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What a Tennessee business has to have in writing

Tennessee's written-policy load sits mostly in hiring paperwork and licensing rather than in HR policy mandates.

Every private employer with six or more people must keep employment authorization records or run E-Verify under the Tennessee Lawful Employment Act, TOSHA runs a full state OSHA plan covering private and public workplaces, and the Tennessee Information Protection Act now requires a privacy notice and documented data protection assessments from large data handlers.

Insurers certify a written information security program to the Department of Commerce and Insurance each April, and the state's only true written-policy incentive, the Drug-Free Workplace Program, is voluntary and buys a workers' compensation premium credit.

Tennessee has a rule of its own in 7 of the 14 areas, listed below. In 1 more we searched the state's own site and found nothing beyond the federal rule, but we have not finished writing up where we looked, so that one is not shown yet. The remaining 6 areas we have not checked yet.

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Tennessee rules for a 15–19 person general business

We check the same 14 areas of state law on every state page: breach notification, data security program, consumer privacy law, biometric and health data, harassment prevention, workplace safety programs, workplace violence prevention, insurance data security, state vendor security program, paid leave policies, required postings, pay transparency, licensing and certifications, and other written policies. Federal rules apply in most of these already. What this page adds is whether Tennessee has a rule of its own on top. The federal rules every employer carries follow the Tennessee rules. Each row names what you must write, post, file or certify, who enforces it, and links to the authority.

Breach Notification 1Who you must tell after a data breach, and how fast

LawProduceWhat it requiresTriggerEnforced by

Release of personal consumer information (data breach notification)Tenn. Code Ann. § 47-18-2107, as rewritten by Public Chapter 91 of 2017 (SB 547) #Any person, business or state agency doing business in Tennessee that owns or licenses computerized personal information about Tennessee residents; entities covered by Gramm-Leach-Bliley or HIPAA are excludedDistribute + ack

Notice

Tell every affected Tennessee resident about a breach no later than 45 days after discovery, by written, electronic or (above the cost and volume limits) substitute notice. If more than 1,000 people are notified at once, also tell the nationwide consumer reporting agencies the timing, distribution and content of the notices. A business that already maintains its own breach notification procedure inside a written information security policy may follow that policy instead, so long as it meets the 45-day clock.

From the first employee

Private civil action by injured customers; Attorney General under the Consumer Protection Act

AuthorityTennessee Secretary of State - Public Chapter 91 (2017), SB 547 Tennessee Secretary of State - Public Chapter 692 (2016), SB 2005 Report an error

Consumer Privacy Law 1Rights, notices and assessments for consumer data

LawProduceWhat it requiresTriggerEnforced by

Tennessee Information Protection Act (TIPA)Tenn. Code Ann. §§ 47-18-3201 to 47-18-3213 (Public Chapter 408 of 2023, HB 1181) #Businesses doing business in Tennessee or targeting Tennessee residents that exceed $25 million in revenue AND either control or process personal information of 25,000+ consumers while drawing over half their gross revenue from selling personal information, or control or process personal information of 175,000+ consumers in a yearWrite

Written policy

Publish a privacy notice listing the categories of personal information processed, why it is processed, the categories sold and to whom, how to exercise consumer rights, and how to appeal a refused request. Document a data protection assessment for targeted advertising, data sales, risky profiling, sensitive data and other heightened-risk processing. Get consent before processing sensitive data, run an appeals process, and put a written contract in place with every processor. A written privacy program that reasonably conforms to the NIST Privacy Framework is an affirmative defense.

From the first employee

Tennessee Attorney General and Reporter (exclusive; 60-day cure period, civil investigative demands)

AuthorityTennessee Attorney General - Guidance on the Tennessee Information Protection Act Tennessee Secretary of State - Public Chapter 408 (2023), HB 1181 Report an error

Workplace Safety Programs 1Written programs the state safety agency requires beyond federal OSHA

LawProduceWhat it requiresTriggerEnforced by

Tennessee Occupational Safety and Health Act (TOSHA State Plan)Tenn. Code Ann. title 50, chapter 3; Rules of the Department of Labor and Workforce Development 0800-01-01 through 0800-01-11 #All private-sector and state and local government employers in TennesseeWrite

Written program

Follow the TOSHA general industry, construction and agriculture standards, display the TOSHA Safety and Health poster, keep the OSHA 300 log and related injury and illness records and file the electronic submission where required, and report a workplace fatality within 8 hours and an in-patient hospitalization, amputation or loss of an eye within 24 hours. Tennessee does not impose a general written safety program beyond the federal-equivalent standards, though written programs are required by individual standards such as hazard communication and lockout/tagout.

From the first employee

Tennessee Occupational Safety and Health Administration, Department of Labor and Workforce Development

AuthorityTennessee Department of Labor and Workforce Development - TOSHA Compliance TOSHA - Fatality, Hospitalization and Amputation Reporting OSHA - State Plans Report an error

Required Postings 1The notices every workplace in the state must display

LawProduceWhat it requiresTriggerEnforced by

Required state workplace postersTenn. Code Ann. title 50 (wage, child labor, workers' compensation, unemployment and occupational safety provisions) #Tennessee employers; the department advises that employers with two or more employees, including non-profits and family businesses, must display the state and federal setPost

Posting

Display the four required state posters (TOSHA Safety and Health, Unemployment Insurance, Wage Regulation/Child Labor, and the Workers' Compensation Posting Notice) plus the federal set, in a place employees use such as a break room or time-clock area. The department supplies them free and warns employers never to pay a vendor for them. The Right to Work, Drug-Free Workplace and human trafficking hotline posters are recommended, not required.

From the first employee

Tennessee Department of Labor and Workforce Development

AuthorityTennessee Department of Labor and Workforce Development - Required Posters Tennessee Department of Labor and Workforce Development - Posters Report an error

Licensing and Certifications 2Registrations, licenses and certifications a business or its staff must hold

LawProduceWhat it requiresTriggerEnforced by

Business entity registration and annual reportTenn. Code Ann. title 48 (corporations and LLCs); title 61 (partnerships) #Any corporation, LLC, limited partnership or nonprofit formed in or doing business in TennesseeFile

Filing / record

File formation or foreign qualification documents with the Secretary of State, name a registered agent, and file an annual report through the TNCaB business account to stay in good standing. The office warns businesses that third-party solicitors send look-alike renewal notices.

From the first employee

Tennessee Secretary of State, Division of Business and Charitable Organizations

AuthorityTennessee Secretary of State - Businesses Tennessee Secretary of State - Business Services Report an error

Business tax registration and minimal activity licenseTenn. Code Ann. title 67, chapter 4, part 7 #Businesses selling goods or services in a Tennessee county or municipality with gross receipts of $100,000 or more, plus out-of-state sellers with substantial nexusFile

Filing / record

Register with the Department of Revenue for the state business tax, obtain a city business license where the municipality has enacted the tax, file and pay the annual business tax return, and file a final return within 15 days of closing the business.

From the first employee

Tennessee Department of Revenue and local county and city clerks

AuthorityTennessee Department of Revenue - Business Tax Tennessee Department of Revenue - Business Tax registration and licensing Report an error

Other Written Policies 5Any other document the state makes an employer write or hand out

LawProduceWhat it requiresTriggerEnforced by

Tennessee Lawful Employment Act (employment authorization records / E-Verify)Tenn. Code Ann. §§ 50-1-701 to 50-1-712 #Private employers with six or more employees; employers with 35 or more full-time equivalent employees under one FEIN must use E-Verify, and from January 1, 2027 the act reaches employers with at least one employeeFile

Filing / record

Either run every new hire through federal E-Verify and keep the case results, or request and keep a copy of one of the state's listed identity and work authorization documents before the person starts work. Social security cards and I-9 forms do not count. The same documentation duty covers non-employees paid directly for labor or services. Records must be produced on request during a Labor Standards investigation.

6+ employees

Tennessee Department of Labor and Workforce Development, Labor Standards Unit

AuthorityTennessee Department of Labor and Workforce Development - Employment Verification Tennessee Department of Labor and Workforce Development - Labor Standards Unit Report an error

Tennessee Non-Smoker Protection ActTenn. Code Ann. §§ 39-17-1801 to 39-17-1812 #Owners and operators of enclosed public places and places of employment; limited exemptions include venues restricted to patrons 21 and over, private clubs, hotel smoking rooms and non-enclosed areasPost

Posting

Post 'No Smoking' signs or the international no-smoking symbol at every entrance to a public place or workplace where smoking is banned, tell every existing and prospective employee in writing that smoking is prohibited, and tell any patron found smoking to stop. Penalties escalate from a written warning to $100 and then $500 for repeat violations within twelve months.

From the first employee

Tennessee Department of Health and Tennessee Department of Labor and Workforce Development (Labor Standards Unit), by venue type

AuthorityTennessee Department of Health - Tobacco Use Prevention and Control (Non-Smokers Protection Act, employer responsibilities)Tennessee Department of Labor and Workforce Development - Labor Laws Report an error

Drug-Free Workplace Program (voluntary certification)Tenn. Code Ann. title 50, chapter 9; Rule 0800-02-12 #Any Tennessee employer that chooses to join; participation is optional, not mandatoryCertify

Certification

Adopt a written drug and alcohol policy statement and give it to employees and job applicants before any testing, apply to the Bureau of Workers' Compensation with the policy attached, and renew the application each year with the workers' compensation policy. Certified participants get a 5% workers' compensation premium credit and a shifted burden of proof when an injured employee later fails a post-accident test.

From the first employee

Tennessee Bureau of Workers' Compensation, Department of Labor and Workforce Development

AuthorityTennessee Bureau of Workers' Compensation - Drug-Free Workplace Program Tennessee Bureau of Workers' Compensation - About the Program Rules of the Tennessee Department of Labor and Workforce Development - Drug-Free Workplace Program 0800-02-12 Report an error

Tennessee Pregnant Workers Fairness ActTenn. Code Ann. §§ 50-10-101 to 50-10-104 (Public Chapter 745 of 2020, SB 2520) #Employers with 15 or more employeesWrite

Written policy

Run a good-faith interactive process and provide reasonable accommodations for medical needs arising from pregnancy, childbirth or related conditions unless doing so is an undue hardship, including a private non-bathroom space for expressing milk. Employers may not force leave when another accommodation would work, or count pregnancy-related absences under a no-fault attendance policy. Medical certification may be requested only if it is requested of other employees. The act does not add a poster or a filing.

15+ employees

Commissioner of Labor and Workforce Development; private civil action in chancery or circuit court

AuthorityTennessee Secretary of State - Public Chapter 745 (2020), SB 2520 Tennessee Department of Labor and Workforce Development - Labor Laws Report an error

Child Labor Act (records for minor employees)Tenn. Code Ann. title 50, chapter 5 #Any employer of minors aged 14 to 17File + ack

Filing / record

Keep the signed parental consent form in the minor's personnel file at the work location if 16- and 17-year-olds are to work past 10:00 pm on a school night, keep the school director's letter for church-school and home-schooled students, observe the daily and weekly hour limits, give a 30-minute unpaid break after six consecutive hours, and post the Wage Regulation/Child Labor poster. Where state and federal child labor rules differ, the stricter one applies.

From the first employee

Tennessee Department of Labor and Workforce Development, Labor Standards Unit

AuthorityTennessee Department of Labor and Workforce Development - Child Labor Tennessee Department of Labor and Workforce Development - Required Posters Report an error

Because You Are in Construction 1Industry layer

LawProduceWhat it requiresTriggerEnforced by

Contractor, home improvement contractor and limited licensed trades licensingTenn. Code Ann. title 62, chapter 6; Rules of the Board for Licensing Contractors 0680-01 #General contractors, home improvement contractors, limited licensed electricians and limited licensed plumbers working in TennesseeFile

Filing / record

Hold a license from the Board for Licensing Contractors before bidding or contracting, name a qualifying agent who has passed the business/law and trade exams, and back the requested monetary limit with either a CPA-reviewed or audited financial statement or, since July 1, 2026, the Board's surety bond at 50% of the monetary limit. Licenses are renewed on the Board's cycle.

From the first employee

Tennessee Board for Licensing Contractors, Department of Commerce and Insurance

AuthorityTennessee Board for Licensing Contractors Tennessee Board for Licensing Contractors - Get a License Report an error

Because You Are in Food & Beverage 1Industry layer

LawProduceWhat it requiresTriggerEnforced by

Food service establishment permit (Tennessee Food Safety Act)Tenn. Code Ann. title 68, chapter 14, part 7; Rules of the Department of Health 1200-23-01 #Restaurants, cafes, food trucks, caterers and other places preparing and serving food to the publicFile

Filing / record

Apply to the Department of Health on the commissioner's form and pay the permit fee before opening, pass Environmental Health inspections carried out through local health departments, and designate a person in charge who can demonstrate foodborne illness prevention knowledge, which a certified food protection manager credential from an accredited program satisfies.

From the first employee

Tennessee Department of Health, Environmental Health Program

AuthorityTennessee Department of Health - Environmental Health Tennessee Department of Health - Food Service Establishment Rules 1200-23-01 Tennessee Department of Health - Tennessee Food Safety Act Report an error

Because You Are in Financial & Tax 1Industry layer

LawProduceWhat it requiresTriggerEnforced by

Tennessee Insurance Data Security LawTenn. Code Ann. §§ 56-2-1001 to 56-2-1011 #Insurance licensees of the Department of Commerce and Insurance; licensees with fewer than 25 employees, under $5 million in gross annual revenue or under $10 million in year-end total assets are exempt, as are firms certifying compliance with Gramm-Leach-Bliley Title VCertify

Certification

Build a written information security program from a risk assessment and keep it current. Insurers domiciled in Tennessee file a written certification of compliance with the Commissioner by April 15 each year and keep the supporting records and remediation documentation for five years. Exempt licensees file a written exemption certification instead. Report cybersecurity events to the Commissioner through the department's online system.

25+ employees

Tennessee Department of Commerce and Insurance

AuthorityTennessee Department of Commerce and Insurance - Insurance Companies Cyber Security Tennessee Department of Commerce and Insurance - Cybersecurity Compliance and Exemption Certification form Report an error

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Sources

What a Tennessee business has to have in writing

Headcount

Industry General is always on

Tennessee rules for a 15–19 person general business

Breach Notification 1Who you must tell after a data breach, and how fast

Consumer Privacy Law 1Rights, notices and assessments for consumer data

Workplace Safety Programs 1Written programs the state safety agency requires beyond federal OSHA

Required Postings 1The notices every workplace in the state must display

Licensing and Certifications 2Registrations, licenses and certifications a business or its staff must hold

Other Written Policies 5Any other document the state makes an employer write or hand out

Because You Are in Construction 1Industry layer

Because You Are in Food & Beverage 1Industry layer

Because You Are in Financial & Tax 1Industry layer

Federal rules for a 15–19 person general business

Keep Your Written Policies in One Place

Your business type, with Tennessee on top

For another state

Find a Consultant Who Does This Work

Sources

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