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Tennessee Department of Labor Revises Drug-Free Workplace Program Requirements

Twenty years ago, the Tennessee Department of Labor (TNDOL) adopted regulations implementing the Tennessee Drug-Free Workplace Act and establishing the Tennessee Drug-Free Workplace Program. This year, the TNDOL substantially revised these regulations. The revised regulations became effective on May 6, 2018.

Tennessee Gives Employers Option to Allow Limited Carrying of Concealed Firearms at Work

Tennessee property owners, including employers, are generally authorized to prohibit the possession of weapons by any person at meetings conducted by an employer or on property owned, operated, managed, or under the control of an employer. Tennessee has adopted very specific requirements for how employers and other property owners must notify employees and visitors when they seek to prohibit firearms on their properties.

Tennessee Employers Subject to New Obligations to Report Healthcare Practitioners' Confirmed Drug (but not Alcohol) Tests and Test Refusals

A new Tennessee law, effective July 1, 2017, imposes new reporting requirements on healthcare practitioner1 (HCP) employers. Under the new reporting law, in certain circumstances, HCP employers must "promptly" report to the state HCP employees with confirmed (positive) drug test results2 or those who refuse to submit to any work-related or directed drug test, including but not limited to pre-employment drug tests. The law does not apply to confirmed positive alcohol tests or refusals to submit to alcohol testing. The law does not contain an affirmative reporting obligation requiring reporting of information to other employers, although it does create a mechanism for certain employers to share information.

Employers Escape Private Claims under the Tennessee Tip Statute

Executive Summary: In Hardy v. Tournament Players Club Southwind, the Tennessee Supreme Court held that an employee cannot pursue a private right of action under the Tennessee Tip Statute, T.C.A. § 50-2-107. This statute sets forth an employer’s duty to pay service charges, tips, and gratuities to its tipped employees. This decision overrules the Tennessee Court of Appeal’s ruling in Owens v. University Club, which held that an employee may pursue a civil action against an employer under the statute.

Tennessee Court of Appeals Cleans Up Questions on Dog Groomers' Employment Status

Executive Summary: Individuals performing the main function of your business cannot be classified as independent contractors in Tennessee. At least, that’s what the Tennessee Court of Appeals ruled recently when analyzing whether the Tennessee Department of Workforce Development properly held a pet groomer liable for unpaid unemployment taxes from 2006 through 2011.

Tennessee’s Gun-Free Workplaces Must Heed New Notice Requirements

Tennessee generally allows employers to prohibit employees and other individuals from possessing weapons on properties owned or operated by employers. The primary exception to this general rule concerns individuals with lawful handgun carry permits storing their weapons in their personal vehicles while parked on an employer’s property.

2016 Tennessee Legislative Update

In its latest session, the Tennessee Legislature passed four bills that affect Tennessee public and private employers’ workplace policies and procedures.

Tennessee Legislative Update

Executive Summary: Governor Haslam recently signed several bills into law that will impact Tennessee employees and employers in both the public and private sectors. Employers may wish to reassess certain policies and practices in light of these changes.

Tennessee Amends Data Breach Notification Statute to Cover Encrypted Data and Address Timing

An amendment to the Tennessee’s data breach notification statute has eliminated a provision requiring notice only in the event of a breach of unencrypted personal information. Accordingly, it appears that Tennessee is the first state in the country to require breach notification regardless of whether the affected information was encrypted. The amendment (S.B. 2005), signed by Governor Bill Haslam on March 24, 2016, will take effect on July 1, 2016.

Tennessee Amends Breach Notification Statute

On March 24, 2016, Tennessee’s breach notification statute was amended when Governor Bill Hallam signed into law S.B. 2005.