Department of Labor Provides a No Enforcement Period for LM-10 Filings
The Department of Labor (“DOL”) issued the attached advisory effectively extending the Form LM-10 filing deadline by 45 days (from March 31, 2006 to May 15, 2006) for employers with fiscal years ending on December 31, 2005 who are filing reports covering calendar year 2005. In the advisory, the DOL provides that although it has no authority to grant extensions of statutory filing deadlines, it can, pursuant to its enforcement discretion, agree to not take enforcement action with respect to late filings.
Thus, the DOL provides that it “will not take any enforcement action until May 15, 2006, to compel the filing of delinquent Forms LM-10 and LM-30 [(the union required form)].” Additionally and perhaps more importantly, the advisory provides that Forms LM-10 filed on or before May 15, 2006 will be considered filed “on time” for purposes of new filers taking advantage of the DOL’s grace period provision, which effectively relieves most employers of their Form LM-10 filing requirements for fiscal years beginning prior to January 1, 2005.
The DOL decided to provide this “no enforcement period” to enable employers to take advantage of extensive additional guidance (also attached hereto) just released by the DOL’s Office of Labor-Management Standards (“OLMS”) with respect to Form LM-10 and covered payments. This guidance supplements previous Q&As published by OLMS.
View DOL’s Advisory Regarding Filing of Forms LM-10 and LM-30
Please contact any of the following Morgan Lewis attorneys for more information about the issues discussed in this Morgan Lewis LawFlash:
New York
Craig A. Bitman
212.309.7190
cbitman@morganlewis.com
Philadelphia
I. Lee Falk
215.963.5616
ilfalk@morganlewis.com
Vivian S. McCardell
215.963.5810
vmccardell@morganlewis.com
Mark J. Simons
215.963.5992
msimons@morganlewis.com
Steven D. Spencer
215.963.5714
sspencer@morganlewis.com
Marianne R. Yudes
215.963.5490
myudes@morganlewis.com
David B. Zelikoff
215.963.5360
dzelikoff@morganlewis.com
San Francisco
Eva P. McComas
415.442.1249
emccomas@morganlewis.com
Washington, D.C.
Stuart P. Kasiske
202.739.6368
skasiskie@morganlewis.com
Daniel R. Kleinman
202.739.5143
dkleinman@morganlewis.com