labor lawAdivision of labor law center

Earlier this summer, Tennessee Governor Phil Bredesen signed a new Tennessee Workers’ Compensation law. The new law will limit employers’ liability for injuries suffered by employees during voluntary recreational, social or athletic activities. 

While this law limits workers’ comp cases in Tennessee, employers in other states should be cautious about permitting recreational or sports activities on company property.

The law highlights a dilemma for many employers – how to promote a healthy lifestyle without incurring additional liability for sports-related injuries and deaths.

The new law was sparked by the lawsuit Gooden V. Coors Technical Ceramic Co. In that case, Mr. Gooden collapsed with a fatal heart attack while playing basketball on the employer’s premises during an unpaid break. The court found that an employee’s death on the employer’s premises was a workers’ comp case – even though the basketball game was entirely voluntary.

Because the employer provided the basketball hoop, supervisors sometimes participated in games and the games occurred on company property, the court found that the death (more…)

Most Tennessee employers must pay the new minimum wage of $7.25 per hour, effective July 24, 2009.

The federal minimum wage was established under the The Fair Labor Standards Act or FLSA in 1938. This law made sweeping changes to the workplace. At that time, children of all ages worked alongside adults in mills, farms and factories, sometimes as many as 60 hours a week. The FLSA established child labor laws prohibiting children under the age of 14 from working in almost every job.

Another effect of the FLSA was the establishment of the federal minimum wage. On July 24, 2009, the federal minimum increased 70 cents from $6.55 to $7.25 per hour. This increase affected most of the employers in Tennessee because the state has no minimum wage law.

Under the FLSA, to be eligible for federal minimum wage, an employee must work for a company that earns at least $500,000 per year. FLSA also covers businesses that engage in interstate commerce. Individual workers engaged in interstate commerce are covered by FLSA, too.

For example, a buyer contacting an out-of-state vendor via email or (more…)

The US Department of Labor recently awarded $250,000 to develop strategic economic growth plans for Kentucky and Tennessee. Most of the area affected is in the extreme western tip of Kentucky.

“This $250,000 grant to the West Kentucky Workforce Investment Board will boost efforts to expand the region’s economy and increase job opportunities for Kentucky workers,” said U.S. Secretary of Labor Elaine L. Chao.

The primary focus of the grant is the (more…)

Two community colleges in Tennessee have won worker training grants from the US Department of Labor totaling more than $3.7 million.

Jackson State Community College was awarded $1,997,683 to establish and enhance programs to train highly skilled workers for the healthcare industry. With locations in Lexington, Savannah and Humboldt, as well as Jackson, the school offers distance learning and continuing education as well as daytime classes in a number of allied health specialties.

Northeast State Technical Community College won a grant of $1,946,563 to train workers for the Advanced Manufacturing field. The school is located in Blountville, Tennessee. The school offers associate degrees, apprenticeships and continuing education in the technical field through The Institute for Business and Industry Services.

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Workplace violence in Tennessee and across the U.S. is one of OSHA’s (Occupational Safety and Health Administration) primary concerns. Unfortunately, homicides are a large component of violence on the job. The Bureau of Labor Statistics reported that in 2006, 94 murders occurred in the workplace. The number has decreased from over 200 homicides in the early 1990s, but murder is still a major factor.

Over 2 million Americans are victims of violence in the workplace every year. OSHA suggests several ways to help prevent this violence, which OSHA defines as threats, verbal abuse, assaults, physical abuse and homicide. These recommendations include installing security systems, extra lights and video surveillance cameras.

In addition to installing safety equipment, companies should install an antiviolence program into the safety plan. Employers should also provide training for workers on how to understand the program and how to react in violent situations. Putting the program details in writing in the employee handbook is a good way to ensure all workers receive the information.

Employers should also be aware that certain occupations are at higher risk for workplace violence. All workers who deal with the public, especially regarding money, and in high crime areas, and alone late at night, are at increased risk. Healthcare workers and other employees who provide social services also experience a higher risk of violence on the job. Statistics show that nurses are assaulted on the job as often as police officers. Most of the attacks occur in hospitals, but can also happen on home visits.

People who work away from an office can be faced with workplace violence, too. To help ensure their safety, these employees, such as outside salespeople, cable TV installers and utility workers, should be required to file a daily schedule with their employer, and to check in with home base on a regular basis.

When violent incidents do occur, employees should report it immediately. Companies should also investigate and remedy the problem immediately.

Streaming videos and downloads on preventing workplace violence are available from the NIOSH (National Institute for Occupational Safety and Health).

OSHA Tennessee Worker Safety

Every worker in Tennessee and across the U.S. needs to be informed about potentially violent situations in the workplace, and to be trained on how to avoid and or diffuse these situations.

Workplace violence is a major concern to OSHA (Occupational Safety and Health Administration) which recommends that each employee take steps to help protect against violence and to help prevent violence in the workplace.

First, an employee needs to be aware of his or her surroundings. When working out in the public, a worker shouldn’t carry a lot of cash or wear expensive or flashy jewelry. Also when out in public, an employee should never enter an unfamiliar situation or location late at night, particularly when alone. Traveling to new places should also be scheduled for daylight hours.

Employees also need to know exactly how to report incidents of violence. Their employers should establish an antiviolence program among their safety procedures. These procedures need to train each worker in the proper process to handling threats of violence on the job and should be practiced just like any other safety drill.

All threats of violence and acts of violence should be reported immediately. Even incidents that don’t seem particularly serious need to be made known to supervisors or managers. Persons who escalate to violent acts often give early warning signs, such as verbal abuse and rage. Therefore, no incident should be considered trivial.

Threats of violence can include maintenance issues. Problems such as a secure door that no longer locks, a broken window, or a missing security camera can negatively affect the workplace, particularly in the area of security. These issues should be reported to a supervisor immediately.

The General Duty Clause of OSHA requires employers to provide a safe and healthy work environment. Employers must keep a record of every threat and act of violence, sorted by type. The threats need to be investigated immediately and remedied immediately. Failure of any company to follow these procedures regarding hazards in the workplace can open that company to severe penalties from OSHA.