Virginia Responds to W-2 Phishing Scams with First of Its Kind Notification Requirement

Jackson Lewis P.C.
Contact

As previously highlighted, in early February, the IRS issued a warning to all employers regarding the resurgence of a W-2 based cyber scam. Since the IRS warning, this type of scam has taken numerous victims.  On February 15, 2017, Virginia Wesleyan College released a notice stating that the 2016 W-2 tax form information of its employees had been sent that day to an unauthorized third party as a result of an email scam.  The information was sent by an employee who believed a spear-phishing email was a legitimate request for W-2 forms.

In light of the IRS warning, together with the Virginia Wesleyan College phishing scam, on March 13, 2017, Virginia Governor Terry McAuliffe approved, a first of its kind, amendment to Virginia’s data breach notification statute. The new amendment requires employers and payroll service providers to notify the Virginia Office of the Attorney General of “unauthorized access and acquisition of unencrypted computerized data containing a taxpayer identification number in combination with the income tax withheld for an individual”.  Notably, notice is required even if the breach does not otherwise trigger the statute’s requirement to notify affected residents of a breach.

Notice to the Office of the Attorney General of a breach of computerized employee payroll data must include the affected employer or payroll service provider’s name, and federal employer identification number. Following receipt of notice, the Office of the Attorney General is then required to notify Virginia’s Department of Taxation of the breach.

This amendment to the Virginia statute becomes effective July 1, 2017, and in light of the growing concern for W-2 phishing scams it would not be surprising if other states follow suit. Employers should advise their staff to exercise caution when responding to requests for W-2 forms and confirm verbally that the request is valid.

DISCLAIMER: Because of the generality of this update, the information provided herein may not be applicable in all situations and should not be acted upon without specific legal advice based on particular situations.

© Jackson Lewis P.C. | Attorney Advertising

Written by:

Jackson Lewis P.C.
Contact
more
less

PUBLISH YOUR CONTENT ON JD SUPRA NOW

  • Increased visibility
  • Actionable analytics
  • Ongoing guidance

Jackson Lewis P.C. on:

Reporters on Deadline

"My best business intelligence, in one easy email…"

Your first step to building a free, personalized, morning email brief covering pertinent authors and topics on JD Supra:
*By using the service, you signify your acceptance of JD Supra's Privacy Policy.
Custom Email Digest
- hide
- hide