Total Articles: 7
Labor Department to Consider Comments Submitted on Proposed Rulemaking to Narrow Advice Exemption Under LMRDA
The comment period closed on September 21, 2011 regarding the proposed rulemaking to narrow the advice exemption from persuader activity reporting under section 203 of the Labor-Management Reporting and Disclosure Act of 1959 (LMRDA). The notice of rulemaking published June 21, 2011, by the U.S. Department of Labor, proposes to eliminate the current interpretative rules in place since 1962 as developed by the DOL during the Kennedy Administration. Approximately 6000 comments were submitted.
DOL Issues Revised Reporting Form.
On July 2, the U.S. Department of Labor published its final rule revising Form LM-30, which is designed to enhance financial reporting by union officials and employees. The new rule will go into effect on August 16, 2007.
Employers Could Be Impacted By Changes In Union Reporting Requirements.
The United States Department of Labor (DOL) recently announced a number of changes to the disclosure obligations of union officials and union employees and the officials’ and employees’ spouses/minor children under the Labor Management Reporting and Disclosure Act (LMRDA). This Legal Alert focuses on two of the major changes.
Legal Alert: DOL Announces Grace Period for Filing Information Regarding Financial Transactions with Unions.
The U.S. Department of Labor (DOL) recently announced what is essentially a "grace period" for employers to file records of financial transactions with unions as required by the Labor-Management Reporting and Disclosure Act (LMRDA). The LMRDA requires employers to report certain financial transactions with unions within 90 days after the end of the employer’s fiscal year. For employers whose fiscal year ended December 31, 2005, the disclosures must be filed by March 31, 2006. Recognizing that many employers are not familiar with the LMRDA’s reporting requirements, the DOL has issued an advisory announcing that, while it does not have the authority to extend the LMRDA’s statutory filing deadline, it will not compel compliance with the reporting requirements until May 15, 2006 for employers whose reports are due March 31, 2006.
New Enforcement Policy On Employer Financial Reporting Issued (pdf).
Since 1959, the Labor Management
Reporting and Disclosure Act has required
employers and unions to file
annual financial reports disclosing certain
types of payments made by employers
and received by unions and
union officials. Historically, enforcement
of these reporting requirements
by the U.S. Department of Labor (DOL)
has not been stringent.
Additional Guidance Issued by the DOL Re Union-Related Payments Reported on Forms LM-10 and LM-30 (pdf).
On November 9, 2005, the Department of Labor (“DOL”)
issued further guidance regarding the reporting of certain
interests held by union officers or employees and
payments between employers and unions. Regulations
issued under the Labor Management Reporting and
Disclosure Act (“LMRDA”) require this reporting.
Specifically, union officers and employees report certain
payments or interests that could give rise to a conflict of
interest on Form LM-30. Employers, including service
providers to Taft-Hartley benefit plans, report certain
payments or gifts made to unions and union officials or
employees on Form LM-10.
New Regulations Affect Enrollment Materials (pdf).
As reported in the February/March 2005 issue of The Employment Law Authority,
final regulations under the Health Insurance Portability and Accountability Act
of 1996 (HIPAA) with respect to preexisting conditions, special enrollment rights,
and creditable coverage were issued on December 30, 2004. The regulations became
applicable to group health plans for plan years beginning on and after July
1, 2005. Therefore, calendar year plans will be required to be in compliance with
the regulations as of January 1, 2006.
