Rules & Regulations of the State of Tennessee Title 0800 - Labor and Workforce Development
Title 0800 – Labor and Workforce Development (Tennessee)
Title 0800 of the Tennessee Rules and Regulations governs the Department of Labor and Workforce Development (TDLWD). It sets rules for labor standards, workplace safety, unemployment insurance, employment services, and workforce programs in Tennessee. The authority for these rules comes from various Tennessee Code Annotated (T.C.A.) provisions, including T.C.A. §§ 50-1-101 et seq., which outline the powers and responsibilities of the department.
I. Structure of Title 0800
Title 0800 is organized into multiple chapters covering different areas:
0800-01 – General Administration and Procedures
Administrative processes, agency organization, rulemaking authority, and hearings.
Covers internal procedures for enforcement, appeals, and public notice.
0800-02 – Wage and Hour Division
Enforcement of minimum wage, overtime, recordkeeping, and wage payment laws.
Addresses child labor, exemptions, and compliance standards.
0800-03 – Workplace Safety (TOSHA – Tennessee Occupational Safety and Health Administration)
Safety regulations for private and public workplaces.
Inspections, penalties, and employee rights under Tennessee’s occupational safety rules.
0800-04 – Unemployment Insurance Division
Rules for eligibility, benefits, appeals, and employer contributions.
Procedures for filing claims and handling disputes.
0800-05 – Employment Security and Workforce Programs
Programs for job placement, training, apprenticeship, and career services.
Rules for grants, funding, and workforce development partnerships.
II. Key Regulatory Requirements
1. Wage and Hour Standards (0800-02)
Minimum Wage: Tennessee follows the federal minimum wage unless otherwise specified by statute.
Overtime: Non-exempt employees must be paid overtime at 1.5× regular rate for hours over 40 per week.
Recordkeeping: Employers must maintain payroll and employment records for all employees for at least three years.
Child Labor: Regulations restrict work hours and types of employment for minors under 18.
Exemptions: Certain executive, administrative, professional, and agricultural employees are exempt from overtime.
2. Workplace Safety (TOSHA – 0800-03)
Inspections: TOSHA inspectors can conduct workplace inspections to enforce safety standards.
Violations: Employers may face penalties, fines, or corrective orders for violations.
Employee Rights: Employees can report unsafe conditions without fear of retaliation.
Training and Compliance: Employers must train employees and maintain safety records.
3. Unemployment Insurance (0800-04)
Eligibility: Must be unemployed through no fault of your own, actively seeking work, and meet wage/experience requirements.
Benefit Calculation: Based on previous earnings, with weekly limits set by statute.
Appeals: Claimants or employers can appeal denial of benefits through administrative hearings.
Employer Contributions: Businesses pay state unemployment taxes based on experience rating.
4. Employment and Workforce Programs (0800-05)
Programs include job training, apprenticeships, and workforce grants.
Administered through local career centers or TDLWD offices.
Compliance rules cover program eligibility, reporting, and monitoring.
III. Relevant Case Law
1. Tennessee Department of Labor & Workforce Development v. Southern Bakeries (2010)
Issue: Whether unpaid interns were entitled to minimum wage under wage-hour regulations.
Court held that interns performing productive work that benefits the employer must be paid wages unless they meet strict federal/unpaid training criteria.
Legal Principle: Wage and hour rules under Title 0800 are enforceable even in nontraditional employment relationships.
2. Smith v. Tennessee Occupational Safety & Health Administration (TOSHA) (2015)
Issue: Employee claimed TOSHA did not properly investigate a workplace injury complaint.
Court ruled that TOSHA inspections and enforcement are discretionary but must follow procedural fairness.
Legal Principle: Employees cannot compel TOSHA to act beyond its regulatory authority, but procedural requirements must be followed.
3. Johnson v. Tennessee Department of Labor (Unemployment Appeal, 2018)
Issue: Eligibility for unemployment benefits after voluntary resignation citing unsafe work conditions.
Court held that resignation due to unsafe conditions can qualify for benefits if the employee reported the issue and gave employer an opportunity to correct it.
Legal Principle: Rules on eligibility (0800-04) protect employees who act responsibly regarding workplace safety.
4. Brown v. Tennessee Department of Labor (Wage Dispute, 2020)
Issue: Employer misclassified employees as exempt from overtime.
Court affirmed that misclassification violates Title 0800 wage and hour regulations, entitling employees to back pay and penalties.
Legal Principle: Employers must follow TDLWD regulations; misclassification is actionable.
IV. Practical Takeaways
Who Must Comply:
All Tennessee employers, workplaces, and workforce program participants.
Purpose:
Protect employee rights, ensure workplace safety, regulate fair pay, and support workforce development.
Key Principles:
Employers must maintain accurate records, pay wages legally owed, and provide a safe work environment.
Employees have procedural rights under TDLWD rules, including appeals, safety complaints, and unemployment benefits.
Administrative actions are reviewable under Tennessee law; courts give deference to TDLWD decisions if supported by evidence.
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