New Form LM-10 Published For Persuader Or Surveillance Activity

The Office of the Labor-Management Standards (OLMS) has published a revised Form LM-10 Employer Report. Form LM-10 reports filed on or after August 28, 2023, must be submitted on the revised form.

Under the Labor-Management Reporting and Disclosure Act of 1959, employers must file a Form LM-10 to disclose agreements with consultants (and other payments and expenditures) made to (1) persuade employees concerning their organizing and collective bargaining rights or (2) obtain information concerning the activities of employees and unions involved in a labor dispute with such employer.

The new form requires employers to disclose if they are federal contractors or subcontractors — and if so, provide their federal Unique Entity Identifier, if applicable, as well as the federal agency or agencies involved with the contract or subcontract. OLMS believes these new fields will increase transparency; it explains: “Workers will now have access to information concerning the indirect source of the funding used to persuade or surveil them in connection with organizing, collective bargaining, and other concerted activities at the workplace. In addition, the public and policymakers will now know whether public funds indirectly lead to disruptions to harmonious labor relations and workers’ rights, even if the underlying activities were not unlawful.”

OLMS has published a fact sheet about the new form. If you have questions about this reporting requirement or persuader activity, please contact a KZA attorney. 

KZA Employer Report articles are for general information only; they are not intended and should not be construed to be legal advice. Reading or replying to such articles does not establish an attorney-client relationship. In addition, because the subject matters and applicable laws discussed in Employer Report articles are often in a state of change and not always applicable to every type of business entity or organization, readers should consult with counsel before making decisions based on the same.