ENROLLED
COMMITTEE SUBSTITUTE
FOR
Senate Bill No. 372
(By Senators Tomblin, Mr. President, and Buckalew,
By Request of the Executive)
____________
[Passed April 12, 1997; in effect ninety days from passage.]
____________
AN ACT to amend and reenact sections fifteen, sixteen and
seventeen, article one-a, chapter twenty-one-a of the code
of West Virginia, one thousand nine hundred thirty-one, as
amended;
to amend article six of said chapter by adding
thereto a new section, designated section seventeen; and to
amend and reenact sections eleven and nineteen, article ten
of said chapter, all relating generally to unemployment
compensation; clarifying definitions of employer and
employment; providing that agricultural labor if performed
by certain aliens is not employment; authorizing food stamp
overissuance intercept of unemployment benefits; codifying
reporting requirements and required information; providing
exemptions to confidentiality requirements; allowing use of
information; and clarifying that breach of confidentiality
provisions are criminal violations.
Be it enacted by the Legislature of West Virginia:
That sections fifteen, sixteen and seventeen, article one-a,
chapter twenty-one-a of the code of West Virginia, one thousand
nine hundred thirty-one, as amended, be amended and reenacted;
that article six of said chapter be amended by adding thereto a
new section, designated section seventeen; and that sections
eleven and nineteen, article ten of said chapter be amended and
reenacted, all to read as follows:
ARTICLE 1A. DEFINITIONS.
§21A-1A-15. Employer.
"Employer" means:
(1) Any employing unit which is or becomes a liable employer
under any federal unemployment tax act;
(2) Any employing unit which has acquired or acquires the
organization, trade or business, or substantially all the assets
thereof, of an employing unit which at the time of such
acquisition was an employer subject to this chapter;
(3) For the effective period of its election pursuant to
section three, article five of this chapter, any employing unit
which has elected to become subject to this chapter;
(4) Any employing unit which: (A) In any calendar quarter
in either the current or preceding calendar year paid for service
in employment wages of one thousand five hundred dollars or more;
or (B) for some portion of a day in each of twenty different
calendar weeks, whether or not the weeks were consecutive, in
either the current or the preceding calendar year had in employment at least one individual (irrespective of whether the
same individual was in employment in each day) except as provided
in subdivisions (7) and (8) of this section;
(5) Any employing unit for which service in employment, as
defined in subdivision (9), section sixteen of this article, the
definition of "employment" in this article is performed;
(6) Any employing unit for which service in employment, as
defined in subdivision (10), section sixteen of this article, the
definition of "employment" in this article is performed;
(7) Any employing unit for which agricultural labor, as
defined in subdivision (12), section sixteen of this article, the
definition of "employment" is performed; or
(8) Any employing unit for which domestic service in
employment, as defined in subdivision (13), section sixteen of
this article, the definition of "employment" is performed.
§21A-1A-16. Employment.
"Employment", subject to the other provisions of this
article, means:
(1) Service, including service in interstate commerce,
performed for wages or under any contract of hire, written or
oral, express or implied;
(2) Any service performed by an employee, as defined in
Section 3306(i) of the federal Unemployment Tax Act, including
service in interstate commerce;
(3) Any service performed, including service in interstate commerce, by any officer of a corporation;
(4) An individual's entire service, performed within or both
within and without this state if: (A) The service is localized
in this state; or (B) the service is not localized in any state
but some of the service is performed in this state and: (i) The
base of operations, or, if there is no base of operations, then
the place from which the service is directed or controlled, is in
this state; or (ii) the base of operations or place from which
the
service is directed or controlled is not in any state in
which some part of the service is performed but the individual's
residence is in this state;
(5) Service not covered under subdivision (4) of this
section and performed entirely without this state with respect to
no part of which contributions are required and paid under an
unemployment compensation law of any other state or of the
federal government, is employment subject to this chapter if the
individual performing the services is a resident of this state
and the commissioner approves the election of the employing unit
for whom the services are performed that the entire service of
the
individual is employment subject to this chapter;
(6) Service is localized within a state, if: (A) The
service is performed entirely within the state; or (B) the
service is performed both within and without the state, but the
service performed without the state is incidental to the
individual's service within this state, as, for example, is temporary or transitory in nature or consists of isolated
transactions;
(7) Services performed by an individual for wages are
employment subject to this chapter unless and until it is shown
to the satisfaction of the commissioner that: (A) The individual
has been and will continue to be free from control or direction
over the performance of the services, both under his or her
contract of service and in fact; and (B) the service is either
outside the usual course of the business for which the service is
performed or that such service is performed outside of all the
places of business of the enterprise for which such service is
performed; and (C) the individual is customarily engaged in an
independently established trade, occupation, profession or
business;
(8) All service performed by an officer or member of the
crew of an American vessel (as defined in Section 305 of an act
of Congress entitled Social Security Act Amendment of 1946,
approved the tenth day of August, one thousand nine hundred
forty-six), on or in connection with the vessel, provided that
the operating office, from which the operations of the vessel
operating on navigable waters within and without the United
States is ordinarily and regularly supervised, managed, directed
and controlled, is within this state;
(9) (A) Service performed by an individual in the employ of
this state or any of its instrumentalities (or in the employ of this state and one or more other states or their
instrumentalities) for a hospital or institution of higher
education located in this state: Provided, That the service is
excluded from "employment" as defined in the federal Unemployment
Tax Act solely by reason of Section 3306(c)(7) of that act and is
not excluded from "employment" under subdivision (9), section
seventeen of this article;
(B) Service performed in the employ of this state or any of
its instrumentalities or political subdivisions thereof or any of
its instrumentalities or any instrumentality of more than one of
the foregoing or any instrumentality of any foregoing and one or
more other states or political subdivisions: Provided, That the
service is excluded from "employment" as defined in the federal
Unemployment Tax Act by Section 3306(c)(7) of that act and is not
excluded from "employment" under subdivision (13), section
seventeen of this article; and
(C) Service performed in the employ of a nonprofit
educational institution which is not an institution of higher
education;
(10) Service performed by an individual in the employ of a
religious, charitable, educational or other organization but only
if the following conditions are met:
(A) The service is excluded from "employment" as defined in
the federal Unemployment Tax Act solely by reason of Section
3306(c)(8) of that act; and
(B) The organization had four or more individuals in
employment for some portion of a day in each of twenty different
weeks, whether or not the weeks were consecutive, within either
the current or preceding calendar year, regardless of whether
they were employed at the same moment of time;
(11) Service of an individual who is a citizen of the United
States, performed outside the United States after the thirty- first day of December, one thousand nine hundred seventy-one
(except in Canada and in the case of the Virgin Islands after the
thirty-first day of December, one thousand nine hundred seventy- one, and before the first day of January, the year following the
year in which the secretary of labor approves for the first time
an unemployment insurance law submitted to him or her by the
Virgin Islands for approval), in the employ of an American
employer (other than service which is considered "employment"
under the provisions of subdivision (4), (5) or (6) of this
section or the parallel provisions of another state's law) if:
(A) The employer's principal place of business in the United
States is located in this state; or
(B) The employer has no place of business in the United
States, but: (i) The employer is an individual who is a resident
of this state; or (ii) the employer is a corporation which is
organized under the laws of this state; or (iii) the employer is
a partnership or a trust and the number of the partners or
trustees who are residents of this state is greater than the number who are residents of any one other state; or
(C) None of the criteria of paragraphs (A) and (B) of this
subdivision is met but the employer has elected coverage in this
state or, the employer having failed to elect coverage in any
state, the individual has filed a claim for benefits, based on
the
service, under the law of this state.
(D) An "American employer", for purposes of this
subdivision, means a person who is: (i) An individual who is a
resident of the United States; or (ii) a partnership if two
thirds or more of the partners are residents of the United
States; or (iii) a trust, if all of the trustees are residents of
the United States; or (iv) a corporation organized under the laws
of the United States or of any state;
(12) Service performed by an individual in agricultural
labor as defined in subdivision (3), section seventeen of this
article when:
(A) The service is performed for a person who: (i) During
any calendar quarter in either the current or the preceding
calendar year paid remuneration in cash of twenty thousand
dollars or more to individuals employed in agricultural labor
including labor performed by an alien referred to in paragraph
(B) of this subdivision; or (ii) for some portion of a day in
each of twenty different calendar weeks, whether or not the weeks
were consecutive, in either the current or the preceding calendar
year, employed in agricultural labor, including labor performed by an alien referred to in paragraph (B) of this subdivision, ten
or more individuals, regardless of whether they were employed at
the same moment of time;
(B) The service is not performed in agricultural labor if
performed by an individual who is an alien admitted to the United
States to perform service in agricultural labor pursuant to
Sections 214(c) and 101(a)(15)(H) of the Immigration and
Nationality Act;
(C) For the purposes of the definition of employment, any
individual who is a member of a crew furnished by a crew leader
to perform service in agricultural labor for any other person
shall be treated as an employee of the crew leader: (i) If the
crew leader holds a valid certificate of registration under the
Migrant and Seasonal Agricultural Worker Protection Act; or
substantially all the members of the crew operate or maintain
tractors, mechanized harvesting or crop-dusting equipment, or any
other mechanized equipment, which is provided by the crew leader;
and (ii) if the other person is not otherwise an employer of the
individual;
(D) For the purposes of this subdivision, in the case of any
individual who is furnished by a crew leader to perform service
in agricultural labor for any other person and who is not treated
as an employee of the crew leader under paragraph (C) of this
subdivision: (i) The other person and not the crew leader shall
be treated as the employer of the individual; and (ii) the other person shall be treated as having paid cash remuneration to the
individual in an amount equal to the amount of cash remuneration
paid to the individual by the crew leader (either on his or her
own behalf or on behalf of the other person) for the service in
agricultural labor performed for the other person; and
(E) For the purposes of this subdivision, the term "crew
leader" means an individual who: (i) Furnishes individuals to
perform service in agricultural labor for any other person; (ii)
pays (either on his or her own behalf or on behalf of the other
person) the individuals so furnished by him or her for the
service in agricultural labor performed by them; and (iii) has
not entered into a written agreement with the other person under
which the individual is designated as an employee of the other
person;
(13) (A) The term "employment" includes domestic service in
a private home, local college club or local chapter of a college
fraternity or sorority performed for a person who paid cash
remuneration of one thousand dollars or more in any calendar
quarter in the current calendar year or the preceding calendar
year to individuals employed in domestic service; and
(B) Notwithstanding the foregoing definition of
"employment", if the services performed during one half or more
of any pay period by an employee for the person employing him or
her constitute employment, all the services of the employee for
the period are employment; but if the services performed during more than one half of any such pay period by an employee for the
person employing him or her do not constitute employment, then
none of the services of the employee for the period are
employment.
§21A-1A-17. Employment does not include.
The term "employment" does not include:
(1) Service performed in the employ of the United States or
any instrumentality of the United States exempt under the
constitution of the United States from the payments imposed by
this law, except that to the extent that the Congress of the
United States shall permit states to require any
instrumentalities of the United States to make payments into an
unemployment fund under a state unemployment compensation law,
all of the provisions of this law shall be applicable to the
instrumentalities and to service performed for the
instrumentalities in the same manner, to the same extent and on
the same terms as to all other employers, employing units,
individuals and services: Provided, That if this state is not
certified for any year by the secretary of labor under Section
1603(c) of the federal Internal Revenue Code, the payments
required of the instrumentalities with respect to the year shall
be refunded by the commissioner from the fund in the same manner
and within the same period as is provided in section nineteen,
article five of this chapter, with respect to payments
erroneously collected;
(2) Service performed with respect to which unemployment
compensation is payable under the Railroad Unemployment Insurance
Act and service with respect to which unemployment benefits are
payable under an unemployment compensation system for maritime
employees established by an act of Congress. The commissioner
may enter into agreements with the proper agency established
under an act of Congress to provide reciprocal treatment to
individuals who, after acquiring potential rights to unemployment
compensation under an act of Congress, or who have, after
acquiring potential rights to unemployment compensation under an
act of Congress, acquired rights to benefit under this chapter.
Such agreement shall become effective ten days after the
publications which shall comply with the general rules of the
department;
(3) Service performed by an individual in agricultural
labor, except as provided in subdivision (12), section sixteen of
this article, the definition of "employment". For purposes of
this subdivision, the term "agricultural labor" includes all
services performed:
(A) On a farm, in the employ of any person, in connection
with cultivating the soil, or in connection with raising or
harvesting any agricultural or horticultural commodity, including
the raising, shearing, feeding, caring for, training and
management of livestock, bees, poultry and fur-bearing animals
and wildlife;
(B) In the employ of the owner or tenant or other operator
of a farm, in connection with the operation, management,
conservation, improvement or maintenance of the farm and its
tools and equipment, or in salvaging timber or clearing land of
brush and other debris left by a hurricane, if the major part of
the service is performed on a farm;
(C) In connection with the production or harvesting of any
commodity defined as an agricultural commodity in Section (15)(g)
of the Agricultural Marketing Act, as amended, or in connection
with the ginning of cotton, or in connection with the operation
or maintenance of ditches, canals, reservoirs or waterways, not
owned or operated for profit, used exclusively for supplying and
storing water for farming purposes;
(D) (i) In the employ of the operator of a farm in handling,
planting, drying, packing, packaging, processing, freezing,
grading, storing or delivering to storage or to market or to a
carrier for transportation to market, in its unmanufactured
state, any agricultural or horticultural commodity; but only if
the operator produced more than one half of the commodity with
respect to which the service is performed; or (ii) in the employ
of a group of operators of farms (or a cooperative organization
of which the operators are members) in the performance of service
described in subparagraph (i) of this paragraph, but only if the
operators produced more than one half of the commodity with
respect to which the service is performed; but the provisions of subparagraphs (i) and (ii) of this paragraph are not applicable
with respect to service performed in connection with commercial
canning or commercial freezing or in connection with any
agricultural or horticultural commodity after its delivery to a
terminal market for distribution for consumption;
(E) On a farm operated for profit if the service is not in
the course of the employer's trade or business or is domestic
service in a private home of the employer. As used in this
subdivision, the term "farm" includes stock, dairy, poultry,
fruit, fur-bearing animals, truck farms, plantations, ranches,
greenhouses, ranges and nurseries, or other similar land areas or
structures used primarily for the raising of any agricultural or
horticultural commodities;
(4) Domestic service in a private home except as provided in
subdivision (13), section sixteen of this article, the definition
of "employment";
(5) Service performed by an individual in the employ of his
or her son, daughter or spouse;
(6) Service performed by a child under the age of eighteen
years in the employ of his or her father or mother;
(7) Service as an officer or member of a crew of an American
vessel, performed on or in connection with the vessel, if the
operating office, from which the operations of the vessel
operating on navigable waters within or without the United States
are ordinarily and regularly supervised, managed, directed and controlled, is without this state;
(8) Service performed by agents of mutual fund broker- dealers or insurance companies, exclusive of industrial insurance
agents, or by agents of investment companies, who are compensated
wholly on a commission basis;
(9) Service performed: (A) In the employ of a church or
convention or association of churches, or an organization which
is operated primarily for religious purposes and which is
operated, supervised, controlled or principally supported by a
church or convention or association of churches; or (B) by a duly
ordained, commissioned or licensed minister of a church in the
exercise of his or her ministry or by a member of a religious
order in the exercise of duties required by the order; or (C) in
a facility conducted for the purpose of carrying out a program of
rehabilitation for individuals whose earning capacity is impaired
by age or physical or mental deficiency or injury or providing
remunerative work for individuals who because of their impaired
physical or mental capacity cannot be readily absorbed in the
competitive labor market by an individual receiving the
rehabilitation or remunerative work; or (D) as part of an
unemployment work-relief or work-training program assisted or
financed, in whole or in part, by any federal agency or an agency
of a state or political subdivision thereof, by an individual
receiving the work relief or work training; or (E) by an inmate
of a custodial or penal institution;
(10) Service performed in the employ of a school, college or
university, if the service is performed: (A) By a student who is
enrolled and is regularly attending classes at the school,
college or university; or (B) by the spouse of a student, if the
spouse is advised, at the time the spouse commences to perform
the service, that: (i) The employment of the spouse to perform
the service is provided under a program to provide financial
assistance to the student by the school, college or university;
and (ii) the employment will not be covered by any program of
unemployment insurance;
(11) Service performed by an individual who is enrolled at
a nonprofit or public educational institution which normally
maintains a regular faculty and curriculum and normally has a
regularly organized body of students in attendance at the place
where its educational activities are carried on as a student in
a full-time program, taken for credit at the institution, which
combines academic instruction with work experience, if the
service is an integral part of the program, and the institution
has so certified to the employer, except that this subdivision
does not apply to service performed in a program established for
or on behalf of an employer or group of employers;
(12) Service performed in the employ of a hospital, if the
service is performed by a patient of the hospital, as defined in
this article; and
(13) Service in the employ of a governmental entity referred to in subdivision (9), section sixteen of this article, the
definition of "employment" if the service is performed by an
individual in the exercise of duties: (A) As an elected
official; (B) as a member of a legislative body, or a member of
the judiciary, of a state or political subdivision; (C) as a
member of the state national guard or air national guard; (D) as
an employee serving on a temporary basis in case of fire, storm,
snow, earthquake, flood or similar emergency; (E) in a position
which, under or pursuant to the laws of this state, is designated
as: (i) A major nontenured policymaking or advisory position; or
(ii) a policymaking or advisory position the performance of the
duties of which ordinarily does not require more than eight hours
per week.
Notwithstanding the foregoing exclusions from the definition
of "employment", services, except agricultural labor and domestic
service in a private home, are in employment if with respect to
the services a tax is required to be paid under any federal law
imposing a tax against which credit may be taken for
contributions required to be paid into a state unemployment
compensation fund, or which as a condition for full tax credit
against the tax imposed by the federal Unemployment Tax Act are
required to be covered under this chapter.
ARTICLE 6. EMPLOYEE ELIGIBILITY; BENEFITS.
§21A-6-17. Food stamp overissuance intercept of unemployment
benefits.
(a) Notwithstanding the provisions of section two, article
ten of this chapter, the commissioner shall deduct and withhold
from any unemployment compensation payable to an individual that
owes an uncollected overissuance of food stamp coupons, as
defined under subsection (f) of this section:
(1) The amount, if any, determined pursuant to a written
agreement between the individual and the department of health and
human resources under Section 13(c)(3)(A) of the Food Stamp Act
of 1977, as codified in 7 U.S.C. 2022(c)(3)(A), and submitted to
the commissioner; or
(2) Any amount otherwise required to be deducted and
withheld from such unemployment compensation pursuant to legal
process, as that term is used in Section 13(c)(3)(B) of the Food
Stamp Act of 1977, as codified in 7 U.S.C. 2022(c)(3)(B) properly
served upon the commissioner.
(b) Any amount deducted and withheld under subsection (a) of
this section shall be paid by the commissioner to the department
of health and human resources.
(c) Any amount deducted and withheld under subsection (a) of
this section shall for all purposes be treated as if it were paid
to the individual as unemployment compensation and paid by the
individual to the department of health and human resources in
satisfaction of the individual's uncollected overissuance.
(d) For purposes of this section, the term "unemployment
compensation" means any compensation payable under this chapter, including amounts payable by the commissioner pursuant to an
agreement under any federal law providing for compensation,
assistance or allowances with respect to unemployment.
(e) This section applies only if appropriate arrangements
have been made for reimbursement by the department of health and
human resources for the administrative costs incurred by the
commissioner under this section which are attributable to
uncollected overissuance being enforced by the state or
department of health and human resources.
(f) The term "uncollected overissuance" means, for purposes
of this section, obligations which are being enforced pursuant to
a plan described in Section 13(c)(1) of the Food Stamp Act of
1977, as codified in 7 U.S.C. 2022(c)(1).
ARTICLE 10. GENERAL PROVISIONS.
§21A-10-11. Reporting requirements and required information; use
of information; 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:
(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, which shall include
the first eight thousand dollars of remuneration and all amounts
in excess of such amount, notwithstanding subdivision (1),
subsection (b), section twenty-eight, article one-a of this
chapter;
(3) The total gross wages paid within the quarter for
employment, which includes money wages and the cash value of
other remuneration, and shall include the first eight thousand
dollars of remuneration paid to each employee and all amounts in
excess of such amount, notwithstanding subdivision (1),
subsection (b), section twenty-eight, article one-a of this
chapter; and
(4) Other information as is reasonably connected with the
administration of this chapter.
(b) Information thus obtained may not be published or be
open to public inspection so as 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 thus obtained
to the following governmental entities for purposes consistent
with state and federal laws:
(1) The 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; secondary, post-secondary and
vocational education; vocational rehabilitation, employment and
training, including, but not limited to, the administration of
the Perkins Act and the Job Training and Partnership 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 and the contractor licensing provisions of chapter twenty- one of this code;
(7) 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;
(8) Any claimant for benefits or any other interested party
to the extent necessary for the proper presentation or defense of
a claim; and
(9) The division of workers' compensation for purposes of
collection and enforcement: Provided, That the division of
workers' compensation shall provide similar information to the
other divisions of the bureau of employment programs.
(d) The agencies or organizations which receive information under subsection (c) of this section shall agree that the
information shall remain confidential so 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 the bureau of employment programs for
any cost associated therewith.
(f) The commissioner may refuse to provide any information
requested under this section if the agency or organization 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 misdemeanor and, upon conviction
thereof, shall be fined not less than twenty dollars nor more
than two hundred dollars, or imprisoned not longer than ninety
days, or both.
(h) No action for slander or libel, either criminal or
civil, shall 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.
§21A-10-19. Disclosure of information to child support agencies.
(a) The bureau of employment programs shall disclose, upon
request, to officers or employees of any state or local child
support enforcement agency, and to employees of the federal
secretary of health and human services, any wage and benefit
information with respect to individuals which is contained in its
records.
The term "state or local child support enforcement agency"
means any agency of a state or political subdivision thereof
operating pursuant to a plan described in Section 453, 453a or
454 of the Social Security Act, which has been approved by the
secretary of health and human services under Part D, Title IV of
the Social Security Act.
(b) The requesting agency shall agree that the information
is to be used only for the purpose of establishing and collecting
child support obligations from, and locating, individuals owing
the obligations which are being enforced pursuant to a plan
described in Section 453, 453a or 454 of the Social Security Act which has been approved by the secretary of health and human
services under Part D, Title IV of the Social Security Act.
(c) The information may not be released unless the
requesting agency agrees to reimburse the costs involved for
furnishing the information.
(d) In addition to the requirements of this section, all
other requirements with respect to confidentiality of information
obtained in the administration of this chapter and the sanctions
imposed on improper disclosure shall apply to the use of the
information by officers, and employees of child support
enforcement agencies. A state or local child support enforcement
agency may disclose to any agent of the agency that is under
contract with the agency to carry out the purposes described in
subsection (b) of this section, wage information that is
disclosed to an officer or employee of the agency under
subsection (a) of this section. Any agent of a state or local
child support agency that receives wage information under this
paragraph shall comply with the safeguards established to keep
the information confidential and is subject to the criminal
provisions of subsection (g), section eleven of this article.