Office of General Counsel Memo

TO:                 Statewide Officers
                        Executive Board
                        PEF Staff 

FROM:          William P. Seamon
                        Rita J. Verga 

DATE:            March 31, 2008

RE:                 LM-30 Reporting to the U.S. Department of Labor
                        Our File No: 7029-P 

This is an update to Counsel’s December 18, 2007 memorandum concerning the revised LM-30 reporting requirements, which is available at www.pef.org under the “Memos” link. 

Although this area is still fluid, we recently received confirmation which could significantly reduce individuals’ LM-30 reporting obligations.   

As we have previously reported, under the new requirement which took effect January 1, 2008, individuals who conduct union activities during work time pursuant to a collective bargaining agreement and are paid for that time by their employer must report all such hours on the LM-30 form, if they exceed 250 hours over the course of their fiscal year. 

However, in response to our inquiry, the Department of Labor has confirmed that employees who make-up work time spent on union activities within a “reasonable amount of time” are not required to count such time toward the annual 250-hour reporting threshold for leave pursuant to a collective bargaining agreement. 

This means that employees who make-up work time spent on union activities by working outside of regular work hours, including evenings and weekends, are not required to count such hours toward the 250-hour threshold, if the employee makes up the work time within a “reasonable amount of time.”  The Department of Labor has confirmed that making-up the work time spent on union activities within the same pay period would qualify as within a “reasonable amount of time.” 

We will continue to apprise you of developments in this area. 

RJV/jac