; (9) Occupations in connection with mining elements other than coal; (10) Occupations involving slaughtering, meat-packing, processing or rendering; (11) Occupations involved in the operation of hazardous power-driven bakery machines; (12) Occupations involved in the operation of hazardous power-driven paper products machines; (13) Occupations involved in the manufacture of brick, tile and kindred products; (14) Occupations involved in the operation of circular saws, band saws and guillotine shears; (15) Occupations involved in wrecking, demolition and ship-breaking operations; (16) Occupations involved in roofing operations; (17) Occupations in excavation operations; (18) [Deleted by 2023 amendment.] (19) Occupations that the commissioner shall by regulation, pursuant to this part, declare to be hazardous or injurious to the life, health, safety and welfare of minors; (20) (A) Occupations involving posing or modeling, alone or with others, while engaged in sexual conduct for the purpose of preparing a film, photograph, negative, slide or motion picture; (B) As used in (20)(A), "sexual conduct" means actual or simulated conduct, sexual intercourse, sodomy, sexual bestiality, masturbation, sadomasochistic abuse, excretion, or the exhibition of the male or female genitals; and (21) Occupations involved in youth peddling.
(1) Occupations in or about plants or establishments manufacturing or storing explosives or articles containing explosive components;
(2) Motor vehicle driving occupations;
(3) Coal mine occupations;
(4) Logging occupations and occupations in the operation of any sawmill, lath mill, shingle mill or cooperage-stock mill;
(5) Occupations involved in the operation of power-driven woodworking machines;
(6) Occupations involving exposure to radioactive substances and to ionizing radiations;
(7) Occupations involved in the operation of elevator and other power-driven hoisting apparatus;
(8) Occupations involved in the operation of power-driven metal-forming, punching and shearing machines;
(9) Occupations in connection with mining elements other than coal;
(10) Occupations involving slaughtering, meat-packing, processing or rendering;
(11) Occupations involved in the operation of hazardous power-driven bakery machines;
(12) Occupations involved in the operation of hazardous power-driven paper products machines;
(13) Occupations involved in the manufacture of brick, tile and kindred products;
(14) Occupations involved in the operation of circular saws, band saws and guillotine shears;
(15) Occupations involved in wrecking, demolition and ship-breaking operations;
(16) Occupations involved in roofing operations;
(17) Occupations in excavation operations;
(18) [Deleted by 2023 amendment.]
(19) Occupations that the commissioner shall by regulation, pursuant to this part, declare to be hazardous or injurious to the life, health, safety and welfare of minors;
(20) (A) Occupations involving posing or modeling, alone or with others, while engaged in sexual conduct for the purpose of preparing a film, photograph, negative, slide or motion picture; (B) As used in (20)(A), "sexual conduct" means actual or simulated conduct, sexual intercourse, sodomy, sexual bestiality, masturbation, sadomasochistic abuse, excretion, or the exhibition of the male or female genitals; and
(A) Occupations involving posing or modeling, alone or with others, while engaged in sexual conduct for the purpose of preparing a film, photograph, negative, slide or motion picture;
(B) As used in (20)(A), "sexual conduct" means actual or simulated conduct, sexual intercourse, sodomy, sexual bestiality, masturbation, sadomasochistic abuse, excretion, or the exhibition of the male or female genitals; and
(21) Occupations involved in youth peddling.
(b) (1) If a minor is fifteen (15) years of age or younger, the minor must not be employed in a place of employment where the average monthly gross receipts from the sale of intoxicating beverages exceed twenty-five percent (25%) of the total gross receipts of the place of employment or where a minor will be permitted to take orders for or serve intoxicating beverages, regardless of the amount of intoxicating beverages sold in the place of employment. (2) If a minor is sixteen (16) or seventeen (17) years of age, the minor may be employed in a place of employment where the average monthly gross receipts from the sale of intoxicating beverages exceed twenty-five percent (25%) of the total gross receipts of the place of employment if the minor is not permitted to take orders for or serve intoxicating beverages.
(1) If a minor is fifteen (15) years of age or younger, the minor must not be employed in a place of employment where the average monthly gross receipts from the sale of intoxicating beverages exceed twenty-five percent (25%) of the total gross receipts of the place of employment or where a minor will be permitted to take orders for or serve intoxicating beverages, regardless of the amount of intoxicating beverages sold in the place of employment.
(2) If a minor is sixteen (16) or seventeen (17) years of age, the minor may be employed in a place of employment where the average monthly gross receipts from the sale of intoxicating beverages exceed twenty-five percent (25%) of the total gross receipts of the place of employment if the minor is not permitted to take orders for or serve intoxicating beverages.
Amended by 2023 Tenn. Acts, ch. 68, Secs.s 1, s 2 eff. 3/23/2023.
Acts 1976, ch. 480, § 7; 1977, ch. 227, § 1; T.C.A., § 50-707; Acts 1999, ch. 203, § 2.
Tenn. Code Ann. § 50-5-206 — TN Code / Title 50 / Chapter 5 / Section 50-5-206
Applicability
Status: in_force

The chapters of this title shall apply to every minor person who desires to perform artistic or creative services in the state, including minor persons who reside in the state and minor persons not residing in the state, as long as some or all of the services are to be provided or delivered in the state, or at least one (1) of the other parties are doing business in the state. Acts 2003, ch. 168, § 1.
The chapters of this title shall apply to every minor person who desires to perform artistic or creative services in the state, including minor persons who reside in the state and minor persons not residing in the state, as long as some or all of the services are to be provided or delivered in the state, or at least one (1) of the other parties are doing business in the state.
Acts 2003, ch. 168, § 1.
Tenn. Code Ann. § 50-6-913 — TN Code / Title 50 / Chapter 6 / Section 50-6-913
Creation of employee misclassification education and enforcement fund - Costs of administration
Status: in_force

(a) There is created a fund to be known as the "employee misclassification education and enforcement fund." Any fee collected pursuant to § 50-6-912(a) shall be deposited in the employee misclassification education and enforcement fund. Moneys in the fund shall be invested by the state treasurer in accordance with § 9-4-603 . The fund shall be administered by the administrator of the workers' compensation bureau. (b) All costs of the bureau of workers' compensation associated with the administration of this part shall be paid by the administrator of the workers' compensation bureau from the employee misclassification education and enforcement fund. Moneys remaining in the fund after such payment may be expended, subject to appropriation by the general assembly, at the direction of the administrator of the workers' compensation bureau for the purchase of computer software and hardware designed to establish and maintain exemptions of construction services providers pursuant to this part, for the purchase of computer software and hardware designed to identify potential employee misclassification activity, for the hiring of additional employees to investigate potential employee misclassification activity, for education of employers and employees regarding the requirements of this part and in support of the ongoing investigation and prosecution of employee misclassification. (c) Any amount in the employee misclassification education and enforcement fund at the end of any fiscal year shall not revert to the general fund, but shall remain available for the purposes set forth in subsection (b). Interest accruing on investments and deposits of the employee misclassification education and enforcement fund shall be credited to such account, shall not revert to the general fund, and shall be carried forward into each subsequent fiscal year. Amended by 2021 Tenn. Acts, ch. 88, s 3, eff. 1/1/2022. Acts 2010 , ch. 1149, § 13; 2013 , ch. 282, § 1; 2013 , ch. 424, § 2.
(a) There is created a fund to be known as the "employee misclassification education and enforcement fund." Any fee collected pursuant to § 50-6-912(a) shall be deposited in the employee misclassification education and enforcement fund. Moneys in the fund shall be invested by the state treasurer in accordance with § 9-4-603 . The fund shall be administered by the administrator of the workers' compensation bureau.
(b) All costs of the bureau of workers' compensation associated with the administration of this part shall be paid by the administrator of the workers' compensation bureau from the employee misclassification education and enforcement fund. Moneys remaining in the fund after such payment may be expended, subject to appropriation by the general assembly, at the direction of the administrator of the workers' compensation bureau for the purchase of computer software and hardware designed to establish and maintain exemptions of construction services providers pursuant to this part, for the purchase of computer software and hardware designed to identify potential employee misclassification activity, for the hiring of additional employees to investigate potential employee misclassification activity, for education of employers and employees regarding the requirements of this part and in support of the ongoing investigation and prosecution of employee misclassification.
(c) Any amount in the employee misclassification education and enforcement fund at the end of any fiscal year shall not revert to the general fund, but shall remain available for the purposes set forth in subsection (b). Interest accruing on investments and deposits of the employee misclassification education and enforcement fund shall be credited to such account, shall not revert to the general fund, and shall be carried forward into each subsequent fiscal year.
Amended by 2021 Tenn. Acts, ch. 88, s 3, eff. 1/1/2022.
Acts 2010 , ch. 1149, § 13; 2013 , ch. 282, § 1; 2013 , ch. 424, § 2.
Tenn. Code Ann. § 50-3-701 — TN Code / Title 50 / Chapter 3 / Section 50-3-701
Records and reports generally
Status: in_force

Each employer shall make available to the commissioner of labor and workforce development, in the manner the commissioner requires, copies of the same records and reports regarding the employer's activities relating to this chapter as are required to be made, kept or preserved by 29 U.S.C. § 657(c) and regulations made pursuant to 29 U.S.C. § 657(c) . Acts 1972, ch. 561, § 14; 1974, ch. 585, § 37; T.C.A., § 50-552; Acts 1999, ch. 520, § 41.
Each employer shall make available to the commissioner of labor and workforce development, in the manner the commissioner requires, copies of the same records and reports regarding the employer's activities relating to this chapter as are required to be made, kept or preserved by 29 U.S.C. § 657(c) and regulations made pursuant to 29 U.S.C. § 657(c) .
Acts 1972, ch. 561, § 14; 1974, ch. 585, § 37; T.C.A., § 50-552; Acts 1999, ch. 520, § 41.
Tenn. Code Ann. § 50-6-914 — TN Code / Title 50 / Chapter 6 / Section 50-6-914
[Effective until 7/1/2029] Liability of general contractor, intermediate contractor or subcontractor for injured employee - Claims
Status: in_force

(a) Except as provided for in subsection (b), a general contractor, intermediate contractor, or subcontractor is liable for compensation to an employee injured while in the employ of a subcontractor of the general contractor, intermediate contractor, or subcontractor and engaged upon the subject matter of the contract to the same extent as the immediate employer. (b) (1) (A) Notwithstanding subsection (a) and subject to subdivision (b)(2), a general contractor, intermediate contractor, or subcontractor is not liable for workers' compensation to a construction services provider listed on the registry established pursuant to this part. (B) Notwithstanding subsection (a) and subject to subdivision (b)(2), a general contractor, intermediate contractor, or subcontractor is not liable for workers' compensation to a construction services provider for injuries occurring during the time period of December 9, 2019, through September 9, 2021, if the following conditions are met: (i) During the time period of December 9, 2017, through December 9, 2021, the construction services provider provided the general contractor, intermediate contractor, or subcontractor a notice of registration from the secretary of state showing exemption from § 50-6-902(a) ; (ii) The general contractor, intermediate contractor, or subcontractor did not obtain workers' compensation insurance to cover the construction service provider providing the notice of registration; and (iii) The construction services provider's exemption registry registration was revoked on December 9, 2019, pursuant to § 50-6-908(b)(1)(C) , and the construction services provider failed to inform the general contractor, the intermediate contractor, or the subcontractor of the revocation. (2) (A) No more than three (3) construction services providers performing direct labor on a commercial construction project may be exempt from § 50-6-902(a) . (B) For purposes of subdivision (b)(2)(A), the three (3) construction services providers shall be selected by the general contractor. The limit of three (3) set out in subdivision (b)(2)(A) shall be three (3) individuals listed on the registry as having a workers' compensation exemption and working in the service of a business entity through which the construction services provider obtained such an exemption. (C) If a general contractor allows a construction services provider to provide services on a commercial construction project while such provider is utilizing an exemption pursuant to this part, the general contractor shall: (i) Notify each such construction services provider in writing that the provider has been chosen by the general contractor as one of the three (3) construction services providers performing direct labor who may be exempt from § 50-6-902(a) ; and (ii) Maintain a record identifying each such construction services provider. The general contractor shall make the record maintained pursuant to this subdivision (b)(2)(C)(ii) available for inspection upon request by the general contractor's insurance provider, the department, and the department of commerce and insurance. (D) (i) A construction services provider is not liable for workers' compensation premiums prior to January 1, 2021, for a commercial construction project, as long as the provider held a valid exemption. (ii) A general contractor, intermediate contractor, or subcontractor is not liable for workers' compensation premiums prior to January 1, 2021, for a construction services provider on a commercial construction project that held a valid exemption. (3) The assessment of retroactive fees or premiums are prohibited pursuant to time periods exempted by this chapter. (c) Any general contractor, intermediate contractor or subcontractor who pays compensation under subsection (a) may recover the amount paid from any person or entity who, independently of this section, would have been liable to pay compensation to the injured employee, or from any subcontractor. (d) Every claim for compensation under this section shall be presented first to and instituted against the immediate employer, but the proceedings shall not constitute a waiver of the employee's rights to recover compensation under this chapter from the general contractor, intermediate contractor or subcontractor; provided, that the collection of full compensation from one (1) employer shall bar recovery by the employee against any others, and the employee shall not collect from all employers a total compensation in excess of the amount for which any of the contractors is liable. (e) This section applies only in cases where the injury occurred on, in, or about the premises on which the general contractor has undertaken to execute work or that are otherwise under the general contractor's control or management. Amended by 2024 Tenn. Acts, ch. 532,s 5, eff. 6/30/2024. Amended by 2021 Tenn. Acts, ch. 189, Secs.s 6, s 8 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. 189, s 7, eff. 7/1/2021. Amended by 2021 Tenn. Acts, ch. 90, s 1, eff. 4/7/2021. Acts 2010 , ch. 1149, § 13; 2011 , ch. 422, § 11.
(a) Except as provided for in subsection (b), a general contractor, intermediate contractor, or subcontractor is liable for compensation to an employee injured while in the employ of a subcontractor of the general contractor, intermediate contractor, or subcontractor and engaged upon the subject matter of the contract to the same extent as the immediate employer.
(b) (1) (A) Notwithstanding subsection (a) and subject to subdivision (b)(2), a general contractor, intermediate contractor, or subcontractor is not liable for workers' compensation to a construction services provider listed on the registry established pursuant to this part. (B) Notwithstanding subsection (a) and subject to subdivision (b)(2), a general contractor, intermediate contractor, or subcontractor is not liable for workers' compensation to a construction services provider for injuries occurring during the time period of December 9, 2019, through September 9, 2021, if the following conditions are met: (i) During the time period of December 9, 2017, through December 9, 2021, the construction services provider provided the general contractor, intermediate contractor, or subcontractor a notice of registration from the secretary of state showing exemption from § 50-6-902(a) ; (ii) The general contractor, intermediate contractor, or subcontractor did not obtain workers' compensation insurance to cover the construction service provider providing the notice of registration; and (iii) The construction services provider's exemption registry registration was revoked on December 9, 2019, pursuant to § 50-6-908(b)(1)(C) , and the construction services provider failed to inform the general contractor, the intermediate contractor, or the subcontractor of the revocation. (2) (A) No more than three (3) construction services providers performing direct labor on a commercial construction project may be exempt from § 50-6-902(a) . (B) For purposes of subdivision (b)(2)(A), the three (3) construction services providers shall be selected by the general contractor. The limit of three (3) set out in subdivision (b)(2)(A) shall be three (3) individuals listed on the registry as having a workers' compensation exemption and working in the service of a business entity through which the construction services provider obtained such an exemption. (C) If a general contractor allows a construction services provider to provide services on a commercial construction project while such provider is utilizing an exemption pursuant to this part, the general contractor shall: (i) Notify each such construction services provider in writing that the provider has been chosen by the general contractor as one of the three (3) construction services providers performing direct labor who may be exempt from § 50-6-902(a) ; and (ii) Maintain a record identifying each such construction services provider. The general contractor shall make the record maintained pursuant to this subdivision (b)(2)(C)(ii) available for inspection upon request by the general contractor's insurance provider, the department, and the department of commerce and insurance. (D) (i) A construction services provider is not liable for workers' compensation premiums prior to January 1, 2021, for a commercial construction project, as long as the provider held a valid exemption. (ii) A general contractor, intermediate contractor, or subcontractor is not liable for workers' compensation premiums prior to January 1, 2021, for a construction services provider on a commercial construction project that held a valid exemption. (3) The assessment of retroactive fees or premiums are prohibited pursuant to time periods exempted by this chapter.
(1) (A) Notwithstanding subsection (a) and subject to subdivision (b)(2), a general contractor, intermediate contractor, or subcontractor is not liable for workers' compensation to a construction services provider listed on the registry established pursuant to this part. (B) Notwithstanding subsection (a) and subject to subdivision (b)(2), a general contractor, intermediate contractor, or subcontractor is not liable for workers' compensation to a construction services provider for injuries occurring during the time period of December 9, 2019, through September 9, 2021, if the following conditions are met: (i) During the time period of December 9, 2017, through December 9, 2021, the construction services provider provided the general contractor, intermediate contractor, or subcontractor a notice of registration from the secretary of state showing exemption from § 50-6-902(a) ; (ii) The general contractor, intermediate contractor, or subcontractor did not obtain workers' compensation insurance to cover the construction service provider providing the notice of registration; and (iii) The construction services provider's exemption registry registration was revoked on December 9, 2019, pursuant to § 50-6-908(b)(1)(C) , and the construction services provider failed to inform the general contractor, the intermediate contractor, or the subcontractor of the revocation.
(A) Notwithstanding subsection (a) and subject to subdivision (b)(2), a general contractor, intermediate contractor, or subcontractor is not liable for workers' compensation to a construction services provider listed on the registry established pursuant to this part.
(B) Notwithstanding subsection (a) and subject to subdivision (b)(2), a general contractor, intermediate contractor, or subcontractor is not liable for workers' compensation to a construction services provider for injuries occurring during the time period of December 9, 2019, through September 9, 2021, if the following conditions are met: (i) During the time period of December 9, 2017, through December 9, 2021, the construction services provider provided the general contractor, intermediate contractor, or subcontractor a notice of registration from the secretary of state showing exemption from § 50-6-902(a) ; (ii) The general contractor, intermediate contractor, or subcontractor did not obtain workers' compensation insurance to cover the construction service provider providing the notice of registration; and (iii) The construction services provider's exemption registry registration was revoked on December 9, 2019, pursuant to § 50-6-908(b)(1)(C) , and the construction services provider failed to inform the general contractor, the intermediate contractor, or the subcontractor of the revocation.
(i) During the time period of December 9, 2017, through December 9, 2021, the construction services provider provided the general contractor, intermediate contractor, or subcontractor a notice of registration from the secretary of state showing exemption from § 50-6-902(a) ;
(ii) The general contractor, intermediate contractor, or subcontractor did not obtain workers' compensation insurance to cover the construction service provider providing the notice of registration; and
(iii) The construction services provider's exemption registry registration was revoked on December 9, 2019, pursuant to § 50-6-908(b)(1)(C) , and the construction services provider failed to inform the general contractor, the intermediate contractor, or the subcontractor of the revocation.
(2) (A) No more than three (3) construction services providers performing direct labor on a commercial construction project may be exempt from § 50-6-902(a) . (B) For purposes of subdivision (b)(2)(A), the three (3) construction services providers shall be selected by the general contractor. The limit of three (3) set out in subdivision (b)(2)(A) shall be three (3) individuals listed on the registry as having a workers' compensation exemption and working in the service of a business entity through which the construction services provider obtained such an exemption. (C) If a general contractor allows a construction services provider to provide services on a commercial construction project while such provider is utilizing an exemption pursuant to this part, the general contractor shall: (i) Notify each such construction services provider in writing that the provider has been chosen by the general contractor as one of the three (3) construction services providers performing direct labor who may be exempt from § 50-6-902(a) ; and (ii) Maintain a record identifying each such construction services provider. The general contractor shall make the record maintained pursuant to this subdivision (b)(2)(C)(ii) available for inspection upon request by the general contractor's insurance provider, the department, and the department of commerce and insurance. (D) (i) A construction services provider is not liable for workers' compensation premiums prior to January 1, 2021, for a commercial construction project, as long as the provider held a valid exemption. (ii) A general contractor, intermediate contractor, or subcontractor is not liable for workers' compensation premiums prior to January 1, 2021, for a construction services provider on a commercial construction project that held a valid exemption.
(A) No more than three (3) construction services providers performing direct labor on a commercial construction project may be exempt from § 50-6-902(a) .
(B) For purposes of subdivision (b)(2)(A), the three (3) construction services providers shall be selected by the general contractor. The limit of three (3) set out in subdivision (b)(2)(A) shall be three (3) individuals listed on the registry as having a workers' compensation exemption and working in the service of a business entity through which the construction services provider obtained such an exemption.
(C) If a general contractor allows a construction services provider to provide services on a commercial construction project while such provider is utilizing an exemption pursuant to this part, the general contractor shall: (i) Notify each such construction services provider in writing that the provider has been chosen by the general contractor as one of the three (3) construction services providers performing direct labor who may be exempt from § 50-6-902(a) ; and (ii) Maintain a record identifying each such construction services provider. The general contractor shall make the record maintained pursuant to this subdivision (b)(2)(C)(ii) available for inspection upon request by the general contractor's insurance provider, the department, and the department of commerce and insurance.
(i) Notify each such construction services provider in writing that the provider has been chosen by the general contractor as one of the three (3) construction services providers performing direct labor who may be exempt from § 50-6-902(a) ; and
(ii) Maintain a record identifying each such construction services provider. The general contractor shall make the record maintained pursuant to this subdivision (b)(2)(C)(ii) available for inspection upon request by the general contractor's insurance provider, the department, and the department of commerce and insurance.
(D) (i) A construction services provider is not liable for workers' compensation premiums prior to January 1, 2021, for a commercial construction project, as long as the provider held a valid exemption. (ii) A general contractor, intermediate contractor, or subcontractor is not liable for workers' compensation premiums prior to January 1, 2021, for a construction services provider on a commercial construction project that held a valid exemption.
(i) A construction services provider is not liable for workers' compensation premiums prior to January 1, 2021, for a commercial construction project, as long as the provider held a valid exemption.
(ii) A general contractor, intermediate contractor, or subcontractor is not liable for workers' compensation premiums prior to January 1, 2021, for a construction services provider on a commercial construction project that held a valid exemption.
(3) The assessment of retroactive fees or premiums are prohibited pursuant to time periods exempted by this chapter.
(c) Any general contractor, intermediate contractor or subcontractor who pays compensation under subsection (a) may recover the amount paid from any person or entity who, independently of this section, would have been liable to pay compensation to the injured employee, or from any subcontractor.
(d) Every claim for compensation under this section shall be presented first to and instituted against the immediate employer, but the proceedings shall not constitute a waiver of the employee's rights to recover compensation under this chapter from the general contractor, intermediate contractor or subcontractor; provided, that the collection of full compensation from one (1) employer shall bar recovery by the employee against any others, and the employee shall not collect from all employers a total compensation in excess of the amount for which any of the contractors is liable.
(e) This section applies only in cases where the injury occurred on, in, or about the premises on which the general contractor has undertaken to execute work or that are otherwise under the general contractor's control or management.
Amended by 2024 Tenn. Acts, ch. 532,s 5, eff. 6/30/2024.
Amended by 2021 Tenn. Acts, ch. 189, Secs.s 6, s 8 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. 189, s 7, eff. 7/1/2021.
Amended by 2021 Tenn. Acts, ch. 90, s 1, eff. 4/7/2021.
Acts 2010 , ch. 1149, § 13; 2011 , ch. 422, § 11.
Tenn. Code Ann. § 50-1-103 — TN Code / Title 50 / Chapter 1 / Section 50-1-103
Employment of illegal aliens
Status: in_force

(a) As used in this section, unless the context otherwise requires: (1) "Commissioner" means the commissioner of labor and workforce development; (2) "Department" means the department of labor and workforce development; (3) "Employ" or "employment" means any work engaged in for compensation in money or other valuable consideration and for which a person paying the compensation for the work performed is required to file a W-2 wage and tax statement with the federal internal revenue service; (4) "Illegal alien" means, with respect to the employment of an alien at a particular time, an alien who is not, at that time: (A) Lawfully admitted for permanent residence in the United States pursuant to the federal Immigration and Naturalization Act ( 8 U.S.C. § 1101 et seq.); or (B) Authorized to be employed by the federal Immigration and Naturalization Act or the United States attorney general; (5) "Knowingly" means having actual knowledge that a person is an illegal alien or having a duty imposed by law to determine the immigration status of an illegal alien and failing to perform that duty; (6) "Lawful resident alien" means a person who is entitled to lawful residence in the United States pursuant to the federal Immigration and Naturalization Act; (7) "Lawful resident verification information" means the documentation that is required by the United States department of homeland security when completing the employment eligibility verification form commonly referred to as Form I-9. Documentation that later proves to be falsified, but that at the time of employment satisfies the requirements of Form I-9, is lawful resident verification information; (8) "License" means any certificate, approval, registration or similar form of permission required by law; and (9) "Person" means individual, corporation, partnership, association or any other legal entity. (b) A person shall not knowingly employ, rehire, recruit, or refer for a fee for employment an illegal alien. (c) [Deleted by 2022 amendment.] (d) A person has not violated subsection (b) with respect to a particular employee if the person verified the work authorization status of the employee by using the federal electronic work authorization verification service provided by the United States department of homeland security pursuant to the federal Basic Pilot Program Extension and Expansion Act of 2003, Pub. L. No. 108-156, or any successor program thereto, and the verification service returned a confirmation showing that: (1) Such employee was eligible to work; (2) Such employee was ineligible to work, but the employee has appealed such confirmation and the appeal has not been resolved; or (3) Such employee was ineligible to work, the employee has not appealed such confirmation and the time for such employee to appeal pursuant to federal law has not expired. (e) (1) (A) If any state or local governmental agency, officer, employee or entity has reason to believe that a violation of subsection (b) has occurred, the agency, officer, employee or entity shall file a complaint with the department. Upon receipt of a complaint by a federal, state or local governmental agency, officer, employee or entity, the commissioner shall conduct an investigation. If there is substantial evidence that a violation of subsection (b) has occurred, the commissioner shall conduct a contested case hearing pursuant to the Uniform Administrative Procedures Act, complied in title 4, chapter 5, on the question of whether the person has violated subsection (b). If the commissioner or the commissioner's designee determines that there is clear and convincing evidence that a person has violated subsection (b) and the violation occurred while the person was acting within the scope of practice of a license issued by the state or pursuant to title 67, chapter 4, the commissioner shall request an order consistent with § 4-5-320 , requiring the appropriate regulatory board or local government with respect to business licensure pursuant to title 67, chapter 4, to revoke, suspend, or deny the person's license. The commissioner shall state in the commissioner's findings of fact and conclusions of law whether there have been previous violations of subsection (b). (B) For the first violation of subsection (b), the commissioner shall order that the regulatory board or local government suspend the person's license until the person shows to the satisfaction of the commissioner that the person is no longer in violation of subsection (b). The showing may be made by the person filing a sworn statement with the commissioner stating that the person is no longer employing illegal aliens. (C) For a second or subsequent violation of subsection (b) occurring within three (3) years from the issuance of the commissioner's first order, the commissioner shall order that the regulatory agency or local government suspend the license for one (1) year. (2) Upon receiving a complaint pursuant to this section, consistent with this section, the commissioner or the commissioner's designee shall inform the person against whom the complaint is made that the person may request the name of the person filing the complaint, or if the complaint is filed by an agency or entity, the name of the person who caused the complaint to be filed. If the person requests the name, the commissioner or the commissioner's designee shall provide the name requested. (f) The department shall notify the appropriate official making declarations pursuant to § 12-3-309 of a person's violation of this section. (g) The department shall notify the department of homeland security of any person found in violation of this section. Amended by 2024 Tenn. Acts, ch. 1026,s 1, eff. 7/1/2024. Amended by 2022 Tenn. Acts, ch. 832, s 1, eff. 4/19/2022. Acts 1985, ch. 247, § 1; 1986, ch. 847, §§ 1-3; 1989, ch. 591, § 112; 1999, ch. 520, § 41; 2007 , ch. 529, § 1; 2008 , ch. 820, § 1; 2011 , ch. 436, §§ 1 - 4.
(a) As used in this section, unless the context otherwise requires: (1) "Commissioner" means the commissioner of labor and workforce development; (2) "Department" means the department of labor and workforce development; (3) "Employ" or "employment" means any work engaged in for compensation in money or other valuable consideration and for which a person paying the compensation for the work performed is required to file a W-2 wage and tax statement with the federal internal revenue service; (4) "Illegal alien" means, with respect to the employment of an alien at a particular time, an alien who is not, at that time: (A) Lawfully admitted for permanent residence in the United States pursuant to the federal Immigration and Naturalization Act ( 8 U.S.C. § 1101 et seq.); or (B) Authorized to be employed by the federal Immigration and Naturalization Act or the United States attorney general; (5) "Knowingly" means having actual knowledge that a person is an illegal alien or having a duty imposed by law to determine the immigration status of an illegal alien and failing to perform that duty; (6) "Lawful resident alien" means a person who is entitled to lawful residence in the United States pursuant to the federal Immigration and Naturalization Act; (7) "Lawful resident verification information" means the documentation that is required by the United States department of homeland security when completing the employment eligibility verification form commonly referred to as Form I-9. Documentation that later proves to be falsified, but that at the time of employment satisfies the requirements of Form I-9, is lawful resident verification information; (8) "License" means any certificate, approval, registration or similar form of permission required by law; and (9) "Person" means individual, corporation, partnership, association or any other legal entity.
(1) "Commissioner" means the commissioner of labor and workforce development;
(2) "Department" means the department of labor and workforce development;
(3) "Employ" or "employment" means any work engaged in for compensation in money or other valuable consideration and for which a person paying the compensation for the work performed is required to file a W-2 wage and tax statement with the federal internal revenue service;
(4) "Illegal alien" means, with respect to the employment of an alien at a particular time, an alien who is not, at that time: (A) Lawfully admitted for permanent residence in the United States pursuant to the federal Immigration and Naturalization Act ( 8 U.S.C. § 1101 et seq.); or (B) Authorized to be employed by the federal Immigration and Naturalization Act or the United States attorney general;
(A) Lawfully admitted for permanent residence in the United States pursuant to the federal Immigration and Naturalization Act ( 8 U.S.C. § 1101 et seq.); or
(B) Authorized to be employed by the federal Immigration and Naturalization Act or the United States attorney general;
(5) "Knowingly" means having actual knowledge that a person is an illegal alien or having a duty imposed by law to determine the immigration status of an illegal alien and failing to perform that duty;
(6) "Lawful resident alien" means a person who is entitled to lawful residence in the United States pursuant to the federal Immigration and Naturalization Act;
(7) "Lawful resident verification information" means the documentation that is required by the United States department of homeland security when completing the employment eligibility verification form commonly referred to as Form I-9. Documentation that later proves to be falsified, but that at the time of employment satisfies the requirements of Form I-9, is lawful resident verification information;
(8) "License" means any certificate, approval, registration or similar form of permission required by law; and
(9) "Person" means individual, corporation, partnership, association or any other legal entity.
(b) A person shall not knowingly employ, rehire, recruit, or refer for a fee for employment an illegal alien.
(c) [Deleted by 2022 amendment.]
(d) A person has not violated subsection (b) with respect to a particular employee if the person verified the work authorization status of the employee by using the federal electronic work authorization verification service provided by the United States department of homeland security pursuant to the federal Basic Pilot Program Extension and Expansion Act of 2003, Pub. L. No. 108-156, or any successor program thereto, and the verification service returned a confirmation showing that: (1) Such employee was eligible to work; (2) Such employee was ineligible to work, but the employee has appealed such confirmation and the appeal has not been resolved; or (3) Such employee was ineligible to work, the employee has not appealed such confirmation and the time for such employee to appeal pursuant to federal law has not expired.
(1) Such employee was eligible to work;
(2) Such employee was ineligible to work, but the employee has appealed such confirmation and the appeal has not been resolved; or
(3) Such employee was ineligible to work, the employee has not appealed such confirmation and the time for such employee to appeal pursuant to federal law has not expired.
(e) (1) (A) If any state or local governmental agency, officer, employee or entity has reason to believe that a violation of subsection (b) has occurred, the agency, officer, employee or entity shall file a complaint with the department. Upon receipt of a complaint by a federal, state or local governmental agency, officer, employee or entity, the commissioner shall conduct an investigation. If there is substantial evidence that a violation of subsection (b) has occurred, the commissioner shall conduct a contested case hearing pursuant to the Uniform Administrative Procedures Act, complied in title 4, chapter 5, on the question of whether the person has violated subsection (b). If the commissioner or the commissioner's designee determines that there is clear and convincing evidence that a person has violated subsection (b) and the violation occurred while the person was acting within the scope of practice of a license issued by the state or pursuant to title 67, chapter 4, the commissioner shall request an order consistent with § 4-5-320 , requiring the appropriate regulatory board or local government with respect to business licensure pursuant to title 67, chapter 4, to revoke, suspend, or deny the person's license. The commissioner shall state in the commissioner's findings of fact and conclusions of law whether there have been previous violations of subsection (b). (B) For the first violation of subsection (b), the commissioner shall order that the regulatory board or local government suspend the person's license until the person shows to the satisfaction of the commissioner that the person is no longer in violation of subsection (b). The showing may be made by the person filing a sworn statement with the commissioner stating that the person is no longer employing illegal aliens. (C) For a second or subsequent violation of subsection (b) occurring within three (3) years from the issuance of the commissioner's first order, the commissioner shall order that the regulatory agency or local government suspend the license for one (1) year. (2) Upon receiving a complaint pursuant to this section, consistent with this section, the commissioner or the commissioner's designee shall inform the person against whom the complaint is made that the person may request the name of the person filing the complaint, or if the complaint is filed by an agency or entity, the name of the person who caused the complaint to be filed. If the person requests the name, the commissioner or the commissioner's designee shall provide the name requested.
(1) (A) If any state or local governmental agency, officer, employee or entity has reason to believe that a violation of subsection (b) has occurred, the agency, officer, employee or entity shall file a complaint with the department. Upon receipt of a complaint by a federal, state or local governmental agency, officer, employee or entity, the commissioner shall conduct an investigation. If there is substantial evidence that a violation of subsection (b) has occurred, the commissioner shall conduct a contested case hearing pursuant to the Uniform Administrative Procedures Act, complied in title 4, chapter 5, on the question of whether the person has violated subsection (b). If the commissioner or the commissioner's designee determines that there is clear and convincing evidence that a person has violated subsection (b) and the violation occurred while the person was acting within the scope of practice of a license issued by the state or pursuant to title 67, chapter 4, the commissioner shall request an order consistent with § 4-5-320 , requiring the appropriate regulatory board or local government with respect to business licensure pursuant to title 67, chapter 4, to revoke, suspend, or deny the person's license. The commissioner shall state in the commissioner's findings of fact and conclusions of law whether there have been previous violations of subsection (b). (B) For the first violation of subsection (b), the commissioner shall order that the regulatory board or local government suspend the person's license until the person shows to the satisfaction of the commissioner that the person is no longer in violation of subsection (b). The showing may be made by the person filing a sworn statement with the commissioner stating that the person is no longer employing illegal aliens. (C) For a second or subsequent violation of subsection (b) occurring within three (3) years from the issuance of the commissioner's first order, the commissioner shall order that the regulatory agency or local government suspend the license for one (1) year.
(A) If any state or local governmental agency, officer, employee or entity has reason to believe that a violation of subsection (b) has occurred, the agency, officer, employee or entity shall file a complaint with the department. Upon receipt of a complaint by a federal, state or local governmental agency, officer, employee or entity, the commissioner shall conduct an investigation. If there is substantial evidence that a violation of subsection (b) has occurred, the commissioner shall conduct a contested case hearing pursuant to the Uniform Administrative Procedures Act, complied in title 4, chapter 5, on the question of whether the person has violated subsection (b). If the commissioner or the commissioner's designee determines that there is clear and convincing evidence that a person has violated subsection (b) and the violation occurred while the person was acting within the scope of practice of a license issued by the state or pursuant to title 67, chapter 4, the commissioner shall request an order consistent with § 4-5-320 , requiring the appropriate regulatory board or local government with respect to business licensure pursuant to title 67, chapter 4, to revoke, suspend, or deny the person's license. The commissioner shall state in the commissioner's findings of fact and conclusions of law whether there have been previous violations of subsection (b).
(B) For the first violation of subsection (b), the commissioner shall order that the regulatory board or local government suspend the person's license until the person shows to the satisfaction of the commissioner that the person is no longer in violation of subsection (b). The showing may be made by the person filing a sworn statement with the commissioner stating that the person is no longer employing illegal aliens.
(C) For a second or subsequent violation of subsection (b) occurring within three (3) years from the issuance of the commissioner's first order, the commissioner shall order that the regulatory agency or local government suspend the license for one (1) year.
(2) Upon receiving a complaint pursuant to this section, consistent with this section, the commissioner or the commissioner's designee shall inform the person against whom the complaint is made that the person may request the name of the person filing the complaint, or if the complaint is filed by an agency or entity, the name of the person who caused the complaint to be filed. If the person requests the name, the commissioner or the commissioner's designee shall provide the name requested.
(f) The department shall notify the appropriate official making declarations pursuant to § 12-3-309 of a person's violation of this section.
(g) The department shall notify the department of homeland security of any person found in violation of this section.
Amended by 2024 Tenn. Acts, ch. 1026,s 1, eff. 7/1/2024.
Amended by 2022 Tenn. Acts, ch. 832, s 1, eff. 4/19/2022.
Acts 1985, ch. 247, § 1; 1986, ch. 847, §§ 1-3; 1989, ch. 591, § 112; 1999, ch. 520, § 41; 2007 , ch. 529, § 1; 2008 , ch. 820, § 1; 2011 , ch. 436, §§ 1 - 4.
Tenn. Code Ann. § 50-6-240 — TN Code / Title 50 / Chapter 6 / Section 50-6-240
Approval or rejection of settlement agreements
Status: in_force

(a) The interested parties shall have the right to settle all matters of compensation between themselves, but all settlements shall be reduced to writing and shall be approved by a judge of the court of workers' compensation claims before they are binding on either party. It shall be the duty of the judge of the court of workers' compensation claims to whom any proposed settlement is presented for approval under this chapter, to examine the proposed settlement to determine whether the employee is receiving, substantially, the benefits provided by this chapter. Upon approving the settlement, a judgment shall be rendered on the settlement by the court of workers' compensation claims and duly entered by the clerk. The cost of the proceeding shall be borne by the employer. In all cases where the settlement proceedings or any other court proceedings for workers' compensation under this chapter involve a subsequent injury wherein the employee would be entitled to receive or is claiming compensation from the subsequent injury and vocational recovery fund provided for in § 50-6-208 , the administrator shall be made a party defendant to the proceedings in an action filed by either the employer or the injured employee, and an attorney representing the bureau under the supervision of the attorney general and reporter shall represent the administrator in the proceeding. The court of workers' compensation claims, by its decree, shall determine the right of the employee to receive compensation from the fund. (b) A workers' compensation judge shall approve or reject settlements submitted to the bureau within three (3) business days after the settlement has been received by the bureau and assigned to a workers' compensation judge for consideration. (c) In approving settlements, a workers' compensation judge shall consider all pertinent factors and if the injured employee is not represented by counsel, then the workers' compensation judge shall thoroughly inform the employee of the scope of benefits available under this chapter and the employee's rights and the procedures necessary to protect those rights. (d) Nothing in this section shall be construed to prohibit the parties from compromising and settling the issue of future medical benefits at any time; provided, that the settlement agreement is approved by a judge of the court of workers' compensation claims, and includes a provision confirming that the employee has been informed of the potential consequences of the settlement, if any, with respect to medicare and TennCare benefits and liabilities. Notwithstanding any other provision of this chapter, an employee who is determined to be permanently and totally disabled shall not be allowed to compromise and settle the employee's rights to future medical benefits. (e) Notwithstanding any other provision of this section, if there is a dispute between the parties as to whether a claim is compensable, or as to the amount of compensation due, the parties may settle the matter without regard to whether the employee is receiving substantially the benefits provided by this chapter; provided, that the settlement is determined by a workers' compensation judge to be in the best interest of the employee. (f) No party may settle a claim for permanent disability benefits unless the settlement agreement has been approved by a workers' compensation judge. Any settlement agreement not approved pursuant to this section is void. Acts 1992, ch. 900, § 15; 1996, ch. 944, § 23; 2013, ch. 289, § 84; 2015, ch. 341, §§ 13, 15; 2016, ch. 816, § 2; 2017, ch. 344, § 1.
(a) The interested parties shall have the right to settle all matters of compensation between themselves, but all settlements shall be reduced to writing and shall be approved by a judge of the court of workers' compensation claims before they are binding on either party. It shall be the duty of the judge of the court of workers' compensation claims to whom any proposed settlement is presented for approval under this chapter, to examine the proposed settlement to determine whether the employee is receiving, substantially, the benefits provided by this chapter. Upon approving the settlement, a judgment shall be rendered on the settlement by the court of workers' compensation claims and duly entered by the clerk. The cost of the proceeding shall be borne by the employer. In all cases where the settlement proceedings or any other court proceedings for workers' compensation under this chapter involve a subsequent injury wherein the employee would be entitled to receive or is claiming compensation from the subsequent injury and vocational recovery fund provided for in § 50-6-208 , the administrator shall be made a party defendant to the proceedings in an action filed by either the employer or the injured employee, and an attorney representing the bureau under the supervision of the attorney general and reporter shall represent the administrator in the proceeding. The court of workers' compensation claims, by its decree, shall determine the right of the employee to receive compensation from the fund.
(b) A workers' compensation judge shall approve or reject settlements submitted to the bureau within three (3) business days after the settlement has been received by the bureau and assigned to a workers' compensation judge for consideration.
(c) In approving settlements, a workers' compensation judge shall consider all pertinent factors and if the injured employee is not represented by counsel, then the workers' compensation judge shall thoroughly inform the employee of the scope of benefits available under this chapter and the employee's rights and the procedures necessary to protect those rights.
(d) Nothing in this section shall be construed to prohibit the parties from compromising and settling the issue of future medical benefits at any time; provided, that the settlement agreement is approved by a judge of the court of workers' compensation claims, and includes a provision confirming that the employee has been informed of the potential consequences of the settlement, if any, with respect to medicare and TennCare benefits and liabilities. Notwithstanding any other provision of this chapter, an employee who is determined to be permanently and totally disabled shall not be allowed to compromise and settle the employee's rights to future medical benefits.
(e) Notwithstanding any other provision of this section, if there is a dispute between the parties as to whether a claim is compensable, or as to the amount of compensation due, the parties may settle the matter without regard to whether the employee is receiving substantially the benefits provided by this chapter; provided, that the settlement is determined by a workers' compensation judge to be in the best interest of the employee.
(f) No party may settle a claim for permanent disability benefits unless the settlement agreement has been approved by a workers' compensation judge. Any settlement agreement not approved pursuant to this section is void.
Acts 1992, ch. 900, § 15; 1996, ch. 944, § 23; 2013, ch. 289, § 84; 2015, ch. 341, §§ 13, 15; 2016, ch. 816, § 2; 2017, ch. 344, § 1.
Tenn. Code Ann. § 50-6-230 — TN Code / Title 50 / Chapter 6 / Section 50-6-230
Reserved
Status: repealed

Repealed by 2013 Tenn. Acts, ch. 289, s 69, eff. 7/1/2014. Acts 1919, ch. 123, § 37; Shan. Supp., § 3608a187; Code 1932, § 6891; T.C.A. (orig. ed.), § 50-1024.
Repealed by 2013 Tenn. Acts, ch. 289, s 69, eff. 7/1/2014.
Acts 1919, ch. 123, § 37; Shan. Supp., § 3608a187; Code 1932, § 6891; T.C.A. (orig. ed.), § 50-1024.
Tenn. Code Ann. § 50-1-1003 — TN Code / Title 50 / Chapter 1 / Section 50-1-1003
Prohibited actions by employers - Permissible actions
Status: in_force

(a) An employer shall not: (1) Request or require an employee or an applicant to disclose a password that allows access to the employee's or applicant's personal internet account; (2) Compel an employee or an applicant to add the employer or an employment agency to the employee's or applicant's list of contacts associated with a personal internet account; (3) Compel an employee or an applicant to access a personal internet account in the presence of the employer in a manner that enables the employer to observe the contents of the employee's or applicant's personal internet account; or (4) Take adverse action, fail to hire, or otherwise penalize an employee or applicant because of a failure to disclose information or take an action specified in subdivisions (a)(1)-(3). (b) Unless otherwise provided by law, an employer is not prohibited from: (1) Requesting or requiring an employee to disclose a username or password required only to gain access to: (A) An electronic communications device supplied by or paid for wholly or in part by the employer; or (B) An account or service provided by the employer that is obtained by virtue of the employee's employment relationship with the employer, or used for the employer's business purposes; (2) Disciplining or discharging an employee for transferring the employer's proprietary or confidential information or financial data to an employee's personal internet account without the employer's authorization; (3) Conducting an investigation or requiring an employee to cooperate in an investigation if: (A) There is specific information on the employee's personal internet account regarding compliance with applicable laws, regulatory requirements, or prohibitions against work-related employee misconduct; or (B) The employer has specific information about an unauthorized transfer of the employer's proprietary information, confidential information, or financial data to an employee's personal internet account; (4) Restricting or prohibiting an employee's access to certain websites while using an electronic communications device supplied by or paid for wholly or in part by the employer or while using an employer's network or resources, in accordance with state and federal law; (5) Monitoring, reviewing, accessing, or blocking electronic data stored on an electronic communications device supplied by or paid for wholly or in part by the employer, or stored on an employer's network, in accordance with state and federal law; (6) Complying with a duty to screen employees or applicants before hiring or to monitor or retain employee communications: (A) That is established under federal law or by a "self-regulatory organization", as defined in the Securities and Exchange Act of 1934 ( 15 U.S.C. § 78c(a) ); (B) For purposes of law enforcement employment; or (C) For purposes of an investigation into law enforcement officer conduct performed by a law enforcement agency; or (7) Viewing, accessing, or using information about an employee or applicant that can be obtained without violating subsection (a) or information that is available in the public domain. (c) Conducting an investigation or requiring an employee to cooperate in an investigation as specified in subdivision (b)(3) includes requiring the employee to share the reported content or information in order to make a factual determination. (d) (1) This part does not create a duty for an employer to search or monitor the activity of a personal internet account. (2) An employer is not liable under this part for a failure to request or require that an employee or applicant grant access to, allow observation of, or disclose information that allows access to or observation of the employee's or applicant's personal internet account. Added by 2014 Tenn. Acts, ch. 826, s 4, eff. 1/1/2015.
(a) An employer shall not: (1) Request or require an employee or an applicant to disclose a password that allows access to the employee's or applicant's personal internet account; (2) Compel an employee or an applicant to add the employer or an employment agency to the employee's or applicant's list of contacts associated with a personal internet account; (3) Compel an employee or an applicant to access a personal internet account in the presence of the employer in a manner that enables the employer to observe the contents of the employee's or applicant's personal internet account; or (4) Take adverse action, fail to hire, or otherwise penalize an employee or applicant because of a failure to disclose information or take an action specified in subdivisions (a)(1)-(3).
(1) Request or require an employee or an applicant to disclose a password that allows access to the employee's or applicant's personal internet account;
(2) Compel an employee or an applicant to add the employer or an employment agency to the employee's or applicant's list of contacts associated with a personal internet account;
(3) Compel an employee or an applicant to access a personal internet account in the presence of the employer in a manner that enables the employer to observe the contents of the employee's or applicant's personal internet account; or
(4) Take adverse action, fail to hire, or otherwise penalize an employee or applicant because of a failure to disclose information or take an action specified in subdivisions (a)(1)-(3).
(b) Unless otherwise provided by law, an employer is not prohibited from: (1) Requesting or requiring an employee to disclose a username or password required only to gain access to: (A) An electronic communications device supplied by or paid for wholly or in part by the employer; or (B) An account or service provided by the employer that is obtained by virtue of the employee's employment relationship with the employer, or used for the employer's business purposes; (2) Disciplining or discharging an employee for transferring the employer's proprietary or confidential information or financial data to an employee's personal internet account without the employer's authorization; (3) Conducting an investigation or requiring an employee to cooperate in an investigation if: (A) There is specific information on the employee's personal internet account regarding compliance with applicable laws, regulatory requirements, or prohibitions against work-related employee misconduct; or (B) The employer has specific information about an unauthorized transfer of the employer's proprietary information, confidential information, or financial data to an employee's personal internet account; (4) Restricting or prohibiting an employee's access to certain websites while using an electronic communications device supplied by or paid for wholly or in part by the employer or while using an employer's network or resources, in accordance with state and federal law; (5) Monitoring, reviewing, accessing, or blocking electronic data stored on an electronic communications device supplied by or paid for wholly or in part by the employer, or stored on an employer's network, in accordance with state and federal law; (6) Complying with a duty to screen employees or applicants before hiring or to monitor or retain employee communications: (A) That is established under federal law or by a "self-regulatory organization", as defined in the Securities and Exchange Act of 1934 ( 15 U.S.C. § 78c(a) ); (B) For purposes of law enforcement employment; or (C) For purposes of an investigation into law enforcement officer conduct performed by a law enforcement agency; or (7) Viewing, accessing, or using information about an employee or applicant that can be obtained without violating subsection (a) or information that is available in the public domain.
(1) Requesting or requiring an employee to disclose a username or password required only to gain access to: (A) An electronic communications device supplied by or paid for wholly or in part by the employer; or (B) An account or service provided by the employer that is obtained by virtue of the employee's employment relationship with the employer, or used for the employer's business purposes;
(A) An electronic communications device supplied by or paid for wholly or in part by the employer; or
(B) An account or service provided by the employer that is obtained by virtue of the employee's employment relationship with the employer, or used for the employer's business purposes;
(2) Disciplining or discharging an employee for transferring the employer's proprietary or confidential information or financial data to an employee's personal internet account without the employer's authorization;
(3) Conducting an investigation or requiring an employee to cooperate in an investigation if: (A) There is specific information on the employee's personal internet account regarding compliance with applicable laws, regulatory requirements, or prohibitions against work-related employee misconduct; or (B) The employer has specific information about an unauthorized transfer of the employer's proprietary information, confidential information, or financial data to an employee's personal internet account;
(A) There is specific information on the employee's personal internet account regarding compliance with applicable laws, regulatory requirements, or prohibitions against work-related employee misconduct; or
(B) The employer has specific information about an unauthorized transfer of the employer's proprietary information, confidential information, or financial data to an employee's personal internet account;
(4) Restricting or prohibiting an employee's access to certain websites while using an electronic communications device supplied by or paid for wholly or in part by the employer or while using an employer's network or resources, in accordance with state and federal law;
(5) Monitoring, reviewing, accessing, or blocking electronic data stored on an electronic communications device supplied by or paid for wholly or in part by the employer, or stored on an employer's network, in accordance with state and federal law;
(6) Complying with a duty to screen employees or applicants before hiring or to monitor or retain employee communications: (A) That is established under federal law or by a "self-regulatory organization", as defined in the Securities and Exchange Act of 1934 ( 15 U.S.C. § 78c(a) ); (B) For purposes of law enforcement employment; or (C) For purposes of an investigation into law enforcement officer conduct performed by a law enforcement agency; or
(A) That is established under federal law or by a "self-regulatory organization", as defined in the Securities and Exchange Act of 1934 ( 15 U.S.C. § 78c(a) );
(B) For purposes of law enforcement employment; or
(C) For purposes of an investigation into law enforcement officer conduct performed by a law enforcement agency; or
(7) Viewing, accessing, or using information about an employee or applicant that can be obtained without violating subsection (a) or information that is available in the public domain.
(c) Conducting an investigation or requiring an employee to cooperate in an investigation as specified in subdivision (b)(3) includes requiring the employee to share the reported content or information in order to make a factual determination.
(d) (1) This part does not create a duty for an employer to search or monitor the activity of a personal internet account. (2) An employer is not liable under this part for a failure to request or require that an employee or applicant grant access to, allow observation of, or disclose information that allows access to or observation of the employee's or applicant's personal internet account.
(1) This part does not create a duty for an employer to search or monitor the activity of a personal internet account.
(2) An employer is not liable under this part for a failure to request or require that an employee or applicant grant access to, allow observation of, or disclose information that allows access to or observation of the employee's or applicant's personal internet account.
Added by 2014 Tenn. Acts, ch. 826, s 4, eff. 1/1/2015.
Tenn. Code Ann. § 50-7-213 — TN Code / Title 50 / Chapter 7 / Section 50-7-213
"Wages" defined
Status: in_force

(a) "Wages" means all remuneration paid for personal services from whatever source, including commissions, bonuses, tips that are both paid to an employee while performing services that constitute employment and included in a written statement furnished by the employee to the employer pursuant to § 6053(a) of the Internal Revenue Code of 1954 ( 26 U.S.C. § 6053(a) ), tips allocated by the employer pursuant to § 6053(c)(3) of the Internal Revenue Code of 1954 ( 26 U.S.C. § 6053(c)(3) ), employee salary reduction contributions to cash or deferred plans pursuant to §§ 401(k), 403(b), 457 ( 26 U.S.C. §§ 401(k) , 403(b) and 457 , respectively), or any similar plan contained in the Internal Revenue Code, employee salary reduction contributions to cafeteria plans pursuant to § 125 of the Internal Revenue Code ( 26 U.S.C. § 125 ), and the cash value of all remuneration in any medium other than cash. The reasonable cash value of any remuneration in any medium other than cash shall be determined in accordance with rules prescribed by the commissioner; provided, that "wages" does not include that part of the remuneration that, after remuneration equal to the taxable wage base, as defined in subsection (e), with respect to employment has been paid to an individual by an employer during any calendar year, is paid to the individual by the employer during the calendar year. The remuneration paid to the individual by the employer during the calendar year in excess of the taxable wage base, as defined in subsection (e), shall be deemed "wages" solely for the purpose of determining the benefit rights under this chapter of the individual. (b) Notwithstanding any other provision of this chapter, "wages" shall always include remuneration paid for services if the employing unit for which the services are performed is liable for any federal tax on the remuneration against which credit may be taken for premiums paid under this chapter. The remuneration paid to an individual by an employer with respect to employment in another state or states, upon which premiums were required of and paid by the employer under an unemployment compensation law of the other state or states, shall be included as a part of remuneration equal to the taxable wage base, referred to in this section, as defined in subsection (e). (c) With respect to weeks of unemployment beginning on or after January 1, 1978, wages for insured work shall include wages paid for previously uncovered services. For the purposes of this subsection (c), "previously uncovered services" means services: (1) That were not employment as defined in § 50-7-207(b)(1) , and were not services covered pursuant to § 50-7-405(d) at any time during the one-year period ending December 31, 1975; and (2) That are: (A) Agricultural labor as defined in § 50-7-207(f) or domestic service as defined in § 50-7-207(b)(8) ; or (B) Services performed by an employee of this state or a political subdivision of the state, as provided in § 50-7-207(b)(3) , or by an employee of a nonprofit educational institution that is not an institution of higher education, as provided in § 50-7-207(c)(5)(D) , except to the extent that assistance under Title II of the Emergency Jobs and Unemployment Assistance Act of 1974, contained in 26 U.S.C. § 3304 note, was paid on the basis of the services. (d) "Wages" does not include: (1) The amount of any payment with respect to services performed on behalf of an individual in its employ under a plan or system established by an employing unit that makes provision for individuals in its employ generally or for a class or classes of the individuals, including any amount paid by an employing unit for insurance or annuities, or into a fund to provide for any such payment on account of: (A) Retirement; (B) Sickness or accident disability made to an employee or any of the employee's dependents that is awarded under a workers' compensation law. Any third party that makes the payment on account of sickness or accident disability to an employee or any of the employee's dependents that is awarded under a workers' compensation law shall be treated, for purposes of this chapter, as the employer with respect to the wages, except as otherwise provided in regulations prescribed by the commissioner; (C) Medical and hospitalization expenses in connection with sickness or accident disability; or (D) Death, provided the individual in its employ does not have: (i) The option to receive, instead of provision for the death benefit, any part of the payment, if the death benefit is insured, any part of the premium, or contributions of premium, paid by the individual's employing unit; and (ii) The right under the provisions of the plan or system or policy of insurance providing for the death benefit to assign the benefit, or to receive a cash consideration in lieu of the benefit either upon the individual's withdrawal from the plan or system providing for the benefit or upon termination of the plan or system or policy of insurance or of the individual's services with the employing unit; (2) The payment of an employer, without deduction from the remuneration of the individual in its employ, of the tax imposed upon an individual in its employ under 26 U.S.C. §§ 3101 and 3102 ; or (3) Any payment on account of sickness or accident disability, or medical or hospitalization expenses in connection with sickness or accident disability, made by an employer to, or on behalf of, an employee after the expiration of six (6) calendar months following the last calendar month in which the employee worked for the employer. (e) For purposes of this chapter, "taxable wage base" means: (1) The first seven thousand dollars ($7,000) paid to each individual employee during any period with respect to the calendar years beginning January 1, 1983, and ending December 31, 2008, and at any time after December 31, 2008, that the unemployment trust fund balance is greater than one billion dollars ($1,000,000,000), as determined in accordance with § 50-7-403(j) ; (2) The first eight thousand dollars ($8,000) paid to each individual employee during any period after December 31, 2008, when the unemployment trust fund balance is greater than nine hundred million dollars ($900,000,000) but lower than or equal to one billion dollars ($1,000,000,000), as determined in accordance with § 50-7-403(j) ; and (3) The first nine thousand dollars ($9,000) paid to each individual employee during the period after December 31, 2008, and at any time after December 31, 2008, that the unemployment trust fund balance is lower than or equal to nine hundred million dollars ($900,000,000), as determined in accordance with § 50-7-403(j) . Amended by 2018 Tenn. Acts, ch. 642, s 2, eff. 7/1/2018. Amended by 2016 Tenn. Acts, ch. 751, s 1, eff. 7/1/2016. Acts 1947, ch. 29, § 2; 1949, ch. 226, § 8; 1949, ch. 249, § 1; C. Supp. 1950; § 6901.2 (Williams, § 6901.26); Acts 1953, ch. 244, § 1; 1955, ch. 115, § 2; 1957, ch. 146, § 2; 1959, ch. 160, § 1; 1963, ch. 176, § 1; 1967, ch. 208, § 1; 1970, ch. 397, § 1; 1971, ch. 204, § 3; 1977, ch. 330, §§ 11, 12; 1980, ch. 641, § 1; T.C.A. (orig. ed.), § 50-1315; Acts 1983, ch. 368, § 3; 1985, ch. 318, §§ 13-16; 1985, ch. 323, §§ 1-4; 1992, ch. 694, §§ 3, 4; 2001, ch. 82, § 1; 2009 , ch. 550, §§ 1 - 3.
(a) "Wages" means all remuneration paid for personal services from whatever source, including commissions, bonuses, tips that are both paid to an employee while performing services that constitute employment and included in a written statement furnished by the employee to the employer pursuant to § 6053(a) of the Internal Revenue Code of 1954 ( 26 U.S.C. § 6053(a) ), tips allocated by the employer pursuant to § 6053(c)(3) of the Internal Revenue Code of 1954 ( 26 U.S.C. § 6053(c)(3) ), employee salary reduction contributions to cash or deferred plans pursuant to §§ 401(k), 403(b), 457 ( 26 U.S.C. §§ 401(k) , 403(b) and 457 , respectively), or any similar plan contained in the Internal Revenue Code, employee salary reduction contributions to cafeteria plans pursuant to § 125 of the Internal Revenue Code ( 26 U.S.C. § 125 ), and the cash value of all remuneration in any medium other than cash. The reasonable cash value of any remuneration in any medium other than cash shall be determined in accordance with rules prescribed by the commissioner; provided, that "wages" does not include that part of the remuneration that, after remuneration equal to the taxable wage base, as defined in subsection (e), with respect to employment has been paid to an individual by an employer during any calendar year, is paid to the individual by the employer during the calendar year. The remuneration paid to the individual by the employer during the calendar year in excess of the taxable wage base, as defined in subsection (e), shall be deemed "wages" solely for the purpose of determining the benefit rights under this chapter of the individual.
(b) Notwithstanding any other provision of this chapter, "wages" shall always include remuneration paid for services if the employing unit for which the services are performed is liable for any federal tax on the remuneration against which credit may be taken for premiums paid under this chapter. The remuneration paid to an individual by an employer with respect to employment in another state or states, upon which premiums were required of and paid by the employer under an unemployment compensation law of the other state or states, shall be included as a part of remuneration equal to the taxable wage base, referred to in this section, as defined in subsection (e).
(c) With respect to weeks of unemployment beginning on or after January 1, 1978, wages for insured work shall include wages paid for previously uncovered services. For the purposes of this subsection (c), "previously uncovered services" means services: (1) That were not employment as defined in § 50-7-207(b)(1) , and were not services covered pursuant to § 50-7-405(d) at any time during the one-year period ending December 31, 1975; and (2) That are: (A) Agricultural labor as defined in § 50-7-207(f) or domestic service as defined in § 50-7-207(b)(8) ; or (B) Services performed by an employee of this state or a political subdivision of the state, as provided in § 50-7-207(b)(3) , or by an employee of a nonprofit educational institution that is not an institution of higher education, as provided in § 50-7-207(c)(5)(D) , except to the extent that assistance under Title II of the Emergency Jobs and Unemployment Assistance Act of 1974, contained in 26 U.S.C. § 3304 note, was paid on the basis of the services.
(1) That were not employment as defined in § 50-7-207(b)(1) , and were not services covered pursuant to § 50-7-405(d) at any time during the one-year period ending December 31, 1975; and
(2) That are: (A) Agricultural labor as defined in § 50-7-207(f) or domestic service as defined in § 50-7-207(b)(8) ; or (B) Services performed by an employee of this state or a political subdivision of the state, as provided in § 50-7-207(b)(3) , or by an employee of a nonprofit educational institution that is not an institution of higher education, as provided in § 50-7-207(c)(5)(D) , except to the extent that assistance under Title II of the Emergency Jobs and Unemployment Assistance Act of 1974, contained in 26 U.S.C. § 3304 note, was paid on the basis of the services.
(A) Agricultural labor as defined in § 50-7-207(f) or domestic service as defined in § 50-7-207(b)(8) ; or
(B) Services performed by an employee of this state or a political subdivision of the state, as provided in § 50-7-207(b)(3) , or by an employee of a nonprofit educational institution that is not an institution of higher education, as provided in § 50-7-207(c)(5)(D) , except to the extent that assistance under Title II of the Emergency Jobs and Unemployment Assistance Act of 1974, contained in 26 U.S.C. § 3304 note, was paid on the basis of the services.
(d) "Wages" does not include: (1) The amount of any payment with respect to services performed on behalf of an individual in its employ under a plan or system established by an employing unit that makes provision for individuals in its employ generally or for a class or classes of the individuals, including any amount paid by an employing unit for insurance or annuities, or into a fund to provide for any such payment on account of: (A) Retirement; (B) Sickness or accident disability made to an employee or any of the employee's dependents that is awarded under a workers' compensation law. Any third party that makes the payment on account of sickness or accident disability to an employee or any of the employee's dependents that is awarded under a workers' compensation law shall be treated, for purposes of this chapter, as the employer with respect to the wages, except as otherwise provided in regulations prescribed by the commissioner; (C) Medical and hospitalization expenses in connection with sickness or accident disability; or (D) Death, provided the individual in its employ does not have: (i) The option to receive, instead of provision for the death benefit, any part of the payment, if the death benefit is insured, any part of the premium, or contributions of premium, paid by the individual's employing unit; and (ii) The right under the provisions of the plan or system or policy of insurance providing for the death benefit to assign the benefit, or to receive a cash consideration in lieu of the benefit either upon the individual's withdrawal from the plan or system providing for the benefit or upon termination of the plan or system or policy of insurance or of the individual's services with the employing unit; (2) The payment of an employer, without deduction from the remuneration of the individual in its employ, of the tax imposed upon an individual in its employ under 26 U.S.C. §§ 3101 and 3102 ; or (3) Any payment on account of sickness or accident disability, or medical or hospitalization expenses in connection with sickness or accident disability, made by an employer to, or on behalf of, an employee after the expiration of six (6) calendar months following the last calendar month in which the employee worked for the employer.
(1) The amount of any payment with respect to services performed on behalf of an individual in its employ under a plan or system established by an employing unit that makes provision for individuals in its employ generally or for a class or classes of the individuals, including any amount paid by an employing unit for insurance or annuities, or into a fund to provide for any such payment on account of: (A) Retirement; (B) Sickness or accident disability made to an employee or any of the employee's dependents that is awarded under a workers' compensation law. Any third party that makes the payment on account of sickness or accident disability to an employee or any of the employee's dependents that is awarded under a workers' compensation law shall be treated, for purposes of this chapter, as the employer with respect to the wages, except as otherwise provided in regulations prescribed by the commissioner; (C) Medical and hospitalization expenses in connection with sickness or accident disability; or (D) Death, provided the individual in its employ does not have: (i) The option to receive, instead of provision for the death benefit, any part of the payment, if the death benefit is insured, any part of the premium, or contributions of premium, paid by the individual's employing unit; and (ii) The right under the provisions of the plan or system or policy of insurance providing for the death benefit to assign the benefit, or to receive a cash consideration in lieu of the benefit either upon the individual's withdrawal from the plan or system providing for the benefit or upon termination of the plan or system or policy of insurance or of the individual's services with the employing unit;
(A) Retirement;
(B) Sickness or accident disability made to an employee or any of the employee's dependents that is awarded under a workers' compensation law. Any third party that makes the payment on account of sickness or accident disability to an employee or any of the employee's dependents that is awarded under a workers' compensation law shall be treated, for purposes of this chapter, as the employer with respect to the wages, except as otherwise provided in regulations prescribed by the commissioner;
(C) Medical and hospitalization expenses in connection with sickness or accident disability; or
(D) Death, provided the individual in its employ does not have: (i) The option to receive, instead of provision for the death benefit, any part of the payment, if the death benefit is insured, any part of the premium, or contributions of premium, paid by the individual's employing unit; and (ii) The right under the provisions of the plan or system or policy of insurance providing for the death benefit to assign the benefit, or to receive a cash consideration in lieu of the benefit either upon the individual's withdrawal from the plan or system providing for the benefit or upon termination of the plan or system or policy of insurance or of the individual's services with the employing unit;
(i) The option to receive, instead of provision for the death benefit, any part of the payment, if the death benefit is insured, any part of the premium, or contributions of premium, paid by the individual's employing unit; and
(ii) The right under the provisions of the plan or system or policy of insurance providing for the death benefit to assign the benefit, or to receive a cash consideration in lieu of the benefit either upon the individual's withdrawal from the plan or system providing for the benefit or upon termination of the plan or system or policy of insurance or of the individual's services with the employing unit;
(2) The payment of an employer, without deduction from the remuneration of the individual in its employ, of the tax imposed upon an individual in its employ under 26 U.S.C. §§ 3101 and 3102 ; or
(3) Any payment on account of sickness or accident disability, or medical or hospitalization expenses in connection with sickness or accident disability, made by an employer to, or on behalf of, an employee after the expiration of six (6) calendar months following the last calendar month in which the employee worked for the employer.
(e) For purposes of this chapter, "taxable wage base" means: (1) The first seven thousand dollars ($7,000) paid to each individual employee during any period with respect to the calendar years beginning January 1, 1983, and ending December 31, 2008, and at any time after December 31, 2008, that the unemployment trust fund balance is greater than one billion dollars ($1,000,000,000), as determined in accordance with § 50-7-403(j) ; (2) The first eight thousand dollars ($8,000) paid to each individual employee during any period after December 31, 2008, when the unemployment trust fund balance is greater than nine hundred million dollars ($900,000,000) but lower than or equal to one billion dollars ($1,000,000,000), as determined in accordance with § 50-7-403(j) ; and (3) The first nine thousand dollars ($9,000) paid to each individual employee during the period after December 31, 2008, and at any time after December 31, 2008, that the unemployment trust fund balance is lower than or equal to nine hundred million dollars ($900,000,000), as determined in accordance with § 50-7-403(j) .
(1) The first seven thousand dollars ($7,000) paid to each individual employee during any period with respect to the calendar years beginning January 1, 1983, and ending December 31, 2008, and at any time after December 31, 2008, that the unemployment trust fund balance is greater than one billion dollars ($1,000,000,000), as determined in accordance with § 50-7-403(j) ;
(2) The first eight thousand dollars ($8,000) paid to each individual employee during any period after December 31, 2008, when the unemployment trust fund balance is greater than nine hundred million dollars ($900,000,000) but lower than or equal to one billion dollars ($1,000,000,000), as determined in accordance with § 50-7-403(j) ; and
(3) The first nine thousand dollars ($9,000) paid to each individual employee during the period after December 31, 2008, and at any time after December 31, 2008, that the unemployment trust fund balance is lower than or equal to nine hundred million dollars ($900,000,000), as determined in accordance with § 50-7-403(j) .
Amended by 2018 Tenn. Acts, ch. 642, s 2, eff. 7/1/2018.
Amended by 2016 Tenn. Acts, ch. 751, s 1, eff. 7/1/2016.
Acts 1947, ch. 29, § 2; 1949, ch. 226, § 8; 1949, ch. 249, § 1; C. Supp. 1950; § 6901.2 (Williams, § 6901.26); Acts 1953, ch. 244, § 1; 1955, ch. 115, § 2; 1957, ch. 146, § 2; 1959, ch. 160, § 1; 1963, ch. 176, § 1; 1967, ch. 208, § 1; 1970, ch. 397, § 1; 1971, ch. 204, § 3; 1977, ch. 330, §§ 11, 12; 1980, ch. 641, § 1; T.C.A. (orig. ed.), § 50-1315; Acts 1983, ch. 368, § 3; 1985, ch. 318, §§ 13-16; 1985, ch. 323, §§ 1-4; 1992, ch. 694, §§ 3, 4; 2001, ch. 82, § 1; 2009 , ch. 550, §§ 1 - 3.
Tenn. Code Ann. § 50-3-905 — TN Code / Title 50 / Chapter 3 / Section 50-3-905
Duties of attorney general and reporter and district attorneys general
Status: in_force

It is the duty of the attorney general and reporter and of the district attorneys general in the various districts of the state to assist the commissioner of labor and workforce development, upon the commissioner's request, and to act promptly upon the commissioner's recommendations for the prosecution of persons alleged to be subject to sanctions under § 50-3-409 or part 5 of this chapter. Acts 1972, ch. 561, § 18; 1974, ch. 585, §§ 27, 37; 1977, ch. 111, § 37; 1979, ch. 422, § 24; T.C.A. § 50-566; Acts 1999, ch. 520, § 41.
It is the duty of the attorney general and reporter and of the district attorneys general in the various districts of the state to assist the commissioner of labor and workforce development, upon the commissioner's request, and to act promptly upon the commissioner's recommendations for the prosecution of persons alleged to be subject to sanctions under § 50-3-409 or part 5 of this chapter.
Acts 1972, ch. 561, § 18; 1974, ch. 585, §§ 27, 37; 1977, ch. 111, § 37; 1979, ch. 422, § 24; T.C.A. § 50-566; Acts 1999, ch. 520, § 41.
Tenn. Code Ann. § 50-6-903 — TN Code / Title 50 / Chapter 6 / Section 50-6-903
Criteria for applying for exemption
Status: in_force

(a) Any construction services provider who meets one (1) of the following criteria may apply for an exemption from § 50-6-902(a) : (1) An officer of a corporation who is engaged in the construction industry; provided, that no more than five (5) officers of one (1) corporation shall be eligible for an exemption; (2) A member of a limited liability company who is engaged in the construction industry if such member owns at least twenty percent (20%) of such company; (3) A partner in a limited partnership, limited liability partnership or a general partnership who is engaged in the construction industry if such partner owns at least twenty percent (20%) of such partnership; (4) A sole proprietor engaged in the construction industry; or (5) An owner of any business entity listed in subdivisions (a)(1)-(3) that is family-owned; provided, that no more than five (5) owners of one (1) family-owned business may be exempt from § 50-6-902(a) . (b) A construction services provider may be eligible for and may utilize multiple exemptions if the construction services provider meets the requirements set out in subsection (a) for each such exemption and complies with § 50-6-904 for each such exemption in which the construction services provider seeks to obtain; provided, however, that a construction services provider applying for a second or subsequent exemption shall not be required to pay the fees set out in § 50-6-912(a)(1) and (2) , but shall instead pay the fee set out in § 50-6-912(a)(9) for each subsequent workers' compensation exemption registration and shall pay the fee set out in § 50-6-912(a)(10) for each subsequent registration renewal. (c) (1) A construction services provider who is an individual and who does not meet the criteria established in subsection (a), but who is a member of a recognized religious sect or division and is an adherent of established tenets or teachers of such sect or division by reason of which such construction services provider is conscientiously opposed to acceptance of the benefits provided by this chapter may apply for an exemption from § 50-6-902(a) ; provided, however, that no more than five (5) individuals associated with one business entity may be exempt from § 50-6-902(a) . (2) Any applicant applying for an exemption from § 50-6-902(a) pursuant to subdivision (c)(1) shall provide an affidavit from the leader of the recognized religious sect or division stating that the individual filing the application for an exemption is a member of the recognized religious sect or division and is exempt, as evidenced by the Internal Revenue Service Form 4029, or similar form used by the internal revenue service. The leader of the recognized religious sect or division shall notify the bureau of workers' compensation and department, in writing, if the member of the recognized religious sect or division who obtains an exemption from § 50-6-902(a) leaves or withdraws membership from the recognized religious sect or division. (3) Each individual employee of a construction services provider who meets the religious exemption requirements pursuant to this subsection (c) shall pay the fees set out in § 50-6-912(a)(1) and (a)(2) . Any collected fees shall be deposited into the employee misclassification education and enforcement fund, pursuant to § 50-6-913 . Amended by 2021 Tenn. Acts, ch. 88, s 3, eff. 1/1/2022. Amended by 2013 Tenn. Acts, ch. 476, s 1, eff. 1/1/2014. Acts 2010 , ch. 1149, § 13; 2011 , ch. 422, § 5.
(a) Any construction services provider who meets one (1) of the following criteria may apply for an exemption from § 50-6-902(a) : (1) An officer of a corporation who is engaged in the construction industry; provided, that no more than five (5) officers of one (1) corporation shall be eligible for an exemption; (2) A member of a limited liability company who is engaged in the construction industry if such member owns at least twenty percent (20%) of such company; (3) A partner in a limited partnership, limited liability partnership or a general partnership who is engaged in the construction industry if such partner owns at least twenty percent (20%) of such partnership; (4) A sole proprietor engaged in the construction industry; or (5) An owner of any business entity listed in subdivisions (a)(1)-(3) that is family-owned; provided, that no more than five (5) owners of one (1) family-owned business may be exempt from § 50-6-902(a) .
(1) An officer of a corporation who is engaged in the construction industry; provided, that no more than five (5) officers of one (1) corporation shall be eligible for an exemption;
(2) A member of a limited liability company who is engaged in the construction industry if such member owns at least twenty percent (20%) of such company;
(3) A partner in a limited partnership, limited liability partnership or a general partnership who is engaged in the construction industry if such partner owns at least twenty percent (20%) of such partnership;
(4) A sole proprietor engaged in the construction industry; or
(5) An owner of any business entity listed in subdivisions (a)(1)-(3) that is family-owned; provided, that no more than five (5) owners of one (1) family-owned business may be exempt from § 50-6-902(a) .
(b) A construction services provider may be eligible for and may utilize multiple exemptions if the construction services provider meets the requirements set out in subsection (a) for each such exemption and complies with § 50-6-904 for each such exemption in which the construction services provider seeks to obtain; provided, however, that a construction services provider applying for a second or subsequent exemption shall not be required to pay the fees set out in § 50-6-912(a)(1) and (2) , but shall instead pay the fee set out in § 50-6-912(a)(9) for each subsequent workers' compensation exemption registration and shall pay the fee set out in § 50-6-912(a)(10) for each subsequent registration renewal.
(c) (1) A construction services provider who is an individual and who does not meet the criteria established in subsection (a), but who is a member of a recognized religious sect or division and is an adherent of established tenets or teachers of such sect or division by reason of which such construction services provider is conscientiously opposed to acceptance of the benefits provided by this chapter may apply for an exemption from § 50-6-902(a) ; provided, however, that no more than five (5) individuals associated with one business entity may be exempt from § 50-6-902(a) . (2) Any applicant applying for an exemption from § 50-6-902(a) pursuant to subdivision (c)(1) shall provide an affidavit from the leader of the recognized religious sect or division stating that the individual filing the application for an exemption is a member of the recognized religious sect or division and is exempt, as evidenced by the Internal Revenue Service Form 4029, or similar form used by the internal revenue service. The leader of the recognized religious sect or division shall notify the bureau of workers' compensation and department, in writing, if the member of the recognized religious sect or division who obtains an exemption from § 50-6-902(a) leaves or withdraws membership from the recognized religious sect or division. (3) Each individual employee of a construction services provider who meets the religious exemption requirements pursuant to this subsection (c) shall pay the fees set out in § 50-6-912(a)(1) and (a)(2) . Any collected fees shall be deposited into the employee misclassification education and enforcement fund, pursuant to § 50-6-913 .
(1) A construction services provider who is an individual and who does not meet the criteria established in subsection (a), but who is a member of a recognized religious sect or division and is an adherent of established tenets or teachers of such sect or division by reason of which such construction services provider is conscientiously opposed to acceptance of the benefits provided by this chapter may apply for an exemption from § 50-6-902(a) ; provided, however, that no more than five (5) individuals associated with one business entity may be exempt from § 50-6-902(a) .
(2) Any applicant applying for an exemption from § 50-6-902(a) pursuant to subdivision (c)(1) shall provide an affidavit from the leader of the recognized religious sect or division stating that the individual filing the application for an exemption is a member of the recognized religious sect or division and is exempt, as evidenced by the Internal Revenue Service Form 4029, or similar form used by the internal revenue service. The leader of the recognized religious sect or division shall notify the bureau of workers' compensation and department, in writing, if the member of the recognized religious sect or division who obtains an exemption from § 50-6-902(a) leaves or withdraws membership from the recognized religious sect or division.
(3) Each individual employee of a construction services provider who meets the religious exemption requirements pursuant to this subsection (c) shall pay the fees set out in § 50-6-912(a)(1) and (a)(2) . Any collected fees shall be deposited into the employee misclassification education and enforcement fund, pursuant to § 50-6-913 .
Amended by 2021 Tenn. Acts, ch. 88, s 3, eff. 1/1/2022.
Amended by 2013 Tenn. Acts, ch. 476, s 1, eff. 1/1/2014.
Acts 2010 , ch. 1149, § 13; 2011 , ch. 422, § 5.
Tenn. Code Ann. § 50-6-419 — TN Code / Title 50 / Chapter 6 / Section 50-6-419
Rules governing settlement of workers' compensation claims
Status: in_force

(a) Notwithstanding any other provision of this part or of title 56 to the contrary, in order to assure that injured employees are treated fairly and to assure that claims are handled in an appropriate and uniform manner, the administrator of the bureau of workers' compensation shall set standards by rule governing the adjustment and settlement of workers' compensation claims by insurance carriers, self-insured employers, and any entity acting on behalf of an insurance carrier or self-insured employer in the resolution of claims brought pursuant to this title. The standards may include, but are not limited to, standards governing contact with an employee after notice of injury has been given, the processing of claims and procedures for making an offer of settlement. (b) The administrator shall promulgate rules and regulations to effectuate the purposes of this section. The rules and regulations shall be promulgated in accordance with the Uniform Administrative Procedures Act, compiled in title 4, chapter 5. (c) (1) The administrator may enforce the standards described in this section, and any rules promulgated pursuant to this section, through assessment of civil penalties pursuant to the Uniform Administrative Procedures Act, compiled in title 4, chapter 5, against any entity employing individuals who adjust workers' compensation claims under this title. Such penalties may be in an amount not less than fifty dollars ($50.00) nor more than five thousand dollars ($5,000) per violation. Each separate act shall constitute a separate violation and may subject the entity to assessment of additional civil penalties. (2) The administrator may also notify: (A) The department of commerce and insurance of any penalties assessed by the bureau pursuant to this section; and (B) The principal corporate office of any insurer of any violations of the standards or rules described in this section. Acts 1996, ch. 944, § 53; 1999, ch. 520, § 41; 2013, ch. 282, § 1; 2015, ch. 341, § 15; 2016, ch. 803, §§ 2, 3.
(a) Notwithstanding any other provision of this part or of title 56 to the contrary, in order to assure that injured employees are treated fairly and to assure that claims are handled in an appropriate and uniform manner, the administrator of the bureau of workers' compensation shall set standards by rule governing the adjustment and settlement of workers' compensation claims by insurance carriers, self-insured employers, and any entity acting on behalf of an insurance carrier or self-insured employer in the resolution of claims brought pursuant to this title. The standards may include, but are not limited to, standards governing contact with an employee after notice of injury has been given, the processing of claims and procedures for making an offer of settlement.
(b) The administrator shall promulgate rules and regulations to effectuate the purposes of this section. The rules and regulations shall be promulgated in accordance with the Uniform Administrative Procedures Act, compiled in title 4, chapter 5.
(c) (1) The administrator may enforce the standards described in this section, and any rules promulgated pursuant to this section, through assessment of civil penalties pursuant to the Uniform Administrative Procedures Act, compiled in title 4, chapter 5, against any entity employing individuals who adjust workers' compensation claims under this title. Such penalties may be in an amount not less than fifty dollars ($50.00) nor more than five thousand dollars ($5,000) per violation. Each separate act shall constitute a separate violation and may subject the entity to assessment of additional civil penalties. (2) The administrator may also notify: (A) The department of commerce and insurance of any penalties assessed by the bureau pursuant to this section; and (B) The principal corporate office of any insurer of any violations of the standards or rules described in this section.
(1) The administrator may enforce the standards described in this section, and any rules promulgated pursuant to this section, through assessment of civil penalties pursuant to the Uniform Administrative Procedures Act, compiled in title 4, chapter 5, against any entity employing individuals who adjust workers' compensation claims under this title. Such penalties may be in an amount not less than fifty dollars ($50.00) nor more than five thousand dollars ($5,000) per violation. Each separate act shall constitute a separate violation and may subject the entity to assessment of additional civil penalties.
(2) The administrator may also notify: (A) The department of commerce and insurance of any penalties assessed by the bureau pursuant to this section; and (B) The principal corporate office of any insurer of any violations of the standards or rules described in this section.
(A) The department of commerce and insurance of any penalties assessed by the bureau pursuant to this section; and
(B) The principal corporate office of any insurer of any violations of the standards or rules described in this section.
Acts 1996, ch. 944, § 53; 1999, ch. 520, § 41; 2013, ch. 282, § 1; 2015, ch. 341, § 15; 2016, ch. 803, §§ 2, 3.