Title 50, Employer And Employee

(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 pers…

(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 …

(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 entit…

(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…

(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 conditio…

(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 ca…

(a) Any person who has received unemployment benefits by knowingly misrepresenting, misstating, or failing to disclose any material fact, or by making a false statement or false representation without a good faith belief as to the correctness of the statement or representation, a…

This part shall be known and may be cited as the “Tennessee Works Act of 2012.”

(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) 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…

(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 tr…

(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 Tennesse…

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 t…

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 progr…

(1) 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 …

(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 monetar…

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.

(a) An employer wishing to participate in a shared work program shall submit a signed written shared work benefits plan to the administrator for approval. (b) The administrator shall approve a shared work benefits plan only if the following criteria are met:(1) The plan:(A) Appli…

(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 a…

(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…

(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, unre…

(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…

(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 benefit…

(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 be…

(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 …

(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 e…

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 …

(1) 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…

(a) A marketplace contractor is an independent contractor and not an employee of the marketplace platform for all purposes under state and local laws, rules, ordinances, and resolutions if the following conditions are set forth in a written agreement between the marketplace platf…

(1) 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. (1) A transportation network company, as defined in § 65-15-301; or (2) A construction services provider, as d…

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 t…

(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 succes…

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 prog…

(1) As used in this chapter, unless the context otherwise requires:(1) “Alcohol” has the same meaning in this chapter when used in the federal regulations describing the procedures used for testing of alcohol by programs operating pursuant to the authority of the United States de…

(a) A covered employer may test a job applicant for alcohol or for any drug described in § 50-9-103; provided, that, for public employees, the testing shall be limited to the extent permitted by the Tennessee and federal constitutions. A covered employer may test an employee for …

(a) One (1) time only, prior to testing, a covered employer shall give all employees and job applicants for employment a written policy statement that contains:(1) A general statement of the covered employer's policy on employee drug or alcohol use, which must identify:(A) The ty…

(a) To the extent permitted by law, a covered employer who establishes a drug-free workplace is required to conduct the following types of drug or alcohol tests:(1) Job Applicant Drug and Alcohol Testing. A covered employer must, after a conditional offer of employment, require j…

(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 cove…

(a) An employee or job applicant whose drug or alcohol test result is confirmed as positive in accordance with this section shall not, by virtue of the result alone, be deemed to have a disability as defined under federal, state or local disability discrimination laws. (b) A cove…

(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…

(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 dru…

(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 …

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.

(a) Each employer with five (5) or more employees receiving pay who contracts with the state or any local government to provide construction services or who is awarded a contract to provide construction services or who provides construction services to the state or local governme…

(a) The state or any local government, including departments, divisions, or agencies thereof, shall include within any bid or procurement specifications for construction services the following information:(1) A statement as to whether the governmental entity issuing a constructio…

Notwithstanding this chapter, a covered employer who has employees who are healthcare practitioners for the purposes of § 63-1-126 shall report a healthcare practitioner who tests positive for any drug on any government or private sector preemployment or employer-ordered confirme…