Employment Law Alert – Summer 2017

September 7th, 2017   •   Comments Off on Employment Law Alert – Summer 2017   

Monthly Pay Now Legal in Tennessee

Employers wishing to pay their employees monthly will now be allowed to do so under Tennessee law. Effective May 11, 2017, Tennessee amended the Tennessee Wage Payment Act to allow the monthly payment of wages, as opposed to the previous requirement of at least bi-monthly payment. If an employer pays monthly, it must do so by the fifth day of the month following the end of the month in which the wages were earned.

Employers that prefer to pay bi-monthly or more often can still do so under the new law. Bi-monthly wages that are earned and unpaid before the end of the month must be paid by the twentieth day of the next month; wages earned and unpaid by the sixteenth day of the month are required to be paid by the fifth of the next month. The law did not change as to the posting of regular pay days, vacation pay, or payroll deductions.

New Duty to Report Healthcare Workers Who Fail Drug Tests

Effective July 1, 2017, healthcare employers are required to promptly report any employee that has a confirmed positive drug test to the employee’s licensing or certifying board. Such reporting is not required if the employee can produce a prescription or valid medical need for taking the drug within three business days of when the employer gives the employee notice of the failed drug test or if the employee reports to the substance abuse peer assistance or treatment program of the applicable board for the employee practitioner.  Employees that refuse to submit to a drug test must also be reported by the employer unless the above conditions are met. If the employee does not comply with the terms of his/her respective board’s substance abuse peer assistance or treatment program, then the employer is not exempt from the reporting duty. The law does not specifically include alcohol testing results or refusals on alcohol tests in the new reporting requirements.

Trucking Companies Must Now Install Electronic Logging Devices

A new federal law requires motor carriers operating interstate to have an electronic logging device (ELD) in each of their commercial motor vehicles. Carriers that do not operate automatic on-board recording devices (AOBRDs) will be required to install an ELD into all vehicles, as well as train drivers how to use the devices by December 18, 2017. However, carriers that have installed AOBRDs into their vehicles by December 18, 2017, must install the ELDs no later than December 16, 2019. The law provides exceptions to the required ELDs for drivers who use logs no more than 8 days in any 30-day period, driveaway-towaway operations where the vehicle that is being driven is part of the shipment, driveaway-towaway operations where the vehicle being transported is a motor home or recreational vehicle (RV), or for vehicles manufactured before 2000.

SAVE THE DATE: Fall Employment Law Seminar

It’s not too early to plan on attending our Fall Employment Law Seminar on November 1, 2017. The seminar, presented in partnership with the West Tennessee SHRM chapter, will be held at Union University in Jackson, Tennessee. This event always provides a great opportunity for employment law updates, HR training, and networking with exhibitors in the human resources and employee benefits fields. Stay tuned for an announcement detailing the seminar’s topics and speakers!

Registration details will be sent out at a later date. If you have questions, please contact Jennifer Howell (jhowell@raineykizer.com) or Elaine Amicone (eamicone@raineykizer.com) at (731) 424-2414. Please make plans to join us for an informative day!