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The Tennessee Lawful Employment Act ("TLEA") modifies an existing state law which bans the knowing employment of "illegal aliens", Tenn Code Ann. § 50-1-103. Codified at Tenn Code Ann § 50-1-701 et. seq. TLEA will be enforced in conjunction with the Immigration Reform and Control Act of 1986. Under TLEA employers in Tennessee must verify a newly hired employee's employment eligibility through one of two means: (1) Enrolling in the Federal E-Verify Program or (2) Requesting one of the following eleven documents:
- 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 certificate of citizenship
- A certificate of naturalization
- A U.S. citizen identification card
- A lawful permanent resident card
- Other proof of the person's immigration status and authorization to work in the U.S.
TLEA also requires employers to obtain and maintain a copy of one of the above-listed 11 documents for all non-employees. 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. An employer violates TLEA if it either fails to verify employment eligibility through E-Verify or request and maintain a copy of one of the above-listed documents.
The deadline for TLEA compliance depends on the size of the business. By January 1, 2012 all state and local government entities and all private employers with 500 or more employees had to comply with TLEA. By July 1, 2012 all private employers with 200-499 employees must comply with TLEA. All private employers with 6-199 employees must comply with TLEA by January 1, 2013.
Fines for not complying with the statute include $500.00 for the first violation, $1,000.00 for a second violation and $2,500.00 for a third or subsequent violations. Fines in these same amounts will also be assessed for each employee or non-employee not verified.
Tennessee employers enrolled in E-Verify will escape a fine of knowingly employing an illegal alien if the employer received confirmation through E-Verify that the employee had valid work authorization status, or the employer received non-confirmation of the employee's eligibility to work but the employee appealed and the appeal has not been resolved or the time for the appeal has not expired. |
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Articles by Mr. Hatmaker
The Tennessee Lawful Employment Act ("TLEA")
(January 2012)
What Employers Can Learn from Penn State
(November 2011)
The Impact of Gossett v. Tractor Supply:
Is Summary Judgment Still Available in a Discrimination or Wrongful Discharge Case Filed Under Tennessee Law. Woolf Prints (Fall 2010) (p. 1)
There Has Never Been
A Better Time to Be A Grandfather:
An Overview of What the New Healthcare Law May Mean for Employers. Woolf Prints (Spring 2010) (p. 5)
Do You Know the Rest of the Story? Should You?: Practical and Legal Considerations when Searching the Internet for Information About Job Applicants. LCA Commentary (June 2008)
The Winds of Change:
How an Obama White House May Change the Employment and Tax Laws. Woolf Prints (Fall 2008) (p. 1)
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