reglab/statecodes huggingface dataset:
2023 Tennessee Code › Title 50 - EMPLOYER AND EMPLOYEE (§§ 50-1-101 — 50-11-106) › Chapter 1 - EMPLOYMENT RELATIONSHIP AND PRACTICES (§§ 50-1-101 — 50-1-1004) › Part 1 - HIRING PRACTICES (§§ 50-1-101 — 50-1-110) › Section 50-1-102 - False or deceptive representations in procuring employees - Penalty - Hiring armed guards - Failure to have permit - Penalty

(a)
(1)
It is unlawful for any person to induce, influence, persuade or engage workers to change from one place to another in this state, or to bring workers of any class or calling into this state to work in any type of labor in this state through or by means of false or deceptive representations, false advertising or false pretenses, concerning the kind and character of the work to be done, or the amount and character of compensation to be paid for the work, or the sanitary or other conditions of the employment, or as to the existence or nonexistence of a strike or other trouble pending between employer and employees, at the time of or prior to the engagement.
(2)
Failure to state in any advertisement, proposal or contract for the employment of workers that there is a strike, lockout or other labor trouble at the place of the proposed employment, when in fact the strike, lockout or other labor trouble then actually exists at the place of the proposed employment, is deemed false advertising and misrepresentation for the purposes of this section.
(b)
A violation of subsection (a) is a Class B misdemeanor.
(c)
(1)
Any worker who is influenced, induced or persuaded to engage with any persons mentioned in subsection (a), through or by means of any of the things prohibited in subsection (a), has a right of action for all damages that the worker has sustained in consequence of the false or deceptive representations, false advertising, and false pretenses used to induce the worker to change the worker's place of employment, against any person who, directly or indirectly, causes the damage.
(2)
In addition to all actual damages the worker may have sustained, the worker is entitled to recover such reasonable attorney's fees as the court shall fix, to be taxed as costs.
(d)
(1)
Any person who, in this or another state, hires, aids, abets, or assists in hiring, through agencies or otherwise, persons to guard with arms or deadly weapons of any kind for any such purpose, without a permit from the governor of this state, commits a Class E felony.
(2)
Nothing contained in subdivision (d)(1) shall be construed to interfere with the right of any person, in guarding or protecting the person's private property or private interests, as is now provided by law.
(e)
This section shall be construed only to apply in cases where workers are brought into this state, or induced to go from one place to another in this state by any false pretenses, false advertising or deceptive representations, or brought into this state under arms, or removed from one place to another in this state under arms.
Acts 1901, ch. 104, §§ 1-4; Shan., §§ 6886a1-6886a4; Code 1932, §§ 11363-11366; T.C.A. (orig. ed.), §§ 50-204 -- 50-207; Acts 1989, ch. 591, §§ 45, 112.
2023 Tennessee Code › Title 50 - EMPLOYER AND EMPLOYEE (§§ 50-1-101 — 50-11-106) › Chapter 1 - EMPLOYMENT RELATIONSHIP AND PRACTICES (§§ 50-1-101 — 50-1-1004) › Part 1 - HIRING PRACTICES (§§ 50-1-101 — 50-1-110) › Section 50-1-104 - State officials notified of plant closings or mass layoffs

Upon being served with advance written notification of a plant closing or mass layoff pursuant to § 3(a)(2) of the Worker Adjustment and Retraining Notification Act (
29 U.S.C. § 2102
), the commissioner of labor and workforce development shall immediately advise the commissioners of economic and community development, education, health, human services, and mental health and substance abuse services, the executive director of the state board of education, and the chancellor of the state university and community college system concerning the circumstances of the plant closing or mass layoff, including the number of employees affected.
Acts 1989, ch. 399, § 2; 1999, ch. 520, § 41; 2010 , ch. 1100, § 84; 2012 , ch. 575, § 2.
2023 Tennessee Code › Title 50 - EMPLOYER AND EMPLOYEE (§§ 50-1-101 — 50-11-106) › Chapter 1 - EMPLOYMENT RELATIONSHIP AND PRACTICES (§§ 50-1-101 — 50-1-1004) › Part 1 - HIRING PRACTICES (§§ 50-1-101 — 50-1-110) › Section 50-1-105 - Providing employee information to prospective employers - Good faith

Any employer that, upon request by a prospective employer or a current or former employee, provides truthful, fair and unbiased information about a current or former employee's job performance is presumed to be acting in good faith and is granted a qualified immunity for the disclosure and the consequences of the disclosure. The presumption of good faith is rebuttable upon a showing by a preponderance of the evidence that the information disclosed was:
(1)
Knowingly false;
(2)
Deliberately misleading;
(3)
Disclosed for a malicious purpose;
(4)
Disclosed in reckless disregard for its falsity or defamatory nature; or
(5)
Violative of the current or former employee's civil rights pursuant to current employment discrimination laws.
Acts 1995, ch. 422, § 1.
2023 Tennessee Code › Title 50 - EMPLOYER AND EMPLOYEE (§§ 50-1-101 — 50-11-106) › Chapter 1 - EMPLOYMENT RELATIONSHIP AND PRACTICES (§§ 50-1-101 — 50-1-1004) › Part 1 - HIRING PRACTICES (§§ 50-1-101 — 50-1-110) › Section 50-1-106 - Immigration status

(a)
As used in this section, unless the context otherwise requires:
(1)
"Individual taxpayer identification number" means a tax processing number issued by the federal internal revenue service for the purpose of facilitating federal tax reporting by those individuals who are not eligible to obtain a federal social security number. An individual taxpayer identification number is a nine-digit number that has the appearance of a federal social security number (xxx-xx-xxxx), but that always begins with the number nine (9) and includes the number seven (7) or eight (8) as the fourth digit (9xx-7x-xxxx). An individual taxpayer identification number is issued regardless of immigration status and is not a valid form of identification for any purpose other than federal tax processing;
(2)
"Lawful resident verification information" means the documentation that is required by the United States department of homeland security when completing the employment eligibility verification form commonly referred to as Form I-9; and
(3)
"Person" includes any individual, partnership, association, company, business or corporation of any size regulated by, doing business in or using the services of employees in this state, including entering into a contract for the provision of the services.
(b)
For purposes of an application or offer of employment, no person in this state shall accept an individual taxpayer identification number as a form of identification. Any person, including any contractor, in this state who is presented with an individual taxpayer identification number by a potential employee or subcontractor as a form of identification or to prove immigration status shall reject the number and shall request the lawful resident verification information that the person is required to obtain pursuant to federal law.
(c)
The commissioner of labor and workforce development is authorized to promulgate rules and regulations to effectuate the purposes of this section. The rules and regulations shall be promulgated in accordance with the Uniform Administrative Procedures Act, compiled in title 4, chapter 5.
Acts 2007, ch. 220, §§ 1, 2.
2023 Tennessee Code › Title 50 - EMPLOYER AND EMPLOYEE (§§ 50-1-101 — 50-11-106) › Chapter 1 - EMPLOYMENT RELATIONSHIP AND PRACTICES (§§ 50-1-101 — 50-1-1004) › Part 1 - HIRING PRACTICES (§§ 50-1-101 — 50-1-110) › Section 50-1-107 - Veterans preference

(a)
A private employer may adopt an employment policy that gives preference in hiring to:
(1)
An honorably discharged veteran;
(2)
The spouse of a veteran with a service-connected disability;
(3)
The unremarried widow or widower of a veteran who died of a service-connected disability; or
(4)
The unremarried widow or widower of a member of the United States armed forces who died in the line of duty.
(b)
A private employer adopting a veterans preference shall have the policy in writing and may require submission of a certificate of release or discharge from active duty, department of defense form 214 (DD 214), as proof of eligibility for the veterans preference employment policy.
(c)
A policy adopted pursuant to subsection (a) must be applied uniformly to employment decisions regarding hiring and promotion.
(d)
The preferences authorized by this section are not considered violations of any state or local equal employment opportunity law.
(e)
Nothing in this section requires a private employer to provide a preference in hiring to any of the persons listed in subsection (a).
Amended by 2017 Tenn. Acts, ch. 271,s 1, eff. 5/4/2017.
Added by 2017 Tenn. Acts, ch. 9,s 1, eff. 3/22/2017.
2023 Tennessee Code › Title 50 - EMPLOYER AND EMPLOYEE (§§ 50-1-101 — 50-11-106) › Chapter 1 - EMPLOYMENT RELATIONSHIP AND PRACTICES (§§ 50-1-101 — 50-1-1004) › Part 1 - HIRING PRACTICES (§§ 50-1-101 — 50-1-110) › Section 50-1-108 - Nondisclosure agreement with respect to sexual harassment in workplace as condition of employment prohibited

(a)
An employer, as defined in §
50-1-304
, shall not require an employee, as defined in §
50-1-304
, or a prospective employee to execute or renew a nondisclosure agreement with respect to sexual harassment in the workplace as a condition of employment.
(b)
Any employee injured as a result of a violation of subsection (a) has the same rights and remedies available to employees under §
50-1-304
.
Acts 2018 , ch. 965, § 1.
2023 Tennessee Code › Title 50 - EMPLOYER AND EMPLOYEE (§§ 50-1-101 — 50-11-106) › Chapter 1 - EMPLOYMENT RELATIONSHIP AND PRACTICES (§§ 50-1-101 — 50-1-1004) › Part 1 - HIRING PRACTICES (§§ 50-1-101 — 50-1-110) › Section 50-1-109 - [Effective 1/1/2025]

An employer, as defined in § 50-1-304, shall not require a physician, or a prospectively employed physician, to disclose participation in a physician wellness program, as defined in § 63-1-173, as a condition of employment or continued employment.
Added by 2024 Tenn. Acts, ch. 924,s 5, eff. 1/1/2025.
2023 Tennessee Code › Title 50 - EMPLOYER AND EMPLOYEE (§§ 50-1-101 — 50-11-106) › Chapter 1 - EMPLOYMENT RELATIONSHIP AND PRACTICES (§§ 50-1-101 — 50-1-1004) › Part 1 - HIRING PRACTICES (§§ 50-1-101 — 50-1-110) › Section 50-1-110 - [Effective 1/1/2025]

An employer, as defined in § 50-1-304, shall not require an independent contractor, or a prospective independent contractor, who is licensed pursuant to title 63, chapter 6 or 9, to disclose participation in a physician wellness program, as defined in § 63-1-173.
Added by 2024 Tenn. Acts, ch. 924,s 5, eff. 1/1/2025.
2023 Tennessee Code › Title 50 - EMPLOYER AND EMPLOYEE (§§ 50-1-101 — 50-11-106) › Chapter 1 - EMPLOYMENT RELATIONSHIP AND PRACTICES (§§ 50-1-101 — 50-1-1004) › Part 2 - RIGHT TO WORK (§§ 50-1-201 — 50-1-209) › Section 50-1-201 - Denial of employment because of affiliation or nonaffiliation with labor union or employee organization

It is unlawful for any person, firm, corporation or association of any kind to deny or attempt to deny employment to any person by reason of the person's membership in, affiliation with, resignation from, or refusal to join or affiliate with any labor union or employee organization of any kind.
Acts 1947, ch. 36, § 1; C. Supp. 1950, § 11366.2 (Williams, § 11412.8); T.C.A. (orig. ed.), § 50-208.
2023 Tennessee Code › Title 50 - EMPLOYER AND EMPLOYEE (§§ 50-1-101 — 50-11-106) › Chapter 1 - EMPLOYMENT RELATIONSHIP AND PRACTICES (§§ 50-1-101 — 50-1-1004) › Part 2 - RIGHT TO WORK (§§ 50-1-201 — 50-1-209) › Section 50-1-202 - Contracting for exclusion from employment because of affiliation or nonaffiliation with labor union or employee organization

It is unlawful for any person, firm, corporation or association of any kind to enter into any contract, combination or agreement, written or oral, providing for exclusion from employment of any person because of membership in, affiliation with, resignation from, or refusal to join or affiliate with any labor union or employee organization of any kind.
Acts 1947, ch. 36, § 2; C. Supp. 1950, § 11366.3 (Williams, § 11412.9); T.C.A. (orig. ed.), § 50-209.
2023 Tennessee Code › Title 50 - EMPLOYER AND EMPLOYEE (§§ 50-1-101 — 50-11-106) › Chapter 1 - EMPLOYMENT RELATIONSHIP AND PRACTICES (§§ 50-1-101 — 50-1-1004) › Part 2 - RIGHT TO WORK (§§ 50-1-201 — 50-1-209) › Section 50-1-203 - Exclusion from employment for payment of or failure to pay union or employee organization dues

It is unlawful for any person, firm, corporation or association of any kind to exclude from employment any person by reason of the person's payment of or failure to pay dues, fees, assessments or other charges to any labor union or employee organization of any kind.
Acts 1947, ch. 36, § 3; C. Supp. 1950, § 11366.4 (Williams, § 11412.10); T.C.A. (orig. ed.), § 50-210.
2023 Tennessee Code › Title 50 - EMPLOYER AND EMPLOYEE (§§ 50-1-101 — 50-11-106) › Chapter 1 - EMPLOYMENT RELATIONSHIP AND PRACTICES (§§ 50-1-101 — 50-1-1004) › Part 2 - RIGHT TO WORK (§§ 50-1-201 — 50-1-209) › Section 50-1-204 - Prohibition against execution of an agreement with union or employee organization that includes maintenance of membership clause

It is unlawful for any person, firm, corporation or association of any kind operating in this state to execute an agreement with a union or employee organization of any kind that includes a maintenance of membership clause prohibiting employees from withdrawing from a union or employee organization prior to the agreement's expiration. This section shall not apply to a city, town, municipality or county, including a county having a metropolitan form of government.
Acts 2011, ch. 178, § 2.
2023 Tennessee Code › Title 50 - EMPLOYER AND EMPLOYEE (§§ 50-1-101 — 50-11-106) › Chapter 1 - EMPLOYMENT RELATIONSHIP AND PRACTICES (§§ 50-1-101 — 50-1-1004) › Part 2 - RIGHT TO WORK (§§ 50-1-201 — 50-1-209) › Section 50-1-205 - Penalty

(a)
Any person, firm, corporation or association of any kind violating any of the provisions of this part commits a Class A misdemeanor.
(b)
Each day that any person, firm, corporation or association of any kind remains in violation of this part is deemed to be a separate and distinct offense, punishable in accordance with this section.
Acts 1947, ch. 36, § 5; C. Supp. 1950, § 11366.6 (Williams, § 11412.12); T.C.A. (orig. ed.), § 50-212; Acts 1989, ch. 591, § 111; T.C.A. §
50-1-204
; Acts 2011, ch. 178, §§ 1, 2.
2023 Tennessee Code › Title 50 - EMPLOYER AND EMPLOYEE (§§ 50-1-101 — 50-11-106) › Chapter 1 - EMPLOYMENT RELATIONSHIP AND PRACTICES (§§ 50-1-101 — 50-1-1004) › Part 2 - RIGHT TO WORK (§§ 50-1-201 — 50-1-209) › Section 50-1-206 - Right to work

(a)
It is the public policy of this state that employees of this state have the right to:
(1)
Employment without regard to any person's refusal to join or affiliate with, or decision to withdraw from or cease membership in, any labor union or employee organization of any kind;
(2)
Be employed free from the restraints of any contract, combination or agreement, written or oral, that provides for exclusion from employment of any person due to their refusal to join or affiliate with, or decision to withdraw from or cease membership in, any labor union or employee organization of any kind;
(3)
Be employed without regard to any person's refusal to pay dues, fees, assessments or other charges to any labor union or employee organization of any kind; and
(4)
Decertify a union or other bargaining representative upon compliance with the applicable federal law.
(b)
Private employers may physically post notice of the rights described in this section, at locations where notices are normally posted, informing employees about their rights under this section, or may physically disseminate such notice to employees if no such normal location for posting exists.
(c)
To assist private employers in informing workers of their rights as described in this section, the commissioner of labor and workforce development shall create model notice language reiterating the public policies of this state espoused in this part, which may be used by private employers accordingly.
(d)
The commissioner shall designate those persons in the department responsible for carrying out the commissioner's power, duties and responsibilities under this part.
Acts 2012, ch. 826, § 1.
2023 Tennessee Code › Title 50 - EMPLOYER AND EMPLOYEE (§§ 50-1-101 — 50-11-106) › Chapter 1 - EMPLOYMENT RELATIONSHIP AND PRACTICES (§§ 50-1-101 — 50-1-1004) › Part 2 - RIGHT TO WORK (§§ 50-1-201 — 50-1-209) › Section 50-1-208 - Relationship between franchisee and franchisor

(a)
Notwithstanding any voluntary agreement entered into between the United States department of labor and a franchisee, neither a franchisee nor a franchisee's employee shall be deemed to be an employee of the franchisor for any purpose.
(b)
For purposes of this section "franchisee" and "franchisor" have the same definitions as set out in
16 CFR 436.1
.
Added by 2015 Tenn. Acts, ch. 114,s 1, eff. 4/10/2015.
2023 Tennessee Code › Title 50 - EMPLOYER AND EMPLOYEE (§§ 50-1-101 — 50-11-106) › Chapter 1 - EMPLOYMENT RELATIONSHIP AND PRACTICES (§§ 50-1-101 — 50-1-1004) › Part 2 - RIGHT TO WORK (§§ 50-1-201 — 50-1-209) › Section 50-1-209 - Designation of nonessential workers limited

(a)
This section shall be known as "The Essential Workers Act."
(b)
Notwithstanding any law to the contrary, a local governmental entity or the executive head of a local government shall not, by executive order, ordinance, or resolution, create categories or classes of nonessential businesses, trades, professions, or industries for the purpose of suspending lawful commerce, encumbering trade, or denying citizens the right to work if such activities are otherwise lawful in this state, unless an explicit order of the local fire marshal or a court of competent jurisdiction declares that the business operating poses a clear and present danger to the citizenry of this state.
Added by 2021 Tenn. Acts, ch. 384,s 1, eff. 5/11/2021.
2023 Tennessee Code › Title 50 - EMPLOYER AND EMPLOYEE (§§ 50-1-101 — 50-11-106) › Chapter 1 - EMPLOYMENT RELATIONSHIP AND PRACTICES (§§ 50-1-101 — 50-1-1004) › Part 3 - WORKING CONDITIONS GENERALLY (§§ 50-1-301 — 50-1-314) › Section 50-1-301 - Toilet facilities for female employees

(a)
All persons employing female employees in any manufacturing or mercantile establishment shall provide separate privies or water closets for the female employees.
(b)
No male person shall enter the separate privies or water closets except for the purpose of repairing or cleaning the privies or water closets.
(c)
A violation of this section is a Class C misdemeanor.
Acts 1897, ch. 98, §§ 1-3; Shan., §§ 3079a27-3079a29; Code 1932, §§ 5309-5311; T.C.A. (orig. ed.), §§ 50-401 -- 50-403, 50-609 -- 50-611; Acts 1989, ch. 591, § 113.
2023 Tennessee Code › Title 50 - EMPLOYER AND EMPLOYEE (§§ 50-1-101 — 50-11-106) › Chapter 1 - EMPLOYMENT RELATIONSHIP AND PRACTICES (§§ 50-1-101 — 50-1-1004) › Part 3 - WORKING CONDITIONS GENERALLY (§§ 50-1-301 — 50-1-314) › Section 50-1-302 - Interference with choice of physician - Company doctors

(a)
It is unlawful for any employer, or agent, clerk or superintendent of the employer, to dictate or in any manner interfere with any employee or laborer in the employee's or laborer's rights to select the employee's or laborer's own family physician.
(b)
It is unlawful for any employer, or agent, clerk or superintendent of the employer, to retain or withhold any part or portion of the wages due to the employee or laborer for the avowed purpose of paying the salary of any person claiming to be the company doctor without the full consent of the employee or laborer. The whole amount of any wages so retained by consent shall be paid to the company doctor or other physician employed by the employee.
(c)
Any employer, or agent, clerk or superintendent of the employer, violating this section commits a Class C misdemeanor.
Acts 1889, ch. 259, §§ 1-3; Shan., §§ 6879-6881; mod. Code 1932, §§ 11355-11357; T.C.A. (orig. ed.), §§ 50-203, 50-318, 50-319; Acts 1989, ch. 591, § 113.
2023 Tennessee Code › Title 50 - EMPLOYER AND EMPLOYEE (§§ 50-1-101 — 50-11-106) › Chapter 1 - EMPLOYMENT RELATIONSHIP AND PRACTICES (§§ 50-1-101 — 50-1-1004) › Part 3 - WORKING CONDITIONS GENERALLY (§§ 50-1-301 — 50-1-314) › Section 50-1-303 - Employees required to leave premises upon ceasing work - Penalty

In all cases where an employee or employees ceases work for any employer, whether the severance is voluntary on the part of the employee or whether the employee is lawfully discharged, the employee or employees shall within a reasonable time thereafter withdraw from the premises of the employer in which they were employed. In the absence of other circumstances, twelve (12) hours from the date of the cessation of employment shall be a reasonable time. Any employee or employees failing and refusing to withdraw from the premises of the employer after the termination of employment commits a Class C misdemeanor.
Acts 1937, ch. 160, § 1; C. Supp. 1950, § 11366.1; T.C.A. (orig. ed.), § 50-213; Acts 1989, ch. 591, § 113.
2023 Tennessee Code › Title 50 - EMPLOYER AND EMPLOYEE (§§ 50-1-101 — 50-11-106) › Chapter 1 - EMPLOYMENT RELATIONSHIP AND PRACTICES (§§ 50-1-101 — 50-1-1004) › Part 3 - WORKING CONDITIONS GENERALLY (§§ 50-1-301 — 50-1-314) › Section 50-1-305 - Breast milk expressing by employees - Break time and place

(a)
As used in this section, "employer" means a person or entity that employs one (1) or more employees and includes the state and its political subdivisions.
(b)
An employer shall provide reasonable unpaid break time each day to an employee who needs to express breast milk for that employee's infant child. The break time shall, if possible, run concurrently with any break time already provided to the employee. An employer shall not be required to provide break time under this section if to do so would unduly disrupt the operations of the employer.
(c)
The employer shall make reasonable efforts to provide a room or other location in close proximity to the work area, other than a toilet stall, where the employee can express breast milk in privacy. The employer shall be held harmless if reasonable efforts have been made to comply with this subsection (c).
Acts 1999, ch. 161, § 1.
2023 Tennessee Code › Title 50 - EMPLOYER AND EMPLOYEE (§§ 50-1-101 — 50-11-106) › Chapter 1 - EMPLOYMENT RELATIONSHIP AND PRACTICES (§§ 50-1-101 — 50-1-1004) › Part 3 - WORKING CONDITIONS GENERALLY (§§ 50-1-301 — 50-1-314) › Section 50-1-306 - Authorization of patient to market or sell medical information

(a)
As used in this section, "medical information" includes lists of employees or family members receiving health insurance. "Medical information" does not include information that does not identify the patient.
(b)
It is unlawful for any employer, or an agent, contractor or employee of an employer, to market or sell medical information that directly identifies an employee, unless the patient has authorized the release in written, electronic or other form that indicates the patient's consent, including records for medical services provided or paid for by the employer for purposes unrelated to:
(1)
The provision of health care to the employee or family members receiving health insurance;
(2)
Payment for health care to the employee or family members receiving health insurance; or
(3)
Administration of any health plan or program offered by the plan.
(c)
A violation of this section shall be punished as a Class C misdemeanor.
(d)
This section shall not apply to information for which the employee or family member has executed a voluntary waiver or release.
Acts 2000, ch. 769, § 2.
2023 Tennessee Code › Title 50 - EMPLOYER AND EMPLOYEE (§§ 50-1-101 — 50-11-106) › Chapter 1 - EMPLOYMENT RELATIONSHIP AND PRACTICES (§§ 50-1-101 — 50-1-1004) › Part 3 - WORKING CONDITIONS GENERALLY (§§ 50-1-301 — 50-1-314) › Section 50-1-307 - Volunteer firefighters - Rights against termination

(a)
No employer shall terminate an employee who is a volunteer firefighter solely because the employee, when acting as a volunteer firefighter, is absent or late to the employee's employment in order to respond to an emergency prior to the time the employee is to report to employee's place of employment.
(b)
An employer may charge against the employee's regular pay any time that an employee who is a volunteer firefighter loses from employment because of the employee's response to an emergency.
(c)
An employer has the right to request an employee who loses time from the employee's employment to respond to an emergency to provide the employer with a written statement from the supervisor or acting supervisor of the volunteer fire department stating that the employee responded to an emergency and list the time and date of the emergency.
(d)
Any employee who is absent or late to the employee's employment in order to respond to an emergency shall make a reasonable effort to notify the employee's employer that the employee may be absent or late.
(e)
Any employee terminated in violation of this section may bring a civil action against the employee's employer. The employee may seek reinstatement to the employee's former position, payment of back wages, reinstatement of fringe benefits, and where seniority rights are granted, the reinstatement of seniority rights. The employee has one (1) year from the date of a violation of this section to file an action.
Acts 2003, ch. 148, § 1.
2023 Tennessee Code › Title 50 - EMPLOYER AND EMPLOYEE (§§ 50-1-101 — 50-11-106) › Chapter 1 - EMPLOYMENT RELATIONSHIP AND PRACTICES (§§ 50-1-101 — 50-1-1004) › Part 3 - WORKING CONDITIONS GENERALLY (§§ 50-1-301 — 50-1-314) › Section 50-1-308 - Payroll deductions for health insurance premiums

Notwithstanding any other law, any employer, including, but not limited to, state and local government employers, that offers health insurance regulated under title 56 to its employees, may provide a payroll deduction for the employee portion of the health insurance premiums on the request of any employee who participates in the health insurance program.
Acts 2006, ch. 590, § 1.
2023 Tennessee Code › Title 50 - EMPLOYER AND EMPLOYEE (§§ 50-1-101 — 50-11-106) › Chapter 1 - EMPLOYMENT RELATIONSHIP AND PRACTICES (§§ 50-1-101 — 50-1-1004) › Part 3 - WORKING CONDITIONS GENERALLY (§§ 50-1-301 — 50-1-314) › Section 50-1-309 - Volunteer firefighters - Permission to leave work - Allowance for time off following response to fire call

(a)
(1)
Notwithstanding §
50-1-307
, any employee who is an active volunteer firefighter may be permitted to leave work in order to respond to fire calls during the employee's regular hours of employment without loss of pay, vacation time, sick leave or earned overtime accumulation. The employee may be permitted to take off the next scheduled work period within twelve (12) hours following the response as a vacation day or sick leave day without loss of pay, if the employee assisted in fighting the fire for more than four (4) hours. If the employee is not entitled to a vacation day or sick leave day, then the employee may be permitted to take off the work period without pay.
(2)
In addition to subdivision (a)(1), any employee who is an active volunteer firefighter and who worked for more than four (4) hours the prior day or night as a volunteer firefighter in an emergency may be permitted to take off the next scheduled work period within twelve (12) hours following the emergency as a vacation day or sick leave day without the loss of pay. If the employee is not entitled to a vacation day or sick leave day then the employee may be permitted to take off the work period without pay.
(b)
The employer may require the employee to submit a written statement from the chief of the volunteer fire department verifying that the employee responded to a fire or was on-call and specifying the date, time and duration of the response.
Acts 2008, ch. 791, § 1.
2023 Tennessee Code › Title 50 - EMPLOYER AND EMPLOYEE (§§ 50-1-101 — 50-11-106) › Chapter 1 - EMPLOYMENT RELATIONSHIP AND PRACTICES (§§ 50-1-101 — 50-1-1004) › Part 3 - WORKING CONDITIONS GENERALLY (§§ 50-1-301 — 50-1-314) › Section 50-1-310 - Discharge of teacher for refusal to participate in or remain silent about illegal activities - Damages - Frivolous lawsuits

(a)
No teacher employed by a local education agency shall be discharged, terminated, or otherwise discriminated against with respect to compensation, terms, conditions or privileges of employment solely for refusing to participate in, or for refusing to remain silent about, illegal activities.
(b)
As used in this section, "illegal activities" means activities that are in violation of the criminal or civil code of this state or the United States or any regulation intended to protect the public health, safety or welfare.
(c)
(1)
Any teacher terminated or discriminated against in violation of subsection (a) shall have a cause of action against the employer for violation of this section and any other damages to which the employee may be entitled.
(2)
Any teacher terminated or discriminated against in violation of subsection (a) solely for refusing to participate in, or for refusing to remain silent about, illegal activities who prevails in a cause of action against an employer for such prohibited actions shall be entitled to recover reasonable attorney fees and costs.
(d)
(1)
This section shall not be used for frivolous lawsuits and anyone who files a frivolous lawsuit is subject to sanction as provided in subdivision (d)(2).
(2)
If any teacher files a cause of action for retaliatory discharge for any improper purpose, such as to harass or to cause needless increase in costs to the employer, the court, upon motion or upon its own initiative, shall impose upon the teacher an appropriate sanction, which may include an order to pay the other party or parties the amount of reasonable expenses incurred, including reasonable attorney's fee.
Acts 2008, ch. 885, § 1.
2023 Tennessee Code › Title 50 - EMPLOYER AND EMPLOYEE (§§ 50-1-101 — 50-11-106) › Chapter 1 - EMPLOYMENT RELATIONSHIP AND PRACTICES (§§ 50-1-101 — 50-1-1004) › Part 3 - WORKING CONDITIONS GENERALLY (§§ 50-1-301 — 50-1-314) › Section 50-1-311 - Employer prohibited from using results of voice stress analysis to prove misconduct by employee

(a)
As used in this section, "voice stress analysis" means the use of a device that has the ability to electronically analyze the responses of an individual to a specific set of questions and to record the analysis, both digitally and on a graph.
(b)
At any hearing or other employment procedure in which an employee is entitled to due process, no employer shall introduce the results of a voice stress analysis performed on an employee to prove misconduct by the employee.
Added by 2014 Tenn. Acts, ch. 928,s 1, eff. 7/1/2014.
2023 Tennessee Code › Title 50 - EMPLOYER AND EMPLOYEE (§§ 50-1-101 — 50-11-106) › Chapter 1 - EMPLOYMENT RELATIONSHIP AND PRACTICES (§§ 50-1-101 — 50-1-1004) › Part 3 - WORKING CONDITIONS GENERALLY (§§ 50-1-301 — 50-1-314) › Section 50-1-313 - Policy not permitting wearing of employee's hair in braids, locs, twists, or another manner prohibited - Complaints

(a)
As used in this section:
(1)
"Commissioner" means the commissioner of labor and workforce development or the commissioner's designee;
(2)
"Employee" means an individual who performs services for an employer for valuable consideration, and does not include a self-employed independent contractor; and
(3)
"Employer" means an individual or entity that employs one (1) or more employees and includes this state and political subdivisions of this state.
(b)
An employer shall not adopt a policy that does not permit an employee to wear the employee's hair in braids, locs, twists, or another manner that is part of the cultural identification of the employee's ethnic group or that is a physical characteristic of the employee's ethnic group.
(c)
(1)
A policy in violation of subsection (b) is deemed discriminatory and void as against the public policy of this state. A violation of this section does not form the basis for a violation of another provision of law.
(2)
This section does not create a private cause of action.
(d)
An employee may file a complaint for a violation of this section with the commissioner. The commissioner shall provide a warning to an employer in violation of this section.
(e)
This section does not apply to:
(1)
A public safety employee if it would prevent the employee from performing essential functions of the employee's job requirements during the course of employment; or
(2)
A policy that an employer must adopt to adhere to common industry safety standards, to maintain reasonable safety measures, or to comply with federal or state laws, rules, or regulations relative to health or safety.
Added by 2022 Tenn. Acts, ch. 1078,s 2, eff. 7/1/2022.
2023 Tennessee Code › Title 50 - EMPLOYER AND EMPLOYEE (§§ 50-1-101 — 50-11-106) › Chapter 1 - EMPLOYMENT RELATIONSHIP AND PRACTICES (§§ 50-1-101 — 50-1-1004) › Part 3 - WORKING CONDITIONS GENERALLY (§§ 50-1-301 — 50-1-314) › Section 50-1-314 - Cause of action for unlawful discharge of employee who is public servant

(a)
A public servant who was terminated by the public servant's employer or agent of the employer in violation of §
39-16-506
may bring a cause of action against the employer for unlawful discharge and any other damages to which the employee may be entitled, subject to the limitations set out in §
4-21-313
, and:
(1)
Treble the amount of damages resulting from or incident to the unlawful discharge; and
(2)
Reasonable attorney fees and costs.
(b)
If a public servant files a cause of action under this section for any improper purpose, such as to harass or to cause needless increase in costs to an employer, the court, upon motion or upon its own initiative, shall impose upon the public servant an appropriate sanction, which may include an order to pay the other party or parties the amount of reasonable expenses incurred, including reasonable attorney's fees.
(c)
In any cause of action for discharge brought pursuant to this section, the plaintiff shall have the burden of establishing a prima facie case of unlawful discharge. If the plaintiff satisfies this burden, the burden shall then be on the defendant to produce evidence that one (1) or more legitimate, nondiscriminatory reasons existed for the plaintiff's discharge. The burden on the defendant is one of production and not persuasion. If the defendant produces such evidence, the presumption of discrimination raised by the plaintiff's prima facie case is rebutted, and the burden shifts to the plaintiff to demonstrate that the reason given by the defendant was not the true reason for the plaintiff's discharge and that the stated reason was a pretext for unlawful discharge. The foregoing allocations of burdens of proof shall apply at all stages of the proceedings, including motions for summary judgment. The plaintiff at all times retains the burden of persuading the trier of fact that the plaintiff has been the victim of unlawful discharge.
(d)
This section abrogates and supersedes the common law with respect to any claim that could have been brought under this section.
Added by 2022 Tenn. Acts, ch. 1142, s 3, eff. 7/1/2022.
2023 Tennessee Code › Title 50 - EMPLOYER AND EMPLOYEE (§§ 50-1-101 — 50-11-106) › Chapter 1 - EMPLOYMENT RELATIONSHIP AND PRACTICES (§§ 50-1-101 — 50-1-1004) › Part 4 - PRIVATE PENSIONS AND RETIREMENT PLANS (§§ 50-1-401 — 50-1-402) › Section 50-1-401 - "Private pension and retirement plan" defined - Separate trust account established for employee contributions

(a)
As used in this part, "private pension and retirement plan" means any plan not covered by the federal employee retirement income security program, the Tennessee consolidated retirement system, or any other governmentally regulated pension and retirement fund.
(b)
(1)
Any person maintaining a private pension and retirement plan that receives its funding either partially or totally from the employees' pay shall deposit all money received for the plan in a separate trust account.
(2)
The funds in this separate account can only be used for the costs of administering the plan and for providing the benefits that accrue to the members of the plan.
Acts 1978, ch. 834, § 1; T.C.A., § 50-401; T.C.A., § 50-801.
2023 Tennessee Code › Title 50 - EMPLOYER AND EMPLOYEE (§§ 50-1-101 — 50-11-106) › Chapter 1 - EMPLOYMENT RELATIONSHIP AND PRACTICES (§§ 50-1-101 — 50-1-1004) › Part 4 - PRIVATE PENSIONS AND RETIREMENT PLANS (§§ 50-1-401 — 50-1-402) › Section 50-1-402 - Violation - Penalty

A violation of §
50-1-401
, requiring all funds in a private pension and retirement fund to be deposited in a separate trust account, is a Class E felony.
Acts 1979, ch. 122, § 1; T.C.A., § 50-802; Acts 1989, ch. 591, § 46.
2023 Tennessee Code › Title 50 - EMPLOYER AND EMPLOYEE (§§ 50-1-101 — 50-11-106) › Chapter 1 - EMPLOYMENT RELATIONSHIP AND PRACTICES (§§ 50-1-101 — 50-1-1004) › Part 5 - HEALTHY WORKPLACE ACT (§§ 50-1-501 — 50-1-506) › Section 50-1-501 - Short title

This part shall be known and may be cited as the "Healthy Workplace Act."
Added by 2014 Tenn. Acts, ch. 997,s 1, eff. 5/22/2014.
2023 Tennessee Code › Title 50 - EMPLOYER AND EMPLOYEE (§§ 50-1-101 — 50-11-106) › Chapter 1 - EMPLOYMENT RELATIONSHIP AND PRACTICES (§§ 50-1-101 — 50-1-1004) › Part 5 - HEALTHY WORKPLACE ACT (§§ 50-1-501 — 50-1-506) › Section 50-1-502 - Part definitions

As used in this part:
(1)
"Abusive conduct" means acts or omissions that would cause a reasonable person, based on the severity, nature, and frequency of the conduct, to believe that an employee was subject to an abusive work environment, such as:
(A)
Repeated verbal abuse in the workplace, including derogatory remarks, insults, and epithets;
(B)
Verbal, nonverbal, or physical conduct of a threatening, intimidating, or humiliating nature in the workplace; or
(C)
The sabotage or undermining of an employee's work performance in the workplace;
(2)
"Agency" means any department, commission, board, office or other agency of the executive, legislative or judicial branch of state government;
(3)
"Employee" means an employee of any county, metropolitan government, municipality, or other political subdivision of this state;
(4)
"Employer" means a private employer and a state or local governmental entity;
(5)
"Harassment" means two (2) or more instances of contact serving no legitimate purpose directed at an employee, in connection with that person's status as an employee, that a reasonable person would consider alarming, threatening, intimidating, abusive, or emotionally distressing and that does or reasonably could interfere with the performance of the employee's duties; and
(6)
"Instance of contact" means a direct communication or physical touching.
Amended by 2019 Tenn. Acts, ch. 331,s 1, eff. 5/10/2019.
Amended by 2019 Tenn. Acts, ch. 214,s 1, eff. 4/23/2019.
Added by 2014 Tenn. Acts, ch. 997,s 1, eff. 5/22/2014.
2023 Tennessee Code › Title 50 - EMPLOYER AND EMPLOYEE (§§ 50-1-101 — 50-11-106) › Chapter 1 - EMPLOYMENT RELATIONSHIP AND PRACTICES (§§ 50-1-101 — 50-1-1004) › Part 5 - HEALTHY WORKPLACE ACT (§§ 50-1-501 — 50-1-506) › Section 50-1-503 - Development of model policy for employers to prevent abusive conduct in the workplace - Requirements of policy

(a)
No later than March 1, 2015, the Tennessee advisory commission on intergovernmental relations (TACIR) shall create a model policy for employers to prevent abusive conduct in the workplace. The model policy shall be developed in consultation with the department of human resources and interested municipal and county organizations including, but not limited to, the Tennessee municipal league, the Tennessee county services association, the municipal technical advisory service (MTAS), and the county technical assistance service (CTAS).
(b)
The model policy created pursuant to subsection (a) shall:
(1)
Assist employers in recognizing and responding to abusive conduct in the workplace; and
(2)
Prevent retaliation against any employee who has reported abusive conduct in the workplace.
(c)
Each employer may adopt the policy created pursuant to subsection (a) as a policy to address abusive conduct in the workplace.
Added by 2014 Tenn. Acts, ch. 997,s 1, eff. 5/22/2014.
2023 Tennessee Code › Title 50 - EMPLOYER AND EMPLOYEE (§§ 50-1-101 — 50-11-106) › Chapter 1 - EMPLOYMENT RELATIONSHIP AND PRACTICES (§§ 50-1-101 — 50-1-1004) › Part 5 - HEALTHY WORKPLACE ACT (§§ 50-1-501 — 50-1-506) › Section 50-1-504 - Immunity of employer when policy adopted - Cause of action against employer not created

(a)
Notwithstanding §
29-20-205
, if an employer adopts the model policy created by TACIR pursuant to §
50-1-503(a)
or adopts a policy that conforms to the requirements set out in §
50-1-503(b)
, then the employer is immune from suit for any employee's abusive conduct that results in negligent or intentional infliction of mental anguish. Nothing in this section limits the personal liability of an employee for any abusive conduct in the workplace.
(b)
Nothing in this section creates a cause of action against an employer who does not adopt the model policy created by TACIR pursuant to §
50-1-503(a)
or adopt a policy conforming to the requirements set out in §
50-1-503(b)
.
Amended by 2019 Tenn. Acts, ch. 214,s 2, eff. 4/23/2019.
Added by 2014 Tenn. Acts, ch. 997,s 1, eff. 5/22/2014.
2023 Tennessee Code › Title 50 - EMPLOYER AND EMPLOYEE (§§ 50-1-101 — 50-11-106) › Chapter 1 - EMPLOYMENT RELATIONSHIP AND PRACTICES (§§ 50-1-101 — 50-1-1004) › Part 5 - HEALTHY WORKPLACE ACT (§§ 50-1-501 — 50-1-506) › Section 50-1-505 - Injunction against person who commits harassment against employee of county, municipal, or metropolitan government

A county, municipal, or metropolitan government may, through its attorney, seek an injunction against a person who commits harassment against an employee. The injunction may be sought in any court of competent jurisdiction having the power to grant injunctions. Nothing in this section shall be construed to authorize any cause of action unrelated to a person's status as an employee.
Added by 2019 Tenn. Acts, ch. 331,s 2, eff. 5/10/2019.
2023 Tennessee Code › Title 50 - EMPLOYER AND EMPLOYEE (§§ 50-1-101 — 50-11-106) › Chapter 1 - EMPLOYMENT RELATIONSHIP AND PRACTICES (§§ 50-1-101 — 50-1-1004) › Part 5 - HEALTHY WORKPLACE ACT (§§ 50-1-501 — 50-1-506) › Section 50-1-506 - Injunction against person who commits harassment against state employee

(a)
The state may, through the office of the attorney general, seek an injunction against a person who commits harassment against a state employee. The injunction may be sought in any court of competent jurisdiction having the power to grant injunctions. This section does not authorize any cause of action unrelated to a person's status as a state employee. This section does not authorize a court to issue an injunction prohibiting activities that are protected by the constitutions of this state or the United States, including, but not limited to, political speech.
(b)
Notwithstanding §
50-1-502
, as used in this section, "state employee" has the same meaning as defined in §
8-42-101
.
Acts 2020, ch. 694, § 1.
2023 Tennessee Code › Title 50 - EMPLOYER AND EMPLOYEE (§§ 50-1-101 — 50-11-106) › Chapter 1 - EMPLOYMENT RELATIONSHIP AND PRACTICES (§§ 50-1-101 — 50-1-1004) › Part 6 - PLANT CLOSINGS AND REDUCTION IN OPERATIONS (§§ 50-1-601 — 50-1-604) › Section 50-1-601 - Part definitions

As used in this part, unless the context otherwise requires:
(1)
"Employer" means any person, corporation or other entity that employs at least fifty (50) but not more than ninety-nine (99) full-time employees at a workplace located within this state, and that is not excluded or exempt from the requirements of the Employment Security Law, compiled in chapter 7 of this title;
(2)
"Reduction in operations" means:
(A)
The closure of a workplace, or a portion of the operations in the workplace, whereby the number of employees working within the workplace is permanently or indefinitely reduced by fifty (50) or more during any three-month period;
(B)
The modernization of a workplace, or a portion of the operations in the workplace, whereby the number of employees working within the workplace is permanently or indefinitely reduced by fifty (50) or more during any three-month period;
(C)
The relocation of a workplace, or a portion of the operations in the workplace, to another site located more than fifty (50) miles from the workplace, whereby the number of employees working within the workplace is permanently or indefinitely reduced by fifty (50) or more during any three-month period; or
(D)
The implementation or application of any management policy within a workplace, whereby the number of employees working within the workplace is permanently or indefinitely reduced by fifty (50) or more during any three-month period; and
(3)
"Workplace" means a factory, plant, office or other facility where employees produce goods or provide services.
Acts 1988, ch. 997, § 2; 1989, ch. 399, § 1.
2023 Tennessee Code › Title 50 - EMPLOYER AND EMPLOYEE (§§ 50-1-101 — 50-11-106) › Chapter 1 - EMPLOYMENT RELATIONSHIP AND PRACTICES (§§ 50-1-101 — 50-1-1004) › Part 6 - PLANT CLOSINGS AND REDUCTION IN OPERATIONS (§§ 50-1-601 — 50-1-604) › Section 50-1-602 - Notification of employees and state

(a)
Upon notifying affected employees of a reduction in operations, the employer shall then notify state government by telephoning the commissioner of labor and workforce development and informing the commissioner of the circumstances of the reduction in operations, as well as the number of employees affected.
(b)
(1)
The commissioner of labor and workforce development shall obtain and operate a toll-free telephone line for the purpose of receiving and encouraging employer compliance with subsection (a).
(2)
The commissioner shall regularly undertake appropriate activities to inform and remind employers of the existence of the toll-free telephone line and of the requirements contained in subsection (a).
(c)
Upon receiving initial notification of a reduction in operations, the commissioner shall immediately advise the commissioners of economic and community development, education, health, human services, and mental health and substance abuse services, the executive director of the state board of education, and the chancellor of the board of regents of the state university and community college system, concerning the circumstances of the reduction in operations and the number of affected employees.
Acts 1988, ch. 997, § 3; 1989, ch. 399, § 3; 1999, ch. 520, § 41; 2010, ch. 1100, § 85; 2012, ch. 575, § 2.
2023 Tennessee Code › Title 50 - EMPLOYER AND EMPLOYEE (§§ 50-1-101 — 50-11-106) › Chapter 1 - EMPLOYMENT RELATIONSHIP AND PRACTICES (§§ 50-1-101 — 50-1-1004) › Part 6 - PLANT CLOSINGS AND REDUCTION IN OPERATIONS (§§ 50-1-601 — 50-1-604) › Section 50-1-603 - Provisions not applicable in certain situations

Section
50-1-602(a)
shall not apply to any reduction in operations that:
(1)
Results solely from a labor dispute;
(2)
Occurs at a construction site or other temporary workplace; or
(3)
Results from seasonal factors, as determined by the rules of the commissioner of labor and workforce development to be customary within the business or industry.
Acts 1988, ch. 997, § 4; 1989, ch. 399, § 3; 1999, ch. 520, § 41.
2023 Tennessee Code › Title 50 - EMPLOYER AND EMPLOYEE (§§ 50-1-101 — 50-11-106) › Chapter 1 - EMPLOYMENT RELATIONSHIP AND PRACTICES (§§ 50-1-101 — 50-1-1004) › Part 6 - PLANT CLOSINGS AND REDUCTION IN OPERATIONS (§§ 50-1-601 — 50-1-604) › Section 50-1-604 - Rules

The commissioner of labor and workforce development shall promulgate rules necessary to implement this part in an orderly and efficient manner, in accordance with the Uniform Administrative Procedures Act, compiled in title 4, chapter 5.
Acts 1988, ch. 997, § 5; 1989, ch. 399, § 3; 1999, ch. 520, § 41.
2023 Tennessee Code › Title 50 - EMPLOYER AND EMPLOYEE (§§ 50-1-101 — 50-11-106) › Chapter 1 - EMPLOYMENT RELATIONSHIP AND PRACTICES (§§ 50-1-101 — 50-1-1004) › Part 7 - TENNESSEE LAWFUL EMPLOYMENT ACT (§§ 50-1-701 — 50-1-715) › Section 50-1-701 - Short title

This part shall be known and may be cited as the "Tennessee Lawful Employment Act."
Acts 2011, ch. 436, § 5.