RECORDS ACCESS AND MANAGEMENT

CS 034P Disclosure of Wage Information

06/90 Revised 01/05/16 Training Completed 11/28/12 Last Reviewed 12/30/24

U.C.A. 35A-4-105

Introduction

Wage information from the Utah Department of Workforce Services (DWS) is classified as private under the Government Records Access and Management Act (GRAMA, refer to ORS 402 GRAMA Policy). It may only be used by authorized personnel for official purposes. You must not access DWS information on an individual who is not a noncustodial parent (NCP) or custodial parent (CP) on an Office of Recovery Services/Child Support Services (ORS/CSS) case.

Any wage or claim information may be given to the individual who is the subject of that information. However, do not inform the individual that the data was provided by DWS, but that it is based on reports filed by employers. Do not instruct the individual to contact DWS to resolve apparent reporting discrepancies. Tell them to obtain records from the employer.

The Utah Employment Security Act as well as GRAMA provides severe penalties, including imprisonment, for unauthorized disclosure. U.C.A. 35A-4-105 states:

“(1) In any civil action to enforce the provisions of this chapter the department may be represented by any qualified attorney who is employed by the department and is designated by it for this purpose, or at the department's request by the attorney general, or if the action is brought in the courts of any other state by any attorney qualified to appear in the courts of that state.
     (2) All criminal actions for violation of any provision of this chapter, or of any rules or regulations issued pursuant thereto, shall be prosecuted by the attorney general of the state; or, at his request and under his direction, by the prosecuting attorney of any county in which the employing unit has a place of business or the violator resides. ”