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 7 - TENNESSEE LAWFUL EMPLOYMENT ACT (§§ 50-1-701 — 50-1-715) › Section 50-1-702 - Part definitions

As used in this part:
(1)
"Commissioner" means the commissioner of labor and workforce development, or the commissioner's designee;
(2)
"Department" means the department of labor and workforce development, unless the context provides otherwise;
(3)
"Department of homeland security" means the United States department of homeland security, or the appropriate agency or division within such department, or any successor department, agency, or division thereto;
(4)
"Economic development incentive" means any grant, loan or performance-based incentive from any governmental entity;
(5)
"Employee" means any individual for whom an employer must complete a Form I-9 pursuant to federal law and regulations, and does not include an independent contractor as defined by
8 U.S.C. § 1324a
and its regulations;
(6)
"Employer" means private employers and governmental entities;
(7)
"E-Verify program" means the federal electronic work authorization verification service provided by the department of homeland security pursuant to the federal Basic Pilot Program Extension and Expansion Act of 2003, Pub. L. No. 108-156, or any successor program thereto;
(8)
"Governmental entity" means this state or any political subdivision which exercises governmental powers under the laws of this state and uses tax revenues;
(9)
"Internet access" means internet service that is installed and accessible at an employer's place of business;
(10)
"License" means any certificate, approval, registration, or similar form of permission issued by a local government with respect to business licensure as described in title 67, chapter 4;
(11)
"Nonemployee" means any individual, other than an employee, paid directly by the employer in exchange for the individual's labor or services;
(12)
"Person" means an individual, corporation, partnership, or other legal entity;
(13)
"Private employer" means any person who is required by federal law and regulations to report, for any purpose, remuneration paid to at least six (6) employees; and
(14)
"Tax form" means any form issued by the United States internal revenue service, including, but not limited to, Form W-2, Form-1099 or Form-1040.
Acts 2011 , ch. 436, § 5; 2012 , ch. 736, § 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 7 - TENNESSEE LAWFUL EMPLOYMENT ACT (§§ 50-1-701 — 50-1-715) › Section 50-1-704 - Employer's knowing misclassification to avoid requirements

(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.
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 50-1-705 - Posting of list of employers against whom final orders issued

(a)
Beginning February 1, 2012, and on a monthly basis thereafter, the department shall post a publicly accessible list on the department's website of any employer against whom a final order has been issued pursuant to this part.
(b)
The list required to be posted pursuant to this section shall state, at a minimum, the employer's name, the place of business of a private employer where the violation occurred, a brief description of the violation, a designation of the violation as a first or subsequent violation, and any penalties that have been assessed against the employer.
(c)
The list shall remain on the website for such time as determined by the commissioner.
(d)
The department shall electronically transmit a report to each member of the general assembly of the total number of final orders issued pursuant to this part, and the total number of violations of §
12-3-309
, by December 1, 2016, and each December 1 thereafter.
Amended by 2016 Tenn. Acts, ch. 676, s 1, eff. 7/1/2016.
Acts 2011 , ch. 436, § 5.
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 50-1-706 - Protection against retaliation

Any individual alleging a violation of this part shall have all protections under §§
8-50-116
and
50-1-304
, and any other applicable protections as provided by law.
Acts 2011, ch. 436, § 5.
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 50-1-707 - Compliance deadline

On or after January 1, 2012, in addition to any other requirement to receive an economic development incentive, a private employer shall be in compliance with this part.
Acts 2011, ch. 436, § 5.
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 50-1-708 - Lawful employment enforcement fund

(a)
There is created in the state treasury a fund to be known as the lawful employment enforcement fund. Moneys collected by the department pursuant to this part shall be deposited in this fund and shall only be used by the department to implement and administer the purposes set forth in this part, including, but not limited to, enforcement and education. Moneys in the fund shall not revert to the general fund of the state, but shall remain available to be used as provided for in this section.
(b)
Interest accruing on investments and deposits of the lawful employment enforcement fund shall be credited to such account, shall not revert to the general fund, and shall be carried forward into each subsequent fiscal year.
(c)
Moneys in the lawful employment enforcement fund account shall be invested by the state treasurer in accordance with §
9-4-603
.
Acts 2011, ch. 436, § 5.
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 50-1-709 - Termination of employment of illegal aliens

If an employer fails to terminate the employment of any individual for whom the employer receives a final nonconfirmation result from the E-Verify program, then the department may consider such fact when making a determination pursuant to §
50-1-103
.
Acts 2011 , ch. 436, § 5.
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 50-1-710 - Enforcement without prejudice

This part shall be enforced without regard to race, color, or national origin.
Acts 2011, ch. 436, § 5.
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 50-1-711 - Compliance with federal immigration law

Nothing in this part shall be construed to abrogate any obligations by an employer to comply with federal immigration law, including, but not limited to, the proper completing and maintaining of federal employment eligibility verification forms or documents.
Acts 2011, ch. 436, § 5.
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 50-1-712 - Interpretation as fully consistent with federal immigration and labor laws

This part shall be interpreted so as to be fully consistent with all federal laws, including, but not limited to, federal laws regulating immigration and labor.
Acts 2011, ch. 436, § 5.
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 50-1-713 - Exemption when E - Verify program suspended or not operational - Exemption for false report generated by E - Verify program

An employer is not in violation of this part:
(1)
During a time period in which the E-Verify program is suspended or not operational; or
(2)
If the employer acts upon false results generated by the E-Verify program concerning an employee's work authorization status.
Amended by 2022 Tenn. Acts, ch. 832, s 4, eff. 4/19/2022.
Acts 2011 , ch. 436, § 5.
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 50-1-714 - Rules and regulations

The commissioners of labor and workforce development and safety are authorized to promulgate rules and regulations to effectuate the purposes of this part. All rules and regulations shall be promulgated in accordance with the Uniform Administrative Procedures Act, compiled in title 4, chapter 5.
Acts 2011, ch. 436, § 6.
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 50-1-715 - Expiration of federal electronic work authorization verification system

If the federal electronic work authorization verification service provided by the United States department of homeland security pursuant to the federal Basic Pilot Program Extension and Expansion Act of 2003, Pub. L. No. 108-156, or any successor program, expires and a successor program is not implemented prior to such expiration date, then this part shall cease to be effective as of such expiration date.
Acts 2011 , ch. 436, § 7.
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 8 - RETALIATORY DISCHARGE (§§ 50-1-801 — 50-1-802) › Section 50-1-801 - Burden of proof in case of retaliatory discharge

In any civil cause of action alleging wrongful discharge in violation of Tennessee public policy, including, but not limited to a discharge in retaliation for the exercise of rights under the Tennessee workers' compensation law, the plaintiff shall have the burden of establishing a prima facie case of retaliatory discharge. If the plaintiff satisfies this burden, the burden shall then be on the defendant to produce evidence that one (1) or more legitimate, nondiscriminatory reasons existed for the plaintiff's discharge. The burden on the defendant is one of production and not persuasion. If the defendant produces such evidence, the presumption of discrimination raised by the plaintiff's prima facie case is rebutted, and the burden shifts to the plaintiff to demonstrate that the reason given by the defendant was not the true reason for the plaintiff's discharge and that the stated reason was a pretext for unlawful retaliation. The foregoing allocations of burdens of proof shall apply at all stages of the proceedings, including motions for summary judgment. The plaintiff at all times retains the burden of persuading the trier of fact that the plaintiff has been the victim of unlawful retaliation or wrongful discharge.
Acts 2011, ch. 461, § 3.
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 8 - RETALIATORY DISCHARGE (§§ 50-1-801 — 50-1-802) › Section 50-1-802 - No cause of action for certain employees

An employee has no civil cause of action alleging wrongful or retaliatory discharge against the employee's employer if:
(1)
The employee is not authorized to work in the United States under federal immigration laws; and
(2)
The employer was not aware that the employee was not authorized to work in the United States under federal immigration laws.
Added by 2022 Tenn. Acts, ch. 832,s 5, eff. 4/19/2022.
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 9 - EXCLUSIVE BARGAINING REPRESENTATIVE (§ 50-1-901) › Section 50-1-901 - Designating an exclusive bargaining representative

(a)
All employees and employers in this state, when seeking to designate an exclusive bargaining representative through an election permitted by state or federal law, have the right to make such designation by secret ballot, when secret ballot is permitted by such law; under such circumstances, no alternative means of designation shall be used in this state as convincing evidence of employee majority support.
(b)
Any agreement, understanding, or practice, written or oral, implied or expressed, between any labor organization and an employer that violates the rights of employees as guaranteed by this section shall be null and void.
(c)
This section shall not apply to employee representation agreements:
(1)
Entered into prior to July 1, 2011; or
(2)
Involving both employees within and without this state when the employer conducted business within this state prior to July 1, 2011.
Acts 2011, ch. 502, § 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 10 - EMPLOYEE ONLINE PRIVACY ACT OF 2014 (§§ 50-1-1001 — 50-1-1004) › Section 50-1-1001 - Short title

This part shall be known and may be cited as the "Employee Online Privacy Act of 2014."
Added by 2014 Tenn. Acts, ch. 826,s 2, eff. 1/1/2015.
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 10 - EMPLOYEE ONLINE PRIVACY ACT OF 2014 (§§ 50-1-1001 — 50-1-1004) › Section 50-1-1002 - Part definitions

As used in this part:
(1)
"Adverse action" means to discharge, threaten, or otherwise discriminate against an employee in any manner that affects the employee's employment, including compensation, terms, conditions, location, rights, immunities, promotions, or privileges;
(2)
"Applicant" means an individual who has applied for employment with an employer;
(3)
"Employer" means a person or entity that employs one (1) or more employees and includes the state and its political subdivisions and an agent, representative, or designee of the employer;
(4)
"Law enforcement agency" has the same meaning as defined in §
39-17-314
; and
(5)
"Personal internet account":
(A)
Means an online account that is used by an employee or applicant exclusively for personal communications unrelated to any business purpose of the employer; and includes any electronic medium or service where users may create, share or view content, including, emails, messages, instant messages, text messages, blogs, podcasts, photographs, videos or user-created profiles; and
(B)
Does not include an account created, maintained, used, or accessed by an employee or applicant for business-related communications or for a business purpose of the employer.
Added by 2014 Tenn. Acts, ch. 826, s 3, eff. 1/1/2015.
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 10 - EMPLOYEE ONLINE PRIVACY ACT OF 2014 (§§ 50-1-1001 — 50-1-1004) › Section 50-1-1004 - Severability

If any provision of this part or the application of any provision of this part to any person or circumstance is held invalid, the invalidity shall not affect other provisions or applications of the part that can be given effect without the invalid provision or application, and to that end, the provisions of this part are declared to be severable.
Added by 2014 Tenn. Acts, ch. 826,s 5, eff. 1/1/2015.
2023 Tennessee Code › Title 50 - EMPLOYER AND EMPLOYEE (§§ 50-1-101 — 50-11-106) › Chapter 2 - WAGE REGULATIONS (§§ 50-2-101 — 50-2-206) › Part 1 - GENERAL PROVISIONS (§§ 50-2-101 — 50-2-115) › Section 50-2-101 - Prospective employee to be informed as to wages - Exceptions - Enforcement

(a)
As used in this section, "workshops and factories" includes manufacturing, mills, mechanical, electrical, mercantile, art, and laundering establishments, printing, telegraph, and telephone offices, department stores, or any kind of establishment where labor is employed or machinery is used; provided, that domestic service and agricultural pursuits are excluded.
(b)
It is unlawful for any proprietor, foreman, owner or other person to employ, permit or suffer to work for hire, in, about, or in connection with any workshop or factory any person whatsoever without first informing the employee of the amount of wages to be paid for the labor. This shall not apply to farm labor. Nothing in this section shall apply to railroad companies engaged in interstate commerce and subject to the federal Railway Labor Act (
45 U.S.C. § 151
et seq.).
(c)
(1)
The failure on the part of any proprietor, foreman, owner or other person in charge of any industry named in subsection (a) to inform any employee of the wages to be paid as provided in this section is a Class C misdemeanor.
(2)
Nothing in this section shall be so construed to preclude the employment of any person or persons on a piece-work basis or on a commission basis.
(d)
The department of labor and workforce development shall enforce this section.
Amended by 2013 Tenn. Acts, ch. 240, Secs.s 1, s 2 eff. 4/23/2013.
Acts 1915, ch. 144, § 1; Shan., § 4433a95; Code 1932, § 5324; Acts 1935, ch. 73, §§ 1, 2; C. Supp. 1950, §§ 5330.1, 5330.2; T.C.A. (orig. ed.), §§ 50-301, 50-302; Acts 1989, ch. 591, § 113.
2023 Tennessee Code › Title 50 - EMPLOYER AND EMPLOYEE (§§ 50-1-101 — 50-11-106) › Chapter 2 - WAGE REGULATIONS (§§ 50-2-101 — 50-2-206) › Part 1 - GENERAL PROVISIONS (§§ 50-2-101 — 50-2-115) › Section 50-2-102 - Redemption of coupons or scrip

(a)
All persons, firms and corporations using coupons, scrip, punchouts, store orders or other evidence of indebtedness to pay their laborers and employees, for labor or otherwise, shall, if demanded, redeem the coupons, scrip, punchouts, store orders or other evidence of indebtedness in the hands of the laborer, employee or bona fide holder, in good and lawful money of the United States; provided, that the coupons, scrip, punchouts, store orders or other evidence of indebtedness is presented and redemption demanded of the person, firm or corporation issuing the coupons, scrip, punchouts, store orders or other evidence of indebtedness, as mentioned in this subsection (a), at a regular pay day of the person, firm or corporation to laborers or employees; or, if presented and redemption demanded by the laborers, employees or bona fide holders at any time not less than thirty (30) days from the issuance or delivery of the coupon or other evidence of indebtedness to the employees, laborers or bona fide holder. Redemption shall be at the face value of the coupon or other evidence of indebtedness; provided, that the face value shall be in cash the same as its purchasing power in goods, wares and merchandise at the commissary store or other repository of the company, firm, person or corporation.
(b)
Any employee, laborer or bona fide holder, upon presentation and demand for redemption of the coupon or other evidence of indebtedness, and upon refusal of the person, firm or corporation to redeem the coupon or other evidence of indebtedness in good and lawful money of the United States, may maintain in the employee's, laborer's or bona fide holder's own name an action before any court of competent jurisdiction against the person, firm or corporation, issuing the coupon or other evidence of indebtedness, pursuant to subsection (a), for the recovery of the value of the coupon or other evidence of indebtedness; and, if the plaintiff recovers judgment in the case, it shall include a penalty of twenty-five percent (25%) of the amount due and a reasonable fee for the plaintiff's attorney for the attorney's services in the suit, all of which, as well as the costs, shall be taxed against the defendant.
(c)
Nothing in this section is to be construed as to legalize the issuance or use of scrip.
Acts 1899, ch. 11, §§ 1-3; 1915, ch. 90, § 1; Shan., § 3608a75-3608a77; Code 1932, §§ 6710-6712; T.C.A. (orig. ed.), §§ 50-303 -- 50-305.
2023 Tennessee Code › Title 50 - EMPLOYER AND EMPLOYEE (§§ 50-1-101 — 50-11-106) › Chapter 2 - WAGE REGULATIONS (§§ 50-2-101 — 50-2-206) › Part 1 - GENERAL PROVISIONS (§§ 50-2-101 — 50-2-115) › Section 50-2-104 - Misrepresenting wages in new employment

Any employer who misrepresents to any employee the amount of wages that the employee is to receive on entering into a new contract of employment commits a Class C misdemeanor. Further, any employer who misrepresents to any employee the amount of wages that the employee is to receive on entering into a new contract of employment shall be subject to a civil penalty of not less than five hundred dollars ($500) nor more than one thousand dollars ($1,000) at the discretion of the commissioner or the commissioner's designated representative. If the commissioner or the commissioner's designated representative determines that the violation was unintentional, there shall be a warning, in lieu of a penalty, on the first offense. On second or subsequent violations, the civil penalty is applicable and may be assessed at the discretion of the commissioner, or the commissioner's designated representative. It shall be at the sole discretion of the commissioner to elect to proceed either civilly or criminally upon any violation of this part; however, the employer shall not be charged both civilly and criminally for the same violation.
Acts 1917, ch. 48, § 1; Shan., § 4338a1; mod. Code 1932, § 8561; T.C.A. (orig. ed.), § 50-314; Acts 1989, ch. 591, § 113; 1993, ch. 219, § 2; 2001, ch. 128, § 2; 2003, ch. 142, § 2.
2023 Tennessee Code › Title 50 - EMPLOYER AND EMPLOYEE (§§ 50-1-101 — 50-11-106) › Chapter 2 - WAGE REGULATIONS (§§ 50-2-101 — 50-2-206) › Part 1 - GENERAL PROVISIONS (§§ 50-2-101 — 50-2-115) › Section 50-2-105 - Restrictions on assignment of income - Court orders

(a)
As used in this section:
(1)
"Court" and "clerk" are defined as set out in §
26-2-201
; and
(2)
"Employer" includes the state and any political subdivision of the state.
(b)
(1)
No action shall be brought to charge any employer upon any assignment by any clerk, servant or employee of the employer to any person of any wages or salaries unearned at the time of the assignment, unless the assignment at the time of the execution of the assignment has been assented to in writing by the employer, or unless the assignment is to enforce support orders as provided in title 36, chapter 5, part 5.
(2)
"Support," "order of support" or "child support" includes child support, and support for a spouse or ex-spouse if the obligor is legally responsible for the support of a child residing with the spouse or ex-spouse.
(c)
Assignment of income by a court for child support or spousal support shall be made according to title 36, chapter 5. If an employer fails to comply with the order, a judgment may be entered against the employer in the same manner as set forth in title 26, chapter 2, part 2.
(d)
An order for the assignment of income entered by a court under subsections (b) and (c) for child support entered before October 1, 1985, shall remain in full force and effect, and any new orders for assignment of income or for modification or termination of assignments of income shall be as provided in title 36, chapter 5.
Acts 1903, ch. 21, § 1; 1903, ch. 53, § 1; Shan., § 4341a1; Code 1932, § 8562; Acts 1981, ch. 61, § 1; T.C.A. (orig. ed.), § 50-315; Acts 1985, ch. 477, § 12; 1986, ch. 890, § 7; 1994, ch. 987, § 15; 2002, ch. 651, § 6.
2023 Tennessee Code › Title 50 - EMPLOYER AND EMPLOYEE (§§ 50-1-101 — 50-11-106) › Chapter 2 - WAGE REGULATIONS (§§ 50-2-101 — 50-2-206) › Part 1 - GENERAL PROVISIONS (§§ 50-2-101 — 50-2-115) › Section 50-2-106 - Company stores

(a)
It is not lawful for any employer, or agent, clerk or superintendent of the employer, who owns or controls a store for the sale of general merchandise in connection with the employer's manufacturing or other business, to attempt to control the employer's employees or laborers in the purchase of goods and supplies at the store, by withholding the payment of wages longer than the usual time of payment, whereby the employee would be compelled to purchase supplies at the employer's store.
(b)
No employee shall be required, as a condition of employment, to trade at a store specified by the employer.
(c)
Any person violating this section commits a Class C misdemeanor.
Acts 1887, ch. 155, §§ 1-2; Shan., §§ 6882-6883; mod. Code 1932, §§ 11361-11362; Acts 1935, ch. 58, § 1; C. Supp. 1950, § 1136.1; T.C.A. (orig. ed.), §§ 50-316, 50-317; Acts 1989, ch. 591, § 113.
2023 Tennessee Code › Title 50 - EMPLOYER AND EMPLOYEE (§§ 50-1-101 — 50-11-106) › Chapter 2 - WAGE REGULATIONS (§§ 50-2-101 — 50-2-206) › Part 1 - GENERAL PROVISIONS (§§ 50-2-101 — 50-2-115) › Section 50-2-107 - Distribution of service charges or gratuities

(a)
(1)
If a business, including a private club, lounge, bar or restaurant, includes on the bill presented to and paid by a customer, member or patron an automatic percentage or specific dollar amount denominated as a service charge, tip, gratuity, or otherwise, which amount is customarily assumed to be intended for the employee or employees who have served the customer, member or patron, that amount shall be paid over to or distributed among the employee or employees who have rendered that service. The payment shall be made at the close of business on the day the amount is received or at the time the employee is regularly paid, or, in the case of a bill for which credit is extended to a customer, member or patron, payment shall be made at the close of business on the day the amount is collected or on the first day the employee is regularly paid occurring after the amount is collected.
(2)
The payment shall not be reduced, docked or otherwise diminished to penalize an employee for any actions in connection with the employee's employment, if it is derived from a mandatory service charge or tip collected from customers, members or patrons.
(3)
(A)
This section does not apply to bills for food or beverage served in a banquet, convention or meeting facility segregated from the public-at-large, except banquet, convention or meeting facilities that are on the premises of a private club.
(B)
(i)
This section does not apply to bills presented to or charges paid by guests for accommodations and activities at a guest ranch.
(ii)
For purposes of subdivision (a)(3)(B)(i), "guest ranch" means a facility segregated from the public-at-large:
(a)
Offering accommodations for overnight stays and activities typical of western ranching;
(b)
That may provide other recreational activities exclusively for guests in conjunction with the ranching activities, including, but not limited to, fishing, hiking, horseback riding, rafting and swimming; and
(c)
At which food services are incidental to the operation of the guest ranch, are only for the guests of the guest ranch and the cost of which are included in the fee to stay.
(b)
A violation of this section is a Class C misdemeanor. Each failure to pay an employee constitutes a separate offense.
Acts 1983, ch. 152, § 1; 1989, ch. 591, § 113; 2012, ch. 895, § 1.
2023 Tennessee Code › Title 50 - EMPLOYER AND EMPLOYEE (§§ 50-1-101 — 50-11-106) › Chapter 2 - WAGE REGULATIONS (§§ 50-2-101 — 50-2-206) › Part 1 - GENERAL PROVISIONS (§§ 50-2-101 — 50-2-115) › Section 50-2-108 - Collection of claims and judgments for wages

(a)
In addition to the powers and duties of the commissioner of labor and workforce development specified elsewhere in this code, the commissioner is authorized and empowered to enter into reciprocal agreements with the labor department or corresponding agency of any other state or with the person, board, officer or commission authorized to act on behalf of the department or agency, for the collection in the other state of claims and judgments for wages based upon claims assigned to the commissioner.
(b)
The commissioner may, to the extent provided for by any reciprocal agreement entered into by law or with any agency of another state as provided in this section, maintain actions in the courts of the other state for the collection of claims and judgments for wages, and may assign the claims and judgments to the labor department or agency of the other state for collection to the extent that the assignment may be permitted or provided for by the law of the state or by reciprocal agreement.
(c)
The commissioner may, upon the written consent of the labor department or other corresponding agency of any other state or of any person, board, officer or commission of the state authorized to act on behalf of the labor department or corresponding agency, maintain actions in the courts of this state upon assigned claims and judgments for wages arising in the other state in the same manner and to the same extent that such actions by the commissioner are authorized when arising in this state. However, the actions may be maintained only in cases where the other state by law or reciprocal agreement extends a like comity to cases arising in this state.
Acts 1992, ch. 670, § 1; 1999, ch. 520, § 41.
2023 Tennessee Code › Title 50 - EMPLOYER AND EMPLOYEE (§§ 50-1-101 — 50-11-106) › Chapter 2 - WAGE REGULATIONS (§§ 50-2-101 — 50-2-206) › Part 1 - GENERAL PROVISIONS (§§ 50-2-101 — 50-2-115) › Section 50-2-109 - Assessment of penalties

(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.
2023 Tennessee Code › Title 50 - EMPLOYER AND EMPLOYEE (§§ 50-1-101 — 50-11-106) › Chapter 2 - WAGE REGULATIONS (§§ 50-2-101 — 50-2-206) › Part 1 - GENERAL PROVISIONS (§§ 50-2-101 — 50-2-115) › Section 50-2-110 - Offset of moneys owed by employee to employer

(a)
Except as provided in subsection (b), an employer may offset an employee's wages due and owing for an amount the employee owes the employer if:
(1)
An employer enters into an agreement with an employee to advance the employee wages prior to the date the wages are due and owing, agrees to otherwise lend the employee money, or permits the employee to charge personal items on the business or corporate credit card issued to the employee;
(2)
The employee signs a written agreement prior to any actions occurring pursuant to subdivision (a)(1) allowing the employer to offset the employee's wages for any amount the employee owes the employer, and the employer has in its possession at the time of the offset a copy of such signed agreement;
(3)
The employer notifies the employee in writing fourteen (14) days prior to the payment of wages due and owing that:
(A)
There is an amount the employee owes the employer;
(B)
The employee's wages may be offset if the amount owed is not paid prior to the payment of wages due and owing; and
(C)
The employee may submit an affidavit as described in subsection (b); and
(4)
The employee has not paid the amount owed the employer that was described in the notice sent pursuant to subdivision (a)(3).
(b)
The employer shall not be entitled to offset an employee's wages due and owing if the employee sends a sworn affidavit to the employer, and a copy of such affidavit to the department of labor and workforce development, no later than seven (7) days after receiving notification pursuant to subdivision (a)(3), contesting the amount owed. If an employee contests an amount owed pursuant to this subsection (b), then the employer may commence an appropriate civil action to recover the amount the employer alleges that the employee owes the employer.
(c)
For purposes of this section:
(1)
"Amount the employee owes the employer" means any specific dollar amount the employer loaned or advanced the employee, including, but not limited to, any amount the employee charged for personal items to a business or corporate credit card issued to the employee; and
(2)
"Wages" means any remuneration owed to an employee for services, including, but not limited to, commissions, bonuses, incentive program rewards and tips.
Acts 2011, ch. 273, § 1.
2023 Tennessee Code › Title 50 - EMPLOYER AND EMPLOYEE (§§ 50-1-101 — 50-11-106) › Chapter 2 - WAGE REGULATIONS (§§ 50-2-101 — 50-2-206) › Part 1 - GENERAL PROVISIONS (§§ 50-2-101 — 50-2-115) › Section 50-2-113 - State preemption of wage theft laws, ordinances or rules

(a)
This section shall be known and may be cited as the "Tennessee Wage Protection Act."
(b)
The general assembly finds as a matter of public policy that it is necessary to declare the theft of wages and the denial of fair compensation for work completed to be against the laws and policies of this state.
(c)
Employers and employees alike benefit from consistent and established standards of wage theft regulation. Existing federal and state laws, including, but not limited to, the Fair Labor Standards Act (29 U.S.C. § 201 et seq.), the Portal-to-Portal Act of 1947 (29 U.S.C. § 251 et seq.}, the Davis-Bacon Act (40 U.S.C. § 3141 et seq.), the McNamara-O'Hara Service Contract Act (
41 U.S.C. § 6701
et seq.), the Migrant and Seasonal Agricultural Protection Act (
29 U.S.C. § 1801
et seq.), the Contract Work Hours and Safety Standards Act (
29 CFR 5.1
et seq.), the Copeland Anti-Kickback Act (
18 U.S.C. § 874
and
40 U.S.C. § 3145
), and this chapter, seek to protect employees from predatory and unfair wage practices while also providing appropriate due process to employers.
(d)
A county, municipality, or political subdivision of the state shall not adopt or maintain in effect any law, ordinance, or rule that creates requirements, regulations, or processes for the purpose of addressing wage theft. Any additional wage theft ordinance or regulation that exceeds the designated state and federal laws in subsection (c) shall be explicitly preempted by the state.
Amended by 2024 Tenn. Acts, ch. 623,s 2, eff. 7/1/2024.
Added by 2013 Tenn. Acts, ch. 91, s 4, eff. 4/11/2013.
2023 Tennessee Code › Title 50 - EMPLOYER AND EMPLOYEE (§§ 50-1-101 — 50-11-106) › Chapter 2 - WAGE REGULATIONS (§§ 50-2-101 — 50-2-206) › Part 1 - GENERAL PROVISIONS (§§ 50-2-101 — 50-2-115) › Section 50-2-114 - Payment of federal minimum wage

(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.
2023 Tennessee Code › Title 50 - EMPLOYER AND EMPLOYEE (§§ 50-1-101 — 50-11-106) › Chapter 2 - WAGE REGULATIONS (§§ 50-2-101 — 50-2-206) › Part 1 - GENERAL PROVISIONS (§§ 50-2-101 — 50-2-115) › Section 50-2-115

As used in this chapter, "work":
(1)
Has the same meaning as interpreted by the United States supreme court for purposes of the Fair Labor Standards Act (
29 U.S.C. § 201
et seq.) and the Portal-to-Portal Act of 1947 (
29 U.S.C. § 251
et seq.); and
(2)
Does not include the time that an employee spends on:
(A)
Walking, riding, or traveling to and from the actual place of performance of the principal activity or activities that the employee is employed to perform;
(B)
Activities that are preliminary to or postliminary to the principal activity; or
(C)
Activities that require insubstantial or insignificant periods of time beyond the employee's scheduled working hours.
Added by 2024 Tenn. Acts, ch. 623,s 1, eff. 7/1/2024.
2023 Tennessee Code › Title 50 - EMPLOYER AND EMPLOYEE (§§ 50-1-101 — 50-11-106) › Chapter 2 - WAGE REGULATIONS (§§ 50-2-101 — 50-2-206) › Part 2 - SEX DISCRIMINATION (§§ 50-2-201 — 50-2-206) › Section 50-2-201 - Part definitions

As used in this part, unless the context otherwise requires:
(1)
"Commissioner" means the commissioner of labor and workforce development;
(2)
"Employ" includes to suffer or permit to work;
(3)
"Employee" means any individual employed by any employer within the state, including individuals employed by the state but not by its political subdivisions, but does not include any individual who is entitled to the equal pay provisions of the Fair Labor Standards Act of 1938 (
29 U.S.C. § 201
et seq.);
(4)
"Employer" includes any person acting in the interest of any employer, directly or indirectly, and includes the state but not its political subdivisions; and
(5)
"Wage rate" means all compensation for employment, including payments in kind and amounts paid by employers for employee benefits as defined by the commissioner in regulations issued under this part.
Acts 1974, ch. 757, § 1; T.C.A., § 50-320; Acts 1999, ch. 520, § 41.
2023 Tennessee Code › Title 50 - EMPLOYER AND EMPLOYEE (§§ 50-1-101 — 50-11-106) › Chapter 2 - WAGE REGULATIONS (§§ 50-2-101 — 50-2-206) › Part 2 - SEX DISCRIMINATION (§§ 50-2-201 — 50-2-206) › Section 50-2-202 - Prohibited acts

(a)
No employer shall discriminate between employees in the same establishment on the basis of sex by paying any employee salary or wage rates less than the rates the employer pays to any employee of the opposite sex for comparable work on jobs the performance of which require comparable skill, effort and responsibility, and that are performed under similar working conditions; however, nothing in this part shall prohibit wage differentials based on a seniority system, a merit system, a system that measures earnings by quality or quantity of production, or any other reasonable differential that is based on a factor other than sex.
(b)
An employer who is paying a wage differential in violation of this part shall not, in order to comply with this part, reduce the wage rate of any employee.
(c)
No employer may discharge or discriminate against any employee by reason of any action taken by the employee to invoke or assist in any manner the enforcement of this part.
Acts 1974, ch. 757, § 2; T.C.A., § 50-321.
2023 Tennessee Code › Title 50 - EMPLOYER AND EMPLOYEE (§§ 50-1-101 — 50-11-106) › Chapter 2 - WAGE REGULATIONS (§§ 50-2-101 — 50-2-206) › Part 2 - SEX DISCRIMINATION (§§ 50-2-201 — 50-2-206) › Section 50-2-203 - Commissioner to administer law

(a)
The commissioner has the power and duty to carry out and administer this part, including the power to issue regulations, not inconsistent with the purpose of this part, that the commissioner considers necessary or appropriate to carry out this part.
(b)
The commissioner is authorized to endeavor to eliminate pay practices unlawful under this part by informal methods of conference, conciliation and persuasion, and to supervise the payment of wages owing to any employee under this part.
Acts 1974, ch. 757, § 3; T.C.A., § 50-322.
2023 Tennessee Code › Title 50 - EMPLOYER AND EMPLOYEE (§§ 50-1-101 — 50-11-106) › Chapter 2 - WAGE REGULATIONS (§§ 50-2-101 — 50-2-206) › Part 2 - SEX DISCRIMINATION (§§ 50-2-201 — 50-2-206) › Section 50-2-204 - Employee remedies

(a)
(1)
Any employer who violates §
50-2-202
shall be liable to the employee or employees affected in the amount of their unpaid wages, and in instances of an employer knowingly violating §
50-2-202
in employee suits under subsection (b), up to an additional equal amount of unpaid wages as liquidated damages.
(2)
For the second established violation of this part in a separate judicial proceeding distinct from the first, any employer who violates §
50-2-202
shall be liable to the employee or employees affected in the amount of their unpaid wages, and instances of an employer knowingly violating §
50-2-202
in employee suits under subsection (b), up to an additional two (2) times the amount of unpaid wages as liquidated damages.
(3)
For the third established violation of this part in a separate judicial proceeding distinct from the first and second, any employer who violates §
50-2-202
shall be liable to the employee or employees affected in the amount of their unpaid wages, and instances of an employer knowingly violating §
50-2-202
in employee suits under subsection (b), up to an additional three (3) times the amount of unpaid wages as liquidated damages.
(b)
Action to recover wages may be maintained in any court of competent jurisdiction by any one (1) or more employees. The court shall, in cases of violation, in addition to any judgment awarded to the plaintiff or plaintiffs, allow a reasonable attorney's fee and cost of the action to be paid by the defendant.
(c)
No agreement by any employee to work for less than the wages to which the employee is entitled under this part shall be a bar to an action to recover wages, or to a voluntary wage restitution of the full amount due under this part.
(d)
At the written request of any employee claiming to have been paid less than the wage to which the employee is entitled under this part, the commissioner may bring any legal action necessary on behalf of the employee to collect the claim for unpaid wages. The commissioner shall not be required to pay any filing fee, or other cost in connection with the action. The commissioner shall have the power to join various claims against the employer in one (1) cause of action.
Acts 1974, ch. 757, § 4; T.C.A., § 50-323; Acts 2004, ch. 822, § 2.
2023 Tennessee Code › Title 50 - EMPLOYER AND EMPLOYEE (§§ 50-1-101 — 50-11-106) › Chapter 2 - WAGE REGULATIONS (§§ 50-2-101 — 50-2-206) › Part 2 - SEX DISCRIMINATION (§§ 50-2-201 — 50-2-206) › Section 50-2-205 - Limitation of actions

Court action under this part may be commenced no later than two (2) years after the cause of action occurs.
Acts 1974, ch. 757, § 5; T.C.A., § 50-324.
2023 Tennessee Code › Title 50 - EMPLOYER AND EMPLOYEE (§§ 50-1-101 — 50-11-106) › Chapter 2 - WAGE REGULATIONS (§§ 50-2-101 — 50-2-206) › Part 2 - SEX DISCRIMINATION (§§ 50-2-201 — 50-2-206) › Section 50-2-206 - Penalty

Any employer who violates this part, or who discharges or in any other manner discriminates against any employee because the employee has made a complaint to that employee's employer, the commissioner, or any other person, or instituted or caused to be instituted any proceedings under or related to this part, or has testified or is about to testify in any such proceeding, commits a Class A misdemeanor.
Acts 1974, ch. 757, § 6; T.C.A., § 50-325; Acts 1989, ch. 591, § 111.
2023 Tennessee Code › Title 50 - EMPLOYER AND EMPLOYEE (§§ 50-1-101 — 50-11-106) › Chapter 3 - OCCUPATIONAL SAFETY AND HEALTH ACT OF 1972 (§§ 50-3-101 — 50-3-2001) › Part 1 - GENERAL PROVISIONS (§§ 50-3-101 — 50-3-109) › Section 50-3-101 - Short title

This chapter shall be known and may be cited as the "Occupational Safety and Health Act of 1972."
Acts 1972, ch. 561, § 1; T.C.A., § 50-501.
2023 Tennessee Code › Title 50 - EMPLOYER AND EMPLOYEE (§§ 50-1-101 — 50-11-106) › Chapter 3 - OCCUPATIONAL SAFETY AND HEALTH ACT OF 1972 (§§ 50-3-101 — 50-3-2001) › Part 1 - GENERAL PROVISIONS (§§ 50-3-101 — 50-3-109) › Section 50-3-104 - Scope of chapter

This chapter or any standard or regulation promulgated pursuant to this chapter shall apply to all employers and employees except:
(1)
The federal government, including its departments, agencies and instrumentalities;
(2)
Employees whose safety and health are subject to protection under the Atomic Energy Act of 1954 (
42 U.S.C. §§ 2011-2296
);
(3)
Employees whose safety and health are subject to protection under the federal Coal Mine Health and Safety Act of 1969 (
30 U.S.C. § 801
et seq.), the federal Metal and Nonmetallic Mine Safety Act (
30 U.S.C. § 725
[repealed]), or title 59 of this code;
(4)
Railroad employees whose safety and health are subject to protection under the federal Safety Appliances Act (
45 U.S.C. § 1
et seq. [repealed]), or the federal Railroad Safety Act of 1970 (
45 U.S.C. §§ 431-441
[repealed]);
(5)
Domestic workers; and
(6)
Any employee engaged in agriculture who is employed on a farm, each of the employees of which is related to the employer as spouse, child, parent, grandparent or grandchild.
Amended by 2015 Tenn. Acts, ch. 23, s 1, eff. 7/1/2015.
Acts 1972, ch. 561, § 3; 1974, ch. 585, § 3; T.C.A., § 50-504.
2023 Tennessee Code › Title 50 - EMPLOYER AND EMPLOYEE (§§ 50-1-101 — 50-11-106) › Chapter 3 - OCCUPATIONAL SAFETY AND HEALTH ACT OF 1972 (§§ 50-3-101 — 50-3-2001) › Part 1 - GENERAL PROVISIONS (§§ 50-3-101 — 50-3-109) › Section 50-3-105 - Employers' rights and duties

Rights and duties of employers include, but are not limited to, the following:
(1)
Each employer shall furnish to each of its employees conditions of employment and a place of employment free from recognized hazards that are causing or are likely to cause death or serious injury or harm to its employees;
(2)
Each employer shall comply with occupational safety and health standards or regulations promulgated pursuant to this chapter;
(3)
Each employer shall refrain from any unreasonable restraint on the right of the commissioner to inspect the employer's place of business. Each employer shall assist the commissioner in the performance of the commissioner's inspection duties by supplying or by making available information, personnel or inspection aids reasonably necessary to the effective conduct of the inspection;
(4)
Any employer, or association of employers, is entitled to participate in the development of standards by submission of comments on proposed standards, participation in hearings on proposed standards, or by requesting the development of standards on a given issue, under §
50-3-201
;
(5)
Any employer is entitled, under §
50-3-307
, to a review of any citation issued because of the employer's alleged violation of any standard promulgated under this chapter;
(6)
Any employer is entitled, under §§
50-3-402
- 50-3-408, to a review of any penalty in the form of civil damages assessed against the employer because of the employer's alleged violation of this chapter;
(7)
Any employer is entitled, under part 6 of this chapter, to seek an order granting a variance from an occupational safety or health standard; and
(8)
Any employer is entitled, under §
50-3-914
, to protection of the employer's trade secrets and other legally privileged communications.
Acts 1972, ch. 561, § 4; 1974, ch. 585, §§ 4-7; 1977, ch. 111, § 3; impl. am. Acts 1977, ch. 111, § 44; T.C.A., § 50-505; Acts 1999, ch. 520, § 41.