reglab/statecodes huggingface dataset:
2023 Tennessee Code › Title 50 - EMPLOYER AND EMPLOYEE (§§ 50-1-101 — 50-11-106) › Chapter 7 - TENNESSEE EMPLOYMENT SECURITY LAW (§§ 50-7-101 — 50-7-913) › Part 7 - ENFORCEMENT (§§ 50-7-701 — 50-7-715) › Section 50-7-707 - Destruction of records

Destruction of records maintained by the division of employment security shall be accomplished pursuant to the terms of title 10, chapter 7, part 3; provided, that the records shall be retained for a period of time at least as long as may be necessary in order to comply with applicable federal law.
Acts 1951, ch. 139, § 10 (Williams, § 6901.35); Acts 1978, ch. 744, § 17; 1979, ch. 55, § 1; T.C.A. (orig. ed.), § 50-1345; Acts 1999, ch. 520, § 41.
2023 Tennessee Code › Title 50 - EMPLOYER AND EMPLOYEE (§§ 50-1-101 — 50-11-106) › Chapter 7 - TENNESSEE EMPLOYMENT SECURITY LAW (§§ 50-7-101 — 50-7-913) › Part 7 - ENFORCEMENT (§§ 50-7-701 — 50-7-715) › Section 50-7-709 - Misrepresentation to obtain benefits - Penalty

(a)
It is an offense for any person or entity to knowingly make a false statement or representation or fail to disclose a material fact, to obtain or increase any benefit or other payment under this chapter, either for the person's own benefit or for the benefit of any other person.
(b)
Each false statement or representation or failure to disclose a material fact constitutes a separate offense.
(c)
All prosecutions for offenses defined by this section shall be commenced within two (2) years after the commission of the offense.
(d)
(1)
A violation of this section is a Class C misdemeanor.
(2)
A second or subsequent violation of this section is a Class E felony; provided, that the second or subsequent violation of this section occurs after a conviction has been obtained for the previous violation.
(3)
A first or subsequent violation of this section where the person has a prior conviction for a similar offense in another jurisdiction is a Class E felony; provided, that the second or subsequent violation occurs after a conviction has been obtained for the previous violation.
(4)
Subdivision (d)(2) or (d)(3) shall only apply if at least one (1) of the required offenses occurs on or after January 1, 2010.
Acts 1947, ch. 29, § 16; C. Supp. 1950, § 6901.16 (Williams, § 6901.40); Acts 1963, ch. 176, § 7; T.C.A. (orig. ed.), § 50-1350; Acts 1989, ch. 591, § 113; 2009, ch. 479, § 4.
2023 Tennessee Code › Title 50 - EMPLOYER AND EMPLOYEE (§§ 50-1-101 — 50-11-106) › Chapter 7 - TENNESSEE EMPLOYMENT SECURITY LAW (§§ 50-7-101 — 50-7-913) › Part 7 - ENFORCEMENT (§§ 50-7-701 — 50-7-715) › Section 50-7-710 - Misrepresentation to obtain benefits under other than Tennessee law - Penalty

(a)
It is an offense for any person to knowingly make a false statement or representation of a material fact or fail to disclose a material fact with intent to defraud by obtaining or increasing any benefit under the unemployment compensation law of any other state of the United States or of the federal government or of any of its territories, or of a foreign government, either for the person's own benefit or for the benefit of any other person.
(b)
Each false statement or representation or failure to disclose a material fact constitutes a separate offense.
(c)
(1)
A violation of this section is a Class C misdemeanor.
(2)
A second or subsequent violation of this section is a Class E felony; provided, that the second or subsequent violation of this section occurs after a conviction has been obtained for the previous violation.
(3)
A first or subsequent violation of this section where the person has a prior conviction for a similar offense in another jurisdiction is a Class E felony; provided, that the second or subsequent violation occurs after a conviction has been obtained for the previous violation.
(4)
Subdivision (c)(2) or (c)(3) shall only apply if at least one (1) of the required offenses occurs on or after January 1, 2010.
Acts 1951, ch. 153, § 1 (Williams, § 11157.3); T.C.A. (orig. ed.), § 50-1351; Acts 1989, ch. 591, § 113; 2009, ch. 479, § 5.
2023 Tennessee Code › Title 50 - EMPLOYER AND EMPLOYEE (§§ 50-1-101 — 50-11-106) › Chapter 7 - TENNESSEE EMPLOYMENT SECURITY LAW (§§ 50-7-101 — 50-7-913) › Part 7 - ENFORCEMENT (§§ 50-7-701 — 50-7-715) › Section 50-7-711 - Misrepresentation to prevent benefit payments or to evade premium liability - Penalty

(a)
Any employing unit, or any officer or agent of an employing unit, or any other person who makes a false statement or representation knowing it to be false, or who knowingly fails to disclose a material fact, to prevent or reduce the payment of benefits to any individual entitled to benefits, or to avoid becoming or remaining subject to this chapter, or to avoid or reduce any premium or other payment required from an employing unit under this chapter, or who willfully fails or refuses to make the premiums or other payments, or to furnish any reports required under this chapter, or to produce or permit the inspection or copying of records as required under this chapter, commits a Class E felony.
(b)
Each false statement or representation or failure to disclose a material fact, and each day of the failure or refusal constitutes a separate offense.
Acts 1947, ch. 29, § 16; C. Supp. 1950, § 6901.16 (Williams, § 6901.40); Acts 1978, ch. 762, § 1; T.C.A. (orig. ed.), § 50-1352; Acts 1985, ch. 318, § 81; 1989, ch. 591, § 48.
2023 Tennessee Code › Title 50 - EMPLOYER AND EMPLOYEE (§§ 50-1-101 — 50-11-106) › Chapter 7 - TENNESSEE EMPLOYMENT SECURITY LAW (§§ 50-7-101 — 50-7-913) › Part 7 - ENFORCEMENT (§§ 50-7-701 — 50-7-715) › Section 50-7-712 - Violations - Class E felony

(a)
Any person who willfully violates this chapter or any order, rule or regulation under this chapter, the violation of which is made unlawful, or the observance of which is required under the terms of this chapter, and for which a penalty is neither prescribed elsewhere in this chapter nor provided by any other applicable statute, commits a Class E felony.
(b)
Each day the violation continues constitutes a separate offense.
Acts 1947, ch. 29, § 16; C. Supp. 1950, § 6901.16 (Williams, § 6901.40); Acts 1978, ch. 762, § 2; T.C.A. (orig. ed.), § 50-1353; Acts 1989, ch. 591, § 49.
2023 Tennessee Code › Title 50 - EMPLOYER AND EMPLOYEE (§§ 50-1-101 — 50-11-106) › Chapter 7 - TENNESSEE EMPLOYMENT SECURITY LAW (§§ 50-7-101 — 50-7-913) › Part 7 - ENFORCEMENT (§§ 50-7-701 — 50-7-715) › Section 50-7-713 - Receiving payment for nondisclosure or misrepresentation of material fact - Class E felony

(a)
Any person who, by reason of the nondisclosure or misrepresentation by the person, or by another, of a material fact, irrespective of whether the nondisclosure or misrepresentation was known or fraudulent, has received any sum as benefits under this chapter while any conditions for the receipt of benefits imposed by this chapter were not fulfilled in the person's case, or while the person was disqualified from receiving benefits, shall, in the discretion of the administrator, either be liable to have the sum deducted from any future benefits payable to the person under this chapter or shall be liable to repay to the administrator for the unemployment compensation fund, a sum equal to the amount so received by the person, and the sum shall be collectible in the manner provided in §
50-7-404(b)
for the collection of past-due premiums.
(b)
Furthermore, any person who knowingly and willfully violates this section commits a Class E felony.
Acts 1947, ch. 29, § 16; C. Supp. 1950, § 6901.16 (Williams, § 6901.40); Acts 1978, ch. 762, § 3; T.C.A. (orig. ed.), § 50-1354; Acts 1985, ch. 318, § 82; 1989, ch. 591, § 50.
2023 Tennessee Code › Title 50 - EMPLOYER AND EMPLOYEE (§§ 50-1-101 — 50-11-106) › Chapter 7 - TENNESSEE EMPLOYMENT SECURITY LAW (§§ 50-7-101 — 50-7-913) › Part 7 - ENFORCEMENT (§§ 50-7-701 — 50-7-715) › Section 50-7-714 - Prosecutions - Representation in court

(a)
(1)
All criminal actions for violations of this chapter, or any rules or regulations issued pursuant to this chapter, shall be prosecuted by the district attorney general of the judicial district in which the violation occurs, or the attorney general and reporter, in which case a prosecutor shall be dispensed with and no prosecutor need be marked on the indictment for the violation.
(2)
The grand juries of the state are given inquisitorial powers over the violations of this chapter.
(b)
In the event any criminal actions for the violation of this chapter or any rules or regulations issued pursuant to this chapter should, in the opinion of the appropriate district attorney general, be initiated by a criminal warrant for the purpose of providing the accused a preliminary hearing to determine probable cause, the appropriate district attorney general or assistant district attorney general shall sign the warrant.
Acts 1947, ch. 29, § 17; C. Supp. 1950, § 6901.17 (Williams, § 6901.41); Acts 1977, ch. 330, § 28; 1978, ch. 762, § 4; 1979, ch. 422, § 14; T.C.A. (orig. ed.), § 50-1355.
2023 Tennessee Code › Title 50 - EMPLOYER AND EMPLOYEE (§§ 50-1-101 — 50-11-106) › Chapter 7 - TENNESSEE EMPLOYMENT SECURITY LAW (§§ 50-7-101 — 50-7-913) › Part 8 - TENNESSEE WORKS ACT OF 2012 (§§ 50-7-801 — 50-7-807) › Section 50-7-801 - Short title

This part shall be known and may be cited as the "Tennessee Works Act of 2012."
Acts 2012, ch. 1068, § 1.
2023 Tennessee Code › Title 50 - EMPLOYER AND EMPLOYEE (§§ 50-1-101 — 50-11-106) › Chapter 7 - TENNESSEE EMPLOYMENT SECURITY LAW (§§ 50-7-101 — 50-7-913) › Part 8 - TENNESSEE WORKS ACT OF 2012 (§§ 50-7-801 — 50-7-807) › Section 50-7-802 - Tennessee Works pilot program - Purpose

(a)
There is hereby established the Tennessee works pilot program to provide job training designed to attract new businesses to the state and to assist in the expansion or retention of existing businesses in this state.
(b)
The purpose of the Tennessee works pilot program is to:
(1)
Enhance this state's economic growth and vitality by offering assistance to privately owned businesses and industries in training a new workforce and by creating new jobs and retaining and upgrading existing jobs;
(2)
Provide technical education and training as a component of this state's economic development efforts;
(3)
Be flexible and responsive to the training needs of business and industry in this state; and
(4)
Offering on-the-job training programs to support existing employees and dislocated workers.
Acts 2012, ch. 1068, § 1.
2023 Tennessee Code › Title 50 - EMPLOYER AND EMPLOYEE (§§ 50-1-101 — 50-11-106) › Chapter 7 - TENNESSEE EMPLOYMENT SECURITY LAW (§§ 50-7-101 — 50-7-913) › Part 8 - TENNESSEE WORKS ACT OF 2012 (§§ 50-7-801 — 50-7-807) › Section 50-7-803 - Part definitions

As used in this part:
(1)
"Department" means the department of labor and workforce development;
(2)
"Dislocated worker" means an individual who:
(A)
Has been terminated or laid off, or who has received a notice of termination or layoff from employment, including an individual:
(i)
Currently eligible for unemployment insurance benefits; or
(ii)
Who has exhausted entitlement to unemployment insurance benefits;
(B)
Has been terminated or laid off, or has received a notice of termination or layoff from employment as a result of any permanent closure of, or any substantial layoff at, a plant, facility, or enterprise, including a facility at which the employer has made a general announcement that the facility will close within one hundred eighty (180) days;
(C)
Was self-employed, but is unemployed as a result of general economic conditions in the community in which the individual resides or because of natural disasters; or
(D)
Is a displaced homemaker;
(3)
"Displaced homemaker" means an individual who has been:
(A)
Providing unpaid services to the individual's family members in the home; and
(B)
Dependent on the income of another family member but is no longer supported by that income;
(4)
"Eligible business" means a business determined by the department to be eligible for Tennessee works pilot program grants;
(5)
"Eligible training expenses" means expenses determined by the department to be eligible for grants awarded through the Tennessee works pilot program; and
(6)
"Trade adjustment assistance funds" means funds distributed in accordance with the federal Trade Adjustment Assistance Reform Act of 2002, compiled in title 19 of the United States Code.
Acts 2012, ch. 1068, § 1.
2023 Tennessee Code › Title 50 - EMPLOYER AND EMPLOYEE (§§ 50-1-101 — 50-11-106) › Chapter 7 - TENNESSEE EMPLOYMENT SECURITY LAW (§§ 50-7-101 — 50-7-913) › Part 8 - TENNESSEE WORKS ACT OF 2012 (§§ 50-7-801 — 50-7-807) › Section 50-7-804 - Administration - Reimbursable screening for potential employment of grants to private businesses

(a)
The department shall administer the Tennessee works pilot program by awarding reimbursable training grants to privately owned businesses for the purpose of screening for potential employment of new and existing employees in this state.
(b)
(1)
Tennessee works pilot program training grants will be awarded to eligible businesses seeking to make new hires during or after the screening period. Such grants shall be used for the eligible training expenses of a dislocated worker:
(A)
Who is a first-time unemployment insurance claimant. The claimant shall continue to receive unemployment insurance benefits during the screening period; or
(B)
Whose job is lost due to workforce offshoring by the worker's former employer and who is currently under a valid trade petition approved by the United States department of labor.
(2)
(A)
A Tennessee works pilot program screening period shall last for up to, but no more than, eight (8) weeks. At any time during the screening period or after the screening period, the employer may elect to employ a dislocated worker on a full-time basis.
(B)
(i)
If an employer elects to employ the dislocated worker and to provide additional on the job training (OJT) to the dislocated worker, then the employer will be eligible to receive a wage offset in return for providing additional OJT to the dislocated worker. The employment and training of a dislocated worker pursuant to this subdivision (b)(2)(B)(i) shall be in accordance with the department's existing OJT program and the department's rules and policies regarding the existing OJT program.
(ii)
A dislocated worker shall no longer be eligible to receive unemployment insurance benefits or trade adjustment compensation if the dislocated worker is employed and receiving OJT pursuant to subdivision (b)(2)(B)(i). If the employer does not retain the dislocated worker following the OJT period and the dislocated worker is otherwise eligible to receive unemployment insurance benefits, then the dislocated worker can, upon filing a claim, resume receipt of unemployment insurance benefits.
(3)
An employer shall no longer be eligible for grants through the Tennessee works pilot program if the employer does not demonstrate a pattern of continued employment of dislocated workers following the end of the OJT period.
(c)
Trade adjustment assistance funds shall only be awarded:
(1)
Through the Tennessee works pilot program pursuant to subdivision (b)(1)(B); and
(2)
To be used in limited cases as an option to expedite employment where the conditions described in subdivision (b)(1)(B) exist.
Acts 2012, ch. 1068, § 1.
2023 Tennessee Code › Title 50 - EMPLOYER AND EMPLOYEE (§§ 50-1-101 — 50-11-106) › Chapter 7 - TENNESSEE EMPLOYMENT SECURITY LAW (§§ 50-7-101 — 50-7-913) › Part 8 - TENNESSEE WORKS ACT OF 2012 (§§ 50-7-801 — 50-7-807) › Section 50-7-805 - Funding - Organizations ineligible for grants

(a)
The Tennessee works pilot program established under this part shall be funded solely with funds received by the state from the United States department of labor and shall be subject to the availability of such funds and all laws governing the use of the funds.
(b)
No Tennessee works pilot program grant shall be awarded to:
(1)
Any state entity;
(2)
Any county, city, town, or other political subdivision of this state; or
(3)
Any organization or group of organizations, described in § 501(c)(3) of the Internal Revenue Code (
26 U.S.C. § 501(c)(3)
), that is exempt from income tax under § 501(a) of the Internal Revenue Code (
26 U.S.C. § 501(a)
).
Acts 2012, ch. 1068, § 1.
2023 Tennessee Code › Title 50 - EMPLOYER AND EMPLOYEE (§§ 50-1-101 — 50-11-106) › Chapter 7 - TENNESSEE EMPLOYMENT SECURITY LAW (§§ 50-7-101 — 50-7-913) › Part 8 - TENNESSEE WORKS ACT OF 2012 (§§ 50-7-801 — 50-7-807) › Section 50-7-806 - Rules

The department has authority to adopt rules to effectuate this part. The rules shall be adopted in accordance with the rulemaking provisions of the Uniform Administrative Procedures Act, compiled in title 4, chapter 5. The department may also adopt emergency rules as determined to be necessary to effectuate this chapter, in accordance with the Uniform Administrative Procedures Act. No rule shall be adopted without prior hearing and notice as provided under the Uniform Administrative Procedures Act.
Acts 2012, ch. 1068, § 1.
2023 Tennessee Code › Title 50 - EMPLOYER AND EMPLOYEE (§§ 50-1-101 — 50-11-106) › Chapter 7 - TENNESSEE EMPLOYMENT SECURITY LAW (§§ 50-7-101 — 50-7-913) › Part 8 - TENNESSEE WORKS ACT OF 2012 (§§ 50-7-801 — 50-7-807) › Section 50-7-807 - Report concerning findings and recommendations

On or before January 1, 2014, the department shall report to the commerce and labor committee of the senate and the business and utilities committee of the house of representatives concerning the department's findings and recommendations concerning the Tennessee works pilot program.
Amended by 2013 Tenn. Acts, ch. 236,s 12, eff. 4/19/2013.
Acts 2012, ch. 1068, § 1.
2023 Tennessee Code › Title 50 - EMPLOYER AND EMPLOYEE (§§ 50-1-101 — 50-11-106) › Chapter 7 - TENNESSEE EMPLOYMENT SECURITY LAW (§§ 50-7-101 — 50-7-913) › Part 9 - SHARED WORK BENEFITS (§§ 50-7-901 — 50-7-913) › Section 50-7-901 - Part definitions

As used in this part:
(1)
"Affected group" means two (2) or more employees designated by an employer to participate in a shared work plan;
(2)
"Approved plan" means an employer's voluntary written plan for reducing unemployment under which a specified group of employees shares the work remaining after their normal weekly hours of work are reduced, which plan meets the requirements of §
50-7-904
, and which plan has been approved in writing by the administrator;
(3)
"Fringe benefits" includes advantages, such as health insurance for hospital, medical, dental, and other services; retirement benefits under defined benefit pension plans as defined in the federal Employee Retirement Income Security Act of 1974 (ERISA)(
29 U.S.C. § 1001
et seq.); and paid vacation and holidays, sick leave, or other compensable time that are incidents of employment in addition to the cash remuneration earned;
(4)
"Normal weekly hours of work" means the normal hours of work for full-time and permanent part-time employees in the affected group when their employing unit is operating on its normal, full-time basis, not to exceed forty (40) hours and not including overtime;
(5)
"Shared work benefits" means the unemployment compensation benefits payable to employees in an affected group under an approved plan as distinguished from the unemployment benefits otherwise payable under other parts of this chapter;
(6)
"Shared work employer" means:
(A)
An employer with a shared work plan in effect; or
(B)
An individual who, or an employing unit that, succeeds to or acquires an organization, trade, or business with a shared work plan and adopts the plan if the individual or employing unit ratifies, in writing, the previously approved plan; and
(7)
"Subgroup" means a group of employees that constitutes at least ten percent (10%) of the employees in an affected group.
Added by 2022 Tenn. Acts, ch. 1086, s 1, eff. 12/1/2023.
2023 Tennessee Code › Title 50 - EMPLOYER AND EMPLOYEE (§§ 50-1-101 — 50-11-106) › Chapter 7 - TENNESSEE EMPLOYMENT SECURITY LAW (§§ 50-7-101 — 50-7-913) › Part 9 - SHARED WORK BENEFITS (§§ 50-7-901 — 50-7-913) › Section 50-7-902 - Applicability

(a)
Except as otherwise provided in this part, provisions of this chapter that are applicable to unemployment benefits claimants apply to shared work benefits claimants.
(b)
An individual who files an initial claim for shared work benefits must be provided, if eligible, a monetary determination of entitlement to shared work benefits by the administrator and must serve a waiting period of one (1) week.
Added by 2022 Tenn. Acts, ch. 1086, s 1, eff. 12/1/2023.
2023 Tennessee Code › Title 50 - EMPLOYER AND EMPLOYEE (§§ 50-1-101 — 50-11-106) › Chapter 7 - TENNESSEE EMPLOYMENT SECURITY LAW (§§ 50-7-101 — 50-7-913) › Part 9 - SHARED WORK BENEFITS (§§ 50-7-901 — 50-7-913) › Section 50-7-903 - Construction

This part does not preclude an otherwise eligible claimant from drawing total or partial unemployment benefits when the claimant has exhausted the claimant's shared work benefits.
Added by 2022 Tenn. Acts, ch. 1086, s 1, eff. 12/1/2023.
2023 Tennessee Code › Title 50 - EMPLOYER AND EMPLOYEE (§§ 50-1-101 — 50-11-106) › Chapter 7 - TENNESSEE EMPLOYMENT SECURITY LAW (§§ 50-7-101 — 50-7-913) › Part 9 - SHARED WORK BENEFITS (§§ 50-7-901 — 50-7-913) › Section 50-7-905 - Written approval or rejection

(a)
The administrator shall approve or reject a plan in writing within thirty (30) days of receipt.
(b)
Only one (1) plan may be approved for any one (1) employer during a twelve-month period.
(c)
The reason for rejection is final and non-appealable, but the employer may submit another plan for approval no earlier than fifteen (15) days from the date of the last rejection.
Added by 2022 Tenn. Acts, ch. 1086, s 1, eff. 12/1/2023.
2023 Tennessee Code › Title 50 - EMPLOYER AND EMPLOYEE (§§ 50-1-101 — 50-11-106) › Chapter 7 - TENNESSEE EMPLOYMENT SECURITY LAW (§§ 50-7-101 — 50-7-913) › Part 9 - SHARED WORK BENEFITS (§§ 50-7-901 — 50-7-913) › Section 50-7-906 - Affected date - Termination

(a)
A plan is effective on the date specified in the plan or on a date mutually agreed upon by the employer and the administrator, but no earlier than the date of approval of the plan by the administrator.
(b)
(1)
A plan expires at the end of the twelfth full calendar month after its effective date or on the date specified in the plan if the date is earlier, as long as the plan is not previously revoked by the administrator.
(2)
If a plan is revoked by the administrator, then the plan terminates on the date specified in the administrator's written order of revocation.
Added by 2022 Tenn. Acts, ch. 1086, s 1, eff. 12/1/2023.
2023 Tennessee Code › Title 50 - EMPLOYER AND EMPLOYEE (§§ 50-1-101 — 50-11-106) › Chapter 7 - TENNESSEE EMPLOYMENT SECURITY LAW (§§ 50-7-101 — 50-7-913) › Part 9 - SHARED WORK BENEFITS (§§ 50-7-901 — 50-7-913) › Section 50-7-907 - Approval revocation

(a)
(1)
The administrator may revoke approval of a plan for good cause.
(2)
The revocation order must be in writing and specify the date the revocation is effective and the reasons for revocation.
(3)
Good cause includes failure to comply with the assurances given in the plan, unreasonable revision of productivity standards for the affected group, conduct or occurrences tending to defeat the intent and effective operation of the plan, and violation of criteria on which approval of the plan was based.
(b)
The administrator may take the revocation action at any time on the administrator's own motion, on the motion of any of the affected group's employees, or on the motion of the appropriate collective bargaining agent.
(c)
The administrator shall review the operation of each qualified employer plan at least once during the twelve-month period that the plan is in effect to assure its compliance with this part.
(d)
Revocation of a plan for good cause by the administrator precludes approval of a subsequent plan submitted by the revoked plan employer during the twelve-month period beginning on the date of the revocation order.
Added by 2022 Tenn. Acts, ch. 1086, s 1, eff. 12/1/2023.
2023 Tennessee Code › Title 50 - EMPLOYER AND EMPLOYEE (§§ 50-1-101 — 50-11-106) › Chapter 7 - TENNESSEE EMPLOYMENT SECURITY LAW (§§ 50-7-101 — 50-7-913) › Part 9 - SHARED WORK BENEFITS (§§ 50-7-901 — 50-7-913) › Section 50-7-908 - Operational plan - Modification

(a)
The employer may modify an operational and approved shared work plan with the agreement of employee representatives if the modification is not substantial and is in conformity with the plan approved by the administrator, but the employer must promptly report the modifications to the administrator.
(b)
(1)
If the hours of work are increased or decreased substantially beyond the level in the original plan or if any other conditions are changed substantially, then the administrator shall approve or disapprove the modifications without changing the expiration date of the original plan.
(2)
If the substantial modifications do not meet the requirements for approval, then the administrator shall disallow that portion of the plan in writing as specified in §
50-7-907
.
Added by 2022 Tenn. Acts, ch. 1086, s 1, eff. 12/1/2023.
2023 Tennessee Code › Title 50 - EMPLOYER AND EMPLOYEE (§§ 50-1-101 — 50-11-106) › Chapter 7 - TENNESSEE EMPLOYMENT SECURITY LAW (§§ 50-7-101 — 50-7-913) › Part 9 - SHARED WORK BENEFITS (§§ 50-7-901 — 50-7-913) › Section 50-7-909 - Eligibility for compensation

(a)
An individual is eligible to receive shared work benefits with respect to any week only if, in addition to monetary entitlement, the administrator finds that:
(1)
During the week, the individual is employed as a member of an affected group under an approved shared work benefits plan that was approved before that week, and the plan is in effect with respect to the week for which the benefits are claimed; and
(2)
During the week, the individual is able to work and is available for the normal work week with the shared work employer. However, an otherwise eligible individual shall not be denied benefits with respect to any week in which the individual is in training to enhance job skills, including employer-sponsored training or worker training funded under the Workforce Innovation and Opportunity Act (
29 U.S.C. § 3101
et seq.), if the training has been approved by the administrator.
(b)
Notwithstanding other provisions of this chapter to the contrary, an individual is deemed unemployed in any week for which remuneration is payable to the individual as an employee in an affected group for ninety percent (90%) or less than the individual's normal weekly hours of work as specified under the approved shared work benefits plan in effect for the week.
(c)
Notwithstanding other provisions of this chapter to the contrary, an individual shall not be denied shared work benefits for any week by reason of the application of provisions relating to availability for work and active search for work with an employer other than the shared work employer.
Added by 2022 Tenn. Acts, ch. 1086, s 1, eff. 12/1/2023.
2023 Tennessee Code › Title 50 - EMPLOYER AND EMPLOYEE (§§ 50-1-101 — 50-11-106) › Chapter 7 - TENNESSEE EMPLOYMENT SECURITY LAW (§§ 50-7-101 — 50-7-913) › Part 9 - SHARED WORK BENEFITS (§§ 50-7-901 — 50-7-913) › Section 50-7-910 - Benefits - Amount

(a)
The shared work weekly benefit amount is the product of the regular weekly unemployment benefits amount multiplied by the percentage of reduction of at least ten percent (10%) in the individual's usual weekly hours of work.
(b)
An individual may be eligible for shared work benefits or unemployment benefits, as appropriate, except that no individual is eligible for combined benefits in any benefit year in an amount more than the maximum entitlement established for unemployment benefits, nor is an individual eligible to be paid shared work benefits for more than the applicable maximum number of weeks described in §
50-7-301(d)(2)
, whether or not consecutive, in any benefit year pursuant to a shared work plan.
(c)
The shared work benefits paid an individual are deducted from the maximum entitlement amount established for that individual's benefit year.
(d)
Claims for shared work benefits are filed in the same manner as claims for unemployment benefits or as prescribed in rules by the administrator.
Added by 2022 Tenn. Acts, ch. 1086, s 1, eff. 12/1/2023.
2023 Tennessee Code › Title 50 - EMPLOYER AND EMPLOYEE (§§ 50-1-101 — 50-11-106) › Chapter 7 - TENNESSEE EMPLOYMENT SECURITY LAW (§§ 50-7-101 — 50-7-913) › Part 9 - SHARED WORK BENEFITS (§§ 50-7-901 — 50-7-913) › Section 50-7-911 - Entitlement to benefits

(a)
If an individual works in the same week for an employer other than the shared work employer, and the individual's combined hours of work for both employers are greater than ninety percent (90%) of the normal hours of work with the shared work employer, then the individual is not entitled to benefits under the shared work provisions of this part or the unemployment benefits provisions of this chapter.
(b)
(1)
If an individual works in the same week for both the shared work employer and another employer and the individual's combined hours of work for both employers are equal to or less than ninety percent (90%) of the usual hours of work for the shared work employer, then the benefit amount payable for that week is the weekly unemployment benefits amount reduced by the same percentage that the combined hours are of the usual hours of work.
(2)
A week for which benefits are paid under this section counts as a week of shared work benefits.
(c)
If an individual, with the approval of the employer, did not work during any portion of the workweek, other than the reduced portion covered by the shared work plan, then the individual is not disqualified for the absence or deemed ineligible for shared work benefits for that reason alone.
(d)
An individual who performs no services during a week for the shared work employer and is otherwise eligible is paid the full weekly unemployment benefit amount. Such week is not counted as a week with respect to which shared work benefits were received.
(e)
An individual who does not work for the shared work employer during a week, but works for another employer and is otherwise eligible, is paid benefits for that week under the partial unemployment benefits provisions of this chapter. Such week is not counted as a week with respect to which shared work benefits were received.
Added by 2022 Tenn. Acts, ch. 1086, s 1, eff. 12/1/2023.
2023 Tennessee Code › Title 50 - EMPLOYER AND EMPLOYEE (§§ 50-1-101 — 50-11-106) › Chapter 7 - TENNESSEE EMPLOYMENT SECURITY LAW (§§ 50-7-101 — 50-7-913) › Part 9 - SHARED WORK BENEFITS (§§ 50-7-901 — 50-7-913) › Section 50-7-912 - Shared work benefits

(a)
Shared work benefits are charged to the employer's experience rating accounts in the same manner as unemployment benefits are charged under this chapter.
(b)
Employers liable for payments in lieu of contributions must have shared work benefits attributed to service in their employ in the same manner as unemployment benefits are attributed.
Added by 2022 Tenn. Acts, ch. 1086, s 1, eff. 12/1/2023.
2023 Tennessee Code › Title 50 - EMPLOYER AND EMPLOYEE (§§ 50-1-101 — 50-11-106) › Chapter 7 - TENNESSEE EMPLOYMENT SECURITY LAW (§§ 50-7-101 — 50-7-913) › Part 9 - SHARED WORK BENEFITS (§§ 50-7-901 — 50-7-913) › Section 50-7-913 - Extended benefits

An individual who has received all of the combined unemployment benefits and shared work benefits available in a benefit year is considered an exhaustee for purposes of extended benefits, as provided under §
50-7-305
, and, if otherwise eligible under that section, is eligible to receive extended benefits.
Added by 2022 Tenn. Acts, ch. 1086, s 1, eff. 12/1/2023.
2023 Tennessee Code › Title 50 - EMPLOYER AND EMPLOYEE (§§ 50-1-101 — 50-11-106) › Chapter 8 - MARKETPLACE CONTRACTORS (§§ 50-8-101 — 50-8-104) › Section 50-8-101 - Chapter definitions

As used in this chapter:
(1)
"Marketplace contractor" means any individual, corporation, partnership, sole proprietorship, or other business entity that:
(A)
Enters into an agreement with a marketplace platform to use the platform's online-enabled application, software, website, or system to receive connections to third-party individuals or entities seeking services in this state; and
(B)
In return for compensation from the third-party or marketplace platform, offers or provides services to the third-party individuals or entities upon being given an assignment or connection through the marketplace platform's online-enabled application, software, website, or system; and
(2)
"Marketplace platform" means a corporation, partnership, sole proprietorship, or other business entity operating in this state that:
(A)
Offers an online-enabled application, software, website, or system that enables the provision of services by marketplace contractors to third-party individuals or entities seeking services; and
(B)
Neither directly nor through any related party derives any benefit from work performed by marketplace contractors other than a subscription or use fee for placing marketplace contractors in assignments or otherwise providing connections.
Acts 2018, ch. 648, § 1.
2023 Tennessee Code › Title 50 - EMPLOYER AND EMPLOYEE (§§ 50-1-101 — 50-11-106) › Chapter 8 - MARKETPLACE CONTRACTORS (§§ 50-8-101 — 50-8-104) › Section 50-8-103 - Applicability of chapter

Nothing in this chapter applies to:
(1)
A transportation network company, as defined in §
65-15-301
; or
(2)
A construction services provider, as defined in §
50-6-901
.
Acts 2018, ch. 648, § 1.
2023 Tennessee Code › Title 50 - EMPLOYER AND EMPLOYEE (§§ 50-1-101 — 50-11-106) › Chapter 8 - MARKETPLACE CONTRACTORS (§§ 50-8-101 — 50-8-104) › Section 50-8-104 - Remittance of tip to marketplace contractor

If a third party uses a marketplace platform's online-enabled application, software, website, or system to engage the services of a marketplace contractor and the marketplace platform provides an option for third parties to include a tip in connection with the transaction, then the marketplace platform shall remit the tip to the marketplace contractor and shall not retain any amount of a tip or use it to cover the marketplace platform's obligations to the marketplace contractor.
Acts 2020, ch. 788, § 1.
2023 Tennessee Code › Title 50 - EMPLOYER AND EMPLOYEE (§§ 50-1-101 — 50-11-106) › Chapter 9 - DRUG-FREE WORKPLACE PROGRAMS (§§ 50-9-101 — 50-9-116) › Section 50-9-101 - Legislative intent

(a)
It is the intent of the general assembly to promote drug-free workplaces in order that employers in this state be afforded the opportunity to maximize their levels of productivity, enhance their competitive positions in the marketplace and reach their desired levels of success without experiencing the costs, delays and tragedies associated with work-related accidents resulting from drug or alcohol abuse by employees. It is also the intent of the general assembly that employers obtaining certification as a drug-free workplace under rules promulgated by the bureau should be able to renew that certification on an annual basis without requiring repeated annual training of existing employees; provided, however, the employer certifies on a form prescribed by the bureau that all existing employees have undergone training at least once and have acknowledged annually in writing the existence of the employer's drug-free workplace policy. It is further the intent of the general assembly that drug and alcohol abuse be discouraged and that employees who choose to engage in drug or alcohol abuse face the risk of unemployment and the forfeiture of workers' compensation benefits.
(b)
If an employer implements a drug-free workplace program in accordance with this chapter, which includes notice, education and procedural requirements for testing for drugs and alcohol pursuant to rules developed by the division, the covered employer may require the employee to submit to a test for the presence of drugs or alcohol and, if a drug or alcohol is found to be present in the employee's system at a level prescribed by statute or by rule adopted pursuant to this chapter, the employee may be terminated and forfeits eligibility for workers' compensation medical and indemnity benefits. However, a drug-free workplace program must require the covered employer to notify all employees that it is a condition of employment for an employee to refrain from reporting to work or working with the presence of drugs or alcohol in the employee's body and, if an injured employee refuses to submit to a test for drugs or alcohol, the employee forfeits eligibility for workers' compensation medical and indemnity benefits.
Amended by 2016 Tenn. Acts, ch. 1056, s 3, eff. 7/1/2016.
Acts 1996, ch. 944, §50; 1997 , ch. 533, § 17.
2023 Tennessee Code › Title 50 - EMPLOYER AND EMPLOYEE (§§ 50-1-101 — 50-11-106) › Chapter 9 - DRUG-FREE WORKPLACE PROGRAMS (§§ 50-9-101 — 50-9-116) › Section 50-9-102 - Applicability

Sections
50-9-103
- 50-9-111 apply to a drug-free workplace program implemented pursuant to rules adopted by the administrator of the bureau of workers' compensation. The application of this chapter is subject to any applicable collective bargaining agreement. Nothing in the program authorized by this chapter is intended to authorize any employer to test any applicant or employee for alcohol or drugs in any manner inconsistent with federal constitutional or statutory requirements, including those imposed by the Americans with Disabilities Act (
42 U.S.C. § 12101
et seq.) and the National Labor Relations Act (
29 U.S.C. § 151
et seq.).
Amended by 2015 Tenn. Acts, ch. 341, s 16, eff. 5/4/2015.
Amended by 2014 Tenn. Acts, ch. 903, s 10, eff. 7/1/2014.
Acts 1996, ch. 944, §50; 1997 , ch. 533, § 18; 1999, ch. 520, § 41.
2023 Tennessee Code › Title 50 - EMPLOYER AND EMPLOYEE (§§ 50-1-101 — 50-11-106) › Chapter 9 - DRUG-FREE WORKPLACE PROGRAMS (§§ 50-9-101 — 50-9-116) › Section 50-9-107 - Testing subject to department of transportation procedures - Verification - Chain of custody procedures - Costs - Discrimination on grounds of voluntary treatment prohibited

(a)
All specimen collection and testing for drugs and alcohol under this chapter shall be performed in accordance with the procedures provided for by the United States department of transportation rules for workplace drug and alcohol testing compiled at 49 CFR part 40.
(b)
A covered employer may not discharge, discipline, refuse to hire, discriminate against or request or require rehabilitation of an employee or job applicant on the sole basis of a positive test result that has not been verified by a confirmation test and by a medical review officer.
(c)
A covered employer that performs drug testing or specimen collection shall use chain-of-custody procedures established by regulations of the United States department of transportation or such other recognized authority approved by rule by the commissioner of labor and workforce development governing drug testing.
(d)
A covered employer shall pay the cost of all drug and alcohol tests, initial and confirmation, that the covered employer requires of employees. An employee or job applicant shall pay the costs of any additional drug or alcohol tests not required by the covered employer.
(e)
A covered employer shall not discharge, discipline or discriminate against an employee solely upon the employee's voluntarily seeking treatment, while under the employ of the covered employer, for a drug-related or alcohol-related problem if the employee has not previously tested positive for drug or alcohol use, entered an employee assistance program for drug-related or alcohol-related problems or entered a drug or alcohol rehabilitation program. Unless otherwise provided by a collective bargaining agreement, a covered employer may select the employee assistance program or drug or alcohol rehabilitation program if the covered employer pays the cost of the employee's participation in the program. However, nothing in this chapter is intended to require any employer to permit or provide a rehabilitation program.
(f)
If drug or alcohol testing is conducted based on reasonable suspicion, the covered employer shall promptly detail in writing the circumstances that formed the basis of the determination that reasonable suspicion existed to warrant the testing. A copy of this documentation shall be given to the employee upon request and the original documentation shall be kept confidential by the covered employer pursuant to §
50-9-109
, and shall be retained by the covered employer for at least one (1) year.
Acts 1996, ch. 944, §50; 1997 , ch. 533, §§ 40- 43; 1999, ch. 520, § 41.
2023 Tennessee Code › Title 50 - EMPLOYER AND EMPLOYEE (§§ 50-1-101 — 50-11-106) › Chapter 9 - DRUG-FREE WORKPLACE PROGRAMS (§§ 50-9-101 — 50-9-116) › Section 50-9-109 - Confidentiality of records - Parental notification

(a)
All information, interviews, reports, statements, memoranda and drug or alcohol test results, written or otherwise, received by the covered employer through a drug or alcohol testing program are confidential communications and may not be used or received in evidence, obtained in discovery or disclosed in any public or private proceedings, except in accordance with this section or in determining compensability under this chapter.
(b)
Covered employers, laboratories, medical review officers, employee assistance programs, drug or alcohol rehabilitation programs and their agents who receive or have access to information concerning drug or alcohol test results shall keep all information confidential. Release of the information under any other circumstance is authorized solely pursuant to a written consent form signed voluntarily by the person tested, unless the release is compelled by a hearing officer or a court of competent jurisdiction pursuant to an appeal taken under this section, relevant to a legal claim asserted by the employee or is deemed appropriate by a professional or occupational licensing board in a related disciplinary proceeding. The consent form must contain, at a minimum:
(1)
The name of the person who is authorized to obtain the information;
(2)
The purpose of the disclosure;
(3)
The precise information to be disclosed;
(4)
The duration of the consent; and
(5)
The signature of the person authorizing release of the information.
(c)
Information on drug or alcohol test results for tests administered pursuant to this chapter shall not be released or used in any criminal proceeding against the employee or job applicant. Information released contrary to this section is inadmissible as evidence in the criminal proceeding.
(d)
This section does not prohibit a covered employer, agent of the employer or laboratory conducting a drug or alcohol test from having access to employee drug or alcohol test information or using the information when consulting with legal counsel in connection with actions brought under or related to this section, or when the information is relevant to its defense in a civil or administrative matter. Neither is this section intended to prohibit disclosure among management as is reasonably necessary for making disciplinary decisions relating to violations of drug or alcohol standards of conduct adopted by an employer.
(e)
A covered employer shall notify the parents or legal guardians of a minor of the results of any drug or alcohol testing program conducted pursuant to this chapter. Notwithstanding any other provisions of this section, an employer is authorized to disclose the results to parents and guardians and an employer shall not be liable for any disclosure permitted by this subsection (e).
Acts 1996, ch. 944, §50; 1997 , ch. 533, § 45; 2001, ch. 160, § 1.
2023 Tennessee Code › Title 50 - EMPLOYER AND EMPLOYEE (§§ 50-1-101 — 50-11-106) › Chapter 9 - DRUG-FREE WORKPLACE PROGRAMS (§§ 50-9-101 — 50-9-116) › Section 50-9-110 - Prerequisites for processing test specimens - Licensure of testing laboratory

(a)
A laboratory may not analyze initial or confirmation test specimens unless:
(1)
The laboratory is licensed and approved by the department of health, using criteria established by the United States department of health and human services as guidelines for modeling the state drug-free testing program pursuant to this section, or the laboratory is certified by the United States department of health and human services, the College of American Pathologists or other recognized authority approved by rule by the commissioner of labor and workforce development; and
(2)
The laboratory complies with the procedures established by the United States department of transportation for a workplace drug test program or other recognized authority approved by the commissioner of labor and workforce development.
(b)
Confirmation tests may only be conducted by a laboratory that meets the requirements of subdivisions (a)(1) and (2) and is certified by either the Substance Abuse and Mental Health Services Administration or the College of American Pathologists - Forensic Urine Testing Programs.
Acts 1996, ch. 944, §50; 1997 , ch. 533, § 46; 1999, ch. 520, § 41.
2023 Tennessee Code › Title 50 - EMPLOYER AND EMPLOYEE (§§ 50-1-101 — 50-11-106) › Chapter 9 - DRUG-FREE WORKPLACE PROGRAMS (§§ 50-9-101 — 50-9-116) › Section 50-9-111 - Rules and regulations - Guidelines for state testing program

(a)
The administrator of the bureau of workers' compensation is authorized to adopt rules, using the rules and guidelines adopted by the department of health and criteria established by the United States department of health and human services and the United States department of transportation as guidelines for modeling the state drug and alcohol testing program, concerning, but not limited to:
(1)
Standards for licensing drug and alcohol testing laboratories and suspension and revocation of the licenses;
(2)
Body specimens and minimum specimen amounts that are appropriate for drug or alcohol testing;
(3)
Methods of analysis and procedures to ensure reliable drug or alcohol testing results, including the use of breathalyzers and standards for initial tests and confirmation tests;
(4)
Minimum cut-off detection levels for alcohol, each drug or metabolites of the drug for the purposes of determining a positive test result;
(5)
Chain-of-custody procedures to ensure proper identification, labeling and handling of specimens tested; and
(6)
Retention, storage and transportation procedures to ensure reliable results on confirmation tests and retests.
(b)
The administrator of the bureau of workers' compensation is authorized to adopt relevant federal rules concerning drug and alcohol testing as a minimum standard for testing procedures and protections that the administrator may exceed. The rules shall be promulgated in accordance with the Uniform Administrative Procedures Act, compiled in title 4, chapter 5.
(c)
The administrator of the bureau of workers' compensation shall consider drug testing programs and laboratories operating as a part of the College of American Pathologists - Forensic Urine Drug Testing Programs in issuing guidelines or promulgating rules relative to recognized authorities in drug testing.
(d)
The administrator is authorized to set education program requirements for drug-free workplaces by rules promulgated in accordance with the requirements of the Uniform Administrative Procedures Act. The requirements shall not be more stringent than the federal requirements for workplaces regulated by the United States department of transportation rules. The requirements shall not require an employer to provide annual education or awareness training for each employee if all existing employees have undergone such training at least once and have acknowledged annually in writing the existence of the employer's drug-free workplace policy.
Amended by 2016 Tenn. Acts, ch. 1056, s 4, eff. 7/1/2016.
Amended by 2015 Tenn. Acts, ch. 341, Secs.s 16, s 16eff. 5/4/2015.
Amended by 2014 Tenn. Acts, ch. 903, s 12, eff. 7/1/2014.
Acts 1996, ch. 944, §50; 1997 , ch. 533, §§ 7, 47, 48; 1999, ch. 520, §41; 2011 , ch. 410, § 10 (f).
2023 Tennessee Code › Title 50 - EMPLOYER AND EMPLOYEE (§§ 50-1-101 — 50-11-106) › Chapter 9 - DRUG-FREE WORKPLACE PROGRAMS (§§ 50-9-101 — 50-9-116) › Section 50-9-112 - Temporary employment agencies exempt from drug-free workplace requirements

A temporary employment agency shall not be required by rule, regulation or policy of the department of labor and workforce development to implement a drug-free workplace pursuant to this chapter.
Acts 1998, ch. 1024, § 18; 1999, ch. 520, § 41.