West Virginia Code § 21A-10-11

Reporting requirements and required information; use of information;
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libel and slander actions prohibited.
(a) Each employer, including labor organizations as defined in subsection (i) of this section,
shall, quarterly, submit certified reports on or before the last day of the month next
following the calendar quarter, on forms to be prescribed by the commissioner. The reports
shall contain: e
(1) The employer's assigned unemployment compensation registration number, the
employer's name, and the address at which the employer's payroll records are maintained;
(2) Each employee's Social Security account number, name, and the gross wages paid to
each employee, including any remunerations below and above the threshold wage described
by §21A-1A-28 of this code;
(3) The total gross wages paid within the quarter for employment, which includes money
wages and the cash value of other remuneration, inlcluding any remunerations below and
above the threshold wage described by §21A-1sA-28 of this code;
(4) Each employee's job title and the countiy in which the majority of the employee's job
duties are performed; and
(5) Other information that is reasonably connected with the administration of this chapter.
(b) Information obtained may not be published or be open to public inspection to reveal the
identity of the employing unit or the individual.
(c) Notwithstanding the provisions of subsection (b) of this section, the commissioner may
provide information obtained to the following governmental entities for purposes consistent
with state and federal laws:
(1) WThe United States Department of Agriculture;
(2) The state agency responsible for enforcement of the Medicaid program under Title XIX of
the Social Security Act;
(3) The United States Department of Health and Human Services or any state or federal
program operating and approved under Title I, Title II, Title X, Title XIV or Title XVI of the
Social Security Act;
(4) Those agencies of state government responsible for economic and community
development; early childhood, primary, secondary, postsecondary, and vocational education;
the West Virginia P-20 longitudinal data system established pursuant to §18B-1D-10 of this
code; and vocational rehabilitation, employment, and training, including, but not limited to,
the administration of the Perkins Act and the Workforce Innovation and Opportunity Act;
(5) The Tax Division, but only for the purposes of collection and enforcement;
(6) The Division of Labor for purposes of enforcing the wage bond pursuant to the provisions
of §21-5-14 of this code;
(7) The contractors licensing board for the purpose of enforcing the contractors licensing
provisions pursuant to §30-42-1 et seq. of this code;
(8) Any agency of this or any other state, or any federal agency, charged with the
administration of an unemployment compensation law or the maintenance of a system of
public employment offices; u
(9) Any claimant for benefits or any other interested party to the extent necessary for the
proper presentation or defense of a claim; and
(10) The Insurance Commissioner for purposes of its Workers Compensation regulatory
duties. l
(d) The agencies or organizations which receive information under subsection (c) of this
section shall agree that the information shall remain confidential as not to reveal the identity
of the employing unit or the individual consistent with the provisions of this chapter.
(e) The commissioner may, before furnishing any information permitted under this section,
require that those who request the information shall reimburse WorkForce West Virginia for
any cost associated for furnishing the information.
(f) The commissioner may refuse to provide any information requested under this section if
the agency or organi zation making the request does not certify that it will comply with the
state and federal law protecting the confidentiality of the information.
(g) A person who violates the confidentiality provisions of this section is guilty of a
misWdemeanor and, upon conviction thereof, shall be fined not less than $20 nor more than
$200 or confined in a county or regional jail not longer than 90 days, or both.
(h) An action for slander or libel, either criminal or civil, may not be predicated upon
information furnished by any employer or any employee to the commissioner in connection
with the administration of any of the provisions of this chapter.
(i) For purposes of subsection (a) of this section, the term "labor organization" means any
organization of any kind, or any agency or employee representation committee or plan, in
which employees participate and which exists for the purpose, in whole or in part, of dealing
with employers concerning grievances, labor disputes, wages, rates of pay, hours of
employment, or conditions of work. It includes any entity, also known as a hiring hall, which
is used by the organization and an employer to carry out requirements described in 29 U. S.
C. §158(f)(3) of an agreement between the organization and the employer.

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