Doing Business in Tennessee

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As employees are increasingly returning to the office, a new amendment to existing Tennessee law regarding vaccination further complicates the landscape for employers concerning COVID-19 vaccine mandates.  See the full text of the amendment here.

Chapter 2 of Title 14 of the Tennessee Code, passed in November 2021 by the Tennessee Legislature, prohibits a private business, governmental entity, school, or local education agency from compelling or otherwise taking “adverse action” against a person to compel proof of having received a COVID-19 vaccination if the person objects to being vaccinated “for any reason.”  See TCA 14-2-102(a).  In other words, a private business in Tennessee cannot take adverse action against a person based on their vaccination status.  As you may recall, Title 14 provided private businesses with an opportunity to request an exemption from this blanket restriction on their ability to require proof of vaccination by requesting the comptroller exclude the entity from the purview of this law.Continue Reading New Amendment to the Tennessee COVID-19 Bill Provides Medical and Religious Exemptions to Certain Tennessee Employees Subject to Mandatory Vaccination Policies

On January 7, the Supreme Court heard an oral argument regarding the applications for an emergency stay of the Occupational Safety and Health Administration (OSHA) COVID-19 Vaccination and Testing Emergency Temporary Standard (ETS) as well as the regulations issued by the Centers for Medicare & Medicaid Services. As we recently reported here, pending a ruling to the contrary by the Supreme Court, the ETS is currently in effect in the 29 states operating without a state-run OSHA Plan.
Continue Reading TOSHA Will Delay Vaccine Enforcement and Await Supreme Court Ruling

Tennessee recently enacted a minimal expansion of its medical marijuana law.  The law took effect May 27, 2021, and it slightly enlarges the medical conditions for which persons may possess a very limited amount of tetrahydrocannabinol (THC).  Previously, Tennessee law allowed only those diagnosed with intractable seizures or epilepsy to possess a limited amount of medical cannabis oil.  The law also creates a commission to study the possibility of future medical marijuana legalization.

The new measure allows individuals who have the following medical conditions to possess CBD oil containing less than 0.9% of THC:

  • Alzheimer’s disease.
  • Amyotrophic lateral sclerosis (ALS).
  • Cancer, when such disease is diagnosed as end-stage or the treatment produces related wasting illness, nausea and vomiting, or pain.
  • Inflammatory bowel disease, including Crohn’s disease and ulcerative colitis.
  • Epilepsy or seizures.
  • Multiple sclerosis.
  • Parkinson’s disease.
  • Human immunodeficiency virus (HIV) or acquired immunodeficiency syndrome (AIDS).
  • Sickle cell disease.

Continue Reading Tennessee Expands (Minimally) Medical Marijuana Law and Establishes Cannabis Commission

Effective July 1, 2021, Tennessee’s Constitution Carry law allows individuals over the age of 21 (or military members between ages 18 to 20) to carry a firearm, both concealed and open, with or without a carry permit.  However, this new law does not impact a private Tennessee business’ right to prohibit the possession of weapons…

Please note that this blog post was updated on July 16, 2021 with information about the bill being deferred.

Update: New Bathroom Requirement for Tennessee Businesses Deferred

The United States District Court for the Middle District of Tennessee has temporarily enjoined the recently enacted legislation requiring all Tennessee public and private businesses to post a notice to the extent it has a formal or informal policy allowing a member of either biological sex to use any public restroom within the facility.

This preliminary injunction was issued on July 9, 2021 as the result of a lawsuit filed by the American Civil Liberties Union Foundation of Tennessee on June 25, 2021 requesting both preliminary and permanent injunctive relief against enforcement of the law on the grounds that it violates the First Amendment of the United States Constitution.

For now, and until further proceedings in this matter, the notice posting law that was previously effective July 1, 2021 will not apply to employers in Tennessee.Continue Reading New Bathroom Requirement for Tennessee Businesses Effective July 1, 2021

Can an employer be held liable for sexual misconduct at a private party that takes place after an employer-sponsored holiday party?  A recent Tennessee Court of Appeals case appears to say “yes” and thereby presents a new concern for employers considering employer-sponsored events.

In Phelps v. State, an employee sued her employer, the State of Tennessee, for sexual harassment and retaliation claims under the Tennessee Human Rights Act (THRA).  The instances of alleged sexual harassment included serious sexual misconduct (including a sexual assault) at an after-party following a State-sponsored Halloween party.  The court ruled that the State could be liable for these “after-party” events, even though they took place after hours and away from the place of employment.

Background

Continue Reading Halloween Party Turns Scary for State in New Court Decision: Appellate Court Says Employer May Be Held Liable for Off-Duty, Off-Premises Sexual Harassment Claims

On October 1, Tennessee will join a growing list of states providing additional protections to pregnant employees as the Tennessee Pregnant Workers Fairness Act (Act) takes effect. Covered employers include those with 15 or more employees. Under the Act, it is unlawful for an employer to refuse to make reasonable accommodations for medical needs arising from pregnancy, childbirth or other related medical conditions unless doing so would impose an undue hardship on the employer. This includes requiring employees to take leave under a leave law or employer policy if another reasonable accommodation can be provided. The Act also prevents an employer from taking any other adverse actions against an employee in the terms, conditions, or privileges of an employee’s employment if the individual requests or uses a reasonable accommodation due to pregnancy, childbirth, or related medical conditions, such as counting pregnancy-related absences under a no fault attendance policy.
Continue Reading Tennessee Pregnant Workers Fairness Act

On Sunday, March 22, Nashville Mayor John Cooper announced the “Safer at Home Order,” issued by the Medical Director pursuant to the Metro Public Health Department’s declaration of a Health Emergency. This order closes non-essential businesses and encourages residents throughout Davidson County (Tennessee) to stay home when possible and avoid gathering in groups of more than 10 people for non-essential purposes. The Order does not restrict or limit any employer’s right to ask employees to work from home.

Until further notice, all businesses not performing essential services have been ordered closed for 14 days beginning at 12:01 a.m. Monday, March 23.Continue Reading Nashville Mayor John Cooper Announces Safer at Home Order

Bass, Berry & Sims attorneys Bob Horton and Kimberly Veirs contributed an article for Practical Law on Tennessee laws related to the mutual agreements to arbitrate employment-related disputes. The article outlines key differences between federal and Tennessee arbitration law and cites several cases interpreting these statutes. Bob and Kimberly also provided sample language for a Tennessee-specific agreement to arbitrate employment-related claims that can be used by employers with employees in Tennessee.
Continue Reading Mutual Agreement to Arbitrate Employment-Related Disputes (TN)

Bass, Berry & Sims attorneys Bob Horton and Kimberly Veirs contributed an article for Practical Law on Tennessee laws related to the mandatory arbitration of employment-related claims. The article outlines key differences between federal and Tennessee arbitration law and provides guidance on issues associated with unconscionability, severability, waiver of class and representative actions, arbitrability, drafting considerations, EEOC challenges, and bracketed text. As part of the article, the authors provided sample language for a Tennessee compliant mandatory arbitration provision of employment-related claims that can be incorporated into a written employment agreement or employee handbook.
Continue Reading Mandatory Arbitration of Employment-Related Claims (TN)

From the Bass, Berry & Sims Blog Network
From the Bass, Berry & Sims Blog Network

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