Are payments for services, such as legal services provided by a lawyer to a union official, exempt from reporting because they are regular marketplace transactions?
A3(A). Generally, yes. A lawyer that employs employees is an employer under the LMRDA, and categories of employers are subject to the Form LM-10 reporting requirements. See FAQ, Questions 1-2 (who is an employer), 6 (employers subject to the Form LM-10), 3 & 10 (discussing designated legal counsel). Section 203(a) of the LMRDA requires employers to report certain payments to labor organizations and their officials, subject to multiple exceptions. 29 U.S.C. § 433. One of these exceptions exempts employers from disclosing “payments of the kind referred to in section 302(c) “of the Labor Management Relations Act. Section 302(c) excludes, among other things, payments “with respect to the sale or purchase of an article or commodity at the prevailing market price in the regular course of business.” 29 U.S.C. § 186(c). The Department considers the purchase of legal services as a payment of the kind referred to in section 302(c). Payments relating to the purchase of legal services are, therefo
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