An accident by a municipal employee while driving a city-owned vehicle shall in no way be considered by the employee's personal automobile insurance carrier in fixing insurance premiums nor shall it cause any increase in the employee's personal automobile insurance premiums. T.C.A. § 56-7-1108.

A court may assign a municipal employee’s income for child support. Any disciplinary action or discharge action against the employee for this reason is prohibited. T.C.A. § 50-2-105(b)(1). Assignment of income by a court for child support or spousal support shall be made according to title 36, chapter 5. If an employer fails to comply with the order, a judgement may be entered against the employer in the same manner as set forth in title 26, chapter 2, part 2.

Municipal offenders confined or subject to confinement in a county or municipal jail may be sentenced to public service work for the municipality. The statute exonerates the municipality, its officers and its employees from liability to the offender, his or her family, or other persons for acts of the offender if the municipality exercised due care in supervising the offender. T.C.A. § 41-3-107(b).

A city also may apply to the state Department of Corrections district work project coordinator for probationer labor for a specific work project. There is no liability for injury to a probationer so involved if due care was taken in his protection and supervision. T.C.A. §§ 41-9-104. A city also may apply to the county community work project coordinator for county probationer labor on specific projects. T.C.A. § 41-9-202(a).

Under another statute, a city may apply to the commissioner of corrections to use convicts on public works projects, which the commissioner may allow if required conditions are met and the governor approves. T.C.A. § 41-22-127(b). A city’s chief executive and the sheriff may make agreements for the city to use certain prisoners under city supervision "for such duties and manual labor as the municipality deems appropriate. Convicts also may renovate substandard housing for low-income people. T.C.A. § 41-22-129(a).

A juvenile court may order a child who is found delinquent to perform community service work for a municipality. T.C.A. § 37-1-131(a)(7) exonerates the municipality and its officers and employees from liability resulting from the juvenile’s work if the municipality exercised due care in supervising the juvenile.

Individuals, corporations, partnerships, associations or any other legal entity are prohibited from knowingly employing an illegal alien. An "illegal alien" is defined as a person who is, at the time of employment, neither an alien who is lawfully admitted for permanent residence in the United States, nor authorized to be employed by the federal Immigration and Naturalization Act or the United States attorney general. T.C.A. 50-1-103(a)(4).

Verification of status consistent with the employer requirements of the Immigration Reform and Control Act of 1986 [1] is a defense if the verification information was false or the employer used the federal work authorization verification service. T.C.A. 50-1-103(c). Verification can be accomplished utilizing the I-9 verification form [2] or the Federal E-Verify [3] system.

Local government officers and employees with reason to believe they have knowledge of a violation must file a complaint with the Department of Labor and Workforce Development. T.C.A. § 50-1-103(e)(1).

Local governments are among the employers that must give employees time off for jury services if presented an appropriate summons to report to jury duty. T.C.A. § 22-4-106(a)(1). The employee is entitled to his/her usual compensation, however, the employer has the discretion to deduct the amount of the fee or compensation the employee receives for serving as a juror. Local governments with less than five (5) employees on a regular basis or if the juror is employed for less than six (6) months, the government is not required to compensate the juror during period of jury service. T.C.A. § 22-4-106(b).

Offsetting Employee Wages

T.C.A. § 50-2-110 

(a) Except as provided in subsection (b), an employer may offset an employee's wages due and owing for an amount the employee owes the employer if:

(1) An employer enters into an agreement with an employee to advance the employee wages prior to the date the wages are due and owing, agrees to otherwise lend the employee money, or permits the employee to charge personal items on the business or corporate credit card issued to the employee;

(2) The employee signs a written agreement prior to any actions occurring pursuant to subdivision (a)(1) allowing the employer to offset the employee's wages for any amount the employee owes the employer, and the employer has in its possession at the time of the offset a copy of such signed agreement;

(3) The employer notifies the employee in writing fourteen (14) days prior to the payment of wages due and owing that:

(A) There is an amount the employee owes the employer;

(B) The employee's wages may be offset if the amount owed is not paid prior to the payment of wages due and owing; and

(C) The employee may submit an affidavit as described in subsection (b); and

(4) The employee has not paid the amount owed the employer that was described in the notice sent pursuant to subdivision (a)(3).

(b) The employer shall not be entitled to offset an employee's wages due and owing if the employee sends a sworn affidavit to the employer, and a copy of such affidavit to the department of labor and workforce development, no later than seven (7) days after receiving notification pursuant to subdivision (a)(3), contesting the amount owed. If an employee contests an amount owed pursuant to this subsection (b), then the employer may commence an appropriate civil action to recover the amount the employer alleges that the employee owes the employer.

(c) For purposes of this section:

(1) "Amount the employee owes the employer" means any specific dollar amount the employer loaned or advanced the employee, including, but not limited to, any amount the employee charged for personal items to a business or corporate credit card issued to the employee; and

(2) "Wages" means any remuneration owed to an employee for services, including, but not limited to, commissions, bonuses, incentive program rewards and tips.

Political Activities by Municipal Employees
A local government employee has the same rights as other citizens of Tennessee to participate in political campaigns and to run for certain elected offices. A city employee has the right to take an active part in local and state campaigns while off duty. However, a city employee shall not be qualified to run for election to the local governing body unless otherwise authorized by law or local ordinance. T.C.A. § 7-51-1501.

Payment of Professional Privilege Tax
T.C.A. § 67-4-1709(a) allows municipalities to pay the professional privilege tax for their employees subject to the tax.  

Smoking Rights
A municipality is prohibited from discharging an employee for using an agricultural product not regulated by the alcoholic beverage commission that is not otherwise proscribed by law (tobacco) as long as the employee abides by the employer’s work rules regarding tobacco use. T.C.A. § 50-1-304(d)(1).

Notification of Smoking Ban
The state ban on smoking in places of employment must be communicated to all existing employees and prospective employees when they apply for a job. T.C.A. § 39-17-1803(b).

Nonsmoker Protection Act
Public Chapter 410 added a new Part 18 to T.C.A. Title 39, Chapter 17, banning smoking in most enclosed public places in Tennessee, including places of employment. For details on the act, visit: http://www.mtas.tennessee.edu/reference/non-smoker-protection-act [4]. 

Military Service – Tennessee Laws
Public employees have the right to a leave of absence for the purpose of being inducted or otherwise entering military duty. Municipal employees are among the public employees guaranteed re-employment rights after active or reserve military service if still physically qualified to perform the duties of such position. If the employee is not qualified to perform the duties of such position by reason of disability sustained during such service, such public employee shall be placed in such other position, the duties of which the employee is qualified to perform. T.C.A. §§ 8-33-101 – 8-33-105.

Members of reserve components of the U.S. armed forces (including members of the Tennessee Army and the Air National Guard) are entitled to leaves of absence while engaged in "duty or training in the service of this state, or of the United States, under competent orders." They must be given such leave with pay not exceeding twenty (20) working days in any one calendar year, including weekends if regularly scheduled for work. The intent of the pay provision is to allow employees to receive their regular pay, in addition to military pay, for two-week summer training camp and for weekends an employee is regularly scheduled for work but has military duty. During this 20-day period, the employee continues to earn regular pay, service credit, applicable annual and sick leave accruals, and all other rights and benefits to which the employee is otherwise entitled continue.  In addition, this section allows public employers to provide partial compensation to employees while serving under competent orders, in addition to the 20 working days of compensation referred to above. After the twenty (20) working days of full compensation, members of any reserve component of the armed forces of the United States, including members of the Tennessee Army and Air National Guard, may use up to five (5) days of sick leave in lieu of annual leave for the purposes of not having to take leave without pay. T.C.A. § 8-33-109.

T.C.A. § 8-33-110 entitles a state or local government employee who is also a member of the Tennessee Army and Air National Guard on active duty or Tennessee State Guard and Civil Air Patrol to an unpaid leave of absence without loss of time, pay, or leave for all periods of service during which they are engaged in the performance of duty or training under competent orders.

This Tennessee Military Leave Law is an additional benefit of the job protection granted to all employees engaged in military service separate and apart from the Uniformed Services Employment and Reemployment Rights Act of 1994 (USERRA [5]), 38 U.S.C. § 43 [6]. Under federal and state laws, all employees who are members of any reserve component of the armed forces of the United States or of the Tennessee National Guard are entitled to a leave of absence from their duties for all periods of military service during which they are engaged in the performance of duty or training. The duty or training must be in the service of the state or the United States under competent orders as stipulated in 38 U.S.C. §§ 4311-4318, T.C.A. §§ 8-33-101 – 8-33-109, and T.C.A. § 58-1-106.

An employee or applicant for employment, who performs, applies to perform, or has an obligation to serve in a uniformed service shall not, on that basis, be denied employment or re-employment or be discriminated or retaliated against for such service or application for service in any manner.

“Military Duty” means:
•     Training and service performed by an inductee, enlistee, or reservist or any entrant into a temporary component of the armed forces of the United States;
•     Time spent reporting for and returning from such training and service, or if a rejection occurs, from the place of reporting for such training and service; and
•     Active duty training as a reservist in the armed forces of the United States or as a member of the National Guard when the call is for training only.

Frequently Asked Questions
Q: Does this apply to part-time employees?
A: Yes, the law applies to all public employees equally without regard to number of hours worked. However, the employer would only pay the employee for the actual hours the employee would have normally worked had he/she not been deployed. The Tennessee Attorney General stated in Opinion No. 00-093 that the act applies to part time employees, since that class of employees is not excluded in the statutory language.

Q: We have public safety employees who work different shifts (i.e., 24/48) and generally work more total hours per year than standard 8-5 positions. How much time do we provide to them under this law?
A: The Tennessee Legislature did not address work schedules in the language and makes no distinctions between different classes or work schedules of employees. At this time there have been no court cases in Tennessee that provide clarification.

Q: Does this apply to members of the Tennessee Army and Air National Guard?
A: Yes. Refer to Attorney General Opinion No. 01-169, which indicates that the act applies to members of the Tennessee Army and Air National Guard, regardless of whether they are mentioned in the statutory language.

Q: Are there any Tennessee cities that are exempt from having to provide this benefit?
A: No. All Tennessee cities and towns must comply with this law.

Q: If an employee who has not completed the city’s probationary period is deployed, is he entitled to the 20 days of leave?
A: Any officer or employee is entitled to military leave pursuant to T.C.A. § 8-33-109. The statute explicitly says that the leave is “unaffected by date of employment or length of service” of the employee. Hence, despite any definition this specific language ensures that all employees and officers are granted this leave. Furthermore, the definition is for “public employee” and the language of Section 109 uses only “employee.”