Number 03-24

April 4, 2024

Revised Form LM-21 Special Enforcement Policy

This notice advises that today, April 4, 2024, the U.S. Department of Labor’s Office of Labor-Management Standards (OLMS) revised its Form LM-21 Special Enforcement Policy, originally issued on April 13, 2016.  See below for the revised policy, which is effective for all Form LM-21 reports filed on or after July 3, 2024; see also the OLMS employer-consultant reporting page for further information on the Form LM-21 and other consultant and employer reporting requirements.

Revised Special Enforcement Policy for Certain Form LM-21 Requirements

Filers of Form LM-20 who must also file a Form LM-21 will not be required to complete two parts of the LM-21.  Specifically, OLMS will not take enforcement action based upon a failure to include the following in Parts B and C of Form LM-21:

  • Part B (Statement of Receipts): receipts from employers in connection with labor relations advice or services other than for advice or services subject to reporting on Form LM-20, and/or
  • Part C (Statement of Disbursements): disbursements made by the reporting organization in connection with labor relations advice or services other than for advice or services subject to reporting on Form LM-20. 

Form LM-21 must be signed by the president and treasurer of the consultant to certify the accuracy and completeness of the information provided.  So long as this special enforcement policy is in place, a Form LM-21 that includes only the information requested by Parts B and C as described above will be deemed complete.

In addition, Section 206 of the LMRDA requires all individuals who must file reports such as Form LM-21 to maintain applicable records such as "vouchers, worksheets, receipts, and applicable resolutions" for a period of at least five years after such reports have been filed. 29 U.S.C. § 436.  While this special enforcement policy is in effect, consultants need not maintain records regarding receipts and disbursements that are not required to be reported in Part B and Part C as described above.

This special enforcement policy is effective for all Forms LM-21 filed on or after 90 days from the posted date of this revised policy.  It will remain in effect until further notice, which will be provided no less than 90 days prior to any change.

Posted:  April 4, 2024