As we have noted in previous issues, many LM-10 filers, identified by persuader LM-20 filings, have yet to file their 2021 LM-10 reports, which would normally be due at the end of March 2022.  We even demonstrated one case using the OLMS Public Disclosure web page, how it is possible to look up a particular set of LM-20’s, then the persuader’s LM-21 to see if receipts from employers were itemized and then to search for the corresponding LM-10 filings.  Remember, the filing of an LM-20 triggers the requirement that the employer who engaged that persuader must file a corresponding Form LM-10 within ninety days of the close of that employer’s fiscal year. 

Also keep in mind that the filing of just one LM-20 triggers the requirement that this persuader file a Form LM-21 annual report.  Because of the 2016 OLMS “Special Enforcement Policy”, OLMS no longer requires the persuader to list these payments.  While many of those persuaders filing 2021 reports choose not to report receipts from employers, some did.  We recommend you always check the LM-21 for the persuader before going to the LM-10s because you may find employer payments are itemized.  You may also find that the LM-21 hasn’t been filed at all or has been filed late. 

We’re going to search for a persuader called CACR and begin with their 2021 LM-20 filings.

This shows there were three (one duplicate) LM-20s filed in 2021 by this consultant for Stella-Jones, JSP Resins and Danville Metals (note the spelling error in “Danville”). 

The very top entry in the above screen shows that CACR filed an LM-21 for 2021, so we click the hyperlink and find that payments from all three employers listed above are itemized:  Danville Metals, $900; Stella-Jones, $1,800 and JSP International, $42,657. 

So now we know how much money the persuader received from each employer.  The only question remaining is did these employers file the required LM-10; note even if the persuader itemizes payments from the employer, that still doesn’t relieve the employer from filing the Form LM-10.

Click on the LM-10 form search tab in the OLMS Public Disclosure web page, we find that only Danville Metals has, to date, filed the Form LM-10.  Note that the payment amount reported by Danville jibes with what CACR reported in Form LM-21.  When we searched for the other two employers using a variety of different search terms, we received the message “No Records Found” which means that they haven’t yet filed.

Published September 2, 2022