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2023

New Hemp-Derived Cannabinoid Regulations

Effective May 11, 2023, the sale and distribution of products containing a hemp-derived cannabinoid became subject to new state regulations; however, recreation and medical cannabis continue to be illegal.

Under the new regulations, the use of a hemp-derived cannabinoid is not permitted:

  • If it would constitute negligence or professional malpractice; or
  • When operating any vehicle.

Additionally, employers aren’t required to accommodate its use in the workplace. Employers may also impose and enforce a drug-free workplace.

E-Verify Requirements Expanded

As of January 1, 2023, Tennessee requires employers that have 35 or more full-time equivalent employees to use E-Verify. The law doesn’t define full-time equivalent, but Resourcing Edge would suggest at least counting employees who work 30 hours a week or more (which is the standard under the federal Affordable Care Act). Previously, Tennessee required employers with 50 or more employees to use E-Verify.

In addition, Tennessee updated its law to clarify that employers are required to keep documentation of the E-Verify case result that specifically shows that the employee is authorized to work in the United States. This documentation could be, for example, each employee’s E-Verify result or the E-Verify Quick Audit Report. Under both the current and amended version of the law, this documentation requirement applies to employers that use E-Verify and have six or more employees.

This brings up a broader point about Tennessee’s work authorization law: Tennessee law requires employers to either use E-Verify or keep a copy of a document from a specific list. Technically, this requirement applies to employers that have six or more employees. However, Resourcing Edge recommends that all employers follow this requirement because the Tennessee Department of Labor & Workforce Development says that it could enforce it against employers retroactively once they reach the six-employee mark. Given that former employees are often hard to track down, satisfying these requirements regardless of your employee count is the safest approach.

HR Services Team
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