Number: 10-05

July 19, 2005

OLMS Releases Form LM-10 (Employer Report) Advisory

In the interest of achieving greater compliance with the reporting requirements of the Labor-Management Reporting and Disclosure Act of 1959, the Office of Labor-Management Standards (OLMS) announced new compliance assistance efforts and enforcement guidelines for filers of Form LM-30 (Union Officer and Employee Reports). Under a cooperative agreement concluded with the AFL-CIO, OLMS is not requiring new filers who submit their Form LM-30 reports by August 15, 2005, to submit reports covering the same financial interests for any prior years, absent extraordinary circumstances.

In the course of providing compliance assistance to union officers and employees on the Form LM-30 requirements, OLMS has received numerous questions regarding Form LM-10 (Employer Reports). In particular, some have inquired whether the Department intends to provide a similar -grace period- for employers who have a legal obligation to file the Form LM-10, which is used to disclose certain payments to unions and union officers, employees, and representatives.

Because of the current demands on OLMS resources in providing compliance assistance and guidance to LM-30 filers, as well as processing new filers- forms, OLMS has not yet issued guidance on LM-10 reporting requirements, but expects to do so soon in the near future. This guidance will assist affected employers in fully understanding the Form LM-10's recordkeeping and reporting requirements and will include a grace period analogous to the LM-30 policy for the purpose of encouraging voluntary compliance. Also consistent with OLMS's approach on Form LM-30, absent extraordinary circumstances, until such guidance is issued and the full grace period has expired, as an exercise of enforcement discretion, the Department will not take action to enforce the Form LM-10 reporting requirements, unless there is already a pending investigation.

In the interim, the Department encourages employers to seek compliance assistance, advise OLMS of any potential compliance difficulties, and propose methods for increasing compliance with Form LM-10's requirements, as set forth in the Labor-Management Reporting and Disclosure Act, without imposing undue hardships on affected employers.

Information about the Form LM-10 Advisory, including links to the form and instructions, is available on the OLMS Web site.

Information about Form LM-30 is available on the OLMS Web site here.

Thank you for subscribing to the OLMS Mailing List. We hope that you find this mailing informative.

Last Updated: 07/19/05