SB 370 — Requiring certain documents that contain wage records be considered confidential

NEWS RELEASES HELPFUL LINKS IntroducedSB370 VersionSUB1 « Senate Bill 370 History OTHER VERSIONS  —  CommitteeIntroduced SubstituteVersion (1)  |   |  Email Key:

Red = new code to be enacted WEST virginia legislature regular session IntroducedCommittee Substitute for Senate Bill 370 By Senator Swope [Introduced[Originating Februaryin 19,the 2021;Committee on the Workforce;

referredreported toon theMarch Committee4, on2021] the  Workforce]  A BILL to amend the Code of West Virginia, 1931, as amended, by adding thereto a new section, designated §5-22-4;

Prohibition on requiringdisclosing submission of wage records;

(a)  ThisBill articleStatus  |  appliesBill toTracking  |  expendituresLegacy forWV constructionCode  |  projectsBulletin byBoard  |  anyDistrict publicMaps  |  authoritySenate forRoster  |  publicHouse improvementsRoster  |  asLive  |  definedBlog  |  Jobs  |  Links  |  Home This Web site is maintained by thisthe article.West Virginia Legislature's Office of Reference & Information.

(b) For public improvement projects let pursuant to this article, the public authority shall file, or require an employer as defined in §21-1C-2 of this code to file, with the Division of Labor copies of the waiver certificates and a certified payrolls, pursuant to §21-5A-1 et seq.

of this code, or other comparable documents that include the number of employees, the county and state wherein the employees reside and their occupation payroll document that includes:

(1) The name and address of the employer;

(2) Identification of the payroll number and the work week ending date;

(3) The name of the project location;

(4) Identification of the contract number;

and (5) The name of each employee, including the following information for each employee:

(A) The employee’s work classification or job title;

(B) The county and state of residence;

(C) The days and hours worked;

(D) The hourly rate of pay or salary;

(E) Gross wages;

(F) Federal and state withholding amounts, or other authorized deductions;

and (G) Net pay.

(c) The Division of Labor shall compile the information required by this section and submit it annually to the Joint Committee on Government and Finance by October 15.  The joint committee may forward these reports to the Legislative Auditor to review and make comments regarding the usefulness of the information collected and to suggest changes to the division’s method of reporting to ensure the information collected will prove useful in evaluating the effectiveness of the provisions of this article.

(d) Each public authority has the duty to shall implement the reporting requirements of this article.

Every public improvement contract or subcontract let by a public authority shall contain provisions conforming to the requirements of this article.

(e) The Division of Labor is authorized to may establish procedures for the efficient collection of data, collection of civil penalties prescribed in §21-1C-6 of this code, and transmittal of data to the Joint Committee on Government and Finance.

(f) Any document filed or submitted pursuant to this section that includes records of actual wages paid to employees may not be disclosed by the Division of Labor or a public authority to any other entity or person:

Provided, That this prohibition does not prevent disclosure of the document or information contained therein to another state or federal agency.

Any such document shall be considered confidential and proprietary, and may not be considered a public record, for the purposes of §29B-1-1 et seq.

of this code.

    NOTE:

The purpose of this bill is to require that certain documents that contain records of wages be considered confidential.

Strike-throughs indicate language that would be stricken from a heading or the present law and underscoring indicates new language that would be added.

Bill Status  |  Bill Tracking  |  Legacy WV Code  |  Bulletin Board  |  District Maps  |  Senate Roster  |  House Roster  |  Live  |  Blog  |  Jobs  |  Links  |  Home This Web site is maintained by the West Virginia Legislature's Office of Reference & Information.