Number 06-24

June 26, 2024

Reminder and Clarification Regarding Form LM-21 Special Enforcement Policy

This notice serves as a reminder that, on 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 becomes 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.

Today’s notice also clarifies the April 4, 2024 policy revision. As shown below in red font, to comply with the terms of the policy, filers will not be required to complete fully Parts B and C of the Form LM-21. Rather, as stated in the revised Policy, they must complete Parts B and C of Form LM-21 with information related to what they already reported on Form LM-20; namely receipts or disbursements in connection with services “subject to reporting on Form LM-20.” Filers need not report the information listed in the bullet points below.

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 fully 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 Form LM-21 reports filed on or after July 3, 2024, which is 90 days from the April 4 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 (Technical revision made on June 25, 2024)

 

 

Last Updated: 6-27-24