SB 558, as introduced, Lieu. Unemployment insurance: Employment Development Department:
Under existing law, information obtained by the Employment Development Department in the administration of unemployment insurance laws is confidential, subject to specified exceptions, including that an employee or the employee’s representative may receive his or her wage information upon his or her written request.
This bill would delete the requirement that the employee’s request to receive his or her wage information be in writing.
Vote: majority. Appropriation: no. Fiscal committee: no. State-mandated local program: no.
The people of the State of California do enact as follows:
Section 1094 of the Unemployment Insurance
2Code is amended to read:
(a) Except as otherwise specifically provided in this
4code, the information obtained in the administration of this code
5is confidential, not open to the public, and shall be for the exclusive
6use and information of the director in discharge of his or her duties.
7(b) The information released to authorized entities pursuant to
8other provisions of the code shall not be admissible in evidence
P2 1in any action or special proceeding, other than one arising out of
2the provisions of this code or one described in Section 1095.
3(c) The information may be tabulated and published in statistical
4form for use by federal, state, and local governmental departments
5and agencies, and
the public, except that the name of the employing
6unit or of any worker shall never be divulged in the course of the
7tabulation or publication.
8(d) Wages as defined by Section 13009 and amounts required
9to be deducted and withheld under Section 13020 shall not be
10disclosed except as provided in Article 2 (commencing with
11Section 19542) of Chapter 7 of Part 10.2 of Division 2 of the
12Revenue and Taxation Code.
13(e) Any employee or his or her representative may receivebegin delete his begin insert the employee’send insert wage information upon
14or herend deletebegin delete writtenend delete request by
15the employee. The information shall be provided without charge.
16(f) Any person who knowingly accesses, uses, or discloses any
17confidential information without authorization is in violation of
18this section and is guilty of a misdemeanor.
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