Under the Labor Management Reporting and Disclosure Act (LMRDA), private-sector employers that do business with a labor organization (or a trust in which a labor organization has a business) must make an annual disclosure of payments or loans to union officials, which includes a union or its officer, agent, shop steward, employee, or other representative. The disclosure requirement applies only to payments that exceed $250 per union recipient in a fiscal year.
The disclosure is made by filing Form LM-10 with the U.S. Department of Labor’s Office of Labor Management Standards (OLMS). The form is due within 90 days after the end of the employer’s fiscal year. Because many employers have a fiscal year ending on December 31, reports are typically due on March 31 of the following year.
Join us this fall in San Francisco for the California Employment Law Update conference, a 3-day event that will teach you everything you need to know about new laws and regulations, and your compliance obligations, for the year ahead—it’s one-stop shopping at its best.
If you’re required to file an LM-10, but missed the deadline, take note: The OLMS has now issued an advisory regarding the 2006 filing deadline, stating that for employers whose report was due by March 31, 2006, the department will not take any enforcement action until May 15, 2006 if the filing is delinquent. This “grace period” was established because many employers have had questions about their LM-10 filing requirements in light of some changes the agency made last year.
Additional Resources
For more information about the LMRDA reporting requirements, including details about whether you’re covered and the types of payments that must be reported, go to the Department of Labor’s website.