Tenn. Code Ann. § 50-7-302 — TN Code / Title 50 / Chapter 7 / Section 50-7-302
Benefit eligibility conditions
Status: in_force

(a) Personal Eligibility Conditions. An unemployed claimant shall be eligible to receive benefits with respect to any week only if the administrator finds that all of the following conditions are met: (1) The claimant has made a claim for benefits with respect to the week in accordance with rules or regulations the commissioner prescribes; (2) The claimant has furnished to the division of employment security the claimant's social security account number, or numbers, if the claimant has more than one (1) social security account number; (3) The claimant has registered for work, and thereafter continued to report, at an employment office as prescribed by the administrator, except that the administrator may waive or alter either or both of the requirements of this subdivision (a)(3) as to individuals attached to regular jobs and as to such other types of cases or situations with respect to which the administrator finds that compliance with the requirements would be oppressive, or would be inconsistent with the purposes of this chapter; provided, that no prescription, waiver or alteration shall conflict with § 50-7-301(a) ; (4) (A) The claimant is able to work, available for work, and making a reasonable effort to secure work. As used in this subdivision (a)(4)(A), "making a reasonable effort to secure work" means the claimant provides detailed information regarding at least four (4) work search activities per week; (B) The following actions are acceptable work search activities that count toward the requirement of subdivision (a)(4)(A) that a claimant is making a reasonable effort to secure work: (i) A department-approved job search or skills assessment; (ii) Completion of a department-approved job search plan; (iii) Participating in an on-the-job training opportunity; (iv) Taking a civil service exam; (v) Developing a complete resume in the state's employment service system; (vi) Submitting a resume to an employer; (vii) Completing and submitting a job application to an employer; (viii) Attending and completing an interview with an employer; (ix) Attending a job fair; or (x) Completing a skills test assigned by an employer as part of an interview process; (C) (i) The administrator shall: (a) Verify whether claimants are complying with the requirement of at least four (4) work search activities per week; and (b) Disqualify any claimant receiving benefits who the administrator finds has provided false work search information; and (ii) In determining whether the claimant is making a reasonable effort to secure work, the administrator shall consider the customary methods of obtaining work in the claimant's usual occupation or occupation for which the claimant is reasonably qualified, the current condition of the labor market, and any attachment the claimant may have to a regular job; (D) A claimant shall not be considered ineligible in any week of unemployment for failure to comply with this subsection (a) if the failure is due to an illness or disability that occurred after the claimant has registered for work, and no work that would have been considered suitable at the time of the claimant's initial registration has been offered after the beginning of the illness or disability. The administrator may, however, in the administrator's discretion, require the claimant to obtain and submit a certificate by a duly licensed physician as to the illness or disability with respect to each week that the illness or disability exists; (E) An otherwise eligible claimant must not be denied benefits for any week because the claimant is in training with the approval of the administrator, nor may the claimant be denied benefits with respect to any week in which the claimant is in training with the approval of the administrator by reason of the application of this subsection (a) relating to availability for work, or of § 50-7-303(a)(3) relating to failure to apply for, or refusal to accept, suitable work; (F) The unemployment of a claimant for any week or any portion of a week, caused by a plant, departmental, or other type of shutdown for vacation purposes, must not be the basis for a denial of benefits for the week, or portion of a week, if the claimant has not or will not receive any vacation pay from the claimant's employer for the period, when so found by the administrator; (G) An otherwise eligible claimant must not be denied benefits by reason of the application of this subsection (a) who, subsequent to the claimant's enrollment in and while attending a regularly established school, college, or university, has been regularly employed and becomes unemployed and makes the claimant available for all suitable work, as determined by the administrator, to the same extent that the claimant was previously employed while continuing to attend and be enrolled in the regularly established school, college, or university; provided, that if the claimant is offered the same job that the claimant previously held immediately prior to entering the school and refuses the job, then the claimant is ineligible for the benefits provided by this chapter if the job meets the standards set forth in § 50-7-303(a)(3)(A) and (B) as required by applicable federal law; (H) This subsection (a) or any other provision of law must not be construed to deny unemployment benefits to any claimant who is a veteran enrolled in school under the Veterans' Educational Assistance Program, commonly known as the "G.I. Bill" (3 8 U.S.C. § 1650 et seq.), solely because of the claimant's enrollment and attendance in school, if the claimant is otherwise eligible for the benefits, except that if the claimant is offered the same job that the claimant previously held immediately prior to entering the school and refuses the job, then the claimant shall become ineligible for benefits as provided by § 50-7-303(a)(3) if the job meets the standards set forth in § 50-7-303(a)(3)(A) and (B) as required by applicable federal law; and (I) A claimant is ineligible for benefits if the claimant is incarcerated four (4) or more days in any week for which unemployment benefits are being claimed; (5) (A) The claimant has been unemployed for a waiting period of one (1) week. For the purpose of this subsection (a), one (1) week of part total or partial unemployment or other forms of short time work shall be deemed one (1) week of unemployment. No week shall be counted as a week of unemployment for the purposes of this subsection (a), unless: (i) It occurs within the benefit year that includes the week with respect to which the claimant claims payment of benefits; (ii) No benefits have been paid with respect to the week to which the claimant claims payment of benefits; and (iii) The claimant was eligible for benefits with respect to the week to which the claimant claims payment of benefits as provided in § 50-7-303 and this section, except for the requirements of this subsection (a); (B) Benefits shall be payable to a claimant for the waiting period, provided the claimant has made a claim for benefits and is determined to be eligible and certified for benefits in the waiting period and in each of the three (3) consecutive weeks immediately following the waiting period; (C) [Repealed effective July 1, 2022.] (6) The claimant has satisfied the wages requirements of § 50-7-301(b) ; (7) The claimant has satisfied the requirements of § 50-7-301(d) ; and (8) The claimant participates in reemployment services, such as job search assistance services, if the claimant has been determined to be likely to exhaust regular benefits and to need reemployment services pursuant to a profiling system established by the administrator, unless the administrator determines that: (A) The claimant has completed the services; or (B) There is justifiable cause for the claimant's failure to participate in the services. (b) Special Rules. The following special rules shall apply in the circumstances indicated: (1) If the qualifying base period wages of the claimant's current benefit year include wages paid prior to the establishment of a previous benefit year, the claimant shall not be eligible for any benefits under this chapter unless the claimant has been paid wages for insured work performed after the establishment of the previous benefit year equal to at least five (5) times the claimant's weekly benefit amount in the claimant's preceding benefit year; (2) Benefits based on service after December 31, 1977, in employment defined in § 50-7-207(b)(3) and (c)(5) shall be payable in the same amount, on the same terms and subject to the same conditions as benefits payable on the basis of other service subject to this chapter; provided, that: (A) With respect to services performed in an instructional, research or principal administrative capacity for an educational institution, benefits shall not be paid based on the services for any week of unemployment commencing during the period between two (2) successive academic years or terms, or, when an agreement provides instead for a similar period between two (2) regular but not successive terms, during that period, or during a period of paid sabbatical leave provided for in the claimant's contract, to any claimant if the claimant performs the services in the first of the academic years or terms, or if there is a contract or a reasonable assurance that the claimant will perform services in that capacity for any educational institution in the second of the academic years or terms; (B) With respect to services performed in any other capacity for an educational institution: (i) Benefits shall not be paid on the basis of the services to any individual for any week that commences during a period between two (2) successive academic years or terms, if the individual performs the services in the first of the academic years or terms and there is a reasonable assurance that the individual will perform the services in the second of the academic years or terms, except that; (ii) If compensation is denied to any claimant for any week under subdivision (b)(2)(B)(i) and the claimant was not offered an opportunity to perform the services for any educational institution for the second of the academic years or terms, the claimant shall be entitled to a retroactive payment of compensation for each week for which the claimant filed a timely claim for compensation and for which compensation was denied solely by reason of subdivision (b)(2)(B)(i); (C) With respect to weeks of unemployment beginning after December 31, 1977, benefits shall be denied to any claimant for any week that commences during an established and customary vacation period or holiday recess that has been predetermined as part of a school calendar prior to the beginning of each fiscal year if the claimant performs any services described in subdivision (b)(2)(A) or (b)(2)(B) in the period immediately before the vacation period or holiday recess, and there is a reasonable assurance that the claimant will perform any such services in the period immediately following the vacation period or holiday recess; (D) With respect to services performed for any educational institution, benefits shall not be payable on the basis of services in the capacities specified in subdivision (b)(2)(A), (b)(2)(B) or (b)(2)(C) to an individual who performed the services in an educational institution while in the employ of an educational service agency, and for this purpose "educational service agency" means a governmental entity that is established and operated exclusively for the purpose of providing the services to one (1) or more educational institutions; and (E) With respect to services performed for an educational institution, benefits shall not be payable on the basis of services in any such capacities as specified in subdivision (b)(2)(A), (b)(2)(B), or (b)(2)(C) to an individual who provided such services to or on behalf of an educational institution; (3) Benefits shall not be paid to any claimant on the basis of any services, substantially all of which consist of participating in sports or athletic events or training or preparing to so participate, for any week that commences during the period between two (2) successive sport seasons, or similar periods, if the claimant performed the services in the first of the seasons, or similar periods, and there is a reasonable assurance that the claimant will perform the services in the later of the seasons, or similar periods; and (4) (A) Benefits shall not be payable on the basis of services performed by an alien unless the alien is an individual who was lawfully admitted for permanent residence at the time the services were performed, was lawfully present for the purposes of performing the services, or was permanently residing in the United States under color of law at the time the services were performed, including an alien who was lawfully present in the United States as the result of the application of the Immigration and Nationality Act, § 203(a)(7) or § 212(d)(5) ( 8 U.S.C. §§ 1153(a)(7) [deleted by amendment] and 1182(d)(5), respectively); (B) Any data or information required of claimants applying for benefits to determine whether benefits are not payable to them because of their alien status shall be uniformly required from all claimants applying for benefits; (C) In the case of a claimant whose application for benefits would otherwise be approved, no determination that benefits to the claimant are not payable because of the claimant's alien status shall be made except upon a preponderance of the evidence. (c) Partial Unemployment Claims. A penalty in the amount of fifty dollars ($50.00) may be assessed against any employer for failure to file partial claims required by regulations and within the time limits required by regulations for individuals having regular jobs with the employers, but who have sustained underemployment as defined in the regulations. In the event the commissioner finds that the employer had good cause for failure to comply with the regulations, this penalty may be waived. Amended by 2023 Tenn. Acts, ch. 403, s 1, eff. 7/1/2024. Amended by 2021 Tenn. Acts, ch. 538, s 1, eff. 5/25/2021. Amended by 2020 Tenn. Acts, ch. 745, s 2, eff. 6/22/2020. Amended by 2016 Tenn. Acts, ch. 1063, s 1, eff. 7/1/2016. Amended by 2013 Tenn. Acts, ch. 427, s 6, eff. 7/1/2013. Acts 1947, ch. 29, § 4; C. Supp. 1950, § 6901.4 (Williams, § 6901.28); Acts 1951, ch. 139, § 3; 1955, ch. 115, §§ 5, 6; 1957, ch. 146, §§ 4, 5; 1959, ch. 160, § 2; 1959, ch. 202, § 2; 1963, ch. 176, § 3; 1965, ch. 183, § 2; 1971, ch. 204, §§ 4, 5; 1972, ch. 556, §§ 2, 3; 1974, ch. 460, § 4; 1975, ch. 190, § 5; 1975, ch. 367, § 1; 1977, ch. 330, §§ 15-17; 1977, ch. 423, § 1; 1978, ch. 744, §§ 3-7; 1978, ch. 812, § 1; 1979, ch. 336, § 1; 1981, ch. 165, § 1; 1982, ch. 820, § 2; T.C.A. (orig. ed.), § 50-1323; Acts 1983, ch. 368, § 9; 1984, ch. 701, § 2; 1985, ch. 318, § 20; 1985, ch. 323, § 5; 1993, ch. 194, § 12; 1995, ch. 502, §§ 1, 3; 1999, ch. 202, § 1; 2000, ch. 888, § 1; 2009 , ch. 550, § 6; 2011 , ch. 248, § 1; 2012, ch. 1050, §§ 3, 4.
(a) Personal Eligibility Conditions. An unemployed claimant shall be eligible to receive benefits with respect to any week only if the administrator finds that all of the following conditions are met: (1) The claimant has made a claim for benefits with respect to the week in accordance with rules or regulations the commissioner prescribes; (2) The claimant has furnished to the division of employment security the claimant's social security account number, or numbers, if the claimant has more than one (1) social security account number; (3) The claimant has registered for work, and thereafter continued to report, at an employment office as prescribed by the administrator, except that the administrator may waive or alter either or both of the requirements of this subdivision (a)(3) as to individuals attached to regular jobs and as to such other types of cases or situations with respect to which the administrator finds that compliance with the requirements would be oppressive, or would be inconsistent with the purposes of this chapter; provided, that no prescription, waiver or alteration shall conflict with § 50-7-301(a) ; (4) (A) The claimant is able to work, available for work, and making a reasonable effort to secure work. As used in this subdivision (a)(4)(A), "making a reasonable effort to secure work" means the claimant provides detailed information regarding at least four (4) work search activities per week; (B) The following actions are acceptable work search activities that count toward the requirement of subdivision (a)(4)(A) that a claimant is making a reasonable effort to secure work: (i) A department-approved job search or skills assessment; (ii) Completion of a department-approved job search plan; (iii) Participating in an on-the-job training opportunity; (iv) Taking a civil service exam; (v) Developing a complete resume in the state's employment service system; (vi) Submitting a resume to an employer; (vii) Completing and submitting a job application to an employer; (viii) Attending and completing an interview with an employer; (ix) Attending a job fair; or (x) Completing a skills test assigned by an employer as part of an interview process; (C) (i) The administrator shall: (a) Verify whether claimants are complying with the requirement of at least four (4) work search activities per week; and (b) Disqualify any claimant receiving benefits who the administrator finds has provided false work search information; and (ii) In determining whether the claimant is making a reasonable effort to secure work, the administrator shall consider the customary methods of obtaining work in the claimant's usual occupation or occupation for which the claimant is reasonably qualified, the current condition of the labor market, and any attachment the claimant may have to a regular job; (D) A claimant shall not be considered ineligible in any week of unemployment for failure to comply with this subsection (a) if the failure is due to an illness or disability that occurred after the claimant has registered for work, and no work that would have been considered suitable at the time of the claimant's initial registration has been offered after the beginning of the illness or disability. The administrator may, however, in the administrator's discretion, require the claimant to obtain and submit a certificate by a duly licensed physician as to the illness or disability with respect to each week that the illness or disability exists; (E) An otherwise eligible claimant must not be denied benefits for any week because the claimant is in training with the approval of the administrator, nor may the claimant be denied benefits with respect to any week in which the claimant is in training with the approval of the administrator by reason of the application of this subsection (a) relating to availability for work, or of § 50-7-303(a)(3) relating to failure to apply for, or refusal to accept, suitable work; (F) The unemployment of a claimant for any week or any portion of a week, caused by a plant, departmental, or other type of shutdown for vacation purposes, must not be the basis for a denial of benefits for the week, or portion of a week, if the claimant has not or will not receive any vacation pay from the claimant's employer for the period, when so found by the administrator; (G) An otherwise eligible claimant must not be denied benefits by reason of the application of this subsection (a) who, subsequent to the claimant's enrollment in and while attending a regularly established school, college, or university, has been regularly employed and becomes unemployed and makes the claimant available for all suitable work, as determined by the administrator, to the same extent that the claimant was previously employed while continuing to attend and be enrolled in the regularly established school, college, or university; provided, that if the claimant is offered the same job that the claimant previously held immediately prior to entering the school and refuses the job, then the claimant is ineligible for the benefits provided by this chapter if the job meets the standards set forth in § 50-7-303(a)(3)(A) and (B) as required by applicable federal law; (H) This subsection (a) or any other provision of law must not be construed to deny unemployment benefits to any claimant who is a veteran enrolled in school under the Veterans' Educational Assistance Program, commonly known as the "G.I. Bill" (3 8 U.S.C. § 1650 et seq.), solely because of the claimant's enrollment and attendance in school, if the claimant is otherwise eligible for the benefits, except that if the claimant is offered the same job that the claimant previously held immediately prior to entering the school and refuses the job, then the claimant shall become ineligible for benefits as provided by § 50-7-303(a)(3) if the job meets the standards set forth in § 50-7-303(a)(3)(A) and (B) as required by applicable federal law; and (I) A claimant is ineligible for benefits if the claimant is incarcerated four (4) or more days in any week for which unemployment benefits are being claimed; (5) (A) The claimant has been unemployed for a waiting period of one (1) week. For the purpose of this subsection (a), one (1) week of part total or partial unemployment or other forms of short time work shall be deemed one (1) week of unemployment. No week shall be counted as a week of unemployment for the purposes of this subsection (a), unless: (i) It occurs within the benefit year that includes the week with respect to which the claimant claims payment of benefits; (ii) No benefits have been paid with respect to the week to which the claimant claims payment of benefits; and (iii) The claimant was eligible for benefits with respect to the week to which the claimant claims payment of benefits as provided in § 50-7-303 and this section, except for the requirements of this subsection (a); (B) Benefits shall be payable to a claimant for the waiting period, provided the claimant has made a claim for benefits and is determined to be eligible and certified for benefits in the waiting period and in each of the three (3) consecutive weeks immediately following the waiting period; (C) [Repealed effective July 1, 2022.] (6) The claimant has satisfied the wages requirements of § 50-7-301(b) ; (7) The claimant has satisfied the requirements of § 50-7-301(d) ; and (8) The claimant participates in reemployment services, such as job search assistance services, if the claimant has been determined to be likely to exhaust regular benefits and to need reemployment services pursuant to a profiling system established by the administrator, unless the administrator determines that: (A) The claimant has completed the services; or (B) There is justifiable cause for the claimant's failure to participate in the services.
(1) The claimant has made a claim for benefits with respect to the week in accordance with rules or regulations the commissioner prescribes;
(2) The claimant has furnished to the division of employment security the claimant's social security account number, or numbers, if the claimant has more than one (1) social security account number;
(3) The claimant has registered for work, and thereafter continued to report, at an employment office as prescribed by the administrator, except that the administrator may waive or alter either or both of the requirements of this subdivision (a)(3) as to individuals attached to regular jobs and as to such other types of cases or situations with respect to which the administrator finds that compliance with the requirements would be oppressive, or would be inconsistent with the purposes of this chapter; provided, that no prescription, waiver or alteration shall conflict with § 50-7-301(a) ;
(4) (A) The claimant is able to work, available for work, and making a reasonable effort to secure work. As used in this subdivision (a)(4)(A), "making a reasonable effort to secure work" means the claimant provides detailed information regarding at least four (4) work search activities per week; (B) The following actions are acceptable work search activities that count toward the requirement of subdivision (a)(4)(A) that a claimant is making a reasonable effort to secure work: (i) A department-approved job search or skills assessment; (ii) Completion of a department-approved job search plan; (iii) Participating in an on-the-job training opportunity; (iv) Taking a civil service exam; (v) Developing a complete resume in the state's employment service system; (vi) Submitting a resume to an employer; (vii) Completing and submitting a job application to an employer; (viii) Attending and completing an interview with an employer; (ix) Attending a job fair; or (x) Completing a skills test assigned by an employer as part of an interview process; (C) (i) The administrator shall: (a) Verify whether claimants are complying with the requirement of at least four (4) work search activities per week; and (b) Disqualify any claimant receiving benefits who the administrator finds has provided false work search information; and (ii) In determining whether the claimant is making a reasonable effort to secure work, the administrator shall consider the customary methods of obtaining work in the claimant's usual occupation or occupation for which the claimant is reasonably qualified, the current condition of the labor market, and any attachment the claimant may have to a regular job; (D) A claimant shall not be considered ineligible in any week of unemployment for failure to comply with this subsection (a) if the failure is due to an illness or disability that occurred after the claimant has registered for work, and no work that would have been considered suitable at the time of the claimant's initial registration has been offered after the beginning of the illness or disability. The administrator may, however, in the administrator's discretion, require the claimant to obtain and submit a certificate by a duly licensed physician as to the illness or disability with respect to each week that the illness or disability exists; (E) An otherwise eligible claimant must not be denied benefits for any week because the claimant is in training with the approval of the administrator, nor may the claimant be denied benefits with respect to any week in which the claimant is in training with the approval of the administrator by reason of the application of this subsection (a) relating to availability for work, or of § 50-7-303(a)(3) relating to failure to apply for, or refusal to accept, suitable work; (F) The unemployment of a claimant for any week or any portion of a week, caused by a plant, departmental, or other type of shutdown for vacation purposes, must not be the basis for a denial of benefits for the week, or portion of a week, if the claimant has not or will not receive any vacation pay from the claimant's employer for the period, when so found by the administrator; (G) An otherwise eligible claimant must not be denied benefits by reason of the application of this subsection (a) who, subsequent to the claimant's enrollment in and while attending a regularly established school, college, or university, has been regularly employed and becomes unemployed and makes the claimant available for all suitable work, as determined by the administrator, to the same extent that the claimant was previously employed while continuing to attend and be enrolled in the regularly established school, college, or university; provided, that if the claimant is offered the same job that the claimant previously held immediately prior to entering the school and refuses the job, then the claimant is ineligible for the benefits provided by this chapter if the job meets the standards set forth in § 50-7-303(a)(3)(A) and (B) as required by applicable federal law; (H) This subsection (a) or any other provision of law must not be construed to deny unemployment benefits to any claimant who is a veteran enrolled in school under the Veterans' Educational Assistance Program, commonly known as the "G.I. Bill" (3 8 U.S.C. § 1650 et seq.), solely because of the claimant's enrollment and attendance in school, if the claimant is otherwise eligible for the benefits, except that if the claimant is offered the same job that the claimant previously held immediately prior to entering the school and refuses the job, then the claimant shall become ineligible for benefits as provided by § 50-7-303(a)(3) if the job meets the standards set forth in § 50-7-303(a)(3)(A) and (B) as required by applicable federal law; and (I) A claimant is ineligible for benefits if the claimant is incarcerated four (4) or more days in any week for which unemployment benefits are being claimed;
(A) The claimant is able to work, available for work, and making a reasonable effort to secure work. As used in this subdivision (a)(4)(A), "making a reasonable effort to secure work" means the claimant provides detailed information regarding at least four (4) work search activities per week;
(B) The following actions are acceptable work search activities that count toward the requirement of subdivision (a)(4)(A) that a claimant is making a reasonable effort to secure work: (i) A department-approved job search or skills assessment; (ii) Completion of a department-approved job search plan; (iii) Participating in an on-the-job training opportunity; (iv) Taking a civil service exam; (v) Developing a complete resume in the state's employment service system; (vi) Submitting a resume to an employer; (vii) Completing and submitting a job application to an employer; (viii) Attending and completing an interview with an employer; (ix) Attending a job fair; or (x) Completing a skills test assigned by an employer as part of an interview process;
(i) A department-approved job search or skills assessment;
(ii) Completion of a department-approved job search plan;
(iii) Participating in an on-the-job training opportunity;
(iv) Taking a civil service exam;
(v) Developing a complete resume in the state's employment service system;
(vi) Submitting a resume to an employer;
(vii) Completing and submitting a job application to an employer;
(viii) Attending and completing an interview with an employer;
(ix) Attending a job fair; or
(x) Completing a skills test assigned by an employer as part of an interview process;
(C) (i) The administrator shall: (a) Verify whether claimants are complying with the requirement of at least four (4) work search activities per week; and (b) Disqualify any claimant receiving benefits who the administrator finds has provided false work search information; and (ii) In determining whether the claimant is making a reasonable effort to secure work, the administrator shall consider the customary methods of obtaining work in the claimant's usual occupation or occupation for which the claimant is reasonably qualified, the current condition of the labor market, and any attachment the claimant may have to a regular job;
(i) The administrator shall: (a) Verify whether claimants are complying with the requirement of at least four (4) work search activities per week; and (b) Disqualify any claimant receiving benefits who the administrator finds has provided false work search information; and
(a) Verify whether claimants are complying with the requirement of at least four (4) work search activities per week; and
(b) Disqualify any claimant receiving benefits who the administrator finds has provided false work search information; and
(ii) In determining whether the claimant is making a reasonable effort to secure work, the administrator shall consider the customary methods of obtaining work in the claimant's usual occupation or occupation for which the claimant is reasonably qualified, the current condition of the labor market, and any attachment the claimant may have to a regular job;
(D) A claimant shall not be considered ineligible in any week of unemployment for failure to comply with this subsection (a) if the failure is due to an illness or disability that occurred after the claimant has registered for work, and no work that would have been considered suitable at the time of the claimant's initial registration has been offered after the beginning of the illness or disability. The administrator may, however, in the administrator's discretion, require the claimant to obtain and submit a certificate by a duly licensed physician as to the illness or disability with respect to each week that the illness or disability exists;
(E) An otherwise eligible claimant must not be denied benefits for any week because the claimant is in training with the approval of the administrator, nor may the claimant be denied benefits with respect to any week in which the claimant is in training with the approval of the administrator by reason of the application of this subsection (a) relating to availability for work, or of § 50-7-303(a)(3) relating to failure to apply for, or refusal to accept, suitable work;
(F) The unemployment of a claimant for any week or any portion of a week, caused by a plant, departmental, or other type of shutdown for vacation purposes, must not be the basis for a denial of benefits for the week, or portion of a week, if the claimant has not or will not receive any vacation pay from the claimant's employer for the period, when so found by the administrator;
(G) An otherwise eligible claimant must not be denied benefits by reason of the application of this subsection (a) who, subsequent to the claimant's enrollment in and while attending a regularly established school, college, or university, has been regularly employed and becomes unemployed and makes the claimant available for all suitable work, as determined by the administrator, to the same extent that the claimant was previously employed while continuing to attend and be enrolled in the regularly established school, college, or university; provided, that if the claimant is offered the same job that the claimant previously held immediately prior to entering the school and refuses the job, then the claimant is ineligible for the benefits provided by this chapter if the job meets the standards set forth in § 50-7-303(a)(3)(A) and (B) as required by applicable federal law;
(H) This subsection (a) or any other provision of law must not be construed to deny unemployment benefits to any claimant who is a veteran enrolled in school under the Veterans' Educational Assistance Program, commonly known as the "G.I. Bill" (3 8 U.S.C. § 1650 et seq.), solely because of the claimant's enrollment and attendance in school, if the claimant is otherwise eligible for the benefits, except that if the claimant is offered the same job that the claimant previously held immediately prior to entering the school and refuses the job, then the claimant shall become ineligible for benefits as provided by § 50-7-303(a)(3) if the job meets the standards set forth in § 50-7-303(a)(3)(A) and (B) as required by applicable federal law; and
(I) A claimant is ineligible for benefits if the claimant is incarcerated four (4) or more days in any week for which unemployment benefits are being claimed;
(5) (A) The claimant has been unemployed for a waiting period of one (1) week. For the purpose of this subsection (a), one (1) week of part total or partial unemployment or other forms of short time work shall be deemed one (1) week of unemployment. No week shall be counted as a week of unemployment for the purposes of this subsection (a), unless: (i) It occurs within the benefit year that includes the week with respect to which the claimant claims payment of benefits; (ii) No benefits have been paid with respect to the week to which the claimant claims payment of benefits; and (iii) The claimant was eligible for benefits with respect to the week to which the claimant claims payment of benefits as provided in § 50-7-303 and this section, except for the requirements of this subsection (a); (B) Benefits shall be payable to a claimant for the waiting period, provided the claimant has made a claim for benefits and is determined to be eligible and certified for benefits in the waiting period and in each of the three (3) consecutive weeks immediately following the waiting period; (C) [Repealed effective July 1, 2022.]
(A) The claimant has been unemployed for a waiting period of one (1) week. For the purpose of this subsection (a), one (1) week of part total or partial unemployment or other forms of short time work shall be deemed one (1) week of unemployment. No week shall be counted as a week of unemployment for the purposes of this subsection (a), unless: (i) It occurs within the benefit year that includes the week with respect to which the claimant claims payment of benefits; (ii) No benefits have been paid with respect to the week to which the claimant claims payment of benefits; and (iii) The claimant was eligible for benefits with respect to the week to which the claimant claims payment of benefits as provided in § 50-7-303 and this section, except for the requirements of this subsection (a);
(i) It occurs within the benefit year that includes the week with respect to which the claimant claims payment of benefits;
(ii) No benefits have been paid with respect to the week to which the claimant claims payment of benefits; and
(iii) The claimant was eligible for benefits with respect to the week to which the claimant claims payment of benefits as provided in § 50-7-303 and this section, except for the requirements of this subsection (a);
(B) Benefits shall be payable to a claimant for the waiting period, provided the claimant has made a claim for benefits and is determined to be eligible and certified for benefits in the waiting period and in each of the three (3) consecutive weeks immediately following the waiting period;
(C) [Repealed effective July 1, 2022.]
(6) The claimant has satisfied the wages requirements of § 50-7-301(b) ;
(7) The claimant has satisfied the requirements of § 50-7-301(d) ; and
(8) The claimant participates in reemployment services, such as job search assistance services, if the claimant has been determined to be likely to exhaust regular benefits and to need reemployment services pursuant to a profiling system established by the administrator, unless the administrator determines that: (A) The claimant has completed the services; or (B) There is justifiable cause for the claimant's failure to participate in the services.
(A) The claimant has completed the services; or
(B) There is justifiable cause for the claimant's failure to participate in the services.
(b) Special Rules. The following special rules shall apply in the circumstances indicated: (1) If the qualifying base period wages of the claimant's current benefit year include wages paid prior to the establishment of a previous benefit year, the claimant shall not be eligible for any benefits under this chapter unless the claimant has been paid wages for insured work performed after the establishment of the previous benefit year equal to at least five (5) times the claimant's weekly benefit amount in the claimant's preceding benefit year; (2) Benefits based on service after December 31, 1977, in employment defined in § 50-7-207(b)(3) and (c)(5) shall be payable in the same amount, on the same terms and subject to the same conditions as benefits payable on the basis of other service subject to this chapter; provided, that: (A) With respect to services performed in an instructional, research or principal administrative capacity for an educational institution, benefits shall not be paid based on the services for any week of unemployment commencing during the period between two (2) successive academic years or terms, or, when an agreement provides instead for a similar period between two (2) regular but not successive terms, during that period, or during a period of paid sabbatical leave provided for in the claimant's contract, to any claimant if the claimant performs the services in the first of the academic years or terms, or if there is a contract or a reasonable assurance that the claimant will perform services in that capacity for any educational institution in the second of the academic years or terms; (B) With respect to services performed in any other capacity for an educational institution: (i) Benefits shall not be paid on the basis of the services to any individual for any week that commences during a period between two (2) successive academic years or terms, if the individual performs the services in the first of the academic years or terms and there is a reasonable assurance that the individual will perform the services in the second of the academic years or terms, except that; (ii) If compensation is denied to any claimant for any week under subdivision (b)(2)(B)(i) and the claimant was not offered an opportunity to perform the services for any educational institution for the second of the academic years or terms, the claimant shall be entitled to a retroactive payment of compensation for each week for which the claimant filed a timely claim for compensation and for which compensation was denied solely by reason of subdivision (b)(2)(B)(i); (C) With respect to weeks of unemployment beginning after December 31, 1977, benefits shall be denied to any claimant for any week that commences during an established and customary vacation period or holiday recess that has been predetermined as part of a school calendar prior to the beginning of each fiscal year if the claimant performs any services described in subdivision (b)(2)(A) or (b)(2)(B) in the period immediately before the vacation period or holiday recess, and there is a reasonable assurance that the claimant will perform any such services in the period immediately following the vacation period or holiday recess; (D) With respect to services performed for any educational institution, benefits shall not be payable on the basis of services in the capacities specified in subdivision (b)(2)(A), (b)(2)(B) or (b)(2)(C) to an individual who performed the services in an educational institution while in the employ of an educational service agency, and for this purpose "educational service agency" means a governmental entity that is established and operated exclusively for the purpose of providing the services to one (1) or more educational institutions; and (E) With respect to services performed for an educational institution, benefits shall not be payable on the basis of services in any such capacities as specified in subdivision (b)(2)(A), (b)(2)(B), or (b)(2)(C) to an individual who provided such services to or on behalf of an educational institution; (3) Benefits shall not be paid to any claimant on the basis of any services, substantially all of which consist of participating in sports or athletic events or training or preparing to so participate, for any week that commences during the period between two (2) successive sport seasons, or similar periods, if the claimant performed the services in the first of the seasons, or similar periods, and there is a reasonable assurance that the claimant will perform the services in the later of the seasons, or similar periods; and (4) (A) Benefits shall not be payable on the basis of services performed by an alien unless the alien is an individual who was lawfully admitted for permanent residence at the time the services were performed, was lawfully present for the purposes of performing the services, or was permanently residing in the United States under color of law at the time the services were performed, including an alien who was lawfully present in the United States as the result of the application of the Immigration and Nationality Act, § 203(a)(7) or § 212(d)(5) ( 8 U.S.C. §§ 1153(a)(7) [deleted by amendment] and 1182(d)(5), respectively); (B) Any data or information required of claimants applying for benefits to determine whether benefits are not payable to them because of their alien status shall be uniformly required from all claimants applying for benefits; (C) In the case of a claimant whose application for benefits would otherwise be approved, no determination that benefits to the claimant are not payable because of the claimant's alien status shall be made except upon a preponderance of the evidence.
(1) If the qualifying base period wages of the claimant's current benefit year include wages paid prior to the establishment of a previous benefit year, the claimant shall not be eligible for any benefits under this chapter unless the claimant has been paid wages for insured work performed after the establishment of the previous benefit year equal to at least five (5) times the claimant's weekly benefit amount in the claimant's preceding benefit year;
(2) Benefits based on service after December 31, 1977, in employment defined in § 50-7-207(b)(3) and (c)(5) shall be payable in the same amount, on the same terms and subject to the same conditions as benefits payable on the basis of other service subject to this chapter; provided, that: (A) With respect to services performed in an instructional, research or principal administrative capacity for an educational institution, benefits shall not be paid based on the services for any week of unemployment commencing during the period between two (2) successive academic years or terms, or, when an agreement provides instead for a similar period between two (2) regular but not successive terms, during that period, or during a period of paid sabbatical leave provided for in the claimant's contract, to any claimant if the claimant performs the services in the first of the academic years or terms, or if there is a contract or a reasonable assurance that the claimant will perform services in that capacity for any educational institution in the second of the academic years or terms; (B) With respect to services performed in any other capacity for an educational institution: (i) Benefits shall not be paid on the basis of the services to any individual for any week that commences during a period between two (2) successive academic years or terms, if the individual performs the services in the first of the academic years or terms and there is a reasonable assurance that the individual will perform the services in the second of the academic years or terms, except that; (ii) If compensation is denied to any claimant for any week under subdivision (b)(2)(B)(i) and the claimant was not offered an opportunity to perform the services for any educational institution for the second of the academic years or terms, the claimant shall be entitled to a retroactive payment of compensation for each week for which the claimant filed a timely claim for compensation and for which compensation was denied solely by reason of subdivision (b)(2)(B)(i); (C) With respect to weeks of unemployment beginning after December 31, 1977, benefits shall be denied to any claimant for any week that commences during an established and customary vacation period or holiday recess that has been predetermined as part of a school calendar prior to the beginning of each fiscal year if the claimant performs any services described in subdivision (b)(2)(A) or (b)(2)(B) in the period immediately before the vacation period or holiday recess, and there is a reasonable assurance that the claimant will perform any such services in the period immediately following the vacation period or holiday recess; (D) With respect to services performed for any educational institution, benefits shall not be payable on the basis of services in the capacities specified in subdivision (b)(2)(A), (b)(2)(B) or (b)(2)(C) to an individual who performed the services in an educational institution while in the employ of an educational service agency, and for this purpose "educational service agency" means a governmental entity that is established and operated exclusively for the purpose of providing the services to one (1) or more educational institutions; and (E) With respect to services performed for an educational institution, benefits shall not be payable on the basis of services in any such capacities as specified in subdivision (b)(2)(A), (b)(2)(B), or (b)(2)(C) to an individual who provided such services to or on behalf of an educational institution;
(A) With respect to services performed in an instructional, research or principal administrative capacity for an educational institution, benefits shall not be paid based on the services for any week of unemployment commencing during the period between two (2) successive academic years or terms, or, when an agreement provides instead for a similar period between two (2) regular but not successive terms, during that period, or during a period of paid sabbatical leave provided for in the claimant's contract, to any claimant if the claimant performs the services in the first of the academic years or terms, or if there is a contract or a reasonable assurance that the claimant will perform services in that capacity for any educational institution in the second of the academic years or terms;
(B) With respect to services performed in any other capacity for an educational institution: (i) Benefits shall not be paid on the basis of the services to any individual for any week that commences during a period between two (2) successive academic years or terms, if the individual performs the services in the first of the academic years or terms and there is a reasonable assurance that the individual will perform the services in the second of the academic years or terms, except that; (ii) If compensation is denied to any claimant for any week under subdivision (b)(2)(B)(i) and the claimant was not offered an opportunity to perform the services for any educational institution for the second of the academic years or terms, the claimant shall be entitled to a retroactive payment of compensation for each week for which the claimant filed a timely claim for compensation and for which compensation was denied solely by reason of subdivision (b)(2)(B)(i);
(i) Benefits shall not be paid on the basis of the services to any individual for any week that commences during a period between two (2) successive academic years or terms, if the individual performs the services in the first of the academic years or terms and there is a reasonable assurance that the individual will perform the services in the second of the academic years or terms, except that;
(ii) If compensation is denied to any claimant for any week under subdivision (b)(2)(B)(i) and the claimant was not offered an opportunity to perform the services for any educational institution for the second of the academic years or terms, the claimant shall be entitled to a retroactive payment of compensation for each week for which the claimant filed a timely claim for compensation and for which compensation was denied solely by reason of subdivision (b)(2)(B)(i);
(C) With respect to weeks of unemployment beginning after December 31, 1977, benefits shall be denied to any claimant for any week that commences during an established and customary vacation period or holiday recess that has been predetermined as part of a school calendar prior to the beginning of each fiscal year if the claimant performs any services described in subdivision (b)(2)(A) or (b)(2)(B) in the period immediately before the vacation period or holiday recess, and there is a reasonable assurance that the claimant will perform any such services in the period immediately following the vacation period or holiday recess;
(D) With respect to services performed for any educational institution, benefits shall not be payable on the basis of services in the capacities specified in subdivision (b)(2)(A), (b)(2)(B) or (b)(2)(C) to an individual who performed the services in an educational institution while in the employ of an educational service agency, and for this purpose "educational service agency" means a governmental entity that is established and operated exclusively for the purpose of providing the services to one (1) or more educational institutions; and
(E) With respect to services performed for an educational institution, benefits shall not be payable on the basis of services in any such capacities as specified in subdivision (b)(2)(A), (b)(2)(B), or (b)(2)(C) to an individual who provided such services to or on behalf of an educational institution;
(3) Benefits shall not be paid to any claimant on the basis of any services, substantially all of which consist of participating in sports or athletic events or training or preparing to so participate, for any week that commences during the period between two (2) successive sport seasons, or similar periods, if the claimant performed the services in the first of the seasons, or similar periods, and there is a reasonable assurance that the claimant will perform the services in the later of the seasons, or similar periods; and
(4) (A) Benefits shall not be payable on the basis of services performed by an alien unless the alien is an individual who was lawfully admitted for permanent residence at the time the services were performed, was lawfully present for the purposes of performing the services, or was permanently residing in the United States under color of law at the time the services were performed, including an alien who was lawfully present in the United States as the result of the application of the Immigration and Nationality Act, § 203(a)(7) or § 212(d)(5) ( 8 U.S.C. §§ 1153(a)(7) [deleted by amendment] and 1182(d)(5), respectively); (B) Any data or information required of claimants applying for benefits to determine whether benefits are not payable to them because of their alien status shall be uniformly required from all claimants applying for benefits; (C) In the case of a claimant whose application for benefits would otherwise be approved, no determination that benefits to the claimant are not payable because of the claimant's alien status shall be made except upon a preponderance of the evidence.
(A) Benefits shall not be payable on the basis of services performed by an alien unless the alien is an individual who was lawfully admitted for permanent residence at the time the services were performed, was lawfully present for the purposes of performing the services, or was permanently residing in the United States under color of law at the time the services were performed, including an alien who was lawfully present in the United States as the result of the application of the Immigration and Nationality Act, § 203(a)(7) or § 212(d)(5) ( 8 U.S.C. §§ 1153(a)(7) [deleted by amendment] and 1182(d)(5), respectively);
(B) Any data or information required of claimants applying for benefits to determine whether benefits are not payable to them because of their alien status shall be uniformly required from all claimants applying for benefits;
(C) In the case of a claimant whose application for benefits would otherwise be approved, no determination that benefits to the claimant are not payable because of the claimant's alien status shall be made except upon a preponderance of the evidence.
(c) Partial Unemployment Claims. A penalty in the amount of fifty dollars ($50.00) may be assessed against any employer for failure to file partial claims required by regulations and within the time limits required by regulations for individuals having regular jobs with the employers, but who have sustained underemployment as defined in the regulations. In the event the commissioner finds that the employer had good cause for failure to comply with the regulations, this penalty may be waived.
Amended by 2023 Tenn. Acts, ch. 403, s 1, eff. 7/1/2024.
Amended by 2021 Tenn. Acts, ch. 538, s 1, eff. 5/25/2021.
Amended by 2020 Tenn. Acts, ch. 745, s 2, eff. 6/22/2020.
Amended by 2016 Tenn. Acts, ch. 1063, s 1, eff. 7/1/2016.
Amended by 2013 Tenn. Acts, ch. 427, s 6, eff. 7/1/2013.
Acts 1947, ch. 29, § 4; C. Supp. 1950, § 6901.4 (Williams, § 6901.28); Acts 1951, ch. 139, § 3; 1955, ch. 115, §§ 5, 6; 1957, ch. 146, §§ 4, 5; 1959, ch. 160, § 2; 1959, ch. 202, § 2; 1963, ch. 176, § 3; 1965, ch. 183, § 2; 1971, ch. 204, §§ 4, 5; 1972, ch. 556, §§ 2, 3; 1974, ch. 460, § 4; 1975, ch. 190, § 5; 1975, ch. 367, § 1; 1977, ch. 330, §§ 15-17; 1977, ch. 423, § 1; 1978, ch. 744, §§ 3-7; 1978, ch. 812, § 1; 1979, ch. 336, § 1; 1981, ch. 165, § 1; 1982, ch. 820, § 2; T.C.A. (orig. ed.), § 50-1323; Acts 1983, ch. 368, § 9; 1984, ch. 701, § 2; 1985, ch. 318, § 20; 1985, ch. 323, § 5; 1993, ch. 194, § 12; 1995, ch. 502, §§ 1, 3; 1999, ch. 202, § 1; 2000, ch. 888, § 1; 2009 , ch. 550, § 6; 2011 , ch. 248, § 1; 2012, ch. 1050, §§ 3, 4.
Tenn. Code Ann. § 50-7-205 — TN Code / Title 50 / Chapter 7 / Section 50-7-205
"Employer" defined
Status: in_force

"Employer" means: (1) Any employing unit that, after December 31, 1971: (A) In any calendar quarter, in either the current or preceding calendar year, paid for service in employment wages of one thousand five hundred dollars ($1,500) or more; or (B) For some portion of a day in each of twenty (20) different calendar weeks, whether or not the weeks were consecutive, in either the current or the preceding calendar year, had in employment at least one (1) individual, regardless of whether the same individual was in employment on each day; (2) Any employing unit that has been determined to be a successor of an employer pursuant to § 50-7-403(b)(2) ; (3) Any employing unit not an employer by reason of any other paragraph of this section, for which within either the current or preceding calendar year services in employment are or were performed with respect to which the employing unit is liable for any federal tax against which credit may be taken for contributions required to be paid into a state unemployment compensation fund; (4) Any employing unit for which service in employment as defined in § 50-7-207(b)(3) is performed, except as provided in subdivision (11); (5) Any employing unit for which service in employment as defined in § 50-7-207(b)(4) and (c)(5) is performed after December 31, 1971, except as provided in subdivision (11); (6) Any employing unit that, having become an employer under this chapter has not, under § 50-7-405 , ceased to be an employer subject to this chapter; (7) For the effective period of its election pursuant to § 50-7-405(d) , any employing unit that has elected to become fully subject to this chapter; (8) For purposes of this section, "employment" includes service that would constitute employment but for the fact that the service is deemed to be performed entirely within another state pursuant to an election under an arrangement entered into in accordance with § 50-7-706 by the commissioner and an agency charged with the administration of any other state or federal unemployment compensation law; (9) For purposes of this section, if any week includes both December 31 and January 1, the days of that week up to January 1 shall be deemed one (1) calendar week and the days beginning January 1 another week; (10) (A) Any employing unit for which agricultural labor, as defined in § 50-7-207(b)(7) and (c)(3) , is performed after December 31, 1977; (B) Any employing unit for which domestic service in employment, as defined in § 50-7-207(b)(8) , is performed after December 31, 1977; and (11) (A) In determining whether or not an employing unit for which service other than domestic service is also performed is an employer under subdivision (1), (4), (5) or (10)(A), the wages paid to or the employment of an employee performing domestic service after December 31, 1977, shall not be taken into account. If an employing unit is determined an employer of agricultural labor, the employing unit shall be determined an employer for the purposes of subdivision (1); (B) In determining whether or not an employing unit for which service other than agricultural labor is also performed is an employer under subdivision (1), (4), (5) or (10)(B), the wages paid to or the employment of an employee performing service in agricultural labor after December 31, 1977, shall not be taken into account. If an employing unit is determined an employer of agricultural labor, the employing unit shall be determined an employer for the purposes of subdivision (1). Acts 1947, ch. 29, § 2; C. Supp. 1950, § 6901.2 (Williams, § 6901.26); Acts 1955, ch. 21, § 1; 1955, ch. 115, § 1; 1971, ch. 204, § 1; 1977, ch. 330, § 1; T.C.A. (orig. ed.), § 50-1308; Acts 1984, ch. 702, §§ 1, 2; 1985, ch. 318, §§ 5-10; T.C.A., § 50-7-206 ; Acts 2005, ch. 357, § 1.
"Employer" means:
(1) Any employing unit that, after December 31, 1971: (A) In any calendar quarter, in either the current or preceding calendar year, paid for service in employment wages of one thousand five hundred dollars ($1,500) or more; or (B) For some portion of a day in each of twenty (20) different calendar weeks, whether or not the weeks were consecutive, in either the current or the preceding calendar year, had in employment at least one (1) individual, regardless of whether the same individual was in employment on each day;
(A) In any calendar quarter, in either the current or preceding calendar year, paid for service in employment wages of one thousand five hundred dollars ($1,500) or more; or
(B) For some portion of a day in each of twenty (20) different calendar weeks, whether or not the weeks were consecutive, in either the current or the preceding calendar year, had in employment at least one (1) individual, regardless of whether the same individual was in employment on each day;
(2) Any employing unit that has been determined to be a successor of an employer pursuant to § 50-7-403(b)(2) ;
(3) Any employing unit not an employer by reason of any other paragraph of this section, for which within either the current or preceding calendar year services in employment are or were performed with respect to which the employing unit is liable for any federal tax against which credit may be taken for contributions required to be paid into a state unemployment compensation fund;
(4) Any employing unit for which service in employment as defined in § 50-7-207(b)(3) is performed, except as provided in subdivision (11);
(5) Any employing unit for which service in employment as defined in § 50-7-207(b)(4) and (c)(5) is performed after December 31, 1971, except as provided in subdivision (11);
(6) Any employing unit that, having become an employer under this chapter has not, under § 50-7-405 , ceased to be an employer subject to this chapter;
(7) For the effective period of its election pursuant to § 50-7-405(d) , any employing unit that has elected to become fully subject to this chapter;
(8) For purposes of this section, "employment" includes service that would constitute employment but for the fact that the service is deemed to be performed entirely within another state pursuant to an election under an arrangement entered into in accordance with § 50-7-706 by the commissioner and an agency charged with the administration of any other state or federal unemployment compensation law;
(9) For purposes of this section, if any week includes both December 31 and January 1, the days of that week up to January 1 shall be deemed one (1) calendar week and the days beginning January 1 another week;
(10) (A) Any employing unit for which agricultural labor, as defined in § 50-7-207(b)(7) and (c)(3) , is performed after December 31, 1977; (B) Any employing unit for which domestic service in employment, as defined in § 50-7-207(b)(8) , is performed after December 31, 1977; and
(A) Any employing unit for which agricultural labor, as defined in § 50-7-207(b)(7) and (c)(3) , is performed after December 31, 1977;
(B) Any employing unit for which domestic service in employment, as defined in § 50-7-207(b)(8) , is performed after December 31, 1977; and
(11) (A) In determining whether or not an employing unit for which service other than domestic service is also performed is an employer under subdivision (1), (4), (5) or (10)(A), the wages paid to or the employment of an employee performing domestic service after December 31, 1977, shall not be taken into account. If an employing unit is determined an employer of agricultural labor, the employing unit shall be determined an employer for the purposes of subdivision (1); (B) In determining whether or not an employing unit for which service other than agricultural labor is also performed is an employer under subdivision (1), (4), (5) or (10)(B), the wages paid to or the employment of an employee performing service in agricultural labor after December 31, 1977, shall not be taken into account. If an employing unit is determined an employer of agricultural labor, the employing unit shall be determined an employer for the purposes of subdivision (1).
(A) In determining whether or not an employing unit for which service other than domestic service is also performed is an employer under subdivision (1), (4), (5) or (10)(A), the wages paid to or the employment of an employee performing domestic service after December 31, 1977, shall not be taken into account. If an employing unit is determined an employer of agricultural labor, the employing unit shall be determined an employer for the purposes of subdivision (1);
(B) In determining whether or not an employing unit for which service other than agricultural labor is also performed is an employer under subdivision (1), (4), (5) or (10)(B), the wages paid to or the employment of an employee performing service in agricultural labor after December 31, 1977, shall not be taken into account. If an employing unit is determined an employer of agricultural labor, the employing unit shall be determined an employer for the purposes of subdivision (1).
Acts 1947, ch. 29, § 2; C. Supp. 1950, § 6901.2 (Williams, § 6901.26); Acts 1955, ch. 21, § 1; 1955, ch. 115, § 1; 1971, ch. 204, § 1; 1977, ch. 330, § 1; T.C.A. (orig. ed.), § 50-1308; Acts 1984, ch. 702, §§ 1, 2; 1985, ch. 318, §§ 5-10; T.C.A., § 50-7-206 ; Acts 2005, ch. 357, § 1.
Tenn. Code Ann. § 50-6-1007 — TN Code / Title 50 / Chapter 6 / Section 50-6-1007
Defaults
Status: in_force

(a) The commissioner shall promptly notify the association in writing that a member self-insurer has failed to timely pay workers' compensation liabilities when due. The notification must be issued to the member self-insurer and the association. Upon receipt of such notice by the commissioner, the association shall promptly take possession of all physical and electronic claims files of the member self-insurer. This subsection (a) does not require the commissioner or the association to proactively investigate a possible failure by a member self-insurer to pay workers' compensation liabilities. (b) The association is not liable for the administration of any claims, nor the payment of any losses or allocated or unallocated loss adjustment expenses, including costs of claims administration and legal fees, related to an employer who defaulted prior to the effective date of this part, nor penalties assessed for an act or omission on the part of a person other than the association. (c) The association shall commence payment of the self-insured employer's claim obligations for which it is liable within thirty (30) days of notification. Payments must be made to claimants whose entitlement to benefits can be ascertained by the association. Notwithstanding this subsection (c), the association is not liable for the payment or reimbursement of the allocated or unallocated loss adjustment expenses, including costs of claims administered and legal fees incurred by the member self-insurer prior to the association assuming administration of the claims. Upon the assumption of obligations by the association, the association has a right to immediate possession of any posted security and the custodian, surety, or issuer of any irrevocable letter of credit must turn over the security to the association, together with the interest that has accrued since the date of the employer's default or insolvency. (d) The payment of benefits by the association from security deposit proceeds releases and discharges any custodian of the security deposit or surety, issuer of a letter of credit, and the employer from liability to fulfill obligations to provide those same benefits as compensation but does not release a person from any liability to the association for full reimbursement. Payment by a surety constitutes a full release of the surety's liability under the bond to the extent of that payment and entitles the surety to full reimbursement by the principal or the principal's estate. Full reimbursement includes necessary attorney fees and other costs and expenses, without prior claim or proceedings on the part of the injured employee or other beneficiaries. (e) The association must be a party in interest in all proceedings involving compensation claims against an insolvent self-insurer whose compensation obligations have been paid or assumed by the association. The association has the same rights and defenses as the insolvent employer, including the right to: (1) Appear, defend, and appeal claims; and (2) Receive notice of, investigate, adjust, handle, compromise, settle, deny, and pay claims. (f) The commissioner shall promptly advise the association after receipt of information indicating that an employer may be unable to meet its workers' compensation obligations. Added by 2024 Tenn. Acts, ch. 666,s 1, eff. 4/9/2024.
(a) The commissioner shall promptly notify the association in writing that a member self-insurer has failed to timely pay workers' compensation liabilities when due. The notification must be issued to the member self-insurer and the association. Upon receipt of such notice by the commissioner, the association shall promptly take possession of all physical and electronic claims files of the member self-insurer. This subsection (a) does not require the commissioner or the association to proactively investigate a possible failure by a member self-insurer to pay workers' compensation liabilities.
(b) The association is not liable for the administration of any claims, nor the payment of any losses or allocated or unallocated loss adjustment expenses, including costs of claims administration and legal fees, related to an employer who defaulted prior to the effective date of this part, nor penalties assessed for an act or omission on the part of a person other than the association.
(c) The association shall commence payment of the self-insured employer's claim obligations for which it is liable within thirty (30) days of notification. Payments must be made to claimants whose entitlement to benefits can be ascertained by the association. Notwithstanding this subsection (c), the association is not liable for the payment or reimbursement of the allocated or unallocated loss adjustment expenses, including costs of claims administered and legal fees incurred by the member self-insurer prior to the association assuming administration of the claims. Upon the assumption of obligations by the association, the association has a right to immediate possession of any posted security and the custodian, surety, or issuer of any irrevocable letter of credit must turn over the security to the association, together with the interest that has accrued since the date of the employer's default or insolvency.
(d) The payment of benefits by the association from security deposit proceeds releases and discharges any custodian of the security deposit or surety, issuer of a letter of credit, and the employer from liability to fulfill obligations to provide those same benefits as compensation but does not release a person from any liability to the association for full reimbursement. Payment by a surety constitutes a full release of the surety's liability under the bond to the extent of that payment and entitles the surety to full reimbursement by the principal or the principal's estate. Full reimbursement includes necessary attorney fees and other costs and expenses, without prior claim or proceedings on the part of the injured employee or other beneficiaries.
(e) The association must be a party in interest in all proceedings involving compensation claims against an insolvent self-insurer whose compensation obligations have been paid or assumed by the association. The association has the same rights and defenses as the insolvent employer, including the right to: (1) Appear, defend, and appeal claims; and (2) Receive notice of, investigate, adjust, handle, compromise, settle, deny, and pay claims.
(1) Appear, defend, and appeal claims; and
(2) Receive notice of, investigate, adjust, handle, compromise, settle, deny, and pay claims.
(f) The commissioner shall promptly advise the association after receipt of information indicating that an employer may be unable to meet its workers' compensation obligations.
Added by 2024 Tenn. Acts, ch. 666,s 1, eff. 4/9/2024.
Tenn. Code Ann. § 50-7-909 — TN Code / Title 50 / Chapter 7 / Section 50-7-909
Eligibility for compensation
Status: in_force

(a) An individual is eligible to receive shared work benefits with respect to any week only if, in addition to monetary entitlement, the administrator finds that: (1) During the week, the individual is employed as a member of an affected group under an approved shared work benefits plan that was approved before that week, and the plan is in effect with respect to the week for which the benefits are claimed; and (2) During the week, the individual is able to work and is available for the normal work week with the shared work employer. However, an otherwise eligible individual shall not be denied benefits with respect to any week in which the individual is in training to enhance job skills, including employer-sponsored training or worker training funded under the Workforce Innovation and Opportunity Act ( 29 U.S.C. § 3101 et seq.), if the training has been approved by the administrator. (b) Notwithstanding other provisions of this chapter to the contrary, an individual is deemed unemployed in any week for which remuneration is payable to the individual as an employee in an affected group for ninety percent (90%) or less than the individual's normal weekly hours of work as specified under the approved shared work benefits plan in effect for the week. (c) Notwithstanding other provisions of this chapter to the contrary, an individual shall not be denied shared work benefits for any week by reason of the application of provisions relating to availability for work and active search for work with an employer other than the shared work employer. Added by 2022 Tenn. Acts, ch. 1086, s 1, eff. 12/1/2023.
(a) An individual is eligible to receive shared work benefits with respect to any week only if, in addition to monetary entitlement, the administrator finds that: (1) During the week, the individual is employed as a member of an affected group under an approved shared work benefits plan that was approved before that week, and the plan is in effect with respect to the week for which the benefits are claimed; and (2) During the week, the individual is able to work and is available for the normal work week with the shared work employer. However, an otherwise eligible individual shall not be denied benefits with respect to any week in which the individual is in training to enhance job skills, including employer-sponsored training or worker training funded under the Workforce Innovation and Opportunity Act ( 29 U.S.C. § 3101 et seq.), if the training has been approved by the administrator.
(1) During the week, the individual is employed as a member of an affected group under an approved shared work benefits plan that was approved before that week, and the plan is in effect with respect to the week for which the benefits are claimed; and
(2) During the week, the individual is able to work and is available for the normal work week with the shared work employer. However, an otherwise eligible individual shall not be denied benefits with respect to any week in which the individual is in training to enhance job skills, including employer-sponsored training or worker training funded under the Workforce Innovation and Opportunity Act ( 29 U.S.C. § 3101 et seq.), if the training has been approved by the administrator.
(b) Notwithstanding other provisions of this chapter to the contrary, an individual is deemed unemployed in any week for which remuneration is payable to the individual as an employee in an affected group for ninety percent (90%) or less than the individual's normal weekly hours of work as specified under the approved shared work benefits plan in effect for the week.
(c) Notwithstanding other provisions of this chapter to the contrary, an individual shall not be denied shared work benefits for any week by reason of the application of provisions relating to availability for work and active search for work with an employer other than the shared work employer.
Added by 2022 Tenn. Acts, ch. 1086, s 1, eff. 12/1/2023.
Tenn. Code Ann. § 50-2-114 — TN Code / Title 50 / Chapter 2 / Section 50-2-114
Payment of federal minimum wage
Status: in_force

(a) An employer shall pay an employee no less than the federal minimum wage under 29 U.S.C. § 206 , regardless of the subminimum wage authorized pursuant to 29 U.S.C. § 214(c) . (b) As used in this section: (1) "Employee" means a person born or naturalized in the United States and subject to the jurisdiction thereof, or a person legally present in this country, either of whom is employed by an employer; and (2) "Employer" includes an individual, partnership, association, corporation, business trust, legal representative, or organized group of persons, not involved in interstate commerce, acting directly or indirectly in the interest of an employer in relation to an employee. Added by 2022 Tenn. Acts, ch. 870, s 2, eff. 7/1/2022.
(a) An employer shall pay an employee no less than the federal minimum wage under 29 U.S.C. § 206 , regardless of the subminimum wage authorized pursuant to 29 U.S.C. § 214(c) .
(b) As used in this section: (1) "Employee" means a person born or naturalized in the United States and subject to the jurisdiction thereof, or a person legally present in this country, either of whom is employed by an employer; and (2) "Employer" includes an individual, partnership, association, corporation, business trust, legal representative, or organized group of persons, not involved in interstate commerce, acting directly or indirectly in the interest of an employer in relation to an employee.
(1) "Employee" means a person born or naturalized in the United States and subject to the jurisdiction thereof, or a person legally present in this country, either of whom is employed by an employer; and
(2) "Employer" includes an individual, partnership, association, corporation, business trust, legal representative, or organized group of persons, not involved in interstate commerce, acting directly or indirectly in the interest of an employer in relation to an employee.
Added by 2022 Tenn. Acts, ch. 870, s 2, eff. 7/1/2022.
Tenn. Code Ann. § 50-6-412 — TN Code / Title 50 / Chapter 6 / Section 50-6-412
[Effective Until 7/1/2029] Penalties for noncompliance with insurance requirements
Status: in_force

(a) The administrator of the bureau of workers' compensation or the administrator's designee has the authority to issue a subpoena to require an employer doing business in the state to produce any and all books, documents or other tangible things that may be relevant to or reasonably calculated to lead to the discovery of relevant information necessary to determine whether an employer is subject to this chapter, or has secured payment of compensation pursuant to this chapter, and to determine the amount of any monetary penalty that is required to be assessed against an employer for failure to secure payment of compensation pursuant to this chapter. (b) (1) The bureau shall assess against an employer who has failed to comply with subdivision (a)(1) or (a)(2) a penalty equal to one and one-half (1 1/2) times the average yearly workers' compensation premium determined based upon applying applicable assigned risk rates to the employer's average yearly wages or payroll for the period of non-compliance, minus the premium dollars paid, if any, during the non-compliance. If the employer is engaged in the construction industry, as defined in § 50-6-901 , then the penalty assessment shall not be less than one thousand dollars ($1,000). (2) If the administrator or administrator's designee determines the period of noncompliance with this chapter, is less than one (1) year, any assessed monetary penalty shall be prorated; however, the monetary penalty shall not be less than an amount equal to one (1) month's premium of the average yearly workers' compensation premium for the employer based on the appropriate assigned risk plan advisory prospective loss cost and multiplier. (3) If any monetary penalty assessed against an employer is held in abeyance pursuant to this section, the period of abeyance shall be two (2) years. Any abated penalty becomes void upon the expiration of the two-year period; provided, that the employer remained subject to this chapter, during the two-year period and continuously secured payment of compensation as required by law. Any abated penalty becomes voidable, if within the two-year period, the employer provides notice to the administrator that the employer is no longer subject to this chapter and upon concurrence of the administrator that the employer is no longer subject to this chapter, the penalty shall become void. Any abated penalty shall become due and payable immediately if, within the two-year period, the employer continues to be subject to this chapter and fails to secure payment of compensation as required by law. (4) The administrator shall advise an employer of the amount of any assessed monetary penalty in writing and shall include the date on which the monetary penalty shall be due and payable. (c) (1) When the records of the bureau of workers' compensation indicate, or when the bureau's investigation of an employer indicates, that an employer is subject to this chapter, and has failed to secure payment of compensation as required by this chapter, the bureau shall so notify the employer by certified letter, return receipt requested. (2) The bureau shall require the employer to provide, within fifteen (15) calendar days of the receipt of the certified letter, either proof that the employer had secured payment of compensation as required by this chapter or a verifiable sworn affidavit, with supporting documentation, that the employer is exempt from this chapter. (3) The certified letter shall also advise the employer of the monetary penalties that may be assessed against the employer if it is determined by the administrator or the administrator's designee that the employer has failed to secure payment of compensation as required by this chapter and shall advise the employer of the criminal penalties to which the employer may be subject for the failure. (d) (1) If the employer responds to the certified letter within fifteen (15) calendar days of its receipt and the administrator or the administrator's designee determines that the employer has secured payment of compensation as required by this chapter, or that the employer is not subject to this chapter, no monetary penalty shall be assessed. (2) If the employer responds to the certified letter within fifteen (15) calendar days of its receipt and the administrator or the administrator's designee determines that the employer is subject to this chapter and that the employer has secured the payment of compensation since the date of receipt of the certified letter, the administrator or the administrator's designee shall issue a decision assessing a monetary penalty to the employer equal to one and one-half (1 1/2) times the average yearly workers' compensation premium, or if the employer is engaged in the construction industry, as defined in § 50-6-901 , the greater of one thousand dollars ($1,000) or one and one-half (1 1/2) times the average yearly workers' compensation premium. (e) (1) (A) If the employer fails to respond to the certified letter within fifteen (15) calendar days of its receipt or the employer responds to the certified letter but does not provide a verifiable sworn affidavit of exemption, the administrator or the administrator's designee shall issue a decision assessing two (2) penalties. The administrator or administrator's designee shall send the decision to the employer by certified mail, return receipt requested, to the employer's last known address, according to the bureau's records. (B) The first monetary penalty shall be equal to one and one-half (1 1/2) times the average yearly workers' compensation premium, or if the employer is engaged in the construction industry, as defined in § 50-6- 901, the greater of one thousand dollars ($1,000) or one and one-half (1 1/2) times the average yearly workers' compensation premium. (C) The second monetary penalty shall be equal to the average yearly workers' compensation premium for such employer. (2) The administrator's or administrator's designee's decision shall notify the employer of all monetary penalties that have been assessed against the employer and the criminal penalties to which the employer may be subject. (3) The administrator's or administrator's designee's decision shall advise the employer that it may request a contested case hearing to show cause why it should not have been assessed penalties for failure to comply with the workers' compensation law or to challenge the amount of the penalties assessed. Such a request must be made to the bureau in writing within fifteen (15) calendar days of receipt of the administrator's or administrator's designee's decision assessing monetary penalties. If such request is not timely made, the decision becomes final. (4) The employer has the burden of proof at the contested case hearing and shall produce documentary evidence that the penalties should be reduced, that the employer is not subject to this chapter, or that the employer was in compliance with this chapter. (5) The contested case hearing shall be scheduled to be heard in a timely manner, not to exceed forty-five (45) calendar days from the date of the employer's timely written request for a contested case hearing pursuant to subdivision (e)(3). (f) (1) If the administrator or the administrator's designee determines at the contested case hearing that the employer is not subject to this chapter, or that the employer had secured and continues to secure payment of compensation as required by this chapter, all monetary penalties shall be void. (2) If the administrator or the administrator's designee determines at the contested case hearing that the employer is subject to this chapter and that the employer has come into compliance with this chapter by securing payment of compensation prior to the date of the contested case hearing, the first monetary penalty equal to one and one-half (1 1/2) times the average yearly workers' compensation premium, or if the employer is engaged in the construction industry, as defined in § 50-6-901 , the greater of one thousand dollars ($1,000) or one and one-half (1 1/2) times the average yearly workers' compensation premium shall be due; however, the second monetary penalty equal to the average yearly workers' compensation premium shall be held in abeyance. (3) If the administrator or the administrator's designee determines at the contested case hearing that the employer is subject to this chapter and that the employer has failed to secure payment of compensation as required by this chapter, the employer shall be ordered to procure workers' compensation insurance coverage and to provide the bureau with proof of coverage within five (5) days of the issuance of the order, excluding Saturdays, Sundays and holidays. If the employer obtains workers' compensation insurance coverage and provides the bureau with proof of coverage as ordered, the first monetary penalty equal to one and one-half (1 1/2) times the average yearly workers' compensation premium, or if the employer is engaged in the construction industry, as defined in § 50-6-901 , the greater of one thousand dollars ($1,000) or one and one-half (1 1/2) times the average yearly workers' compensation premium shall be due; however, the second monetary penalty equal to the average yearly workers' compensation premium shall be held in abeyance. (4) If the employer fails to obtain workers' compensation insurance coverage as ordered by the administrator or administrator's designee within the required time period, all monetary penalties, totaling two and one-half (2 1/2) times the average yearly workers' compensation premium, or if the employer is engaged in the construction industry, as defined in § 50-6-901 , the greater of two thousand dollars ($2,000) or two and one-half (2 1/2) times the average yearly workers' compensation premium, shall be immediately due and payable. (g) [Deleted by 2021 amendment.] (h) (1) In the event an employer engaged in the construction industry, as defined in § 50-6-901 , fails to comply with the requirements of this chapter, by failing to secure payment two (2) or more times within a five-year period, then the administrator shall issue a monetary penalty against the employer that is the greater of three thousand dollars ($3,000) or three (3) times the average yearly workers' compensation premium for each second or subsequent violation. (2) (A) In the event an employer engaged in the construction industry, as defined in § 50-6-901 , fails to comply with the requirements of this chapter, by failing to secure payment two (2) or more times within a five-year period, such employer shall be permanently prohibited from obtaining an exemption pursuant to part 9 of this chapter. (B) For purposes of subdivision (h)(2)(A), "such employer" includes any construction services provider, as defined by § 50-6-901 , who applies for or has ever received a workers' compensation exemption pursuant to part 9 of this chapter using the same federal employer identification number as the employer who fails to comply with the requirements of this chapter. (i) (1) The administrator has the authority to seek an injunction in the chancery court of Davidson County to prohibit an employer from operating its business in any way until the employer has complied with an order by the administrator or the administrator's designee to obtain workers' compensation insurance coverage. (2) In the event an employer fails to comply with the requirements of this chapter, by failing to secure payment of compensation on a second or subsequent occasion, the administrator shall have the authority to seek an injunction in the chancery court of Davidson County to prohibit the employer from operating its business in any way until the employer provides proof that it has complied with this chapter by securing payment of compensation. (j) The employer shall have the right to appeal, pursuant to the Uniform Administrative Procedures Act, compiled at title 4, chapter 5, any decision made by or order issued by the administrator or the administrator's designee pursuant to this section. (k) (1) A successor in interest, as defined in § 50-6-411(d)(1) , is liable for any penalty issued under this section against a construction services provider. (2) A person or entity designated as a successor in interest may appeal a penalty assessment by requesting a contested case hearing pursuant to subsection (e). (3) The administrator or the administrator's designee may waive a penalty against a successor in interest for good cause. Amended by 2024 Tenn. Acts, ch. 532,s 5, eff. 6/30/2024. Amended by 2021 Tenn. Acts, ch. 189, s 2, eff. 7/1/2021; Section 10 of the Act as amended by 2024 Tenn. Acts, ch. 532 provides: "This act ceases to exist July 1, 2029, at which time the provisions of law changed by this act that were in effect on June 30, 2021, will be revived." Amended by 2021 Tenn. Acts, ch. 88, s 12, eff. 1/1/2022. Amended by 2021 Tenn. Acts, ch. 88, s 11, eff. 1/1/2022. Amended by 2020 Tenn. Acts, ch. 682, s 6, eff. 6/15/2020. Amended by 2015 Tenn. Acts, ch. 341, s 17, eff. 5/4/2015. Amended by 2014 Tenn. Acts, ch. 903, s 8, eff. 5/13/2014. Acts 1992, ch. 900, § 23; 1999, ch. 520, § 41; 2000, ch. 972, § 4; 2010 , ch. 1149, §§ 8 - 12. This section is set out more than once due to postponed, multiple, or conflicting amendments.
(a) The administrator of the bureau of workers' compensation or the administrator's designee has the authority to issue a subpoena to require an employer doing business in the state to produce any and all books, documents or other tangible things that may be relevant to or reasonably calculated to lead to the discovery of relevant information necessary to determine whether an employer is subject to this chapter, or has secured payment of compensation pursuant to this chapter, and to determine the amount of any monetary penalty that is required to be assessed against an employer for failure to secure payment of compensation pursuant to this chapter.
(b) (1) The bureau shall assess against an employer who has failed to comply with subdivision (a)(1) or (a)(2) a penalty equal to one and one-half (1 1/2) times the average yearly workers' compensation premium determined based upon applying applicable assigned risk rates to the employer's average yearly wages or payroll for the period of non-compliance, minus the premium dollars paid, if any, during the non-compliance. If the employer is engaged in the construction industry, as defined in § 50-6-901 , then the penalty assessment shall not be less than one thousand dollars ($1,000). (2) If the administrator or administrator's designee determines the period of noncompliance with this chapter, is less than one (1) year, any assessed monetary penalty shall be prorated; however, the monetary penalty shall not be less than an amount equal to one (1) month's premium of the average yearly workers' compensation premium for the employer based on the appropriate assigned risk plan advisory prospective loss cost and multiplier. (3) If any monetary penalty assessed against an employer is held in abeyance pursuant to this section, the period of abeyance shall be two (2) years. Any abated penalty becomes void upon the expiration of the two-year period; provided, that the employer remained subject to this chapter, during the two-year period and continuously secured payment of compensation as required by law. Any abated penalty becomes voidable, if within the two-year period, the employer provides notice to the administrator that the employer is no longer subject to this chapter and upon concurrence of the administrator that the employer is no longer subject to this chapter, the penalty shall become void. Any abated penalty shall become due and payable immediately if, within the two-year period, the employer continues to be subject to this chapter and fails to secure payment of compensation as required by law. (4) The administrator shall advise an employer of the amount of any assessed monetary penalty in writing and shall include the date on which the monetary penalty shall be due and payable.
(1) The bureau shall assess against an employer who has failed to comply with subdivision (a)(1) or (a)(2) a penalty equal to one and one-half (1 1/2) times the average yearly workers' compensation premium determined based upon applying applicable assigned risk rates to the employer's average yearly wages or payroll for the period of non-compliance, minus the premium dollars paid, if any, during the non-compliance. If the employer is engaged in the construction industry, as defined in § 50-6-901 , then the penalty assessment shall not be less than one thousand dollars ($1,000).
(2) If the administrator or administrator's designee determines the period of noncompliance with this chapter, is less than one (1) year, any assessed monetary penalty shall be prorated; however, the monetary penalty shall not be less than an amount equal to one (1) month's premium of the average yearly workers' compensation premium for the employer based on the appropriate assigned risk plan advisory prospective loss cost and multiplier.
(3) If any monetary penalty assessed against an employer is held in abeyance pursuant to this section, the period of abeyance shall be two (2) years. Any abated penalty becomes void upon the expiration of the two-year period; provided, that the employer remained subject to this chapter, during the two-year period and continuously secured payment of compensation as required by law. Any abated penalty becomes voidable, if within the two-year period, the employer provides notice to the administrator that the employer is no longer subject to this chapter and upon concurrence of the administrator that the employer is no longer subject to this chapter, the penalty shall become void. Any abated penalty shall become due and payable immediately if, within the two-year period, the employer continues to be subject to this chapter and fails to secure payment of compensation as required by law.
(4) The administrator shall advise an employer of the amount of any assessed monetary penalty in writing and shall include the date on which the monetary penalty shall be due and payable.
(c) (1) When the records of the bureau of workers' compensation indicate, or when the bureau's investigation of an employer indicates, that an employer is subject to this chapter, and has failed to secure payment of compensation as required by this chapter, the bureau shall so notify the employer by certified letter, return receipt requested. (2) The bureau shall require the employer to provide, within fifteen (15) calendar days of the receipt of the certified letter, either proof that the employer had secured payment of compensation as required by this chapter or a verifiable sworn affidavit, with supporting documentation, that the employer is exempt from this chapter. (3) The certified letter shall also advise the employer of the monetary penalties that may be assessed against the employer if it is determined by the administrator or the administrator's designee that the employer has failed to secure payment of compensation as required by this chapter and shall advise the employer of the criminal penalties to which the employer may be subject for the failure.
(1) When the records of the bureau of workers' compensation indicate, or when the bureau's investigation of an employer indicates, that an employer is subject to this chapter, and has failed to secure payment of compensation as required by this chapter, the bureau shall so notify the employer by certified letter, return receipt requested.
(2) The bureau shall require the employer to provide, within fifteen (15) calendar days of the receipt of the certified letter, either proof that the employer had secured payment of compensation as required by this chapter or a verifiable sworn affidavit, with supporting documentation, that the employer is exempt from this chapter.
(3) The certified letter shall also advise the employer of the monetary penalties that may be assessed against the employer if it is determined by the administrator or the administrator's designee that the employer has failed to secure payment of compensation as required by this chapter and shall advise the employer of the criminal penalties to which the employer may be subject for the failure.
(d) (1) If the employer responds to the certified letter within fifteen (15) calendar days of its receipt and the administrator or the administrator's designee determines that the employer has secured payment of compensation as required by this chapter, or that the employer is not subject to this chapter, no monetary penalty shall be assessed. (2) If the employer responds to the certified letter within fifteen (15) calendar days of its receipt and the administrator or the administrator's designee determines that the employer is subject to this chapter and that the employer has secured the payment of compensation since the date of receipt of the certified letter, the administrator or the administrator's designee shall issue a decision assessing a monetary penalty to the employer equal to one and one-half (1 1/2) times the average yearly workers' compensation premium, or if the employer is engaged in the construction industry, as defined in § 50-6-901 , the greater of one thousand dollars ($1,000) or one and one-half (1 1/2) times the average yearly workers' compensation premium.
(1) If the employer responds to the certified letter within fifteen (15) calendar days of its receipt and the administrator or the administrator's designee determines that the employer has secured payment of compensation as required by this chapter, or that the employer is not subject to this chapter, no monetary penalty shall be assessed.
(2) If the employer responds to the certified letter within fifteen (15) calendar days of its receipt and the administrator or the administrator's designee determines that the employer is subject to this chapter and that the employer has secured the payment of compensation since the date of receipt of the certified letter, the administrator or the administrator's designee shall issue a decision assessing a monetary penalty to the employer equal to one and one-half (1 1/2) times the average yearly workers' compensation premium, or if the employer is engaged in the construction industry, as defined in § 50-6-901 , the greater of one thousand dollars ($1,000) or one and one-half (1 1/2) times the average yearly workers' compensation premium.
(e) (1) (A) If the employer fails to respond to the certified letter within fifteen (15) calendar days of its receipt or the employer responds to the certified letter but does not provide a verifiable sworn affidavit of exemption, the administrator or the administrator's designee shall issue a decision assessing two (2) penalties. The administrator or administrator's designee shall send the decision to the employer by certified mail, return receipt requested, to the employer's last known address, according to the bureau's records. (B) The first monetary penalty shall be equal to one and one-half (1 1/2) times the average yearly workers' compensation premium, or if the employer is engaged in the construction industry, as defined in § 50-6- 901, the greater of one thousand dollars ($1,000) or one and one-half (1 1/2) times the average yearly workers' compensation premium. (C) The second monetary penalty shall be equal to the average yearly workers' compensation premium for such employer. (2) The administrator's or administrator's designee's decision shall notify the employer of all monetary penalties that have been assessed against the employer and the criminal penalties to which the employer may be subject. (3) The administrator's or administrator's designee's decision shall advise the employer that it may request a contested case hearing to show cause why it should not have been assessed penalties for failure to comply with the workers' compensation law or to challenge the amount of the penalties assessed. Such a request must be made to the bureau in writing within fifteen (15) calendar days of receipt of the administrator's or administrator's designee's decision assessing monetary penalties. If such request is not timely made, the decision becomes final. (4) The employer has the burden of proof at the contested case hearing and shall produce documentary evidence that the penalties should be reduced, that the employer is not subject to this chapter, or that the employer was in compliance with this chapter. (5) The contested case hearing shall be scheduled to be heard in a timely manner, not to exceed forty-five (45) calendar days from the date of the employer's timely written request for a contested case hearing pursuant to subdivision (e)(3).
(1) (A) If the employer fails to respond to the certified letter within fifteen (15) calendar days of its receipt or the employer responds to the certified letter but does not provide a verifiable sworn affidavit of exemption, the administrator or the administrator's designee shall issue a decision assessing two (2) penalties. The administrator or administrator's designee shall send the decision to the employer by certified mail, return receipt requested, to the employer's last known address, according to the bureau's records. (B) The first monetary penalty shall be equal to one and one-half (1 1/2) times the average yearly workers' compensation premium, or if the employer is engaged in the construction industry, as defined in § 50-6- 901, the greater of one thousand dollars ($1,000) or one and one-half (1 1/2) times the average yearly workers' compensation premium. (C) The second monetary penalty shall be equal to the average yearly workers' compensation premium for such employer.
(A) If the employer fails to respond to the certified letter within fifteen (15) calendar days of its receipt or the employer responds to the certified letter but does not provide a verifiable sworn affidavit of exemption, the administrator or the administrator's designee shall issue a decision assessing two (2) penalties. The administrator or administrator's designee shall send the decision to the employer by certified mail, return receipt requested, to the employer's last known address, according to the bureau's records.
(B) The first monetary penalty shall be equal to one and one-half (1 1/2) times the average yearly workers' compensation premium, or if the employer is engaged in the construction industry, as defined in § 50-6- 901, the greater of one thousand dollars ($1,000) or one and one-half (1 1/2) times the average yearly workers' compensation premium.
(C) The second monetary penalty shall be equal to the average yearly workers' compensation premium for such employer.
(2) The administrator's or administrator's designee's decision shall notify the employer of all monetary penalties that have been assessed against the employer and the criminal penalties to which the employer may be subject.
(3) The administrator's or administrator's designee's decision shall advise the employer that it may request a contested case hearing to show cause why it should not have been assessed penalties for failure to comply with the workers' compensation law or to challenge the amount of the penalties assessed. Such a request must be made to the bureau in writing within fifteen (15) calendar days of receipt of the administrator's or administrator's designee's decision assessing monetary penalties. If such request is not timely made, the decision becomes final.
(4) The employer has the burden of proof at the contested case hearing and shall produce documentary evidence that the penalties should be reduced, that the employer is not subject to this chapter, or that the employer was in compliance with this chapter.
(5) The contested case hearing shall be scheduled to be heard in a timely manner, not to exceed forty-five (45) calendar days from the date of the employer's timely written request for a contested case hearing pursuant to subdivision (e)(3).
(f) (1) If the administrator or the administrator's designee determines at the contested case hearing that the employer is not subject to this chapter, or that the employer had secured and continues to secure payment of compensation as required by this chapter, all monetary penalties shall be void. (2) If the administrator or the administrator's designee determines at the contested case hearing that the employer is subject to this chapter and that the employer has come into compliance with this chapter by securing payment of compensation prior to the date of the contested case hearing, the first monetary penalty equal to one and one-half (1 1/2) times the average yearly workers' compensation premium, or if the employer is engaged in the construction industry, as defined in § 50-6-901 , the greater of one thousand dollars ($1,000) or one and one-half (1 1/2) times the average yearly workers' compensation premium shall be due; however, the second monetary penalty equal to the average yearly workers' compensation premium shall be held in abeyance. (3) If the administrator or the administrator's designee determines at the contested case hearing that the employer is subject to this chapter and that the employer has failed to secure payment of compensation as required by this chapter, the employer shall be ordered to procure workers' compensation insurance coverage and to provide the bureau with proof of coverage within five (5) days of the issuance of the order, excluding Saturdays, Sundays and holidays. If the employer obtains workers' compensation insurance coverage and provides the bureau with proof of coverage as ordered, the first monetary penalty equal to one and one-half (1 1/2) times the average yearly workers' compensation premium, or if the employer is engaged in the construction industry, as defined in § 50-6-901 , the greater of one thousand dollars ($1,000) or one and one-half (1 1/2) times the average yearly workers' compensation premium shall be due; however, the second monetary penalty equal to the average yearly workers' compensation premium shall be held in abeyance. (4) If the employer fails to obtain workers' compensation insurance coverage as ordered by the administrator or administrator's designee within the required time period, all monetary penalties, totaling two and one-half (2 1/2) times the average yearly workers' compensation premium, or if the employer is engaged in the construction industry, as defined in § 50-6-901 , the greater of two thousand dollars ($2,000) or two and one-half (2 1/2) times the average yearly workers' compensation premium, shall be immediately due and payable.
(1) If the administrator or the administrator's designee determines at the contested case hearing that the employer is not subject to this chapter, or that the employer had secured and continues to secure payment of compensation as required by this chapter, all monetary penalties shall be void.
(2) If the administrator or the administrator's designee determines at the contested case hearing that the employer is subject to this chapter and that the employer has come into compliance with this chapter by securing payment of compensation prior to the date of the contested case hearing, the first monetary penalty equal to one and one-half (1 1/2) times the average yearly workers' compensation premium, or if the employer is engaged in the construction industry, as defined in § 50-6-901 , the greater of one thousand dollars ($1,000) or one and one-half (1 1/2) times the average yearly workers' compensation premium shall be due; however, the second monetary penalty equal to the average yearly workers' compensation premium shall be held in abeyance.
(3) If the administrator or the administrator's designee determines at the contested case hearing that the employer is subject to this chapter and that the employer has failed to secure payment of compensation as required by this chapter, the employer shall be ordered to procure workers' compensation insurance coverage and to provide the bureau with proof of coverage within five (5) days of the issuance of the order, excluding Saturdays, Sundays and holidays. If the employer obtains workers' compensation insurance coverage and provides the bureau with proof of coverage as ordered, the first monetary penalty equal to one and one-half (1 1/2) times the average yearly workers' compensation premium, or if the employer is engaged in the construction industry, as defined in § 50-6-901 , the greater of one thousand dollars ($1,000) or one and one-half (1 1/2) times the average yearly workers' compensation premium shall be due; however, the second monetary penalty equal to the average yearly workers' compensation premium shall be held in abeyance.
(4) If the employer fails to obtain workers' compensation insurance coverage as ordered by the administrator or administrator's designee within the required time period, all monetary penalties, totaling two and one-half (2 1/2) times the average yearly workers' compensation premium, or if the employer is engaged in the construction industry, as defined in § 50-6-901 , the greater of two thousand dollars ($2,000) or two and one-half (2 1/2) times the average yearly workers' compensation premium, shall be immediately due and payable.
(g) [Deleted by 2021 amendment.]
(h) (1) In the event an employer engaged in the construction industry, as defined in § 50-6-901 , fails to comply with the requirements of this chapter, by failing to secure payment two (2) or more times within a five-year period, then the administrator shall issue a monetary penalty against the employer that is the greater of three thousand dollars ($3,000) or three (3) times the average yearly workers' compensation premium for each second or subsequent violation. (2) (A) In the event an employer engaged in the construction industry, as defined in § 50-6-901 , fails to comply with the requirements of this chapter, by failing to secure payment two (2) or more times within a five-year period, such employer shall be permanently prohibited from obtaining an exemption pursuant to part 9 of this chapter. (B) For purposes of subdivision (h)(2)(A), "such employer" includes any construction services provider, as defined by § 50-6-901 , who applies for or has ever received a workers' compensation exemption pursuant to part 9 of this chapter using the same federal employer identification number as the employer who fails to comply with the requirements of this chapter.
(1) In the event an employer engaged in the construction industry, as defined in § 50-6-901 , fails to comply with the requirements of this chapter, by failing to secure payment two (2) or more times within a five-year period, then the administrator shall issue a monetary penalty against the employer that is the greater of three thousand dollars ($3,000) or three (3) times the average yearly workers' compensation premium for each second or subsequent violation.
(2) (A) In the event an employer engaged in the construction industry, as defined in § 50-6-901 , fails to comply with the requirements of this chapter, by failing to secure payment two (2) or more times within a five-year period, such employer shall be permanently prohibited from obtaining an exemption pursuant to part 9 of this chapter. (B) For purposes of subdivision (h)(2)(A), "such employer" includes any construction services provider, as defined by § 50-6-901 , who applies for or has ever received a workers' compensation exemption pursuant to part 9 of this chapter using the same federal employer identification number as the employer who fails to comply with the requirements of this chapter.
(A) In the event an employer engaged in the construction industry, as defined in § 50-6-901 , fails to comply with the requirements of this chapter, by failing to secure payment two (2) or more times within a five-year period, such employer shall be permanently prohibited from obtaining an exemption pursuant to part 9 of this chapter.
(B) For purposes of subdivision (h)(2)(A), "such employer" includes any construction services provider, as defined by § 50-6-901 , who applies for or has ever received a workers' compensation exemption pursuant to part 9 of this chapter using the same federal employer identification number as the employer who fails to comply with the requirements of this chapter.
(i) (1) The administrator has the authority to seek an injunction in the chancery court of Davidson County to prohibit an employer from operating its business in any way until the employer has complied with an order by the administrator or the administrator's designee to obtain workers' compensation insurance coverage. (2) In the event an employer fails to comply with the requirements of this chapter, by failing to secure payment of compensation on a second or subsequent occasion, the administrator shall have the authority to seek an injunction in the chancery court of Davidson County to prohibit the employer from operating its business in any way until the employer provides proof that it has complied with this chapter by securing payment of compensation.
(1) The administrator has the authority to seek an injunction in the chancery court of Davidson County to prohibit an employer from operating its business in any way until the employer has complied with an order by the administrator or the administrator's designee to obtain workers' compensation insurance coverage.
(2) In the event an employer fails to comply with the requirements of this chapter, by failing to secure payment of compensation on a second or subsequent occasion, the administrator shall have the authority to seek an injunction in the chancery court of Davidson County to prohibit the employer from operating its business in any way until the employer provides proof that it has complied with this chapter by securing payment of compensation.
(j) The employer shall have the right to appeal, pursuant to the Uniform Administrative Procedures Act, compiled at title 4, chapter 5, any decision made by or order issued by the administrator or the administrator's designee pursuant to this section.
(k) (1) A successor in interest, as defined in § 50-6-411(d)(1) , is liable for any penalty issued under this section against a construction services provider. (2) A person or entity designated as a successor in interest may appeal a penalty assessment by requesting a contested case hearing pursuant to subsection (e). (3) The administrator or the administrator's designee may waive a penalty against a successor in interest for good cause.
(1) A successor in interest, as defined in § 50-6-411(d)(1) , is liable for any penalty issued under this section against a construction services provider.
(2) A person or entity designated as a successor in interest may appeal a penalty assessment by requesting a contested case hearing pursuant to subsection (e).
(3) The administrator or the administrator's designee may waive a penalty against a successor in interest for good cause.
Amended by 2024 Tenn. Acts, ch. 532,s 5, eff. 6/30/2024.
Amended by 2021 Tenn. Acts, ch. 189, s 2, eff. 7/1/2021; Section 10 of the Act as amended by 2024 Tenn. Acts, ch. 532 provides: "This act ceases to exist July 1, 2029, at which time the provisions of law changed by this act that were in effect on June 30, 2021, will be revived."
Amended by 2021 Tenn. Acts, ch. 88, s 12, eff. 1/1/2022.
Amended by 2021 Tenn. Acts, ch. 88, s 11, eff. 1/1/2022.
Amended by 2020 Tenn. Acts, ch. 682, s 6, eff. 6/15/2020.
Amended by 2015 Tenn. Acts, ch. 341, s 17, eff. 5/4/2015.
Amended by 2014 Tenn. Acts, ch. 903, s 8, eff. 5/13/2014.
Acts 1992, ch. 900, § 23; 1999, ch. 520, § 41; 2000, ch. 972, § 4; 2010 , ch. 1149, §§ 8 - 12.
This section is set out more than once due to postponed, multiple, or conflicting amendments.
Tenn. Code Ann. § 50-6-131 — TN Code / Title 50 / Chapter 6 / Section 50-6-131
Confidentiality of medical records
Status: in_force

Medical records provided to the bureau of workers' compensation in the course of its activities and the review of settlements pursuant to this chapter shall remain confidential and shall not be considered to be public records. Acts 1996, ch. 944, § 25; 1999, ch. 520, § 41; 2013, ch. 289, § 25; 2015, ch. 341, § 15.
Medical records provided to the bureau of workers' compensation in the course of its activities and the review of settlements pursuant to this chapter shall remain confidential and shall not be considered to be public records.
Acts 1996, ch. 944, § 25; 1999, ch. 520, § 41; 2013, ch. 289, § 25; 2015, ch. 341, § 15.
Tenn. Code Ann. § 50-7-707 — TN Code / Title 50 / Chapter 7 / Section 50-7-707
Destruction of records
Status: in_force

Destruction of records maintained by the division of employment security shall be accomplished pursuant to the terms of title 10, chapter 7, part 3; provided, that the records shall be retained for a period of time at least as long as may be necessary in order to comply with applicable federal law. Acts 1951, ch. 139, § 10 (Williams, § 6901.35); Acts 1978, ch. 744, § 17; 1979, ch. 55, § 1; T.C.A. (orig. ed.), § 50-1345; Acts 1999, ch. 520, § 41.
Destruction of records maintained by the division of employment security shall be accomplished pursuant to the terms of title 10, chapter 7, part 3; provided, that the records shall be retained for a period of time at least as long as may be necessary in order to comply with applicable federal law.
Acts 1951, ch. 139, § 10 (Williams, § 6901.35); Acts 1978, ch. 744, § 17; 1979, ch. 55, § 1; T.C.A. (orig. ed.), § 50-1345; Acts 1999, ch. 520, § 41.
Tenn. Code Ann. § 50-5-107 — TN Code / Title 50 / Chapter 5 / Section 50-5-107
Exempt minors
Status: in_force

This part shall not apply to any minor who: (1) Is employed in housework in the minor's home; (2) Is employed by a parent or guardian in a nonhazardous occupation, as defined by § 50-5-106 ; (3) Is employed in agricultural work; (4) Is employed in the distribution or sale of newspapers; (5) Is employed in errand and delivery work by foot, bicycle or public transportation; (6) Is self-employed; (7) Is a musician or entertainer, except in cases covered by § 50-5-106(20) ; (8) Has graduated from high school or has the equivalent of a high school diploma, but only if a copy of the minor's high school diploma or its equivalent is retained by the employer in the employer's personnel records; (9) Is or has been lawfully married or is a parent, but only if a copy of either the minor's marriage license or the birth certificate of the minor's child is retained by the employer in the employer's personnel records; (10) Is sixteen (16) or seventeen (17) years of age and is an apprentice employed in a craft recognized as an apprenticable trade and is registered by the bureau of apprenticeship and training of the United States department of labor and is employed in accordance with the standards established by that bureau; (11) Is sixteen (16) or seventeen (17) years of age and is a student learner enrolled in a course of study and training in a cooperative vocational training program under a recognized state or local educational authority or in a course of study in a substantially similar program conducted by a private school. The student learner must be employed under a written agreement, a copy of which must be retained by the employer in the employer's personnel records; (12) Is an enrollee in a public employment program that is conducted or funded by the federal government; provided, that the employer has on file in the employer's personnel records an unrevoked written statement from a representative of the federal agency administering that program certifying the enrollment of the minor in the program; (13) Is sixteen (16) or seventeen (17) years of age and not enrolled in school, but only if the employer has on file in the employer's personnel records a written statement signed by the director of schools stating that the particular minor is not enrolled in school; or is lawfully excused from compulsory school attendance under § 49-6-3005 , but only if the employer has on file in the employer's personnel records a written statement signed by the director of schools stating that the particular minor has been excused under § 49-6-3005 ; or (14) Is fourteen (14) years of age or older and who is a student enrolled in a course of study and training in a cooperative career and technical training program, including a work experience and career exploration program, that is approved and authorized by the department of education and that complies with all applicable federal laws. The student learner must be employed under a written agreement, a copy of which must be retained by the employer in the employer's personnel records. Acts 1976, ch. 480, § 8; 1977, ch 227, § 2; 1978, ch. 541, § 4; T.C.A., § 50-708; Acts 2008, ch. 888, § 1.
This part shall not apply to any minor who:
(1) Is employed in housework in the minor's home;
(2) Is employed by a parent or guardian in a nonhazardous occupation, as defined by § 50-5-106 ;
(3) Is employed in agricultural work;
(4) Is employed in the distribution or sale of newspapers;
(5) Is employed in errand and delivery work by foot, bicycle or public transportation;
(6) Is self-employed;
(7) Is a musician or entertainer, except in cases covered by § 50-5-106(20) ;
(8) Has graduated from high school or has the equivalent of a high school diploma, but only if a copy of the minor's high school diploma or its equivalent is retained by the employer in the employer's personnel records;
(9) Is or has been lawfully married or is a parent, but only if a copy of either the minor's marriage license or the birth certificate of the minor's child is retained by the employer in the employer's personnel records;
(10) Is sixteen (16) or seventeen (17) years of age and is an apprentice employed in a craft recognized as an apprenticable trade and is registered by the bureau of apprenticeship and training of the United States department of labor and is employed in accordance with the standards established by that bureau;
(11) Is sixteen (16) or seventeen (17) years of age and is a student learner enrolled in a course of study and training in a cooperative vocational training program under a recognized state or local educational authority or in a course of study in a substantially similar program conducted by a private school. The student learner must be employed under a written agreement, a copy of which must be retained by the employer in the employer's personnel records;
(12) Is an enrollee in a public employment program that is conducted or funded by the federal government; provided, that the employer has on file in the employer's personnel records an unrevoked written statement from a representative of the federal agency administering that program certifying the enrollment of the minor in the program;
(13) Is sixteen (16) or seventeen (17) years of age and not enrolled in school, but only if the employer has on file in the employer's personnel records a written statement signed by the director of schools stating that the particular minor is not enrolled in school; or is lawfully excused from compulsory school attendance under § 49-6-3005 , but only if the employer has on file in the employer's personnel records a written statement signed by the director of schools stating that the particular minor has been excused under § 49-6-3005 ; or
(14) Is fourteen (14) years of age or older and who is a student enrolled in a course of study and training in a cooperative career and technical training program, including a work experience and career exploration program, that is approved and authorized by the department of education and that complies with all applicable federal laws. The student learner must be employed under a written agreement, a copy of which must be retained by the employer in the employer's personnel records.
Acts 1976, ch. 480, § 8; 1977, ch 227, § 2; 1978, ch. 541, § 4; T.C.A., § 50-708; Acts 2008, ch. 888, § 1.
Tenn. Code Ann. § 50-7-715 — TN Code / Title 50 / Chapter 7 / Section 50-7-715
Repayment of unemployment benefits as a result of a violation of this chapter - Interest on amount due - Appeal does not toll interest - Application of moneys received
Status: in_force

(a) Any person who has received unemployment benefits by knowingly misrepresenting, misstating, or failing to disclose any material fact, or by making a false statement or false representation without a good faith belief as to the correctness of the statement or representation, after a determination by the commissioner that such a violation has occurred, shall be required to repay the amount of benefits received. (b) (1) The commissioner shall assess a penalty equal to fifteen percent (15%) of the overpaid benefits as described in subsection (a), to comply with the requirements of 42 U.S.C. § 503(a)(11) . Moneys collected by this penalty shall be deposited into the unemployment compensation fund as provided in § 50-7-501 . (2) (A) For overpayments made prior to July 1, 2016, the commissioner shall further assess a penalty equal to seven and one-half percent (7.5%) of the overpaid benefits described in subsection (a). (B) For overpayments made on or after July 1, 2016, the commissioner shall further assess a penalty equal to fifteen percent (15%) for the first instance of overpaid benefits described in subsection (a). "First instance" means all consecutive claim weeks of unemployment benefits paid within a benefit year to any person when such benefits were received by knowingly misrepresenting, misstating, or failing to disclose any material fact. The commissioner shall further assess a penalty equal to thirty-five percent (35%) for the second and each subsequent instance of overpaid benefits as described in subsection (a). (C) Monies collected by penalties set out in this subdivision (b)(2) shall be used to defray the costs of deterring, detecting, or collecting overpayments. The penalty provided in this subdivision (b)(2) is in addition to the penalty provided in subdivision (b)(1). (c) (1) In addition to the requirements of subsections (a) and (b), the commissioner shall assess interest at a rate of no more than one and one-half percent (1.5%) per month on the total amount due that remains unpaid for a period of thirty (30) or more calendar days after the date on which the commissioner sends notice of the commissioner's determination that a violation has occurred to the last known address of the claimant. For purposes of this subdivision (c)(1), "total amount due" includes the unemployment benefits received pursuant to subsection (a) and the penalties provided for in subsection (b). (2) A pending appeal of the order of the commissioner shall not suspend the assessment of interest on unemployment benefits obtained in violation of this chapter. (d) Moneys received by the department in repayment of unemployment benefits and payment of penalties and interest pursuant to this section shall first be applied to the unemployment benefits received, then to any penalties due, and then to any interest due. Amended by 2016 Tenn. Acts, ch. 751,s 4, eff. 7/1/2016. Amended by 2015 Tenn. Acts, ch. 95,s 8, eff. 7/1/2015. Acts 2009, ch. 479, § 3; 2012, ch. 824, § 7.
(a) Any person who has received unemployment benefits by knowingly misrepresenting, misstating, or failing to disclose any material fact, or by making a false statement or false representation without a good faith belief as to the correctness of the statement or representation, after a determination by the commissioner that such a violation has occurred, shall be required to repay the amount of benefits received.
(b) (1) The commissioner shall assess a penalty equal to fifteen percent (15%) of the overpaid benefits as described in subsection (a), to comply with the requirements of 42 U.S.C. § 503(a)(11) . Moneys collected by this penalty shall be deposited into the unemployment compensation fund as provided in § 50-7-501 . (2) (A) For overpayments made prior to July 1, 2016, the commissioner shall further assess a penalty equal to seven and one-half percent (7.5%) of the overpaid benefits described in subsection (a). (B) For overpayments made on or after July 1, 2016, the commissioner shall further assess a penalty equal to fifteen percent (15%) for the first instance of overpaid benefits described in subsection (a). "First instance" means all consecutive claim weeks of unemployment benefits paid within a benefit year to any person when such benefits were received by knowingly misrepresenting, misstating, or failing to disclose any material fact. The commissioner shall further assess a penalty equal to thirty-five percent (35%) for the second and each subsequent instance of overpaid benefits as described in subsection (a). (C) Monies collected by penalties set out in this subdivision (b)(2) shall be used to defray the costs of deterring, detecting, or collecting overpayments. The penalty provided in this subdivision (b)(2) is in addition to the penalty provided in subdivision (b)(1).
(1) The commissioner shall assess a penalty equal to fifteen percent (15%) of the overpaid benefits as described in subsection (a), to comply with the requirements of 42 U.S.C. § 503(a)(11) . Moneys collected by this penalty shall be deposited into the unemployment compensation fund as provided in § 50-7-501 .
(2) (A) For overpayments made prior to July 1, 2016, the commissioner shall further assess a penalty equal to seven and one-half percent (7.5%) of the overpaid benefits described in subsection (a). (B) For overpayments made on or after July 1, 2016, the commissioner shall further assess a penalty equal to fifteen percent (15%) for the first instance of overpaid benefits described in subsection (a). "First instance" means all consecutive claim weeks of unemployment benefits paid within a benefit year to any person when such benefits were received by knowingly misrepresenting, misstating, or failing to disclose any material fact. The commissioner shall further assess a penalty equal to thirty-five percent (35%) for the second and each subsequent instance of overpaid benefits as described in subsection (a). (C) Monies collected by penalties set out in this subdivision (b)(2) shall be used to defray the costs of deterring, detecting, or collecting overpayments. The penalty provided in this subdivision (b)(2) is in addition to the penalty provided in subdivision (b)(1).
(A) For overpayments made prior to July 1, 2016, the commissioner shall further assess a penalty equal to seven and one-half percent (7.5%) of the overpaid benefits described in subsection (a).
(B) For overpayments made on or after July 1, 2016, the commissioner shall further assess a penalty equal to fifteen percent (15%) for the first instance of overpaid benefits described in subsection (a). "First instance" means all consecutive claim weeks of unemployment benefits paid within a benefit year to any person when such benefits were received by knowingly misrepresenting, misstating, or failing to disclose any material fact. The commissioner shall further assess a penalty equal to thirty-five percent (35%) for the second and each subsequent instance of overpaid benefits as described in subsection (a).
(C) Monies collected by penalties set out in this subdivision (b)(2) shall be used to defray the costs of deterring, detecting, or collecting overpayments. The penalty provided in this subdivision (b)(2) is in addition to the penalty provided in subdivision (b)(1).
(c) (1) In addition to the requirements of subsections (a) and (b), the commissioner shall assess interest at a rate of no more than one and one-half percent (1.5%) per month on the total amount due that remains unpaid for a period of thirty (30) or more calendar days after the date on which the commissioner sends notice of the commissioner's determination that a violation has occurred to the last known address of the claimant. For purposes of this subdivision (c)(1), "total amount due" includes the unemployment benefits received pursuant to subsection (a) and the penalties provided for in subsection (b). (2) A pending appeal of the order of the commissioner shall not suspend the assessment of interest on unemployment benefits obtained in violation of this chapter.
(1) In addition to the requirements of subsections (a) and (b), the commissioner shall assess interest at a rate of no more than one and one-half percent (1.5%) per month on the total amount due that remains unpaid for a period of thirty (30) or more calendar days after the date on which the commissioner sends notice of the commissioner's determination that a violation has occurred to the last known address of the claimant. For purposes of this subdivision (c)(1), "total amount due" includes the unemployment benefits received pursuant to subsection (a) and the penalties provided for in subsection (b).
(2) A pending appeal of the order of the commissioner shall not suspend the assessment of interest on unemployment benefits obtained in violation of this chapter.
(d) Moneys received by the department in repayment of unemployment benefits and payment of penalties and interest pursuant to this section shall first be applied to the unemployment benefits received, then to any penalties due, and then to any interest due.
Amended by 2016 Tenn. Acts, ch. 751,s 4, eff. 7/1/2016.
Amended by 2015 Tenn. Acts, ch. 95,s 8, eff. 7/1/2015.
Acts 2009, ch. 479, § 3; 2012, ch. 824, § 7.
Tenn. Code Ann. § 50-2-109 — TN Code / Title 50 / Chapter 2 / Section 50-2-109
Assessment of penalties
Status: in_force

(a) If, within thirty (30) days from the receipt of written notification of penalties assessed pursuant to this part, an employer fails to notify the commissioner in writing of its intent to contest the imposition of the penalty, the assessment of a penalty as stated in the notification shall be deemed a final order of the commissioner and not subject to further review. (b) All penalties owed under this part shall be paid to the commissioner. Acts 2003, ch. 142, § 3.
(a) If, within thirty (30) days from the receipt of written notification of penalties assessed pursuant to this part, an employer fails to notify the commissioner in writing of its intent to contest the imposition of the penalty, the assessment of a penalty as stated in the notification shall be deemed a final order of the commissioner and not subject to further review.
(b) All penalties owed under this part shall be paid to the commissioner.
Acts 2003, ch. 142, § 3.
Tenn. Code Ann. § 50-7-906 — TN Code / Title 50 / Chapter 7 / Section 50-7-906
Affected date - Termination
Status: in_force

(a) A plan is effective on the date specified in the plan or on a date mutually agreed upon by the employer and the administrator, but no earlier than the date of approval of the plan by the administrator. (b) (1) A plan expires at the end of the twelfth full calendar month after its effective date or on the date specified in the plan if the date is earlier, as long as the plan is not previously revoked by the administrator. (2) If a plan is revoked by the administrator, then the plan terminates on the date specified in the administrator's written order of revocation. Added by 2022 Tenn. Acts, ch. 1086, s 1, eff. 12/1/2023.
(a) A plan is effective on the date specified in the plan or on a date mutually agreed upon by the employer and the administrator, but no earlier than the date of approval of the plan by the administrator.
(b) (1) A plan expires at the end of the twelfth full calendar month after its effective date or on the date specified in the plan if the date is earlier, as long as the plan is not previously revoked by the administrator. (2) If a plan is revoked by the administrator, then the plan terminates on the date specified in the administrator's written order of revocation.
(1) A plan expires at the end of the twelfth full calendar month after its effective date or on the date specified in the plan if the date is earlier, as long as the plan is not previously revoked by the administrator.
(2) If a plan is revoked by the administrator, then the plan terminates on the date specified in the administrator's written order of revocation.
Added by 2022 Tenn. Acts, ch. 1086, s 1, eff. 12/1/2023.
Tenn. Code Ann. § 50-6-914-d-1 — TN Code / Title 50 / Chapter 6 / Section 50-6-914-d-1
2024 Tennessee Code Title 50 - EMPLOYER AND EMPLOYEE (§§ 50-1-101 — 50-11-106) Chapter 6 - WORKERS' COMPENSATION LAW (§§ 50-6-101 — 50-6-1016) Part 9 - CONSTRUCTION SERVICES PROVIDERS (§§ 50-6-901 — 50-6-921) Section 50-6-914 - [Effective 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 shall be liable for compensation to any employee injured while in the employ of any of the subcontractors 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. (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 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." Acts 2013 , ch. 282, § 1; 2013 , ch. 424, § 1; 2020 , ch. 682, §§ 4, 5.
(a) Except as provided for in subsection (b), a general contractor, intermediate contractor or subcontractor shall be liable for compensation to any employee injured while in the employ of any of the subcontractors of the 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.
(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.
(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.
(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 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."
Acts 2013 , ch. 282, § 1; 2013 , ch. 424, § 1; 2020 , ch. 682, §§ 4, 5.
Tenn. Code Ann. § 50-1-704 — TN Code / Title 50 / Chapter 1 / Section 50-1-704
Employer's knowing misclassification to avoid requirements
Status: in_force

(a) If the department determines that an employer knowingly misclassified an individual in order to avoid the requirements of this part or chapters 1, 2, 6 or 7 of this title, then the department shall: (1) Share the findings and information from its investigations with divisions within the department and with the department of commerce and insurance; and (2) Pursue appropriate sanctions against the employer as provided by law including, but not limited to, sanctions provided in this part and chapters 1, 2, 6 and 7 of this title. (b) The department and its divisions are hereby authorized to execute any necessary memorandums of understanding to allow the sharing of such findings and information as required by this section. Acts 2011, ch. 436, § 5.
(a) If the department determines that an employer knowingly misclassified an individual in order to avoid the requirements of this part or chapters 1, 2, 6 or 7 of this title, then the department shall: (1) Share the findings and information from its investigations with divisions within the department and with the department of commerce and insurance; and (2) Pursue appropriate sanctions against the employer as provided by law including, but not limited to, sanctions provided in this part and chapters 1, 2, 6 and 7 of this title.
(1) Share the findings and information from its investigations with divisions within the department and with the department of commerce and insurance; and
(2) Pursue appropriate sanctions against the employer as provided by law including, but not limited to, sanctions provided in this part and chapters 1, 2, 6 and 7 of this title.
(b) The department and its divisions are hereby authorized to execute any necessary memorandums of understanding to allow the sharing of such findings and information as required by this section.
Acts 2011, ch. 436, § 5.
Tenn. Code Ann. § 50-6-501 — TN Code / Title 50 / Chapter 6 / Section 50-6-501
Establishment of safety committees - Reporting by insurance companies - Civil penalty
Status: in_force

(a) In order to promote health and safety in places of employment in this state, every public or private employer that is subject to this chapter, shall establish and administer a safety committee in accordance with rules adopted pursuant to § 50-6-502 , if the administrator of the workers' compensation bureau finds that the employer has an experience modification factor or rate applied to the premium greater than or equal to one and twenty hundredths (1.20). (b) In making determinations under subsection (a), the administrator of the workers' compensation bureau shall utilize the most recent statistics regarding experience modification rates. (c) (1) Every insurance company authorized to write workers' compensation insurance shall submit its modification factors or rates for each of its workers' compensation insureds to the commissioner of commerce and insurance, when requested by the commissioner. On request from the administrator of the workers' compensation bureau, the commissioner of commerce and insurance shall provide the bureau of workers' compensation with the information. (2) The administrator of the workers' compensation bureau shall establish safety committee requirements for self-insured employers pursuant to rules promulgated in accordance with the Uniform Administrative Procedures Act, compiled in title 4, chapter 5. (3) The commissioner of commerce and insurance may assess a civil penalty of up to two thousand dollars ($2,000) per incident for failure to comply with subdivision (c)(1). Acts 1992, ch. 900, § 5; 1999, ch. 520, § 41; 2005, ch. 390, § 13; 2013, ch. 282, § 1; 2015, ch. 341, § 15.
(a) In order to promote health and safety in places of employment in this state, every public or private employer that is subject to this chapter, shall establish and administer a safety committee in accordance with rules adopted pursuant to § 50-6-502 , if the administrator of the workers' compensation bureau finds that the employer has an experience modification factor or rate applied to the premium greater than or equal to one and twenty hundredths (1.20).
(b) In making determinations under subsection (a), the administrator of the workers' compensation bureau shall utilize the most recent statistics regarding experience modification rates.
(c) (1) Every insurance company authorized to write workers' compensation insurance shall submit its modification factors or rates for each of its workers' compensation insureds to the commissioner of commerce and insurance, when requested by the commissioner. On request from the administrator of the workers' compensation bureau, the commissioner of commerce and insurance shall provide the bureau of workers' compensation with the information. (2) The administrator of the workers' compensation bureau shall establish safety committee requirements for self-insured employers pursuant to rules promulgated in accordance with the Uniform Administrative Procedures Act, compiled in title 4, chapter 5. (3) The commissioner of commerce and insurance may assess a civil penalty of up to two thousand dollars ($2,000) per incident for failure to comply with subdivision (c)(1).
(1) Every insurance company authorized to write workers' compensation insurance shall submit its modification factors or rates for each of its workers' compensation insureds to the commissioner of commerce and insurance, when requested by the commissioner. On request from the administrator of the workers' compensation bureau, the commissioner of commerce and insurance shall provide the bureau of workers' compensation with the information.
(2) The administrator of the workers' compensation bureau shall establish safety committee requirements for self-insured employers pursuant to rules promulgated in accordance with the Uniform Administrative Procedures Act, compiled in title 4, chapter 5.
(3) The commissioner of commerce and insurance may assess a civil penalty of up to two thousand dollars ($2,000) per incident for failure to comply with subdivision (c)(1).
Acts 1992, ch. 900, § 5; 1999, ch. 520, § 41; 2005, ch. 390, § 13; 2013, ch. 282, § 1; 2015, ch. 341, § 15.
Tenn. Code Ann. § 50-6-801-d-1 — TN Code / Title 50 / Chapter 6 / Section 50-6-801-d-1
2024 Tennessee Code Title 50 - EMPLOYER AND EMPLOYEE (§§ 50-1-101 — 50-11-106) Chapter 6 - WORKERS' COMPENSATION LAW (§§ 50-6-101 — 50-6-1016) Part 8 - UNINSURED EMPLOYERS FUND (§§ 50-6-801 — 50-6-803) Section 50-6-801 - [Effective 7/1/2029] Creation - Legislative intent - Uses of fund
Status: in_force

(a) There is created the uninsured employers fund as an account in the general fund, which shall be invested pursuant to § 9-4-603 . Moneys from the fund may be expended to fund activities authorized by this part. Any revenues deposited in this fund shall remain in the fund until expended for purposes consistent with this part, and shall not revert to the general fund on any June 30. Any appropriation for the fund shall not revert to the general fund on any June 30, but shall remain available for expenditure in subsequent fiscal years. (b) The uninsured employers fund may receive revenues that shall include all penalties assessed and collected from employers who fail to provide workers' compensation coverage or who fail to qualify as self-insurers pursuant to this chapter, and any other amounts that may be appropriated. In addition, when deemed necessary in the discretion of the administrator and when the balance remaining in the uninsured employers fund is less than the amount of funds distributed by the bureau to provide benefits to injured workers in the previous fiscal year, the administrator may also withdraw up to twenty-five percent (25%) of the balance of funds remaining after the costs and expenditures provided by § 50-6-913(b) have been satisfied, from the employee misclassification education and enforcement fund to provide benefits under this part. (c) The uninsured employers fund shall be used for payment of the costs incurred by the bureau of workers' compensation to administer the assessment of and collection of penalties provided in § 50-6-412 and the cost of administering this part 8 including, but not limited to, lien fees or fees of third party administrators. (d) The bureau may use any revenues remaining in the uninsured employers fund that are not used for the purposes provided in subsection (c) to provide temporary disability benefits, medical benefits, or death benefits to an eligible employee who suffered an injury or death arising primarily within the course and scope of the employee's employment with an employer who failed to secure the payment of compensation pursuant to this chapter at the time the eligible employee suffered the injury or death. An employee shall be an eligible employee within the meaning provided by this section if: (1) The employee was employed by an employer who failed to secure payment of compensation pursuant to this chapter; (2) The employee suffered an injury on or after July 1, 2015, primarily within the course and scope of employment, at a time when the employer had failed to secure the payment of compensation; (3) The employee was a Tennessee resident on the date of injury; (4) The employee provided notice to the bureau of the injury and of the failure of the employer to secure the payment of compensation within a reasonable period of time, but in no event more than one hundred eighty (180) days, after the date of the injury; and (5) Except as provided in § 50-6-802(d) and (e) , the employee secured a judgment for workers' compensation benefits against the employer for the injury. Amended by 2024 Tenn. Acts, ch. 532,s 5, eff. 6/30/2024. Amended by 2023 Tenn. Acts, ch. 145, s 5, eff. 7/1/2023, app. upon becoming a law for the purposes of promulgating rules. Amended by 2021 Tenn. Acts, ch. 189, s 9, eff. 7/1/2021; Section 10 of the Act provides: "This act ceases to exist July 1, 2029, at which time the provisions of law changed by this act that were in effect on June 30, 2021, will be revived." Amended by 2020 Tenn. Acts, ch. 731, s 3, eff. 6/22/2020. Amended by 2016 Tenn. Acts, ch. 816, s 10, eff. 4/14/2016. Amended by 2014 Tenn. Acts, ch. 765, Secs.s 1, s 2 eff. 4/24/2014. Acts 2000, ch. 972, § 2.
(a) There is created the uninsured employers fund as an account in the general fund, which shall be invested pursuant to § 9-4-603 . Moneys from the fund may be expended to fund activities authorized by this part. Any revenues deposited in this fund shall remain in the fund until expended for purposes consistent with this part, and shall not revert to the general fund on any June 30. Any appropriation for the fund shall not revert to the general fund on any June 30, but shall remain available for expenditure in subsequent fiscal years.
(b) The uninsured employers fund may receive revenues that shall include all penalties assessed and collected from employers who fail to provide workers' compensation coverage or who fail to qualify as self-insurers pursuant to this chapter, and any other amounts that may be appropriated. In addition, when deemed necessary in the discretion of the administrator and when the balance remaining in the uninsured employers fund is less than the amount of funds distributed by the bureau to provide benefits to injured workers in the previous fiscal year, the administrator may also withdraw up to twenty-five percent (25%) of the balance of funds remaining after the costs and expenditures provided by § 50-6-913(b) have been satisfied, from the employee misclassification education and enforcement fund to provide benefits under this part.
(c) The uninsured employers fund shall be used for payment of the costs incurred by the bureau of workers' compensation to administer the assessment of and collection of penalties provided in § 50-6-412 and the cost of administering this part 8 including, but not limited to, lien fees or fees of third party administrators.
(d) The bureau may use any revenues remaining in the uninsured employers fund that are not used for the purposes provided in subsection (c) to provide temporary disability benefits, medical benefits, or death benefits to an eligible employee who suffered an injury or death arising primarily within the course and scope of the employee's employment with an employer who failed to secure the payment of compensation pursuant to this chapter at the time the eligible employee suffered the injury or death. An employee shall be an eligible employee within the meaning provided by this section if: (1) The employee was employed by an employer who failed to secure payment of compensation pursuant to this chapter; (2) The employee suffered an injury on or after July 1, 2015, primarily within the course and scope of employment, at a time when the employer had failed to secure the payment of compensation; (3) The employee was a Tennessee resident on the date of injury; (4) The employee provided notice to the bureau of the injury and of the failure of the employer to secure the payment of compensation within a reasonable period of time, but in no event more than one hundred eighty (180) days, after the date of the injury; and (5) Except as provided in § 50-6-802(d) and (e) , the employee secured a judgment for workers' compensation benefits against the employer for the injury.
(1) The employee was employed by an employer who failed to secure payment of compensation pursuant to this chapter;
(2) The employee suffered an injury on or after July 1, 2015, primarily within the course and scope of employment, at a time when the employer had failed to secure the payment of compensation;
(3) The employee was a Tennessee resident on the date of injury;
(4) The employee provided notice to the bureau of the injury and of the failure of the employer to secure the payment of compensation within a reasonable period of time, but in no event more than one hundred eighty (180) days, after the date of the injury; and
(5) Except as provided in § 50-6-802(d) and (e) , the employee secured a judgment for workers' compensation benefits against the employer for the injury.
Amended by 2024 Tenn. Acts, ch. 532,s 5, eff. 6/30/2024.
Amended by 2023 Tenn. Acts, ch. 145, s 5, eff. 7/1/2023, app. upon becoming a law for the purposes of promulgating rules.
Amended by 2021 Tenn. Acts, ch. 189, s 9, eff. 7/1/2021; Section 10 of the Act provides: "This act ceases to exist July 1, 2029, at which time the provisions of law changed by this act that were in effect on June 30, 2021, will be revived."
Amended by 2020 Tenn. Acts, ch. 731, s 3, eff. 6/22/2020.
Amended by 2016 Tenn. Acts, ch. 816, s 10, eff. 4/14/2016.
Amended by 2014 Tenn. Acts, ch. 765, Secs.s 1, s 2 eff. 4/24/2014.
Acts 2000, ch. 972, § 2.
Tenn. Code Ann. § 50-7-908 — TN Code / Title 50 / Chapter 7 / Section 50-7-908
Operational plan - Modification
Status: in_force

(a) The employer may modify an operational and approved shared work plan with the agreement of employee representatives if the modification is not substantial and is in conformity with the plan approved by the administrator, but the employer must promptly report the modifications to the administrator. (b) (1) If the hours of work are increased or decreased substantially beyond the level in the original plan or if any other conditions are changed substantially, then the administrator shall approve or disapprove the modifications without changing the expiration date of the original plan. (2) If the substantial modifications do not meet the requirements for approval, then the administrator shall disallow that portion of the plan in writing as specified in § 50-7-907 . Added by 2022 Tenn. Acts, ch. 1086, s 1, eff. 12/1/2023.
(a) The employer may modify an operational and approved shared work plan with the agreement of employee representatives if the modification is not substantial and is in conformity with the plan approved by the administrator, but the employer must promptly report the modifications to the administrator.
(b) (1) If the hours of work are increased or decreased substantially beyond the level in the original plan or if any other conditions are changed substantially, then the administrator shall approve or disapprove the modifications without changing the expiration date of the original plan. (2) If the substantial modifications do not meet the requirements for approval, then the administrator shall disallow that portion of the plan in writing as specified in § 50-7-907 .
(1) If the hours of work are increased or decreased substantially beyond the level in the original plan or if any other conditions are changed substantially, then the administrator shall approve or disapprove the modifications without changing the expiration date of the original plan.
(2) If the substantial modifications do not meet the requirements for approval, then the administrator shall disallow that portion of the plan in writing as specified in § 50-7-907 .
Added by 2022 Tenn. Acts, ch. 1086, s 1, eff. 12/1/2023.
Tenn. Code Ann. § 50-7-710 — TN Code / Title 50 / Chapter 7 / Section 50-7-710
Misrepresentation to obtain benefits under other than Tennessee law - Penalty
Status: in_force

(a) It is an offense for any person to knowingly make a false statement or representation of a material fact or fail to disclose a material fact with intent to defraud by obtaining or increasing any benefit under the unemployment compensation law of any other state of the United States or of the federal government or of any of its territories, or of a foreign government, either for the person's own benefit or for the benefit of any other person. (b) Each false statement or representation or failure to disclose a material fact constitutes a separate offense. (c) (1) A violation of this section is a Class C misdemeanor. (2) A second or subsequent violation of this section is a Class E felony; provided, that the second or subsequent violation of this section occurs after a conviction has been obtained for the previous violation. (3) A first or subsequent violation of this section where the person has a prior conviction for a similar offense in another jurisdiction is a Class E felony; provided, that the second or subsequent violation occurs after a conviction has been obtained for the previous violation. (4) Subdivision (c)(2) or (c)(3) shall only apply if at least one (1) of the required offenses occurs on or after January 1, 2010. Acts 1951, ch. 153, § 1 (Williams, § 11157.3); T.C.A. (orig. ed.), § 50-1351; Acts 1989, ch. 591, § 113; 2009, ch. 479, § 5.
(a) It is an offense for any person to knowingly make a false statement or representation of a material fact or fail to disclose a material fact with intent to defraud by obtaining or increasing any benefit under the unemployment compensation law of any other state of the United States or of the federal government or of any of its territories, or of a foreign government, either for the person's own benefit or for the benefit of any other person.
(b) Each false statement or representation or failure to disclose a material fact constitutes a separate offense.
(c) (1) A violation of this section is a Class C misdemeanor. (2) A second or subsequent violation of this section is a Class E felony; provided, that the second or subsequent violation of this section occurs after a conviction has been obtained for the previous violation. (3) A first or subsequent violation of this section where the person has a prior conviction for a similar offense in another jurisdiction is a Class E felony; provided, that the second or subsequent violation occurs after a conviction has been obtained for the previous violation. (4) Subdivision (c)(2) or (c)(3) shall only apply if at least one (1) of the required offenses occurs on or after January 1, 2010.
(1) A violation of this section is a Class C misdemeanor.
(2) A second or subsequent violation of this section is a Class E felony; provided, that the second or subsequent violation of this section occurs after a conviction has been obtained for the previous violation.
(3) A first or subsequent violation of this section where the person has a prior conviction for a similar offense in another jurisdiction is a Class E felony; provided, that the second or subsequent violation occurs after a conviction has been obtained for the previous violation.
(4) Subdivision (c)(2) or (c)(3) shall only apply if at least one (1) of the required offenses occurs on or after January 1, 2010.
Acts 1951, ch. 153, § 1 (Williams, § 11157.3); T.C.A. (orig. ed.), § 50-1351; Acts 1989, ch. 591, § 113; 2009, ch. 479, § 5.