by Kara Shea

On April 11, Tennessee Governor Bill Haslam signed into law a bill prohibiting local governments from mandating health insurance benefits, leave policies, hourly wage standards, or prevailing wage standards that deviate from existing requirements of state and federal law as a condition of doing business with or within the jurisdiction of the local government.

The new law means that cities and towns in Tennessee may not establish prevailing wages higher than the federal minimum wage and/or state or federal prevailing wages. Any such local laws already on the books (e.g., the living wage ordinances enacted by Memphis and Shelby County a few years ago) are no longer enforceable.

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Update: On March 14, 2013, Governor Bill Haslam signed SB 0142, which allows person with a valid handgun carry permit to transport and store a firearm or firearm ammunition in the permit holder’s privately-owned motor vehicle in public or private parking areas under certain conditions. 

by Kara Shea and Sara Anne Quinn

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Legislation giving handgun carry permit holders the right to keep guns in their vehicles in public parking lots, including their employer’s parking lot, passed the Tennessee Senate Monday evening, 28-5.

The bill, which will go to the House Civil Justice Subcommittee Wednesday afternoon, would give civil immunity to employers for deaths, injuries, or damage involving guns brought onto parking lots by employees. Under the bill, employers could continue to ban firearms for those without carry permits.

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By Kara E. Shea

Tennessee’s Unemployment Insurance Accountability Act, which takes effect September 1, amends the state’s unemployment statute in ways helpful to employers.

For instance, the new law defines what constitutes “making a reasonable effort to secure work” for the purposes of unemployment insurance eligibility. It specifies that “making a reasonable effort to secure work” means a claimant must provide detailed information about his contact with at least three employers per week or access services at a career center managed by the Tennessee Department of Labor (TDOL). Claimants providing false work information will be disqualified from benefits for a minimum of eight weeks.

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Late Monday, Tennessee Governor Bill Haslam signed into law House Bill (HB) 600, which prohibits Tennessee’s local governments from imposing on employers any antidiscrimination practices or standards that vary from those in state law.

Named the Equal Access to Interstate Commerce Act, the new law makes null and void any “practice, standard, definition, or provision” previously established by local ordinance or resolution. The practical effect is the nullification of a Nashville ordinance enacted in April that requires the city’s contractors and vendors to submit affidavits affirming that they don’t discriminate based on gender identity or sexual orientation.

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Nashville has joined more than 100 other localities across the nation that prohibit firms and contractors conducting business with the city from discriminating against employees on the basis of sexual orientation or gender identity. Similar protections were granted to city employees in 2009, and Metro Council members voted 21-15 on Tuesday night to extend the ordinance to cover contractors, which now will be required to sign affidavits of compliance with the new rule.

Mayor Karl Dean has said that he will sign the bill; however, opposition to the new measure could still arise at the state level, as a bill prohibiting such local antidiscrimination measures is currently under debate in state legislative committees.

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A bill rapidly making its way through the Tennessee Legislature would protect employers that opt not to restrict persons who are legally licensed to carry a handgun from bringing their weapons into the workplace.

On Monday, Senate Bill (SB) 519 passed almost unanimously (the lone dissenter was Democratic Senator Beverly Marrero of Memphis). The bill, the first measure introduced by Republican Senator Mike Bell of Riceville, states that an employer opting not to post notice that handguns are restricted on the workplace property has not created an occupational safety and health hazard to other employees on the premises.

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by John B. Phillips, Jr.

Tuesday’s election continues Tennessee’s move toward a solid-red Republican state:

• In the governor’s race, Republican Bill Haslam won with an overwhelming majority, replacing two-term Democrat Phil Bredesen, who was prohibited from running for a third term.
• It also appears that Tennessee Republicans will make gains in both houses of the Tennessee General Assembly, extending and increasing the Republican control of both state houses.
• Tennessee’s congressional delegation will be made up of seven Republicans and two Democrats, a net gain of two seats for the GOP. (Both U.S. senators are Republicans, though neither was up for election this year.)

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By John B. Phillips, Jr.

After the midterm elections, Tennessee’s congressional delegation will be made up of seven Republicans and two Democrats, a net gain of two seats for the GOP. Tuesday’s election continues Tennessee’s move toward a solid-red Republican state. Both U.S. Senators are Republicans, though neither was up for election this year.

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The U.S. Supreme Court unanimously ruled today (Jan. 26, 2009) that the anti-retaliation provisions of Title VII of the Civil Rights Act of 1964 apply to employees who voluntarily cooperate with an employer’s internal investigations, even if the employee didn’t initiate the investigation and has filed no formal charge.

In the case, Vicky Crawford was asked to participate in an ongoing internal sexual harassment investigation. During the investigation, Crawford alleged that she herself had been sexually harassed in the workplace, and months later, she was discharged. Crawford claimed she was fired in retaliation for her statements during the investigation and filed suit against Metro Nashville Schools.

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