Employment Law Alert – December 2016

NEW AMENDMENTS TO TENNESSEE EMPLOYMENT LAWS

  With a new year approaching, we also have some new amendments to Tennessee employment laws set to take effect on January 1, 2017.  Below is a summary of new Tennessee laws affecting employers.  

E-Verify Program

Tennessee employers have had the option of either using the E-Verify Program or requesting and retaining certain documents to prove employees’ eligibility to work. Tennessee amended the Tennessee Lawful Employment Act to compel employers with 50 or more employees to use E-Verify. This change is effective January 1, 2017, and applies only to employees hired on or after January 1, 2017.  

Criminal Background Checks

In Tennessee, the state and any agency, authority, branch, bureau, commission, corporation, department, or instrumentality of the state can ask about the applicant’s criminal history only for covered positions and only if the job announcement includes a notice informing the applicant of the necessity of a criminal-background check. Covered positions are those positions for which a criminal-background check is required by federal law or for which the commission of an offense is a disqualifying event under federal or state law. For non-covered positions, a background check is allowed only after the initial screening of applicants, and the employer must give the applicant an opportunity to explain the criminal history.  

Garnishment

Effective September 2016, the legislature expanded employment relationships that are subject to garnishment. The change from “employer garnishee” to “garnishee” now allows garnishments to cover independent contractors.   The amendment changed references to “salaries, wages or other compensation” to “earnings.” This amendment was in response to an appellate court opinion that held “employer garnishee” did not include the independent contractor relationship.  

Workers’ Compensation

Employees must give notice of work-related accident within 15 days of its occurrence. Effective July 1, 2016, an amendment decreases the period in which an employee must give notice of an accident to his or her employer from 30 days after the accident to 15 days after the accident. An employee who fails to provide timely notice is barred from receiving compensation.   Should you have any questions regarding these new amendments or their application, please contact our employment lawyers at 731-423-2414 to discuss these changes.  We wish you and your company a prosperous New Year!