Tennessee Unemployment Reform Benefits Employers
On May 9, 2012, Tennessee Governor Bill Haslam signed into law a series of unemployment reforms designed to reduce fraud and assist employers. Claimants who are terminated for "misconduct" are disqualified from receiving unemployment benefits. Previously, the definition of misconduct was somewhat ambiguous and difficult for employers to prove. Under the new law, employers only need to show that the claimant violated one of the employer's policies in order to establish misconduct. A violation of an employer's policy will automatically establish misconduct, unless the claimant can show that he did not know and could not reasonably have known of the employer's policy, or the employer's policy is unlawful or not reasonably related to the job.
TN Unemployment Reform to Benefit Employers
On May 9, 2012, Tennessee Governor Bill Haslam signed into law a series of unemployment reforms designed to reduce fraud and assist employers. Claimants who are terminated for "misconduct" are disqualified from receiving unemployment benefits. Previously, the definition of "misconduct" was somewhat ambiguous and difficult for employers to prove. Under the new law, employers only need to show that the claimant violated one of the employer's policies in order to establish misconduct. A violation of an employer's policy will automatically establish misconduct, unless the claimant can show that he did not know and could not reasonably have known of the employer's policy, or the employer's policy is unlawful or not reasonably related to the job.
Tennessee Allows Tipped Employees to Waive Meal Breaks
The Tennessee General Assembly recently amended the state’s meal and rest break law to require meal breaks for tipped employees in the food and beverage industry. Fortunately, the new law also allows tipped employees to waive their right to meal breaks as long as employers follow a very specific process.
Tennessee Employers are Required to Compensate Employees for Travel Time To and From Jury Duty
Executive Summary: In an October 10, 2011 Attorney General Opinion, the Tennessee Attorney General opined that Tennessee employers are required to compensate employees for travel time to and from jury duty in addition to the employees' actual jury service.
New Tennessee Attorney General's Opinion Opens Door to Wage Claims by Employees Serving Jury Duty
As a general rule, the Fair Labor Standards Act does not require an employer to pay an employee’s travel time between home and their regular place of work.
Tennessee Lawful Employment Act Imposes New Immigration-Related Requirements on Employers
On June 7, 2011, Tennessee Governor Bill Haslam signed new legislation into law that threatens employers with the suspension of their business license if they fail to comply with certain immigration-related requirements. The Tennessee Lawful Employment Act is designed to curtail the employment of illegal immigrants in Tennessee by requiring businesses to collect and maintain documentation proving that employees and other persons who provide labor or services, such as independent contractors, are eligible to work in the United States.
Tennessee Enacts New Employment Authorization Law
Executive Summary: The Tennessee Lawful Employment Act ("TLEA") was signed into law on June 7, 2011, and gives employers the option of either enrolling in the federal E-Verify program or obtaining specific employment authorization documentation from employees.
Tennessee Adopts Worker-Verification Law
Tennessee has joined the increasing number of states attempting to curtail the employment of unauthorized aliens by passing its own employment eligibility verification law. The Tennessee Lawful Employment Act (SB 1669, HB 1378), signed by Governor Bill Haslam on June 7, 2011, requires employers to use the E-verify program, with exceptions, as soon as January 1, 2012.
Tennessee Governor Signs Immigration Enforcement Law
Tennessee employers soon will be required to take several actions under a new immigration law. The Tennessee Lawful Employment Act requires employers to use E-Verify, or to maintain documentation of legal residency or valid U.S. work authorization for all employees hired after the effective date. The law takes effect for governmental entities and private employers with 500 or more employees on January 1, 2012. On July 1, 2012, the law will apply to private employers with 200-499 employees and all employers with more than six employees will be covered as of January 1, 2013. Employers will also be required to maintain documentation of legal residence or valid U.S. work authorization for non-employees providing labor or services.
Tennessee Legislature Reverses Tennessee Supreme Court on Employment Litigation
On May 21, 2011, the Tennessee Legislature passed legislation that restores a balanced approach to employment litigation in Tennessee. Baker Donelson attorneys Larry Eastwood and Ben Bodzy worked with pro-employer advocates, including the National Federation of Independent Business and the Tennessee Chamber of Commerce, to help draft this legislation and advocate on its behalf.
