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Tennessee Hiring: What you need to know

The Tennessee Human Rights Act prohibits hiring practices that discriminate on the basis of race, creed, color, religion, sex, age, or national origin, unless the characteristic is a bona fide occupational qualification (BFOQ). The Act applies to all public employers and to private employers with eight or more employees (TN Code Sec. 4-21-101 et seq.). A separate law prohibits discrimination on the basis of mental or physical disability (TN Code Sec. 8-50-103 et seq.).
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Under the Tennessee Lawful Employment Act, private employers with six or more employees must verify the work authorization of new hires (TN Code Sec. 50-1-701et seq.). Employers must request and maintain a copy of an approved identification document. The law does not require employers to use the federal E-Verify program, but it does provide a safe harbor for employers that do. All employers with six or more employees must comply.
Tennessee's new hire reporting law requires that all employers report the name, address, Social Security number, and date of hire of each new employee to the state within 20 days of the date of hire (defined as the first day that services are performed for wages). Employers must also report the rehire of any employee who was previously laid off, furloughed, terminated, or placed on leave without pay. Failure to report as required can result in the assessment of fines against the employer (TN Code Sec. 36-5-1101 et seq.).
Details on reporting requirements and filing instructions are available on the website of the Tennessee New Hire Reporting Program at https://newhire-reporting.com/TN-Newhire/default.aspx.
Last reviewed May 2016.

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Claim Your Free Copy of Top 100 FLSA Overtime Q&As

We’ve compiled a list of the 100 most commonly asked questions we have received on the federal Fair Labor Standards Act (FLSA) overtime regulations.
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This report, "Top 100 FLSA Q&As", is designed to provide you with an examination of the federal FLSA overtime regulations in Q&A format, including valuable tips for bringing your workplace into compliance in an affordable manner.

At the end of the report, you will find a list of state resources on wage and hour issues. This report includes practical advice on topics such as:
  • FLSA Coverage: How FLSA regulations apply to all employers and any specific exemptions from the overtime requirements
  • Salary Level: Qualifying for exemptions and nonexempt employees
  • Deductions from Pay: Deducting for violations, disciplinary reasons, sick leave, or personal leave

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