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Previous Updates
The TIPA's protections do not apply to individuals acting in an employment context or to employment-related data.
Tennessee General Assembly Legislation
Effective July 1, 2024, Tennessee defines work under its wage and hour law to have the same meaning as interpreted by the United States Supreme Court under the federal Fair Labor Standards Act (FLSA).
Employers can review the FLSA’s definitions of hours worked here.
Current requirements remain in place past July 1, 2023.
This is effective April 1, 2023.
- Use E-Verify for newly hired employees, or
- Request and maintain documents under the TLEA’s list of authorized identity and employment eligibility documents. Acceptable documentation can be found here: https://www.tn.gov/workforce/employers/staffing-redirect/hiring-regulations/employment-verification.html.
Effective July 1, 2022, the Tennessee CROWN Act prohibits employers from adopting policies that do not permit employees to wear their hair in braids, locs, twists or another manner that is culturally or physically associated with the employee's ethnic group.
Certain exceptions apply for public safety employees and policies adopted for reasonable safety reasons or to comply with health or safety laws and regulations.
Effective July 1, 2022, Tennessee will require employers to pay employees impaired by age, physical or mental deficiency, or injury, the full federal minimum wage, regardless of subminimum wages authorized under federal law.
Tennessee employers must now allow employees who are veterans to have the entirety of Veterans Day in November off as an unpaid holiday if the employee provides advance notice and proof of veteran status. Exceptions apply if the employee's absence will impact public health or safety, or cause the employer significant economic or operational disruption.
The Governor has signed legislation that supplements existing state law. The new law provides that “[a]n employer that requires a person to provide proof of vaccination or requires an individual receive the COVID-19 vaccine must grant the person an exemption to the policy if: (1) the person provides a valid reason for a medical exemption supported by a statement that has been signed and dated by a licensed healthcare provider; or (2) the person states that the person has a religious belief which prevents the person from complying with the policy.”
You can learn more here.
Tennessee Requires Pregnancy Accommodations
Effective October 1, 2020, a Tennessee employer with 15 or more employees is required to provide reasonable accommodations for an employee's limitations related to her pregnancy, childbirth or related medical conditions, unless doing so would create an undue hardship for the employer.
Reasonable accommodations include:
- Making existing facilities used by employees readily accessible and usable;
- More frequent, longer, or flexible breaks;
- A private place, other than a bathroom stall, for the purpose of expressing milk;
- Modified food or drink policy;
- Modified seating or allowing the employee to sit more frequently if the job requires standing;
- Providing assistance with manual labor and limits on lifting;
- A temporary transfer to a vacant position;
- Job restructuring or light duty, if available;
- Acquisition or modification of equipment, devices, or an employee's work station;
- A modified work schedule; and
- Flexible scheduling for prenatal visits.
The law contains employee documentation requirements for certain reasonable accommodations. It also includes a list of actions an employer is prohibited from taking against a worker. Read more here.
Restrictions on Vaccine Requirements
The Governor signed new COVID-19 legislation restricting employers’ ability to require proof of COVID-19 vaccination and take adverse actions for refusing to show proof of vaccination if the employee or applicant objects to vaccination for any reason. Employees who are separated from employment for refusing a COVID-19 vaccine are entitled to unemployment benefits. If you are a private employer, you may continue to set your own masking policies.
While most employers cannot mandate their employees and applicants to show proof of COVID-19 vaccination status, the new law also creates an exemption process for federal contractors required to comply with federal law. If a federal government contractor or subcontractor can demonstrate that complying with the new TN law would result in the loss of federal funding, it may file for an exemption with the Tennessee Comptroller of the Treasury. The Tennessee Comptroller of the Treasury has established a website COVID-19 Exemption, which federal contractors or subcontractors can request an exemption.
