HB 562 / SB 1048

This bill ensures that no governor, political subdivision, or public official in Tennessee can declare certain jobs or businesses “non-essential” and prohibit people from earning a living during a state of emergency. This bill directly addresses the overreach that occurred during COVID-19, where thousands of hardworking Tennesseans were forced out of work based on arbitrary classifications of essential vs. non-essential occupations.

Under this legislation, all lawful occupations must be allowed to operate, regardless of emergency declarations. No government order, rule, or regulation can be used to shut down businesses or prevent individuals from engaging in their trade, profession, or business simply because it has been deemed non-essential. This ensures that the right to work and provide for one’s family is never again subject to government mandates.

The bill also creates a legal remedy for anyone harmed by a violation of this protection. If a government entity or public official unlawfully shuts down a business or prevents someone from working, the affected person can bring a civil lawsuit for damages and recover litigation costs, including attorney fees. Additionally, public officials who personally engage in such violations may be held personally liable.

By passing this legislation, Tennessee takes a bold step in protecting individual liberty, preventing government overreach, and ensuring that no worker or business is arbitrarily shut down in future emergencies. This legislation upholds the fundamental right to work and reinforces that economic freedom is not a privilege granted by government, but a basic liberty that must never be taken away.