What Is The Whistleblowers Law?

Tue, 29 May 2007 21:19:00 GMT

Also, under the Tennessee "WHISTLE BLOWER'S LAW", the employer may not take any reprisal against an employee who advises the employer that the business is in violation of a law and the employee either discloses, threatens to disclose, or testifies about the violation of law, or the employee objects to or refuses to participate in an employment act in violation of law. This law may be found at Tennessee Revised Statutes Title 501304

A Former Employee Has Quit My Employment. When Someone Voluntarily Quits Do I Have Any Liability For Benefit Charges?

Tue, 29 May 2007 21:19:00 GMT

When someone voluntarily quits your business, an investigation is conducted to ascertain the reason the claimant quit. If it is determined that the claimant had a good workrelated reason to quit, you are liable for benefit charges. Listed below are examples of the information we require in order to adjudicate voluntary quit issues: A. Claimant voluntarily quit due to working conditions:

Were there any changes in the working conditions agreed upon at the time of hire? If so, please explain.
Were the changes permanent or temporary? And if temporary, for what period of time?
Did the changed working conditions affect other employees? If yes, please explain.
What affects did the changes have upon the claimant's production?
What action did management take toward resolving the problem?

B. Claimant voluntarily quit due to a medical condition:

Did the claimant provide a medical statement showing the necessity for leaving work?
Did this condition result in a physical disability?
Was the illness or injury workrelated? If yes, is the claimant receiving any type of Worker's Compensation?
Did the claimant reapply for usual duties after being released by his doctor to return to work?
Did you offer the claimant work that he could perform if he had light duty restrictions? NOTE: Pregnancy is considered an illness under Employment Security Law.

C. Claimant voluntarily quit in lieu of discharge:

Was the claimant given a quit or be discharged ultimatum? NOTE: When someone voluntarily quits in lieu of being discharged, it is treated as if the claimant actually was discharged.
Give the details of the final incident that caused the discharge.
What specific rule, policy, or common labor practice did the claimant violate?
Was the claimant aware of these rules?
How was the claimant made aware of these rules?
Were there any prior incidents or warnings? Please provide a copy of the warnings or a detailed account of prior incidents.
Were any actions taken to correct the situation before the discharge?

Are Breaks Required For Minors Under Age 18:

Mon, 04 Jun 2007 21:51:22 GMT

Any minor scheduled to work 6 hours must have a thirty (30) minute rest or meal break no exceptions.

Are There Any Legal Restrictions Against Firing, Suspending Or Disciplining Employees?

Tue, 29 May 2007 21:19:00 GMT

Tennessee is known as an "EMPLOYMENTATWILL" state. Generally, this means that an employer may legally hire, fire, suspend or discipline any employee at any time and for any reason good or bad or for no reason at all. However, an employer may not discriminate against any employee on the basis of the employee's race, sex, age, religion, color, national origin, or disability.

Are There Exceptions To The Tennessee Employment At Will Law?

Tue, 29 May 2007 21:19:00 GMT

There are other exceptions to Tennessee's "EMPLOYMENTATWILL" doctrine. Tennessee employees may not be disciplined or discharged atwill for:

Being called to military service
Voting in elections
Exercising right of association
Wage garnishment
Filing workers' compensation claim
Being called to jury duty (Employer must also pay the employee wages during the jury service less what the court pays.)

Employees who are fired may still apply for unemployment insurance benefits. The Tennessee Department of Labor and Workforce Development's Unemployment Insurance Division will determine eligibility.

Are These Restrictions The Same For 16 And 17 Year Olds?

Tue, 29 May 2007 21:19:00 GMT

No. There are no limitations on the number of hours that 16 and 17yearold minors work. They cannot be required to work during school hours; nor can they work past 10:00 p.m. on nights preceding school days (Sunday through Thursday nights), unless their parents or guardians sign a Parental Consent Form. The Parental Consent Form would allow them to work no later than 12:00 midnight three of those nights while school is in session. The Child Labor Act prohibits minors, whether they are 14 to 15 or 16 to 17 year olds from employment in certain occupations. A copy of the Child Labor Act may be obtained upon request. Note: State and Federal Laws conflict. Therefore, we have quoted the stricter of the two laws.

As An Employer Must I Provide A Former Or Current Employee With A Copy Of My Employment Personnel Files?

Tue, 29 May 2007 21:19:00 GMT

There's no federal law or Tennessee law that requires the employer to do so. The employment file is the property of the employer. The employer is not required to furnish current or former employee's whole file or specific things in the file. However, the employer may choose to furnish a copy. If the employee files suit, they will be able to subpoena the file any way. An employer may charged for example 50 cents a page to cover time and cost to copy, payable up front in cash. Example, the person requesting the file, should be told how many pages are in the file. If the file consist of fifty pages, they would have to present the employer with $25.00 before the file would be copied. Do not pick and choose copy everything, W4 changes, benefit changes, address changes, etc.

Can An Employee Be Discharged While Out Sick Even Though They Provide A Doctor's Statement?

Mon, 04 Jun 2007 21:51:22 GMT

There are no Tennessee laws regulating terminations. If the employee feels discrimination is involved, they are referred to either the Tennessee Human Rights Commission or the Equal Employment Opportunity Commission. National Labor Relations Board NLRB: Questions concerning unfair labor practices where a union is involved should be directed to the National Labor Relations Board (NLRB) at their Web site.

Can An Employer Terminate An Employee For A Claim On Equal Pay?

Tue, 29 May 2007 21:19:00 GMT

No employer is allowed to terminate or discriminate against any employee who files a claim for equal pay.

Can I Inquire As To Whether Someone Is Drawing Unemployment Benefits?

Tue, 29 May 2007 21:19:00 GMT

An individual's claim for unemployment benefits is considered confidential unless under appeal. Therefore, in most instances you will not be given information regarding someone drawing unemployment.

Can My Employer Hold My Paycheck Until I Return My Uniform, Etc.?

Tue, 29 May 2007 21:19:00 GMT

No. An employer cannot hold your paycheck for any reason.

Can My Employer Withhold The Cost Of My Uniform, Equipment, Company Loans, Shortages And Negligence, Etc. From My Paycheck?

Tue, 29 May 2007 21:19:00 GMT

No. Your employer cannot make any deductions from your paycheck without your consent to the deductions.

Can One Work And Collect Benefits?

Tue, 29 May 2007 21:19:00 GMT

In some circumstances, yes. The most common situation would be an individual who is working, but earning less than the weekly benefit amount. In that instance they would normally draw an amount less than their normal weekly benefit amount. Information on the benefit cross match audit and instructions for completing the audit card.

Can Someone Work And Draw Unemployment Benefits?

Tue, 29 May 2007 21:19:00 GMT

If I receive an audit card does that mean the employee is drawing unemployment. Can I inquire as to whether someone is drawing unemployment benefits? How can I report someone who is working and drawing unemployment benefits? If my business is a party to a back pay award is that award reportable?

Could There Be Legal Challenges?

Tue, 29 May 2007 21:19:00 GMT

Yes. The United States Constitution, which restricts governmental but not private actors from arbitrarily interfering with individual rights, prohibits the Government from unreasonably infringing on workers' rights relating to privacy and job security. With respect to workplace privacy, the Fourth Amendment to the U.S. Constitution prohibits unreasonable "searches." In l989, the Supreme Court, considering the issue of workplace drug testing for the fist time, concluded that a public employer taking of blood, urine, or breath specimen for the purpose of alcohol and other drug testing, (or testing conducted by a private employer at the request of the Government), constitutes a search under the Fourth Amendment because it implicates significant privacy concerns. The Court further held that the determination of whether such testing is "reasonable" and therefore constitutionally valid, requires a balancing of the degree of invasion on the individual's privacy interest against the promotion of the employer's legitimate interests.

Does Tdlwd Provide Advice On Garnishments, Tax Levies, Or Other Similar Withholdings From Pay?

Tue, 29 May 2007 21:19:00 GMT

TDLWD does not have the authority to provide assistance or advice in this area.

Does Tennessee Require Labor Laws To Be Posted?

Tue, 29 May 2007 21:19:00 GMT

Yes.

Does The Department Of Labor And Workforce Development Make On-Site Inspections?

Tue, 29 May 2007 21:19:00 GMT

Yes. Onsite inspections are made and employees are interviewed to see if they are being paid the correct rate for the job they are performing. We check to be sure that the wage rate is posted for all employees to verify they are paid the correct wage rates.

How Accurate Are The Drug Testing Methods That I Will Be Required To Use?

Tue, 29 May 2007 21:19:00 GMT

If testing is done in accordance with the Rules and Guidelines, ( Chapter 08002 ), the results are highly accurate and reliable. Sometimes, you'll hear that urine drug tests can be "beaten". Once, this was true; people could add water, soap, ammonia, vinegar or even table salt to a specimen and produce a negative test result. Today, collection site and laboratory procedures make tampering nearly impossible. At the collection site, employees must leave coats, purses and briefcases outside the cubicle where they provide the specimen. The person collecting the specimen adds a bluing agent to the toilet bowl and remains in the area directly outside the stall while the specimen is being given. Immediately afterward, the collector applies a temperature strip to the specimen to make sure that it matches body temperature. The collector also checks the specimen for unusual color and odor. Later, when the specimen arrives at the laboratory, technicians perform simple tests for gravity and acidity to detect adulterated specimens. Another misconception is that drug testing is prone to inaccuracy with socalled "false" positives. Several years ago, some overthecounter drugs such as ibuprofen or diet pills could cause false positives for illicit drugs. Today, tests have been refined to the point where this does not occur. A more legitimate concern is that of true "false" positives. That is, where the laboratory accurately determined the presence of a drug, but its presence is not the result of abuse or illicit use. Certain foods and medicines do contain detectable amounts of "controlled" drugs. For example, poppy seeds used in bagels and other baked goods can sometimes contain enough morphine to produce a detectable level in urine. Overthecounter drugs that are sold in countries outside the U.S. often contain codeine. Codeine is also found in commonlyprescribed cough and cold medicines, such as Tylenol with codeine, and can produce a positive result in drug tests. In all these cases, a Medical Review Officer ( MRO ) is able to determine if the drug is being properly and legitimately used. While there have been some reports of errors, they can usually be traced to the fact that a confirmation test was not performed to verify an initial positive result.

How Can I Report Someone Who Is Working And Drawing Unemployment Benefits?

Tue, 29 May 2007 21:19:00 GMT

You may contact the department by writing: Benefit Payment Control Unit
P.O. Box 24150
Nashville, Tennessee 372024150
or by phone at: 6157412606 or
toll free in Tennessee at 18003448337. If it appears that an overpayment may exist, the claimant will be called in for a hearing regarding a possible overpayment.

How Do I File A Claim For Discriminatory Practices?

Tue, 29 May 2007 21:19:00 GMT

Discrimination against employees is illegal under both Federal and State law. Employers may not discriminate against an employee on the basis of the employee's race, sex, age, religion, color, national origin or disability. Claims of discrimination in Tennessee should be forwarded either to the Tennessee Commission on Human Rights in Nashville Tennessee at (615) 7415825, or to the Equal Employment Opportunity Commission (EEOC) in Nashville, Tennessee.

How Do I Terminate/Cancel My Account?

Tue, 29 May 2007 21:19:00 GMT

Once you have established liability as an employer, you are subject to the unemployment insurance law for at least two calendar years, regardless of the number of employees, as long as you employ workers. However, you may request termination of coverage as of January 1 of any calendar year if you employed workers or paid wages to a lesser extent than required by law for the purpose of liability for the previous calendar year. Such request must be submitted, in writing to our Employer Services Unit, before April 1 of the year the termination is to be effective.

How Do My Premiums Paid To Tennessee Affect My Federal Unemployment Tax (Futa)?

Tue, 29 May 2007 21:19:00 GMT

In order to be eligible for a 5.4 percent offset credit against the 6.2 percent FUTA tax that you pay to the IRS, you must pay state unemployment insurance premiums for the previous year in full by January 31. If the state premiums are not paid, you must pay the full 6.2 percent FUTA tax. However, this will not relieve you from state premiums.

How Does My Business File Quarterly Reports?

Tue, 29 May 2007 21:19:00 GMT

"Premium Reports" (LB0456) and "Wage Reports" (LB0851) are mailed to employers each calendar quarter. If you do not receive a quarterly report, you are not relieved of your responsibility to submit reports and pay premiums due on time. You can obtain reports by calling the Employer Accounts Office in your area or by calling Employer Services at (615) 7412486. Tennessee employers are required to use the "Premium Report" to report the amount of total gross wages and total taxable wages paid to all employees, as well as the number of employees working for the employer as of the 12th of the each month of the applicable quarter. Employers are also required to report each employee's social security number, name and total gross wages on the "Wage Report".

How Does My Business Register As A New Employer?

Tue, 29 May 2007 21:19:00 GMT

A "new" employer must complete a Report to Determine Status Application for Employer Number. If you are liable for unemployment insurance premiums in Tennessee, you will be assigned an eight digit employer account number (i.e. 0000000 0). Applications may be obtained by calling your local Employer Accounts Office or by calling toll free 18003448337 and pressing 1. If you are an outofstate employer, call 16157412486. Make sure you specify whether you are a Regular Business, a Nonprofit Organization or a Government Employer.

How Is My Employer Account Charged For Benefits Paid To My Former Employees?

Tue, 29 May 2007 21:19:00 GMT

If you are the only employer who paid wages to the benefit claimant for covered employment in his/her base period, you are the only employer with potential liability for benefits paid on the claim. However, if the claimant was paid wages for covered employment by more than one employer in his/her base period, the liability for benefit payments is prorated. Each employer is then responsible for a percentage of each payment, which is equal to the percentage of the total base period wages paid to the claimant by that employer. Example: Total base period wages = $10,000
Covered base period wages paid by Employer A = $5,000 (50%)
Covered base period wages paid by Employer B = $2,500 (25%)
Covered base period wages paid by Employer C = $2,500 (25%)
If the claimant was paid an unemployment check in the amount of $200, each employer's charge is as follows: Employer A = $100 (50%)
Employer B = $50 (25%)
Employer C = $50 (25%)

How Is My Premium Rate Determined?

Tue, 29 May 2007 21:19:00 GMT

Your employer premium rate is dependent upon whether you are a new employer or an experiencerated employer. New employers in Tennessee are initially subject to a "new employer" rate until their account has been subject to premiums and chargeable with benefits for thirtysix consecutive months ending on the computation date (December 31, of each year). Beginning on the next July 1, they then become eligible for a premium rate based on their individual reserve experience. Since July 1, 1983 new employer rates have been determined separately for each major industry group based on each industry group's combined reserve experience. "New employer" rates for each industry are redetermined each year effective July 1. All industries, except construction, manufacturing, and mining, continue to have a new employer rate of 2.7%. An experiencerated employer is an employer who has been liable to pay unemployment insurance premiums for 36 consecutive months ending on December 31. An experiencerated employer's premium rate is determined by two factors: the employer's reserve ratio and the level of the Unemployment Insurance Trust Fund. An employer's reserve ratio is determined by taking the total premiums the employer has paid as of December 31 and subtracting from that all benefits charged against that employer as of December 31. The difference is then divided by the employer's average payroll for the last three years. The resulting figure is the employer's reserve ratio percent. An employer's premium rate is the rate that corresponds with his reserve ratio on the effective Premium Table. The level of the Trust Fund determines which of six (6) Premium Tables will be used to determine an employer's premium rate.

How Often Must My Employer Pay Me?

Tue, 29 May 2007 21:19:00 GMT

All wages or compensation of employees in private employment is due and payable at least semimonthly and notice of regular paydays must be posted by each employer in at least two conspicuous places.

I Am Considering Discharging One Of My Employees. What Information Will I Need To Provide To The Unemployment Office If This Employee Files A Claim For Benefits?

Tue, 29 May 2007 21:19:00 GMT

In the case of a discharge, the burden of proof lies on the employer to prove that a former employee was guilty of willful workrelated misconduct. Below are some examples of issues the department looks for in the adjudication of a claim for benefits. Absenteeism/Tardiness
Violation of Company Policy
Poor Work Performance
Drugs/Intoxicants
Refused Work Shift
Falsification of Application

I Am Working On A State-Funded Prevailing Wage Project? I Am Performing The Duties Of A Carpenter But Not Being Paid The Correct Wages. Can You Help Me?

Tue, 29 May 2007 21:19:00 GMT

Yes. All contractors on statefunded projects are required to post the wage rate on the jobsite and pay the correct rate of pay for each craft they perform.

I Have A Probationary Employee That Is Not Working Out. If I Discharge Him, Will He Be Eligible For Unemployment ?

Tue, 29 May 2007 21:19:00 GMT

Tennessee law does not recognize probationary employment. If you discharge this individual, you will have to prove willful misconduct in order to protect your reserve account from charges.

I Hired An Individual To Fill-In For Someone. When I No Longer Have Work For The Temporary Employee, Will I Be Charged If He Files For Unemployment Compensation?

Mon, 04 Jun 2007 21:51:22 GMT

Yes. Regardless of the length of time someone works for your business or the circumstances under which they are hired you will be liable for benefits paid.

I Never Employed This Individual, So How Can I Be Charged?

Tue, 29 May 2007 21:19:00 GMT

If you acquire the experience rating and reserve account of another employer through a successorship, you become liable for the benefit charges that are charged against that predecessor employer's account. For more information about the transfer of reserves from one account to another, please visit the Employer Services portion of this website.

I Told This Employee At The Time Of Hire That This Would Be A Temporary Job. Will He Still Be Eligible For Benefits When The Job Is Completed?

Tue, 29 May 2007 21:19:00 GMT

Yes. Even though it was made known at the time of hire that this was a temporary job, as soon as work is not available, he becomes eligible to apply for unemployment compensation and your reserve account becomes liable for charges if he is approved for benefits.

I Work In The Same Job Classification As A Person Of The Opposite Sex, But I Am Paid Less. Is This Legal?

Tue, 29 May 2007 21:19:00 GMT

No employer shall discriminate between employees in the same establishment on the basis of sex by paying one employee more or less than he pays to any employee of the opposite sex for comparable skill, effort and responsibility in which they are performed under similar working conditions. However, nothing prohibits wage deferential based on a seniority system, a merit system, a system, which measures earnings by quality production or any other reasonable deferential which is based on a factor other than sex.

If A Contractor Has Not Paid The Prevailing Wage Rate, What Can Be Done?

Tue, 29 May 2007 21:19:00 GMT

All claims are investigated and if violations are found, the contractor is required to pay the prevailing wage plus any back wages due. The Division of Labor Standards may be contacted by calling 6157412858.

If An Employee Is Still Employed And The Employer Is Not Paying The Employee Correctly And They File A Wage Claim, Can They Be Terminated?

Tue, 29 May 2007 21:19:00 GMT

There is no Tennessee law, which prevents an employer from firing an employee because they file a complaint with our office, unless the complaint was equal pay.

If An Employee Terminates Voluntarily Or Involuntarily, Does The Employer Have To Pay All Wages Due At The Time Of Termination?

Tue, 29 May 2007 21:19:00 GMT

The employer is required to pay all wages or compensation due the terminated employee on the next regular payday following the date of termination or 21 days thereafter, whichever comes last.

If An Employer's Policy Provides A Paid Vacation And The Employee's Employment Is Terminated, Is The Employer Required To Compensate For Any Vacation Time I Have Accrued But Not Used?

Tue, 29 May 2007 21:19:00 GMT

Yes, if employment ceases, depending on the company's policy or agreement, the employer is required to pay any accrued vacation or compensation on the final paycheck.

If I Complain About Equal Pay, Whose Wages Would Be Adjusted?

Tue, 29 May 2007 21:19:00 GMT

An employer who is paying a wage deferential in violation of the act shall not reduce the wages of any employee in order to be in compliance.

If I Have Questions About My Employer Account, Whom Should I Call?

Tue, 29 May 2007 21:19:00 GMT

If you have questions about your employer account you can contact the Employer Accounts Office nearest you or the appropriate unit in the central office. AREA EMPLOYER ACCOUNT OFFICES Memphis
Humboldt
Nashville
Columbia
Chattanooga
Cookeville
Knoxville
Elizabethton
CENTRAL OFFICE
Employer Services
Employer Accounting
Wage Records
Report Audit
Delinquency Control
TollFree Number 18003448337 (Inside Tennessee)

If I Receive An Audit Card Does That Mean The Employee Is Drawing Unemployment?

Tue, 29 May 2007 21:19:00 GMT

No. It means that they drew unemployment for the weeks that are listed on the card. They may or may not be currently drawing at the present. Click here for more information on the benefit cross match audit and instructions for completing the audit card. Information on the benefit cross match audit and instructions for completing the audit card.

If My Business Has Employees Working In Several States, To Which State(S) Should I Report The Employees?

Tue, 29 May 2007 21:19:00 GMT

Each employee's situation may be different. Use the first applicable test of the 4 tests below when determining to which state a particular employee's wages should be reported. If no test applies or you are not sure how to apply the test, contact our Employer Services unit for assistance. TEST (1) The localization of services test Wages are reported and premiums are paid to the state in which the service is performed. This test is applied only if the employee's service is performed entirely within one state or the service is performed both within and outside of one state, but the service performed outside of that one state is incidental to the individual's service within that one state. If this test is not applicable to the particular employee's circumstance, apply TEST (2). TEST (2) The employee base of operations test Wages are reported and premiums are paid to the state in which the employee has his base of operations and has performed some services. If this test is not applicable to the particular employee's circumstance, apply TEST (3). TEST (3) The employer base of operations test Wages are reported and premiums are paid to the state from which the service is directed or controlled if the employee performed some service in that state. If this test is not applicable to the particular employee's circumstance, apply TEST (4) TEST (4) The place of residence test Wages are reported and premiums are paid to the state in which the employee lives if some service is performed in that state.

If My Business Is A Party To A Back Pay Award Is That Award Reportable?

Tue, 29 May 2007 21:19:00 GMT

Yes, In most instances, back pay constitutes wages and is reportable.

If The Employer Refuses Payment Of Wages, What Can The Employee Do?

Tue, 29 May 2007 21:19:00 GMT

Anyone who has a problem collecting wages can file a wage claim with the Tennessee Department of Labor and Workforce Development's Division of Labor Standards. If the circumstances are such that we are unable to help, the complainant is referred to court.

Is An Employer Required By Law To Provide Paid Vacation, Holidays, Severance Pay, Sick Pay Or Health Insurance?

Wed, 28 May 2008 15:18:28 GMT

No. The State of Tennessee does not have a law that regulates fringe benefits. Company policy would be the determining factor. These and similar matters are also determined by an agreement between the employees and the employer, or their authorized representatives.

Isn't My Employer Required To Provide Breaks And A Meal Period?

Tue, 29 May 2007 21:19:00 GMT

State law requires that each employee scheduled to work six (6) consecutive hours must have a thirty (30) minute meal or rest period, except is workplace environments that by their nature of business provides for ample opportunity to rest or take an appropriate break. Neither State nor Federal law requires employers to provide 10 or 15 minute breaks. The failure to give a break is, therefore, is a violation of State law only.

My Child Is 15 And Wants To Work. Where Do I Get A Work Permit?

Tue, 29 May 2007 21:19:00 GMT

The state no longer issues work permits. The minor needs to provide the prospective employer with a copy one of the following documents as proof of age birth certificate, drivers license, state issued ID or copy of their passport.

My Employer Has Just Told Me He Is Going To Cut My Pay. Can He Do This Without My Approval?

Tue, 29 May 2007 21:19:00 GMT

An employee's pay can be cut with or without his approval as long as the employer tells the employee BEFORE any work is done. The employee cannot work without first knowing the amount of wages to be paid. Under Tennessee Wage Regulation Act Title 502101 502108, an employer is prohibited from penalizing an employee or deducting any sum of money as a penalty or fine from the employee's wages. Tennessee Wage Regulation Act Title 502103 requires employers of private employments of 5 or more employees to establish and maintain regular pay periods at least twice monthly. Penalties may be access for violation of this section against those employers for missing a regularly scheduled payroll date and in paying their employees late.

My Employer Has Just Told Me That I Am Going To Be Paid By Direct Deposit. Can He Do This?

Mon, 04 Jun 2007 21:51:22 GMT

Yes, an employer can change the method of payment to direct deposit. However, the choice of the financial institution must be that of the employee.

What About Last Wages Due Deceased Employee?

Tue, 29 May 2007 21:19:00 GMT

Under certain circumstances, Tennessee law allows employers to pay to the surviving spouse or children of a deceased employee the last wages and other benefits due the deceased employee without a court order.

What About Overtime And Minimum Wage, For Salaried Employees?

Tue, 29 May 2007 21:19:00 GMT

Tennessee has no wage laws concerning overtime, minimum wage, or the regulation of salaried employees. The United States Department of Labor's Wage and Hour Division enforces the Fair Labor Standards Act regulating minimum wage, overtime and salaried employees.

What Are Taxable Wages?

Tue, 29 May 2007 21:19:00 GMT

Taxable Wages: For Tennessee unemployment insurance purposes, "taxable wages" are defined as the first $7,000 paid to each employee in a calendar year.

What Are Unauthorized Deductions From A Paycheck?

Tue, 29 May 2007 21:19:00 GMT

Under Tennessee laws deductions can only be taken out of pay if the employee has authorized it either written or verbally. And if the employer tells the employee prior to hiring that deductions will be made for uniforms, etc. as a condition of employment.

What If I Have Questions Concerning A Pension Or 401(K) Plan?

Tue, 29 May 2007 21:19:00 GMT

Questions concerning an employee's failure to be able to collect their pension or money from a 401(k) plan should be directed to the PWBA section of the United States Department of Labor's web site.

What Is A Reimbursing Employer (Not-For-Profit And Government Entities)?

Tue, 29 May 2007 21:19:00 GMT

Reimbursing employers are employers who are required to reimburse the department dollar for dollar for their proportionate share of benefits paid to a former employee. Governmental and nonprofit employers (employers qualifying under Section 501(c)(3) of Internal Revenue Code) have the option of electing to become reimbursing employers rather than premium paying employers.

What Is A Successor Or Same Party Of Interest Successor?

Tue, 29 May 2007 21:19:00 GMT

A successor is an employer who either acquires all of the organization, trade, business, or substantially all the assets of another employer or employers, or acquires a distinct, severable, identifiable, and segregable portion of the business of another employer or employers and continues that portion of the business. A predecessor is an employer whose business or portion of the business was acquired by a successor. A successor that is either directly or indirectly controlled by legally enforceable means, or otherwise, by an individual, type of organization, or an employing unit having a commonality of beneficial interest or interests as those of the predecessor shall be considered a "same party(ies) of interest" successor. A "same party(ies) of interest" successor acquires the experience rating factors and the liability for current or delinquent unpaid premiums, interest, penalties, and other remaining liabilities of the predecessor. A successor shall be considered the "same party(ies) of interest" as the predecessor, unless shown otherwise, when the successor is a relative by blood or marriage of the predecessor and whenever the successor is a corporation in which a relative of the predecessor has at least a 10 percent ownership interest.

What Is Magnetic Media Reporting?

Tue, 29 May 2007 21:19:00 GMT

Magnetic media reporting is the filing of individual employee wage information on magnetic tape (cartridge or reel), 3.5" diskette, or electronic filing by modem. Tennessee Employment Security Law requires Tennessee employers or their agents reporting more than 250 employees to submit quarterly wage information on magnetic media. Click on "Magnetic media reporting" above to access specifications for each type.

What Is Pregnancy Discrimination?

Tue, 29 May 2007 21:19:00 GMT

Tennessee also has a specific pregnancy discrimination that prohibits an employer from discriminating against a pregnant employee. These complaints should be forwarded to TCHR or EEOC.

What Is The Age A Child Can Go To Work? Are There Any Restrictions?

Tue, 29 May 2007 21:19:00 GMT

In Tennessee, a minor must be 14 years of age before they can work. Some of the restrictions for 14 and 15yearold minors are: WHEN SCHOOL IS IN SESSION:

Can work no more than 3 hours per day
Can work no more than 18 hours a week
Can work no later than 7:00 p.m. WHEN SCHOOL IS NOT IN SESSION:

Can work no more than 8 hours a day
Can work no more than 40 hours per week
Can work no later than 9:00 p.m.

What Is The Americans With Disabilities Act - Ada?

Tue, 29 May 2007 21:19:00 GMT

Applicants for employment or employees having disabilities may be protected against employment discrimination by the Americans with Disabilities Act, or ADA.

What Is The Definition Of Wages?

Tue, 29 May 2007 21:19:00 GMT

All remuneration paid for personal services from whatever source is considered to be "wages" for unemployment insurance purposes. Examples of such remuneration, or compensation, are salaries, commissions, bonuses, drawing accounts, fees, certain gifts, deferred compensation, employee contributions to a cafeteria plan, employeereported tips, allocated tips and vacation pay. Payments made to employees in a medium other than cash are also considered to be "wages", except for meals, lodging, and clothing when furnished for the employer's convenience and on the employer's premises.

What Is The Family And Medical Leave Act Fmla?

Tue, 29 May 2007 21:19:00 GMT

Under the Family and Medical Leave Act, or FMLA, employers having 50 or more employees must grant medical leave to some employees in certain circumstances without the threat of the loss of their job. Questions concerning the enforcement of FMLA matters should be directed to the FMLA section of the United States Department of Labor's Web site.

What Is The Law Concerning Payment Of Final Paychecks To Employees?

Tue, 29 May 2007 21:19:00 GMT

Tennessee employees who are laid off, fired, or who quit must be paid their wages in full at the next regular payday, not to exceed 21 days from the date of their discharge or termination. Wages include vacation time earned by the employee. Claims against an employer for late payment may be filed with the Labor Standards Division. The Tennessee Department of Labor and Workforce Development has the authority to enforce this law.

When An Employee/Applicant Is Drug Tested, Is The Employer Required To Utilize A Medical Review Officer (Mro)?

Mon, 04 Jun 2007 21:51:22 GMT

Yes. As defined in the Rules and Guidelines, "Medical Review Officer" or "MRO" means a licensed physician, employed with or contracted with a covered employer, who has knowledge of substance abuse disorders, laboratory testing procedures and chain of custody collection procedures; who verifies positive, confirmed test results; and who has the necessary medical training to interpret and evaluate an employee's positive test result in relation to the employee's medical history or any other relevant biomedical information. The MRO should be used to review all positive tests with the employee or applicant before the employer is advised of the test results. Using an MRO provides the employer with a medically qualified interpretation of a positive test result, which would be defensible in a court of law. The MRO helps to protect both the employer and the employee.

When Are My Quarterly Reports Due?

Tue, 29 May 2007 21:19:00 GMT

Employers are required to report payroll and pay the total unemployment insurance premiums due for each quarter by the end of the month following the end of the quarter (i.e. Apr. 30, Jul. 31, Oct. 31, and Jan. 31).

Who Are Employees?

Tue, 29 May 2007 21:19:00 GMT

Determining whether or not someone is an employee is a matter of law. A few examples of employees are: Corporate officers (including Subchapter S Corporations) Individuals who, under the usual commonlaw rules applicable in determining the employer/employee relationship, has the status of an employee Employees on whose earnings employers are required to pay Federal Unemployment Tax (FUTA) Certain agricultural workers
Certain domestic workers Individuals who are considered to be employees are described in Tennessee Code Annotated (Section 507207(b)). Individuals who are not considered to be employees are described in Tennessee Code Annotated (Section 507207(c))". Click on one of the above law references to find out who is and who is not an employee.

Who Determines How Many Hours A Part-Time Employee May Work And How Long May An Employee Be Consider Part-Time?

Tue, 29 May 2007 21:19:00 GMT

The employer sets the number of hours and makes the decision when the employee becomes a permanent employee.

Who Enforces State Labor Laws?

Tue, 29 May 2007 21:19:00 GMT

The Tennessee Department of Labor and Workforce Development, Labor Standards Division, has jurisdiction to enforce the Following State Labor Laws:

Child Labor Laws Title 505101
Wage Regulation Act Title 502101
Prevailing Wage Act Title 124101
Licensing of Employee Assistance Professionals Title 6242101

Only questions that arise in each of the above areas should be directed to the Labor Standards Division. All other questions should be directed to the proper agency (see previous sections) or to an attorney or a labor, employment, or human resources consultant.

Who Is Liable For Unemployment Insurance Premiums?

Tue, 29 May 2007 21:19:00 GMT

As an employer, you become liable or "covered" under Tennessee Employment Security Law if you meet any one of the following conditions based on the type and nature of your business: Conditions Exclusive to Regular Business Employers: You have a total payroll of $1,500.00 or more in any calendar quarter of the current or preceding calendar year; or You employ one or more persons during some part of a day in each of 20 weeks in the current or preceding calendar year. The weeks do not need to be consecutive, and both fulltime and parttime workers are counted. Conditions Exclusive to Agricultural Employers: You pay $20,000 or more in wages in any calendar quarter; or You employ 10 or more persons for some part of a day in each of 20 weeks in the current or preceding calendar year. The weeks do not need to be consecutive, and both fulltime and parttime workers are counted. Conditions exclusive to Domestic Employers : You pay as much as $1,000 in cash wages in any calendar quarter in the current or preceding calendar year. Conditions exclusive to Nonprofit Employers : You employ four or more persons for some part of a day in each of 20 weeks in the current or preceding calendar year and you are exempt under Section 501(c)(3) of the Internal Revenue Code. The weeks do not need to be consecutive. Both fulltime and parttime workers are counted, and officers of a nonprofit corporation are counted even if such officers do not receive remuneration for services from the nonprofit corporation. Conditions exclusive to Government Employers : The employer is a state or local government unit or political subdivision. General Conditions Under Which Any Employer Will Be Liable For Unemployment Insurance Premiums: You are liable under the Federal Unemployment Tax Act (FUTA) and had at least one employee in Tennessee, regardless of the number of weeks employed; or You are a "successor" to all or part of the business of an employer already covered or you are a "same party(ies) of interest" to all or part of the business of an employer already covered.

Who Sets The Prevailing Wage Rates?

Tue, 29 May 2007 21:19:00 GMT

The Prevailing Wage Commission sets the rates on highway projects every year and on building projects every other year. Both are based on a survey of each industry.

Will Tdlwd Provide Me With Legal Representation Or Advice?

Tue, 29 May 2007 21:19:00 GMT

The TDLWD Legal Division provides legal services to TDLWD and its offices and employees only. The Legal Division does not offer legal representation, legal opinions or legal advice to the general public. It is recommended those individuals seeking personal counsel request the assistance of a private attorney or Legal Services Corporation.

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What Is The Whistleblowers Law?

What Is The Whistleblowers Law?

A Former Employee Has Quit My Employment. When Someone Voluntarily Quits Do I Have Any Liability For Benefit Charges?

Are Breaks Required For Minors Under Age 18:

Are There Any Legal Restrictions Against Firing, Suspending Or Disciplining Employees?

Are There Exceptions To The Tennessee Employment At Will Law?

Are These Restrictions The Same For 16 And 17 Year Olds?

As An Employer Must I Provide A Former Or Current Employee With A Copy Of My Employment Personnel Files?

Can An Employee Be Discharged While Out Sick Even Though They Provide A Doctor's Statement?

Can An Employer Terminate An Employee For A Claim On Equal Pay?

Can I Inquire As To Whether Someone Is Drawing Unemployment Benefits?

Can My Employer Hold My Paycheck Until I Return My Uniform, Etc.?

Can My Employer Withhold The Cost Of My Uniform, Equipment, Company Loans, Shortages And Negligence, Etc. From My Paycheck?

Can One Work And Collect Benefits?

Can Someone Work And Draw Unemployment Benefits?

Could There Be Legal Challenges?

Does Tdlwd Provide Advice On Garnishments, Tax Levies, Or Other Similar Withholdings From Pay?

Does Tennessee Require Labor Laws To Be Posted?

Does The Department Of Labor And Workforce Development Make On-Site Inspections?

How Accurate Are The Drug Testing Methods That I Will Be Required To Use?

How Can I Report Someone Who Is Working And Drawing Unemployment Benefits?

How Do I File A Claim For Discriminatory Practices?

How Do I Terminate/Cancel My Account?

How Do My Premiums Paid To Tennessee Affect My Federal Unemployment Tax (Futa)?

How Does My Business File Quarterly Reports?

How Does My Business Register As A New Employer?

How Is My Employer Account Charged For Benefits Paid To My Former Employees?

How Is My Premium Rate Determined?

How Often Must My Employer Pay Me?

I Am Considering Discharging One Of My Employees. What Information Will I Need To Provide To The Unemployment Office If This Employee Files A Claim For Benefits?

I Am Working On A State-Funded Prevailing Wage Project? I Am Performing The Duties Of A Carpenter But Not Being Paid The Correct Wages. Can You Help Me?

I Have A Probationary Employee That Is Not Working Out. If I Discharge Him, Will He Be Eligible For Unemployment ?

I Hired An Individual To Fill-In For Someone. When I No Longer Have Work For The Temporary Employee, Will I Be Charged If He Files For Unemployment Compensation?

I Never Employed This Individual, So How Can I Be Charged?

I Told This Employee At The Time Of Hire That This Would Be A Temporary Job. Will He Still Be Eligible For Benefits When The Job Is Completed?

I Work In The Same Job Classification As A Person Of The Opposite Sex, But I Am Paid Less. Is This Legal?

If A Contractor Has Not Paid The Prevailing Wage Rate, What Can Be Done?

If An Employee Is Still Employed And The Employer Is Not Paying The Employee Correctly And They File A Wage Claim, Can They Be Terminated?

If An Employee Terminates Voluntarily Or Involuntarily, Does The Employer Have To Pay All Wages Due At The Time Of Termination?

If An Employer's Policy Provides A Paid Vacation And The Employee's Employment Is Terminated, Is The Employer Required To Compensate For Any Vacation Time I Have Accrued But Not Used?

If I Complain About Equal Pay, Whose Wages Would Be Adjusted?

If I Have Questions About My Employer Account, Whom Should I Call?

If I Receive An Audit Card Does That Mean The Employee Is Drawing Unemployment?

If My Business Has Employees Working In Several States, To Which State(S) Should I Report The Employees?

If My Business Is A Party To A Back Pay Award Is That Award Reportable?

If The Employer Refuses Payment Of Wages, What Can The Employee Do?

Is An Employer Required By Law To Provide Paid Vacation, Holidays, Severance Pay, Sick Pay Or Health Insurance?

Isn't My Employer Required To Provide Breaks And A Meal Period?

My Child Is 15 And Wants To Work. Where Do I Get A Work Permit?

My Employer Has Just Told Me He Is Going To Cut My Pay. Can He Do This Without My Approval?

My Employer Has Just Told Me That I Am Going To Be Paid By Direct Deposit. Can He Do This?

What About Last Wages Due Deceased Employee?

What About Overtime And Minimum Wage, For Salaried Employees?

What Are Taxable Wages?

What Are Unauthorized Deductions From A Paycheck?

What If I Have Questions Concerning A Pension Or 401(K) Plan?

What Is A Reimbursing Employer (Not-For-Profit And Government Entities)?

What Is A Successor Or Same Party Of Interest Successor?

What Is Magnetic Media Reporting?

What Is Pregnancy Discrimination?

What Is The Age A Child Can Go To Work? Are There Any Restrictions?

What Is The Americans With Disabilities Act - Ada?

What Is The Definition Of Wages?

What Is The Family And Medical Leave Act  Fmla?

What Is The Law Concerning Payment Of Final Paychecks To Employees?

When An Employee/Applicant Is Drug Tested, Is The Employer Required To Utilize A Medical Review Officer (Mro)?

When Are My Quarterly Reports Due?

Who Are Employees?

Who Determines How Many Hours A Part-Time Employee May Work And How Long May An Employee Be Consider Part-Time?

Who Enforces State Labor Laws?

Who Is Liable For Unemployment Insurance Premiums?

Who Sets The Prevailing Wage Rates?

Will Tdlwd Provide Me With Legal Representation Or Advice?

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What Is The Family And Medical Leave Act Fmla?