CT Gen Stat § 31-254 (2020)
2020 Connecticut General Statutes|Title 31 - Labor|Chapter 567 - Unemployment Compensation|Section 31-254 - Records and reports. State directory of new hires. Disclosure.

 (a)(1) Each employer, whether or not otherwise subject to this chapter, shall keep accurate records of employment as defined in subsection (a) of section 31-222, containing such information as the administrator may by regulation prescribe in order to effectuate the purposes of this chapter. Such records shall be open to, and available for, inspection and copying by the administrator or his authorized representatives at any reasonable time and as often as may be necessary. The administrator may require from any employer, whether or not otherwise subject to this chapter, any sworn or unsworn reports with respect to persons employed by him which are necessary for the effective administration of this chapter. Except as provided in subdivision (2) of this subsection and subsection (g) of this section, information obtained shall not be published or be open to public inspection, other than to public employees in the performance of their public duties, in any manner revealing the employee's or the employer's identity, but any claimant at a hearing before a commissioner shall be supplied with information from such records to the extent necessary for the proper presentation of his claim. Any employee of the administrator, or any other public employee, who violates any provision of this section shall be fined not more than two hundred dollars or imprisoned not more than six months or both and shall be dismissed from the service. Reports or records which have been required by the administrator and which have been used in computing benefit rights of claimants or in the determination of the amounts and rates of contributions shall be preserved by the administrator for a period of at least four years. Those records or reports required by the administrator which have not been used for the purpose of computing benefit rights or in the determination of the amounts or rates of contributions shall be preserved by the administrator for at least two and one-half years. Such records or reports may, after preservation for the minimum period required by this section, be destroyed by the administrator in his discretion, notwithstanding the provisions of section 11-8a. Notwithstanding any of the disclosure provisions of this chapter, the administrator shall provide upon request of the public agency administering the TANF and child support programs, any information in his possession relating to individuals: (A) Who are receiving, have received, or have applied for unemployment insurance; (B) the amount of benefits being received; (C) the current home address of such individuals; and (D) whether any offer of work has been refused and, if so, a description of the job and the terms, conditions, and rate of pay therefor. Notwithstanding any of the disclosure provisions of this chapter, the administrator shall provide, upon request of the Connecticut Student Loan Foundation, its officers or employees, any information in his possession relating to the current residence address or place of employment of any individual who has been determined by the Connecticut Student Loan Foundation to be in default on his student loan. Reimbursement for the cost of furnishing this information shall be made by the agency requesting the data in a manner prescribed by the administrator of this chapter.(2) Any authorized user of the CTWorks Business System shall have access to any information required to be entered into such system by the federal Trade Adjustment Assistance program, established by the Trade Act of 1974, as amended by 19 USC 2271 et seq., provided the user enters into a written agreement with the administrator establishing safeguards to protect the confidentiality of any information disclosed to such user. Each authorized user shall reimburse the administrator for all costs incurred by the administrator in disclosing information to such user. Information contained in the system shall not be disclosed or redisclosed to any unauthorized user, except that aggregate reports from which individual data cannot be identified may be disclosed. Any person who violates any provision of this subdivision shall be fined not more than two hundred dollars or imprisoned not more than six months, or both, and shall be prohibited from any further access to information in the system.(b) The Labor Department shall administer a state directory of new hires in accordance with this section. Not later than twenty days after the date of employment, each employer maintaining an office or transacting business in this state shall report the name, address and Social Security number of each new employee employed in this state to the Labor Department by forwarding to said department a copy of the Connecticut income tax withholding or exemption certificate completed by such employee or by any other means consistent with regulations the Labor Commissioner may adopt in accordance with chapter 54, except that employers reporting magnetically or electronically shall report new employees, if any, at least twice per month by transmissions not less than twelve nor more than sixteen days apart. Each such report shall indicate the name, address and state and federal tax registration or identification numbers of the employer. Such information shall be transmitted in a format prescribed by the Labor Commissioner. Such information shall be entered by the Labor Department in the state directory of new hires within five business days of receipt and may be used by the Labor Commissioner in accordance with his powers and duties but shall be confidential and shall not be disclosed except as provided in subsections (d) and (e) of this section and subsection (b) of section 31-254a.(c) (1) For the purposes of this section, “employer” does not include any department, agency or instrumentality of the United States; or any state agency performing intelligence or counterintelligence functions, if the head of such agency has determined that reporting pursuant to this section with respect to the employee could endanger the safety of the employee or compromise an ongoing investigation or intelligence mission. For the purposes of subsections (b) to (e), inclusive, of this section, the terms “employer” and “employee” shall include persons engaged in the acquisition and rendition, respectively, of independent contractual services, provided the expected value of such services for the calendar year next succeeding the effective date of the contract for such services, is at least five thousand dollars.(2) An employer that has employees who are employed in this state and one or more other states and that transmits reports magnetically or electronically shall not be required to report to this state if such employer has designated another state in which it has employees to which it will transmit reports, provided such employer has notified the Labor Commissioner, in writing, as to which other state it has designated for the purpose of sending such reports.(d) On a daily basis, in IV-D support cases, as defined in section 46b-231, the Department of Social Services shall compile a list of all individuals who are the subject of a child support investigation or action being undertaken by the IV-D agency, as defined in section 46b-231, and shall transmit such list to the Labor Department. The Labor Department shall promptly identify any new employee who is such an individual and said department shall transmit to the Department of Social Services the name, address and Social Security number of each new employee and the name, address and state and federal tax registration or identification numbers of the employer. The IV-D agency shall use such information to locate individuals for purposes of establishing paternity and establishing, modifying and enforcing child or medical support orders, and may disclose such information to any agent of such agency that is under contract to carry out such purposes. The Labor Commissioner shall require that confidentiality safeguards be part of the contracting agency's agreement with the Department of Social Services.(e) (1) The Labor Department shall execute memoranda of understanding with (A) the Department of Social Services, and (B) the Connecticut Health Insurance Exchange, to establish procedures to furnish wage and claim information contained in the records required and maintained by the Labor Commissioner to assist such entities in the determination of eligibility for public assistance under the temporary assistance for needy families, Medicaid, food stamps, supplemental security income and other state supplement and state-administered general assistance programs. Such memoranda of understanding shall contain appropriate confidentiality safeguards regarding such wage and claim information.(2) Upon execution of the memoranda of understanding pursuant to subdivision (1) of this subsection, and upon the request of the Department of Social Services and the Connecticut Health Insurance Exchange, the Labor Department shall furnish such wage and claim information to (A) the Department of Social Services, and any agents of said department that perform services associated with the Connecticut Health Insurance Exchange, and (B) the Connecticut Health Insurance Exchange, and any agents of said exchange.(f) The Department of Social Services and the Connecticut Health Insurance Exchange shall reimburse the Labor Department for any costs included in carrying out the provisions of this section, including the cost of providing a toll-free facsimile number for employers required to report pursuant to subsection (b) of this section and section 31-254a. The Commissioner of Social Services and the Labor Commissioner, and the chief executive officer of the Connecticut Health Insurance Exchange and the Labor Commissioner, shall enter into separate purchase of service agreements which establish procedures necessary for the administration of subsections (b) to (f), inclusive, of this section.(g) (1) Notwithstanding any of the information disclosure provisions of this section, the administrator shall disclose information obtained pursuant to subsection (a) of this section to: (A) A regional workforce development board, established pursuant to section 31-3k, to the extent necessary for the effective administration of the federal Trade Adjustment Assistance Program of the Trade Act of 1974, as amended from time to time, the federal Workforce Innovation and Opportunity Act of 2014, as amended from time to time, and the state employment services program established pursuant to section 17b-688c for recipients of temporary family assistance, provided a regional workforce development board, enters into a written agreement with the administrator, pursuant to subdivision (2) of this subsection, concerning protection of the confidentiality of such information prior to the receipt of any such information; (B) a nonpublic entity that is under contract with the administrator or another state agency where necessary for the effective administration of this chapter or with the United States Department of Labor to administer grants which are beneficial to the interests of the administrator, provided such nonpublic entity enters into a written agreement with the administrator, pursuant to subdivision (2) of this subsection, concerning protection of the confidentiality of such information prior to the receipt of any such information; (C) the president of the Connecticut State Colleges and Universities, appointed under section 10a-1a, for use in the performance of such president's official duties to the extent necessary for evaluating programs at institutions of higher education governed by said board pursuant to section 10a-1a, provided such president enters into a written agreement with the administrator, pursuant to subdivision (2) of this subsection, concerning protection of the confidentiality of such information prior to the receipt of any such information; or (D) a third party pursuant to written, informed consent of the individual or employer to whom the information pertains.(2) Any written agreement shall contain safeguards as are necessary to protect the confidentiality of the information being disclosed, including, but not limited to, a:(A) Statement from the regional workforce development board, nonpublic entity or president of the Connecticut State Colleges and Universities, as appropriate, of the purposes for the requested information and the specific use intended for the information;(B) Statement from the regional workforce development board, nonpublic entity or president of the Connecticut State Colleges and Universities, as appropriate, that the disclosed information shall only be used for such purposes as are permitted by this subsection and consistent with the written agreement;(C) Requirement that the regional workforce development board, nonpublic entity or president of the Connecticut State Colleges and Universities, as appropriate, store the disclosed information in a location that is physically secure from access by unauthorized persons;(D) Requirement that the regional workforce development board, nonpublic entity or president of the Connecticut State Colleges and Universities, as appropriate, store and process the disclosed information maintained in an electronic format in such a way that ensures that unauthorized persons cannot obtain the information by any means;(E) Requirement that the regional workforce development board, nonpublic entity or president of the Connecticut State Colleges and Universities, as appropriate, establish safeguards to ensure that only authorized persons, including any authorized agent of the board, nonpublic entity or president of the Connecticut State Colleges and Universities, are permitted access to disclosed information stored in computer systems;(F) Requirement that the regional workforce development board, nonpublic entity or president of the Connecticut State Colleges and Universities, as appropriate, enter into a written agreement, that has been approved by the administrator, with any authorized agent of the board, nonpublic entity or president of the Connecticut State Colleges and Universities, which agreement shall contain the requisite safeguards contained in the written agreement between the board, nonpublic entity or president of the Connecticut State Colleges and Universities and the administrator;(G) Requirement that the regional workforce development board, nonpublic entity or president of the Connecticut State Colleges and Universities, as appropriate, instruct all persons having access to the disclosed information about the sanctions specified in this section, and further require each employee of such board, nonpublic entity or president of the Connecticut State Colleges and Universities, and any agent of such board, nonpublic entity or president of the Connecticut State Colleges and Universities, authorized to review such information, to sign an acknowledgment that such employee or such agent has been advised of such sanctions;(H) Statement that redisclosure of confidential information is prohibited, except with the written approval of the administrator;(I) Requirement that the regional workforce development board, nonpublic entity or president of the Connecticut State Colleges and Universities, as appropriate, dispose of information disclosed or obtained under this subsection, including any copies of such information made by the board, nonpublic entity or president of the Connecticut State Colleges and Universities, after the purpose for which the information is disclosed has been served, either by returning the information to the administrator, or by verifying to the administrator that the information has been destroyed;(J) Statement that the regional workforce development board, nonpublic entity or president of the Connecticut State Colleges and Universities, as appropriate, shall permit representatives of the administrator to conduct periodic audits, including on-site inspections, for the purpose of reviewing such board's, nonpublic entity's or adherence of the president of the Connecticut State Colleges and Universities to the confidentiality and security provisions of the written agreement; and(K) Statement that the regional workforce development board, nonpublic entity or president of the Connecticut State Colleges and Universities, as appropriate, shall reimburse the administrator for all costs incurred by the administrator in making the requested information available and in conducting periodic audits of the board's, nonpublic entity's or procedures of the president of the Connecticut State Colleges and Universities in safeguarding the information.(3) Any employee or agent of a regional workforce development board, nonpublic entity or president of the Connecticut State Colleges and Universities, as appropriate, who discloses any confidential information in violation of this section and the written agreement, entered into pursuant to subdivision (2) of this subsection, shall be fined not more than two hundred dollars or imprisoned not more than six months, or both, and shall be prohibited from any further access to confidential information.(1949 Rev., S. 7526; P.A. 77-426, S. 7, 19; P.A. 80-338, S. 8; P.A. 84-396, S. 1, 2; June 18 Sp. Sess. P.A. 97-2, S. 97, 165; June 18 Sp. Sess. P.A. 97-4, S. 2, 11; June 18 Sp. Sess. 97-11, S. 63, 65; P.A. 03-89, S. 3; P.A. 04-76, S. 35; P.A. 07-125, S. 1; 07-160, S. 4, 5; P.A. 09-9, S. 30; 09-33, S. 1; P.A. 12-192, S. 1; June 12 Sp. Sess. P.A. 12-2, S. 119; P.A. 13-140, S. 18; P.A. 14-42, S. 7; P.A. 16-15, S. 38; P.A. 16-169, S. 15, 24.)History: P.A. 77-426 specified information which may be disclosed to public agency administering AFDC and child support programs; P.A. 80-338 made technical changes and substituted reference to Sec. 11-8a for reference to Sec. 4-34; P.A. 84-396 added provision re disclosure, upon the request of the Connecticut Student Loan Foundation, of the current address or place of business of any individual determined to be in default on his student loan; June 18 Sp. Sess. P.A. 97-2 replaced reference to “AFDC” with “TANF”, effective July 1, 1997; June 18 Sp. Sess. P.A. 97-4 designated existing provisions as Subsec. (a) and added new Subsecs. (b) to (f) re Labor Department administration of state directory of new hires, effective October 1, 1998; June 18 Sp. Sess. P.A. 97-11 changed effective date of June 18 Sp. Sess. P.A. 97-4 but without affecting this section; P.A. 03-89 amended Subsec. (c)(1) by expanding definition of “employer” and “employee” for purposes of Subsecs. (b) to (e), inclusive, to include persons engaged in acquisition and rendition of independent contractual services when expected value of such services is at least $5,000 for a calendar year; P.A. 04-76 amended Subsec. (e) by replacing reference to “general assistance” with reference to “state-administered general assistance”; P.A. 07-125 amended Subsec. (a) by designating existing provisions as Subdiv. (1), adding exception re provisions of Subdiv. (2) and making technical changes therein, and adding Subdiv. (2) re access to and confidentiality of information in CTWorks Business System and penalties for violation of subdivision; P.A. 07-160 amended Subsec. (a) by adding exception re provisions of Subsec. (g) and making technical changes and added Subsec. (g) re disclosure of certain information to a regional workforce development board that enters into a confidentiality agreement with administrator concerning disclosure of information, effective July 1, 2007; P.A. 09-9 amended Subsec. (e) by replacing “food stamp” with “supplemental nutrition assistance”, effective May 4, 2009; P.A. 09-33 amended Subsec. (g)(1) by designating existing provisions re disclosure to regional workforce development board as Subpara. (A) and adding Subpara. (B) re disclosure to nonpublic entity under contract with United States Department of Labor to administer grants which are beneficial to the interests of administrator, and amended Subsec. (g)(2) by adding references to nonpublic entity; P.A. 12-192 amended Subsec. (g) by adding Subpara. (C) re disclosure of certain information to president of Board of Regents for Higher Education in Subdiv. (1) and by adding references to president of Board of Regents for Higher Education in Subdivs. (2) and (3), effective July 1, 2012; June 12 Sp. Sess. P.A. 12-2 amended Subsec. (g)(2)(E) to substitute “president of the Board of Regents for Higher Education” for “institution of higher education or such institution's governing board”, effective July 1, 2012; P.A. 13-140 amended Subsec. (g)(1) by adding provision allowing administrator to disclose information to a nonpublic entity under contract with the administrator where necessary for effective administration of chapter in Subpara. (B), and adding Subpara. (D) allowing administrator to disclose information to a third party pursuant to written, informed consent of the individual or employer to whom the information pertains, effective June 18, 2013; P.A. 14-42 replaced former Subsec. (e) re list of individuals receiving public assistance with new Subsec. (e) re memoranda of understanding with Department of Social Services and Connecticut Health Insurance Exchange re furnishing of wage and claim information, and amended Subsec. (f) to add references to Connecticut Health Insurance Exchange and make conforming changes, effective May 28, 2014; P.A. 16-15 amended Subsec. (g) by replacing “president of the Board of Regents for Higher Education” with “president of the Connecticut State Colleges and Universities” and making technical changes, effective July 1, 2016; P.A. 16-169 amended Subsec. (g) by replacing “Workforce Investment Act” with “Workforce Innovation and Opportunity Act of 2014” in Subdiv. (1)(A), adding “or another state agency” in Subdiv. (1)(B) and making technical changes.Cited. 200 C. 243.Cited. 9 CS 244.