Kim Hardy v. Tournament Players Club at Southwind, Inc., d/b/a TPC Southwind,
The Tennessee Supreme Court granted an interlocutory appeal to determine if an employee has a private right of action against an employer under the Tennessee Tip Statute (Tenn. Code Ann. section 50-2-107) for improper tip payment. The trial court initially dismissed the employee's claim, finding no such private right. However, the Court of Appeals reversed this decision, relying on its prior 1998 holding in *Owens v. University Club of Memphis*. The Supreme Court found that the *Owens* decision was inconsistent with its subsequent jurisprudence on implying private rights of action, particularly in *Brown* and *Premium Finance*. Consequently, the Court declined to apply the doctrine of legislative inaction and held that no private right of action exists under section 50-2-107. The Supreme Court reversed the Court of Appeals' judgment and affirmed the trial court's dismissal.