reglab/housing_qa huggingface dataset:
TN Code § 50-4-108 (2021)
2021 Tennessee Code|Title 50 - Employer and Employee|Chapter 4 - Administrative Inspections|§ 50-4-108. Suppression of Evidence Seized During Unlawful Inspection

  Any person aggrieved by an unlawful inspection of premises named in an administrative inspection warrant may in any judicial or administrative proceeding move to suppress any evidence or information received, or move for the return of any item seized, by the agency pursuant to the inspection.   If the court or the administrative agency finds that the inspection was unlawful, the evidence and information shall be suppressed and any item seized returned and not considered in the proceeding.
TN Code § 50-8-101 (2021)
2021 Tennessee Code|Title 50 - Employer and Employee|Chapter 8 - Marketplace Contractors|§ 50-8-101. Chapter Definitions

 As used in this chapter:   “Marketplace contractor” means any individual, corporation, partnership, sole proprietorship, or other business entity that:  Enters into an agreement with a marketplace platform to use the platform's online-enabled application, software, website, or system to receive connections to third-party individuals or entities seeking services in this state; and   In return for compensation from the third-party or marketplace platform, offers or provides services to the third-party individuals or entities upon being given an assignment or connection through the marketplace platform's online-enabled application, software, website, or system; and     “Marketplace platform” means a corporation, partnership, sole proprietorship, or other business entity operating in this state that:  Offers an online-enabled application, software, website, or system that enables the provision of services by marketplace contractors to third-party individuals or entities seeking services; and   Neither directly nor through any related party derives any benefit from work performed by marketplace contractors other than a subscription or use fee for placing marketplace contractors in assignments or otherwise providing connections.
TN Code § 50-8-102 (2021)
2021 Tennessee Code|Title 50 - Employer and Employee|Chapter 8 - Marketplace Contractors|§ 50-8-102. Marketplace Contractors and Marketplace Platforms — Employment Relationships

  A marketplace contractor is an independent contractor and not an employee of the marketplace platform for all purposes under state and local laws, rules, ordinances, and resolutions if the following conditions are set forth in a written agreement between the marketplace platform and the marketplace contractor:  The marketplace platform and marketplace contractor agree in writing that the contractor is an independent contractor with respect to the marketplace platform;   The marketplace platform does not unilaterally prescribe specific hours during which the marketplace contractor must be available to accept service requests from third-party individuals or entities. If a marketplace contractor posts the contractor's voluntary availability to provide services, the posting does not constitute a prescription of hours for purposes of this subdivision (a)(2);   The marketplace platform does not prohibit the marketplace contractor from using any online-enabled application, software, website, or system offered by other marketplace platforms;   The marketplace contractor may, at its discretion, enlist the help of an assistant to complete the services, and the marketplace platform may require the assistant to complete the marketplace platform's standard registration and vetting process. If the marketplace contractor enlists the help of an assistant, the marketplace contractor, not the marketplace platform, is responsible for paying the assistant;   The marketplace platform does not restrict the marketplace contractor from engaging in any other occupation or business;   The marketplace platform does not require marketplace contractors to use specific supplies or equipment;   The marketplace platform does not control the means and methods for the services performed by a marketplace contractor by requiring the marketplace contractor to follow specified instructions governing how to perform the services. However, the marketplace platform may require that the quality of the services provided by the marketplace contractor meets specific standards and requirements;   The agreement or contract between the marketplace contractor and the marketplace platform may be terminated by either the marketplace contractor or the marketplace platform with or without cause;   The marketplace platform provides no medical or other insurance benefits to the marketplace contractor, and the marketplace contractor is responsible for paying taxes on all income derived as a result of services performed to third parties from the assignments or connections received from the marketplace platform; and   All, or substantially all, payment to the marketplace contractor is based on performance of services to third parties who have engaged the services of the marketplace contractor through the marketplace platform.     This section does not apply to any service that is the type of service identified in 26 U.S.C. § 3306(c)(7) or (c)(8).
TN Code § 50-8-103 (2021)
2021 Tennessee Code|Title 50 - Employer and Employee|Chapter 8 - Marketplace Contractors|§ 50-8-103. Applicability of Chapter

 Nothing in this chapter applies to:   A transportation network company, as defined in § 65-15-301; or   A construction services provider, as defined in § 50-6-901.
TN Code § 50-8-104 (2021)
2021 Tennessee Code|Title 50 - Employer and Employee|Chapter 8 - Marketplace Contractors|§ 50-8-104. Remittance of Tip to Marketplace Contractor

 If a third party uses a marketplace platform's online-enabled application, software, website, or system to engage the services of a marketplace contractor and the marketplace platform provides an option for third parties to include a tip in connection with the transaction, then the marketplace platform shall remit the tip to the marketplace contractor and shall not retain any amount of a tip or use it to cover the marketplace platform's obligations to the marketplace contractor.
TN Code § 50-9-101 (2021)
2021 Tennessee Code|Title 50 - Employer and Employee|Chapter 9 - Drug-Free Workplace Programs|§ 50-9-101. Legislative Intent

  It is the intent of the general assembly to promote drug-free workplaces in order that employers in this state be afforded the opportunity to maximize their levels of productivity, enhance their competitive positions in the marketplace and reach their desired levels of success without experiencing the costs, delays and tragedies associated with work-related accidents resulting from drug or alcohol abuse by employees. It is also the intent of the general assembly that employers obtaining certification as a drug-free workplace under rules promulgated by the bureau should be able to renew that certification on an annual basis without requiring repeated annual training of existing employees; provided, however, the employer certifies on a form prescribed by the bureau that all existing employees have undergone training at least once and have acknowledged annually in writing the existence of the employer's drug-free workplace policy. It is further the intent of the general assembly that drug and alcohol abuse be discouraged and that employees who choose to engage in drug or alcohol abuse face the risk of unemployment and the forfeiture of workers' compensation benefits.   If an employer implements a drug-free workplace program in accordance with this chapter, which includes notice, education and procedural requirements for testing for drugs and alcohol pursuant to rules developed by the division, the covered employer may require the employee to submit to a test for the presence of drugs or alcohol and, if a drug or alcohol is found to be present in the employee's system at a level prescribed by statute or by rule adopted pursuant to this chapter, the employee may be terminated and forfeits eligibility for workers' compensation medical and indemnity benefits. However, a drug-free workplace program must require the covered employer to notify all employees that it is a condition of employment for an employee to refrain from reporting to work or working with the presence of drugs or alcohol in the employee's body and, if an injured employee refuses to submit to a test for drugs or alcohol, the employee forfeits eligibility for workers' compensation medical and indemnity benefits.
TN Code § 50-9-102 (2021)
2021 Tennessee Code|Title 50 - Employer and Employee|Chapter 9 - Drug-Free Workplace Programs|§ 50-9-102. Applicability

 Sections 50-9-103 — 50-9-111 apply to a drug-free workplace program implemented pursuant to rules adopted by the administrator of the bureau of workers' compensation. The application of this chapter is subject to the provisions of any applicable collective bargaining agreement. Nothing in the program authorized by this chapter is intended to authorize any employer to test any applicant or employee for alcohol or drugs in any manner inconsistent with federal constitutional or statutory requirements, including those imposed by the Americans with Disabilities Act, compiled in 42 U.S.C. § 12101 et seq. and the National Labor Relations Act, compiled in 29 U.S.C. § 151 et seq.
TN Code § 50-9-107 (2021)
2021 Tennessee Code|Title 50 - Employer and Employee|Chapter 9 - Drug-Free Workplace Programs|§ 50-9-107. Testing Subject to Department of Transportation Procedures — Verification — Chain of Custody Procedures — Costs — Discrimination on Grounds of Voluntary Treatment Prohibited

  All specimen collection and testing for drugs and alcohol under this chapter shall be performed in accordance with the procedures provided for by the United States department of transportation rules for workplace drug and alcohol testing compiled at 49 CFR part 40.   A covered employer may not discharge, discipline, refuse to hire, discriminate against or request or require rehabilitation of an employee or job applicant on the sole basis of a positive test result that has not been verified by a confirmation test and by a medical review officer.   A covered employer that performs drug testing or specimen collection shall use chain-of-custody procedures established by regulations of the United States department of transportation or such other recognized authority approved by rule by the commissioner of labor and workforce development governing drug testing.   A covered employer shall pay the cost of all drug and alcohol tests, initial and confirmation, that the covered employer requires of employees. An employee or job applicant shall pay the costs of any additional drug or alcohol tests not required by the covered employer.   A covered employer shall not discharge, discipline or discriminate against an employee solely upon the employee's voluntarily seeking treatment, while under the employ of the covered employer, for a drug-related or alcohol-related problem if the employee has not previously tested positive for drug or alcohol use, entered an employee assistance program for drug-related or alcohol-related problems or entered a drug or alcohol rehabilitation program. Unless otherwise provided by a collective bargaining agreement, a covered employer may select the employee assistance program or drug or alcohol rehabilitation program if the covered employer pays the cost of the employee's participation in the program. However, nothing in this chapter is intended to require any employer to permit or provide a rehabilitation program.   If drug or alcohol testing is conducted based on reasonable suspicion, the covered employer shall promptly detail in writing the circumstances that formed the basis of the determination that reasonable suspicion existed to warrant the testing. A copy of this documentation shall be given to the employee upon request and the original documentation shall be kept confidential by the covered employer pursuant to § 50-9-109, and shall be retained by the covered employer for at least one (1) year.
TN Code § 50-9-108 (2021)
2021 Tennessee Code|Title 50 - Employer and Employee|Chapter 9 - Drug-Free Workplace Programs|§ 50-9-108. Drug or Alcohol Use Not a Disability — Drug or Alcohol Use “Cause” for Firing or Failure to Hire — Miscellaneous Provisions

  An employee or job applicant whose drug or alcohol test result is confirmed as positive in accordance with this section shall not, by virtue of the result alone, be deemed to have a disability as defined under federal, state or local disability discrimination laws.   A covered employer who discharges or disciplines an employee or refuses to hire a job applicant in compliance with this section is considered to have discharged, disciplined or refused to hire for cause.   No physician-patient relationship is created between an employee or job applicant and a covered employer or any person performing or evaluating a drug or alcohol test, solely by the establishment, implementation or administration of a drug or alcohol testing program. This section in no way relieves the person performing the test from responsibility for acts of negligence in performing the tests.   Nothing in this section shall be construed to prevent a covered employer from establishing reasonable work rules related to employee possession, use, sale or solicitation of drugs or alcohol, including convictions for offenses relating to drugs or alcohol, and taking action based upon a violation of any of those rules.   This section does not operate retroactively, and does not abrogate the right of an employer under state law to lawfully conduct drug or alcohol tests, or implement lawful employee drug-testing programs. This chapter shall not prohibit an employer from conducting any drug or alcohol testing of employees that is otherwise permitted by law.   If an employee or job applicant refuses to submit to a drug or alcohol test, the covered employer is not barred from discharging or disciplining the employee or from refusing to hire the job applicant; however, this subsection (f) does not abrogate the rights and remedies of the employee or job applicant as otherwise provided in this section.   This section does not prohibit an employer from conducting medical screening or other tests required, permitted or not disallowed by any statute, rule or regulation for the purpose of monitoring exposure of employees to toxic or other unhealthy substances in the workplace or in the performance of job responsibilities. The screening or testing is limited to the specific substances expressly identified in the applicable statute, rule or regulation, unless prior written consent of the employee is obtained for other tests. The screening or testing need not be in compliance with the rules adopted by the department of labor and workforce development and department of health. If applicable, the drug or alcohol testing must be specified in a collective bargaining agreement as negotiated by the appropriate certified bargaining agent before the testing is implemented.   No cause of action shall arise in favor of any person based upon the failure of an employer to establish a program or policy for drug or alcohol testing.
TN Code § 50-9-109 (2021)
2021 Tennessee Code|Title 50 - Employer and Employee|Chapter 9 - Drug-Free Workplace Programs|§ 50-9-109. Confidentiality of Records — Parental Notification

  All information, interviews, reports, statements, memoranda and drug or alcohol test results, written or otherwise, received by the covered employer through a drug or alcohol testing program are confidential communications and may not be used or received in evidence, obtained in discovery or disclosed in any public or private proceedings, except in accordance with this section or in determining compensability under this chapter.   Covered employers, laboratories, medical review officers, employee assistance programs, drug or alcohol rehabilitation programs and their agents who receive or have access to information concerning drug or alcohol test results shall keep all information confidential. Release of the information under any other circumstance is authorized solely pursuant to a written consent form signed voluntarily by the person tested, unless the release is compelled by a hearing officer or a court of competent jurisdiction pursuant to an appeal taken under this section, relevant to a legal claim asserted by the employee or is deemed appropriate by a professional or occupational licensing board in a related disciplinary proceeding. The consent form must contain, at a minimum:  The name of the person who is authorized to obtain the information;   The purpose of the disclosure;   The precise information to be disclosed;   The duration of the consent; and   The signature of the person authorizing release of the information.     Information on drug or alcohol test results for tests administered pursuant to this chapter shall not be released or used in any criminal proceeding against the employee or job applicant. Information released contrary to this section is inadmissible as evidence in the criminal proceeding.   This section does not prohibit a covered employer, agent of the employer or laboratory conducting a drug or alcohol test from having access to employee drug or alcohol test information or using the information when consulting with legal counsel in connection with actions brought under or related to this section, or when the information is relevant to its defense in a civil or administrative matter. Neither is this section intended to prohibit disclosure among management as is reasonably necessary for making disciplinary decisions relating to violations of drug or alcohol standards of conduct adopted by an employer.   A covered employer shall notify the parents or legal guardians of a minor of the results of any drug or alcohol testing program conducted pursuant to this chapter. Notwithstanding any other provisions of this section, an employer is authorized to disclose the results to parents and guardians and an employer shall not be liable for any disclosure permitted by this subsection (e).
TN Code § 50-9-110 (2021)
2021 Tennessee Code|Title 50 - Employer and Employee|Chapter 9 - Drug-Free Workplace Programs|§ 50-9-110. Prerequisites for Processing Test Specimens — Licensure of Testing Laboratory

  A laboratory may not analyze initial or confirmation test specimens unless:  The laboratory is licensed and approved by the department of health, using criteria established by the United States department of health and human services as guidelines for modeling the state drug-free testing program pursuant to this section, or the laboratory is certified by the United States department of health and human services, the College of American Pathologists or other recognized authority approved by rule by the commissioner of labor and workforce development; and   The laboratory complies with the procedures established by the United States department of transportation for a workplace drug test program or other recognized authority approved by the commissioner of labor and workforce development.     Confirmation tests may only be conducted by a laboratory that meets the requirements of subdivisions (a)(1) and (2) and is certified by either the Substance Abuse and Mental Health Services Administration or the College of American Pathologists — Forensic Urine Testing Programs.
TN Code § 50-9-111 (2021)
2021 Tennessee Code|Title 50 - Employer and Employee|Chapter 9 - Drug-Free Workplace Programs|§ 50-9-111. Rules and Regulations — Guidelines for State Testing Program

  The administrator of the bureau of workers' compensation is authorized to adopt rules, using the rules and guidelines adopted by the department of health and criteria established by the United States department of health and human services and the United States department of transportation as guidelines for modeling the state drug and alcohol testing program, concerning, but not limited to:  Standards for licensing drug and alcohol testing laboratories and suspension and revocation of the licenses;   Body specimens and minimum specimen amounts that are appropriate for drug or alcohol testing;   Methods of analysis and procedures to ensure reliable drug or alcohol testing results, including the use of breathalyzers and standards for initial tests and confirmation tests;   Minimum cut-off detection levels for alcohol, each drug or metabolites of the drug for the purposes of determining a positive test result;   Chain-of-custody procedures to ensure proper identification, labeling and handling of specimens tested; and   Retention, storage and transportation procedures to ensure reliable results on confirmation tests and retests.     The administrator of the bureau of workers' compensation is authorized to adopt relevant federal rules concerning drug and alcohol testing as a minimum standard for testing procedures and protections that the administrator may exceed. The rules shall be promulgated in accordance with the Uniform Administrative Procedures Act, compiled in title 4, chapter 5.   The administrator of the bureau of workers' compensation shall consider drug testing programs and laboratories operating as a part of the College of American Pathologists — Forensic Urine Drug Testing Programs in issuing guidelines or promulgating rules relative to recognized authorities in drug testing.   The administrator is authorized to set education program requirements for drug-free workplaces by rules promulgated in accordance with the requirements of the Uniform Administrative Procedures Act. The requirements shall not be more stringent than the federal requirements for workplaces regulated by the United States department of transportation rules. The requirements shall not require an employer to provide annual education or awareness training for each employee if all existing employees have undergone such training at least once and have acknowledged annually in writing the existence of the employer's drug-free workplace policy.
TN Code § 50-9-112 (2021)
2021 Tennessee Code|Title 50 - Employer and Employee|Chapter 9 - Drug-Free Workplace Programs|§ 50-9-112. Temporary Employment Agencies Exempt From Drug-Free Workplace Requirements

 A temporary employment agency shall not be required by rule, regulation or policy of the department of labor and workforce development to implement a drug-free workplace pursuant to this chapter.