PDF Department of Labor & Workforce Development

Tennessee Department of Labor & Workforce Development

Workplace Regulations & Compliance (WRC) Division - Labor Standards Unit

Education & Training Seminar Kim Y. Jefferson, Administrator

Department of Labor & Workforce Development

WRC Division - Labor Standards Unit

Who Are We? What Do We Do? Why? When Do We Perform On-Site

Inspections? Other inspections? How Can Employers Become

Compliant with the Law?

4/7/2016

Disclaimer:

The information contained in this document is intended for training purposes. In the event that you find a discrepancy, please contact the Labor Standards Unit for further explanation. For your convenience, contact numbers are listed on the last page of the document.

Jurisdiction

Tennessee Lawful Employment Act Tennessee Wage Regulations Act Tennessee Child Labor Act Tennessee Non-Smoker Protection Act Tennessee Illegal Alien Act Tennessee Prevailing Wage Act

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No Jurisdiction

Minimum Wage/Overtime FMLA/ERISA Discrimination Harassment Wrongful Termination Tips/Commissions/Hourly Pay/Salary Contractors/Subcontractors Exempt/Nonexempt Status Interstate Commerce Questions

Tennessee Lawful Employment Act (cont'd)

A Valid, Unexpired U.S. Passport A U.S. Certificate of Birth Abroad

(DS-1350 or FS-545) A Report of Birth Abroad Of 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-197 or I-179)

4/7/2016

Today's Agenda

Tennessee Lawful Employment Act Tennessee Wage Regulations Act

Tennessee Lawful Employment Act (cont'd)

Valid Alien Registration Documentation or other proof of current Immigration Registration recognized by the U.S. Department of Homeland Security that contains the individual's complete legal name and current alien admission number or alien file number

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Inspection Process

The Labor Standards Unit currently has ten (10) inspector's positions (3 positions in Middle TN, 4 positions in East TN and 3 positions in West TN).

Inspectors perform unannounced on-site visits, show credentials, explain the law, and educate employers & the general public.

During the investigation, inspectors request proof that employees are lawfully authorized to work.

4/7/2016

Inspection Process

If the employer provides sufficient proof of compliance during the on-site visit and meets all statutory compliance requirements, then inspectors send an inspection report to the Nashville Office that indicates the employer was compliant at all relevant times.

If the employer does not provide sufficient proof during the on-site visit, then inspectors provide a request for information letter with a 15 calendar day deadline to prove compliance at all relevant times.

Inspection Process

If the employer does not provide sufficient proof within 15 calendar days, the inspector will send a final notice letter to the employer with a 7 calendar day deadline to prove compliance at all relevant times.

If the employer is uncooperative or fails to sufficiently respond to 15/7 calendar day requests, an investigation report is sent to the Nashville Office for review.

Administrative Process

If the employer is uncooperative or fails to respond to multiple requests (onsite visit, 15/7 day response deadlines), the investigation file is sent to the Nashville Office for handling.

The Nashville Office prepares/sends a certified letter to the employer addressing noncompliance.

The certified letter includes legal requirements, the noncompliance period and explains steps necessary for the employer to become compliant with the law.

A response to the certified letter is due within 30 days from the receipt of the certified letter.

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Administrative Process

If the employer timely responds to the certified letter, statutory compliance is achieved, it is a first violation and it was an unknowing violation, then the employer receives a warning.

If the employer does not provide sufficient proof to show compliance at all relevant times, then an Initial Order Assessing Penalty is issued.

4/7/2016

Administrative Process

If an Order Assessing Penalty is issued, the employer must respond within 60 days of receipt and meet statutory compliance guidelines.

If an employer contests the penalty, they have 30 days from receipt of Order Assessing Penalty to send a written request a contested case hearing.

An employer has a right to a contested case hearing. If he so chooses, a hearing will be scheduled and heard by a neutral and detached party that will conduct a fair and impartial hearing.

Administrative Process

If the employer timely responds and meets statutory compliance guidelines, it is the first violation and it is an unknowing violation, then a warning is issued.

If the employer does not meet statutory compliance guidelines, it is a first, second or subsequent violation, it is a knowing violation, then a penalty is due.

If compliance is not timely achieved, a final order is issued, the employer's name is listed on the department's website as noncompliant, and the company's business license may be suspended pursuant to the law.

Penalties

Knowing Violation: Five hundred dollars ($500) for a first

violation; One thousand dollars ($1 ,000) for a second

violation; or Two thousand five hundred dollars ($2,500)

for a third or subsequent violation.

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Additional Penalties

Five hundred dollars ($500) for each employee or non-employee not verified (first violation);

One thousand dollars ($1 ,000) for each employee or non-employee not verified (second violation); or

Two thousand five hundred dollars ($2,500) for each employee or non-employee not verified (third or subsequent violation)

4/7/2016

Tennessee Lawful Employment Act

Tennessee Employers Without Internet Access May Receive Free Assistance From the TDLWD With The E-Verify Program Please Contact The Labor Standards Unit Toll-Free At 1-855-TNEBILL (1-855-863-2455) or (615) 741-2247

Tennessee Employers seeking help with E-Verify will be asked to enter into agreements with the TDLWD & Dept. of Homeland Security.

Tennessee Lawful Employment Act

For A Complete Copy Of The T.L.E.A. Public Chapter No. 436 Please Visit:



For Additional Information And Guidelines Concerning The T.L.E.A. Please Visit:



Tennessee Wage Regulations Act

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Tennessee Wage Regulations Act

Covers private employers with 5 or more employees

Employees must be informed of the amount they will be paid for their services PRIOR to performing the work (Promised Wage)

Commonly Asked Questions

4/7/2016

No Jurisdiction

Minimum Wage/Overtime - USDOL FMLA/ERISA - USDOL Discrimination ? TN Human Rights Commission & EEOC Harassment - TN Human Rights Commission & EEOC Wrongful Termination ? Private Attorney Tips/Commission ? USDOL Contractors/Subcontractors - USDOL Hourly Pay/Salary/Exempt/Nonexempt Status -USDOL Interstate Commerce Questions - USDOL

Can My Employer Terminate Me for No Cause?

TN Law allows either the Employer or Employee to terminate the work relationship at any time without prior notice.

Tennessee is an "Employment at Will" state. An employer can suspend or terminate an employee for cause or for no cause at all unless termination is based on discrimination (i.e. race, color, religion, national origin, sex, disability, and age.

Termination decisions may not be based on factors which violate current discrimination laws.

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