When filing for a hardship exemption, what is considered undue burden and expense?
A. As stated in the instructions for Form LM-2 and new Form T-1, the condition for a temporary hardship exemption is whether the labor organization “experiences technical difficulties that prevent the timely preparation and submission of an electronic filing . . .” and the condition for a continuing hardship exemption is whether the form cannot be filed electronically “without undue burden or expense.” The union submitting an application for a continuing hardship exemption should document the burden or expense that would be necessary for it to file electronically (for example, detail any hardship imposed by the need to purchase a computer or obtain an Internet connection). Hardship exemptions will be evaluated on a case-by-case basis.
A. As stated in the instructions for revised Form LM-2 and new Form T-1, the condition for a temporary hardship exemption is whether the labor organization “experiences technical difficulties that prevent the timely preparation and submission of an electronic filing . . .” and the condition for a continuing hardship exemption is whether the form cannot be filed electronically “without undue burden or expense.” The union submitting an application for a continuing hardship exemption should document the burden or expense that would be necessary for it to file electronically (for example, detail any hardship imposed by the need to purchase a computer or obtain an Internet connection). Hardship exemptions will be evaluated on a case-by-case basis.
