Tennessee Senate Bill SB2396

Tennessee 2025-2026 Regular Session

• Introduced: 2/2/26

Caption

AN ACT to amend Tennessee Code Annotated, Title 29 and Title 39, relative to criminal offenses.

Impact

If enacted, SB2396 will amend existing Tennessee Code Annotated statutes, particularly in Titles 29 and 39, thereby creating new criminal offenses. Violations of the law could be classified as Class E or Class D felonies, depending on the severity and nature of the offenses. Employers could face hefty fines ranging from $50,000 to $500,000 and mandated compliance monitoring if they are convicted under the provisions of the bill. The bill also creates pathways for affected workers and competing businesses to recoup damages through civil courts, adding a layer of accountability for employers that violate labor standards.

Summary

Senate Bill 2396 aims to address various issues related to labor trafficking and the exploitation of unauthorized workers in Tennessee. The legislation introduces criminal penalties for employers who are found to facilitate labor trafficking of foreign workers, as well as those who systematically evade employment verification and reporting requirements. This is intended to strengthen protections for lawful workers and maintain integrity in the state’s labor market. Key provisions establish clear definitions of terms related to employment, such as 'unauthorized worker' and 'systematic evasion of verification.'

Contention

The bill may face contention due to its implications for businesses, particularly in sectors that rely heavily on labor, where the distinction between authorized and unauthorized employment is critical. Critics argue that stringent penalties might inadvertently harm law-abiding employers and could lead to discrimination practices against workers based on their appearance or nationality. Additionally, the provision that holds business owners and high-level employees personally accountable for violations may lead to opposition from the business community, citing fears of overreach in regulatory practices.