Wednesday, May 23, 2012
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Displaying items by tag: new state law
Employers Required to Collect Documents or Use E-Verify Database
NASHVILLE – Tennessee Department of Labor and Workforce Development Commissioner Karla Davis today announced new requirements of all employers in Tennessee to demonstrate that they are hiring and maintaining a legal workforce.
“This online verification process is designed to be convenient for employers and only takes a few minutes to complete. The department can provide assistance to employers who don’t have Internet access,” said Commissioner Davis.
Signed into law by Governor Bill Haslam on June 7, 2011, the Tennessee Lawful Employment Act requires verifying the employment eligibility of all newly hired employees through the online E-Verify program (www.uscis.gov/everify), or requesting all newly hired employees to provide one of the following identity and employment authorization documents as required:
      • A valid Tennessee driver's license or photo identification
      • A valid driver's license or photo identification from another state where the license requirements are at least as strict as those in Tennessee
      • A birth certificate issued by a U.S. state, jurisdiction or territory
      • A U.S. government issued certified birth certificate
      • A valid, unexpired U.S. passport
      • A U.S. certificate of birth abroad
      • A report of birth abroad or a citizen of the U.S.
      • A certificate of citizenship
      • A certificate of naturalization
      • A U.S. citizen identification card
      • A lawful permanent resident card
The law also requires employers to obtain and maintain a copy of one of the above listed identity/employment authorization documents for all non-employees as well. A “non-employee” is defined as any individual, other than an employee, paid directly by the employer in exchange for the individual’s labor or services.
The employment verification provisions referenced above will be phased in as follows:
  • All state and local government agencies must enroll and participate in E-Verify or request and maintain an identity/employment authorization document from a newly hired employee or non-employee no later than January 1, 2012
  • All private employers with 500 or more employees must enroll and participate in E-Verify or request and maintain an identity/employment authorization document from a newly hired employee or non-employee no later than January 1, 2012
  • All private employers with 200 to 499 employees must enroll and participate in E-Verify or request and maintain an identity/employment authorization document from a newly hired employee or non-employee no later than July 1, 2012
  • All private employers with six to 199 employees must register and utilize E-Verify or request and maintain an identity/employment authorization document from a newly hired employee or non-employee no later than July 1, 2013
The Tennessee Department of Labor does have the authority to impose penalties for non compliance. For a first violation, $500 for each employee or non-employee not verified, for a second violation, $1,000 for each employee or non-employee not verified, and $2,500 for a third violation.

The private employer must submit evidence of compliance within 60 days of the final order. If the employer fails to submit such documentation, then the commissioner has the authority to suspend the private employer's license until the employer remedies the violation.
Any lawful resident of Tennessee or any employee of a federal agency may file a complaint alleging a violation of the employment verification provisions of the Act. If there is satisfactory evidence of a violation, the Commissioner of the Tennessee Department of Labor and Workforce Development will conduct an investigation.
For more information on the Tennessee Lawful Employment Act visit http://www.tn.gov/labor-wfd/eVerify/ or contact the Labor Standards Division toll-free at 1-855-TNEBILL (1-855-863-2455).
Published in Business News

Elementary school parents will receive a letter home from their child’s school by the end of this week.  The letter outlines new State laws regarding third grade promotion and required remediation for third grade students in need.  The State laws include:

· Public Chapter 351 – Prohibits the promotion of any third grade student to the next grade level unless the student shows a basic understanding of the subject of reading as demonstrated by the student’s grades or standardized test scores.  It permits promotion if the student receives a researched based intervention prior to the start of the next school year (Senate Bill 1776/House Bill 2038).

· Public Chapter 219 – Applies attendance laws to students participating in any remedial instruction that is required by the student’s school, including summer programs and after school instruction.  Decisions to require attendance shall be made by the principal who shall consider transportation available to the student (Senate Bill 0414/House Bill 788).

Public Chapter 351 will require all third grade students to have a basic understanding of reading prior to the promotion to fourth grade.  The law requires an intervention, using researched based instruction, to take place over the summer or prior to promotion in order for the student to be promoted to fourth grade.

Third grade is the first time students in Williamson County take the TCAP assessments, and for some parents it will be the first State assessment data they have received.  With TCAP, student test results are delivered for the core subjects of reading, math, social studies and science by achievement levels as indicated through cut scores.  Those achievement levels are outlined below:

· Advanced – Superior mastery of grade level standards

· Proficient – Mastery of grade level standards

· Basic – Partial mastery of grade level standards

· Below Basic in accordance with the new law, if a third grade student scores at this level in Reading – summer intervention will be a requirement before promotion granted.

After the elementary school principal receives the TCAP results, those third grade students with a Below Basic score in reading will be identified and parents will be notified of the need for summer intervention.  The principal will indicate what the district and/or school will offer as intervention over the summer along with site locations and dates.  The principal will request a commitment of attendance or the parent must notify the principal of their intent to seek their own summer intervention through private services.  If the parent chooses private interventions (remediation), a certificate of participation will need to be presented to the principal upon completion.  The certificate must have dates of attendance, teacher name, contact information, a list of the instructional strategies used and a report of progress.

“Our schools will offer interventions and additional support to assist students in meeting expectations during the school year,” said Assistant Superintendent of Elementary Schools Denise Goodwin. “We encourage parents to take advantage of any offer of tutoring, at any and all grade levels for their children whether it’s before or after school or over the summer.”

Published in Education

Major legislation passed by the General Assembly this year which offers businesses predictability and a way to quantify risk as they decide where to locate is set to take effect tomorrow, October 1.

The Tennessee Civil Justice Act of 2011, sponsored by Senate Majority Leader Mark Norris (R-Collierville), Senator Brian Kelsey (R-Germantown), and Senator Jack Johnson (R-Franklin) was part of Governor Bill Haslam’s legislative jobs package.  The sponsors say the bill aims to make Tennessee more attractive to businesses while ensuring that injured plaintiffs receive all of the economic, quantifiable damages they suffer.


“When we attract businesses, we attract jobs,” said Senator Kelsey.  “This new law will provide certainty and predictability for businesses that want to locate in Tennessee.    Before passage, we were the only state in the Southeast that had no limits on possible punitive damage awards.  With enactment of this law, Tennessee can become the number one state in the Southeast for high quality jobs.”

“This new law is much more than tort reform, as we must be competitive with other states,” said Leader Norris.  “Tennessee has always been on the cutting edge of tort reform.   We must remain competitive, not just in the South or in a regional economy, but in the global context.  This new law is designed to put us on a level playing field so we have predictability and certainty for businesses which look to locate or expand their operations in Tennessee.”

Key provisions of the law include:

        • Clarifies and defines the venue where a business can be sued;
        • Places a $750,000 cap on non-economic damages, except in instances of intentional misconduct, records destruction, or conduct under influence of drugs or alcohol;
        • Raises the cap to $1 million on non-economic damages for catastrophic losses resulting in paraplegia, quadriplegia, amputation, substantial burns or the wrongful death of a parent leaving minor children;
        • And places a cap on punitive damages of two times the compensatory damages or $500,000, whichever is greater, except in instances of intentional misconduct, records destruction, or conduct under influence of drugs or alcohol.

“A vibrant market economy does not operate in a vacuum,” said Senator Jack Johnson (R-Franklin), Chairman of the Senate Commerce Committee.   "It has to be supported by access to a quality education, opportunity, a good transportation system, and a strong business environment.  This bill, coupled with the education reforms passed this year, helps to move us move closer to our goal of making Tennessee the most competitive state in the region.”

Norris pointed to the success of the 2008 medical tort reform law which he sponsored with Senator Doug Overbey (R-Maryville) that has been successful in reducing lawsuits since its implementation.  The law has resulted in a reduction in non-meritorious claims by 50 percent.

The Tennessee Civil Justice Act applies to all liability actions for injuries on or after the October 1 enactment date.

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Published in Business News

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