Tennessee Three: Breaking Law, Breaking Free

The Tennessee Three were likely in violation of the state's Wage Regulations Act, which protects wage earners from unfair practices regarding pay. This includes regulations on paydays, final paychecks, breaks and meal periods, paid vacations and holidays, and sex discrimination. Under this law, employers are required to not discriminate between employees on the basis of sex by paying one employee more or less than another employee of the opposite sex for comparable work. The Tennessee Three were three women who were paid less than their male colleagues, despite performing the same job.

Tennessee's Child Labor Act

The Tennessee Child Labor Act prohibits the employment of minors in certain occupations and working conditions that may be hazardous. It restricts the number of hours minors can work during a school day and the number of hours they are allowed to work in total per week. For 14 and 15-year-olds, during the school term, they may work no more than 3 hours per day, between 7:00 a.m. and 7:00 p.m., and no more than 18 hours per week. When school is not in session, they may work no more than 8 hours per day, between 6:00 a.m. and 9:00 p.m., and no more than 40 hours per week. For 16 and 17-year-olds, they may not be employed during the hours they are required to attend class or between 10:00 p.m. and 6:00 a.m. on a school day.

There are exceptions to these rules when the minor is enrolled in a Work-Based Learning (WBL) Program. Additionally, if there is a valid Parental Consent Form signed and kept in the minor employee's file, then a 16 or 17-year-old may work until midnight but no more than three nights per week, Sunday through Thursday.

Wage Regulations Act

The Tennessee Wage Regulations Act protects wage earners from unfair pay practices. This includes regulations on payday, final paychecks, breaks and meal periods, paid vacations and holidays, and sex discrimination.

Tennessee law requires employers to provide a thirty-minute unpaid meal or rest period for every six consecutive hours worked. This does not apply to workplaces where the nature of the business provides ample opportunity to rest or take an appropriate break, such as the food and beverage industry or security guards. The failure to provide a thirty-minute meal or rest period is a violation of state law. There are no state requirements for additional breaks.

Fringe benefits, such as paid time off, vacation or sick pay, holiday pay, severance pay, and health insurance, are determined by the employer. There is no Tennessee law that regulates fringe benefits, and company policy is the determining factor. If an employer's policy provides fringe benefits, they are not required to compensate employees for any accrued but unused benefits upon separation from employment unless their policy or labour agreement specifically requires this.

Tennessee employers must pay employees at least once a month. For monthly payments, wages earned before the first day of the month must be paid by the 20th of the following month. For employers that pay two or more times a month, wages earned before the first of the month must be paid by the 20th of the month following, and wages earned before the 16th of the month must be paid by the 5th of the following month.

Employers in Tennessee can reduce an employee's pay as long as they notify the employee before any work is done. However, an employer who is paying a wage differential based on sex in violation of the act cannot reduce the wages of the complainant. In this case, the complainant's wages will be increased to achieve statutory compliance.

Tennessee employers must set regular paydays and post at least two notices in the workplace advising employees of their regular paydays.

Tennessee Lawful Employment Act

The Tennessee Lawful Employment Act (TLE or TLEA) was signed into law on June 7, 2011. The Act requires all employers in Tennessee to demonstrate that they are hiring and maintaining a legal workforce. This can be done by either enrolling and verifying the employment eligibility of all newly-hired employees through the federal E-Verify program or by requesting that all newly-hired employees provide identity and employment I-9 authorization documents.

Valid documents under the Tennessee Lawful Employment Act include:

• A valid Tennessee driver’s license or photo identification
• A valid driver's license or photo identification from another state with license requirements that are at least as strict as those in Tennessee
• A birth certificate issued by a U.S. state, jurisdiction, or territory
• A U.S. government-issued certified birth certificate
• A valid, unexpired U.S. passport
• A U.S. certificate of birth abroad (DS-1350 or FS-545)
• A report of birth abroad of a U.S. citizen (FS-240)
• A certificate of citizenship (N560 or N561)
• A certificate of naturalization (N550, N570, or N578)
• A U.S. citizen identification card (I-97 or I-179)
• A valid alien registration document
• Other proof of employee’s immigration status and authorization to work in the U.S. recognized by the Department of Homeland Security

The TLEA covers not only employees but also "non-employees," defined as individuals who, while not employed directly, are paid directly by the employer for labor or services. Companies in Tennessee are required to request and maintain copies of certain identity and work authorization documents for non-employees, unless an exception applies (e.g., if workers are employed by a separate company).

The TLEA sets out penalties for violations:

• First-time offenders with knowing violations are subject to a $500 company penalty, plus a $500 fine for each employee and non-employee the company failed to verify.
• For repeat offenders, the penalties may rise to a $2,500 company fine plus an additional $2,500 for each employee.
• There is also a $500 penalty for failing to enroll in E-Verify and a $500/day penalty for failing to timely produce evidence of compliance within 45 days of a final order of violation.

Non-Smoker Protection Act

In 2007, Tennessee, known for its tobacco industry, passed the Non-Smoker Protection Act, which banned smoking in public places, including municipal workplaces. The Act recognised smoking in public places as a public health issue.

The law required public and private employers to comply with the ban by 1 October 2007. The Act added a new Part 18 to T.C.A. Title 39, Chapter 17, banning smoking in all enclosed public places in Tennessee, including places of employment.

The law defines a "place of employment" as:

> An enclosed area under the control of a public or private employer that employees normally frequent during the course of employment, including, but not limited to, work areas, private offices, employee lounges, restrooms, conference rooms, meeting rooms, classrooms, employee cafeterias, hallways, and vehicles. A private residence is not a "place of employment" unless it is used as a child care, adult day care, or health care facility.

The Act also defines a "public place" as:

> An enclosed area to which the public is invited and provides that smoking in the following public places is prohibited: aquariums, galleries, libraries, and museums; areas available to and customarily used by the general public in businesses and nonprofit entities patronized by the public; child care and adult day care facilities; convention facilities; educational facilities; health care facilities; lobbies, hallways, and other common areas in apartment buildings; public and private transportation facilities; restrooms; lobbies; reception areas; hallways; and other common-use areas; rooms, chambers, places of meeting or public assembly; sports arenas; and theatres and other facilities primarily used for exhibiting motion pictures, stage dramas, lectures, musical recitals, or other similar performances.

The law contains several exceptions, including private residences (except when used as a licensed childcare facility), commercial vehicles when no one else is present, hotel and motel smoking rooms, retail tobacco stores, non-enclosed areas of public spaces, and private vehicles (except when used for public transportation or by a healthcare facility).

The Act is enforced by the Tennessee Department of Health or the Tennessee Department of Labor and Workforce Development. People smoking in violation of the ban are subject to a $50 civil penalty. Owners or managers of public places who violate the ban will receive a written warning for the first violation, a $100 civil penalty for a second violation, and a $500 civil penalty for a third or subsequent violation within a 12-month period.

Tennessee Human Rights Act

In the state of Tennessee, the Tennessee Human Rights Act (THRA) is the governing law for harassment, overseen by the Tennessee Human Rights Commission. The THRA prohibits discrimination related to employment, housing, and public accommodations.

Under the THRA, it is deemed a discriminatory practice for an employer to fail to hire or discharge any person, or to discriminate against an individual with respect to compensation, terms, conditions, or privileges of employment because of an individual's race, creed, colour, religion, sex, age, or national origin. The THRA also prohibits limiting, segregating, or classifying an employee or applicants for employment in any way that would deprive an individual of employment opportunities or adversely affect their status because of their race, creed, colour, religion, sex, age, or national origin.

The THRA does not apply to the employment of an individual by their parent, spouse, or child, or to employment in domestic service. Additionally, it is not considered a discriminatory practice for an employer to institute an English-only policy in the workplace if there is a legitimate business necessity for it, such as for the safe and efficient operation of the business. In such cases, the employer must provide notice to employees of the policy and the consequences of violating it.

The THRA also includes protections for employees who are volunteer rescue squad workers. Employers cannot terminate such employees for being absent or late due to responding to an emergency. Employers may charge the time lost from work against the employee's regular pay and may request a written statement from the supervisor of the volunteer rescue squad worker. Employees who are absent or late due to responding to an emergency must make a reasonable effort to notify their employer. If an employee is terminated in violation of this section, they may bring a civil action against the employer and seek reinstatement to their former position, payment of back wages, reinstatement of fringe benefits, and reinstatement of seniority rights, if applicable.

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