The “Tennessee Pregnant Workers Fairness Act” (Senate Bill 2520) requires every employer with at least 15 employees to make a reasonable accommodation for an employee’s or prospective employee’s medical needs arising from pregnancy, childbirth, or related medical conditions, unless such accommodation would impose an undue hardship on business operations. The
Articles About Tennessee Labor And Employment Law
Summary: Tennessee Governor Bill Lee issued Executive Order No. 22 on Monday, March 30, 2020, urging all Tennesseans to stay at home as much as possible except for engaging in essential activities, like obtaining food, supplies, or medical care. The Order stops short of ordering residents to stay at home. Governor Lee’s Order only closes non-essential businesses as to access or use by the public. Those businesses are instead encouraged to provide delivery or curbside service. The Order is effective at 11:59 p.m. on March 31, 2020 and shall remain in effect until April 14, 2020.
As many employers across the country are gearing up for the April 1 effective date of the Families First Coronavirus Response Act leave provisions, employers of Dallas employees were also concerned about how the City of Dallas’ Paid Sick Leave Ordinance’s April 1 enforcement date would impact them. The ordinance has been in federal litigation in the Eastern District of Texas. On March 30, 2020, United States District Judge Sean Jordan granted the Plaintiffs’ preliminary injunction and enjoined the City of Dallas or anyone “in active concert” with the City from enforcing the ordinance against any business or entity pending the resolution of lawsuit.
Rejecting the strict “ABC” test adopted by its appellate court, Tennessee has enacted a new law (H.B. 539) adopting a 20-factor test to determine employee-versus-independent contractor status. The new law becomes effective January 1, 2020.
Tennessee recently amended its Healthy Workplace Act (Act), which seeks to prevent abusive conduct at work, to cover private employers. Enacted in 2014, the Act previously applied only to public employers. The amendment, which extends the Act’s provisions to the private sector, took effect immediately when Governor Bill Lee signed the bill into law on April 23, 2019.
Tennessee employers have a new defense against employees bringing workplace environment-related lawsuits. An amendment expanding Tennessee’s Healthy Workplace Act to include private employers went into effect on April 23, 2019. Prior to the expansion, the law only applied to state and local government entities.
On April 24, 2019, Dallas became the third city in the Lone Star State to adopt an ordinance requiring all private employers to provide paid sick leave to employees, following Austin and San Antonio.
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.
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.
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.
In its latest session, the Tennessee Legislature passed four bills that affect Tennessee public and private employers’ workplace policies and procedures.
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.
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.
On March 24, 2016, Tennessee’s breach notification statute was amended when Governor Bill Hallam signed into law S.B. 2005.
The Tennessee Senate has approved passage of a bill that will permit public college and university employees and students holding handgun carry permits to transport or store a firearm or ammunition in their own vehicles on campus without facing any adverse or disciplinary action. The House has passed a nearly identical companion bill. If the Senate adopts the House version, the bill will go to Governor Bill Haslam, who likely will sign it into law.