DOL's latest on reporting requirements

WHAT CAN EMPLOYERS EXPECT IN THE FUTURE FROM DOL?

DOL has initiated rulemaking on the LM-30 instructions. It is anticipated that parallel rules will be developed for the LM-10 employer reports. Several DOL proposals would eliminate exemptions and significantly increase the reporting requirements of employers. For example:

(1) DOL proposes to require reporting on the LM-30 payments received by union officers and employees for work performed for the union — e.g., a “no docking” arrangement under which a union steward or union officer resolves grievances on an “as needed” basis while being paid regular wages or a “union leave” arrangement whereby a union officer continues to be paid a salary by the employer while working fulltime on union business. Both the employee and the employer would have to report all payments other than those for “productive work”.

(2) DOL proposes to eliminate the de minimis exception altogether.