Plant Closing Law Summaries
Tennessee, Plant Closing Law Summaries
Tennessee's plant closing law is codified in the Tennessee Code Annotated at Title 50, Chapter 1, Part 1 and Part 6.
DEFINITIONS
“Employer” means any person, corporation or other entity that employs at least 50 employees but not more than 99 full-time employees at a workplace in Tennessee, that is also covered by Tennessee's Employment Security Law (Sec. 50-1-601).
“Reduction in operations” means (Sec. 50-1-601):
the closure of a workplace, or a portion of the operations therein, where the number of employees working in the workplace is permanently or indefinitely reduced by 50 or more employees during any three-month period;
the modernization of a workplace, or a portion of the operations therein, where the number of employees working in the workplace is permanently or indefinitely reduced by 50 or more employees during any three-month period;
the relocation of a workplace, or a portion of the operations therein, to another site located more than 50 miles from the workplace, where the number of employees working in the workplace is permanently or indefinitely reduced by 50 or more employees during any three-month period; or
the implementation or application of any management policy within a workplace, where the number of employees working in the workplace is permanently or indefinitely reduced by 50 or more employees during any three-month period.
“Workplace” means a factory, plant, office or other facility where employees produce goods or provide services (Sec. 50-1-601).
COVERAGE
All employers that employ at least 50 employees but not more than 99 full-time employees at a workplace in Tennessee, that are also covered by Tennessee's Employment Security Law, are covered by Tennessee's plant closing law (Sec. 50-1-601).
EXCEPTIONS
The employee and state notification requirements of Tennessee's plant closing law do not apply to reductions in operations that result only from a labor dispute; that occur at a construction site or other temporary workplace; or result from seasonal factors, as determined by the rules of the Commissioner of Labor and Workforce Development to be customary within the business or industry (Sec. 50-1-603, as amended by Ch. 520 (H. 1875), L. 1999).
PROCEDURES
Tennessee's plant closing law requires the Commissioner of Labor and Workforce Development to obtain and operate a toll-free telephone line for the purpose of receiving and encouraging employer compliance with the notification provisions of the law. The commissioner regularly undertakes appropriate activities to inform and remind employers of the existence of the toll-free telephone line and of the notification requirements contained in the plant closing law (Sec. 50-1-602, as amended by Ch. 520 (H. 1875), L. 1999).
Upon receiving initial notification of a reduction in operations, the commissioner immediately advises the Commissioners of Economic and Community Development, Education, Human Services, Mental Health and Mental Retardation, and Health, the Executive Director of the state Board of Education, and the Chancellor of the Board of Regents of the state university and community college system, concerning the circumstances of the reduction in operations and the number of affected employees. The commissioners must also be notified when an advance written notification of a plant closing or mass layoff pursuant to the federal Worker Adjustment and Retraining Notification Act (see EMPLOYMENT RELATIONS ¶5690) is served, concerning the circumstances of the plant closing or mass layoff, including the number of employees affected (Sec. 50-1-602, as amended by Ch. 520 (H. 1875), L. 1999).
WHAT THE EMPLOYER MUST DO
Notification.- Employers must first notify affected employees of a reduction in operations, then employers must notify the Tennessee state government by telephoning the Commissioner of Labor and Workforce Development and informing the commissioner of the circumstances of the reduction in operations as well as the number of employees affected (Sec. 50-1-602, as amended by Ch. 520 (H. 1875), L. 1999).
NOTICE
See WHAT THE EMPLOYER MUST DO, above.
WHO TO CONTACT
For information about Tennessee's plant closing law, contact the Commissioner of Labor and Workforce Development, 710 James Robertson Parkway, Nashville, TN 37243-0655. Telephone: (615) 741-2582. Fax: (615) 741-5078.
<p>For information about Tennessee's plant closing law, contact the Commissioner of Labor and Workforce Development, 710 James Robertson Parkway, Nashville, TN 372</p>