Revises Minor Child Definition From Under 21 to Under 18 Years of Age for Form LM-30
Summary
The Department of Labor's Office of Labor-Management Standards has issued a final rule amending the definition of "minor child" in 29 CFR 404.1(h) and on Form LM-30 from "under 21 years of age" to "under 18 years of age." This change aligns the definition with the age of majority recognized in most U.S. jurisdictions and reduces reporting burden on labor organization officers and employees required to file Form LM-30 financial disclosure reports. The rule is effective April 22, 2026, and applies to fiscal years beginning on or after July 1, 2026.
What changed
This final rule amends the definition of "minor child" in 29 CFR 404.1(h) and on Form LM-30 Labor Organization Officer and Employee Report, changing the age threshold from under 21 to under 18 years of age. The change reduces the reporting burden on union officers and employees who must disclose financial interests involving their minor children while aligning the definition with current legal standards where individuals aged 18 and older are considered capable of managing their own financial affairs.
Affected parties include labor organizations, their officers and employees who file Form LM-30 reports, and employers dealing with labor organizations. These filers will no longer need to report financial interests or income involving children aged 18 and older, reducing administrative compliance obligations. Union officials should review their disclosure procedures to ensure accurate reporting for fiscal years beginning July 1, 2026.
What to do next
- Review updated Form LM-30 reporting requirements and instructions
- Update internal compliance procedures for fiscal years beginning on or after July 1, 2026
Archived snapshot
Apr 14, 2026GovPing captured this document from the original source. If the source has since changed or been removed, this is the text as it existed at that time.
Content
ACTION:
Final rule.
SUMMARY:
This final rule revises the definition of “minor child” as that term appears in 29 CFR 404.1(h) and on the Form LM-30 Labor
Organization Officer and Employee Report. The definition is changed from “under 21 years of age” to “under 18 years of age.”
This amendment aims to align the definition with the age of majority recognized in the vast majority of United States jurisdictions,
thereby reducing the reporting burden on filers while preserving the integrity and purpose of the Labor-Management Reporting
and Disclosure Act (LMRDA)'s disclosure requirements. A technical correction is also made to the Form LM-30 Instructions.
DATES:
This rule is effective April 22, 2026, and applies to fiscal years beginning on or after July 1, 2026.
FOR FURTHER INFORMATION CONTACT:
Andrew C. Hasty, Chief of the Division of Interpretations and Regulations, Office of Labor-Management Standards, U.S. Department
of Labor, 200 Constitution Avenue NW, Room N-5609, Washington, DC 20210, by telephone at (202) 693-0123 (this is not a toll-free
number), 711 (TTY/TDD), or by email at olms-public@dol.gov.
SUPPLEMENTARY INFORMATION:
I. Background
The Labor-Management Reporting and Disclosure Act of 1959 (LMRDA), 29 U.S.C. 401 et seq., mandates specific reporting and disclosure requirements for labor organizations, their officers and employees, employers,
labor relations consultants, and surety companies. Under Section 202 of the LMRDA, 29 U.S.C. 432, every officer or employee
of a labor organization, or whose spouse or “minor child,” directly or indirectly holds any interest, or derives income or
benefit from certain employers or businesses dealing with the labor organization, is required to file a disclosure report
with the Secretary of Labor. The Secretary of Labor has the authority to prescribe the form for these financial disclosure
reports. 29 U.S.C. 438.
The U.S. Department of Labor (Department), Office of Labor-Management Standards (OLMS), uses the Form LM-30 Labor Organization
Officer and Employee Report to address actual or potential conflicts of interest involving union officials' personal financial
interests, as well as those of their spouse or “minor child,” and their labor organization. In 2007, OLMS defined “minor child”
as a “son, daughter, stepson, or stepdaughter under 21 years of age”. This definition aimed to provide a uniform, nationwide
standard, noting that 21 was the age of majority in most states at the time of the LMRDA's passage. See generally 72 FR 36106. In light of the statutory silence on the age at which a child reaches majority, OLMS reasoned that age 21 was
sensible because there needed to be a uniform, nationwide definition that Form LM-30 filers, union members, and the public
could easily ascertain, and that 21 was already the age of majority in most states at the time of LMRDA passage. See Labor Organization Office and Employee Report, Form LM-30, 72 FR 36145 (July 2, 2007).
On July 1, 2025, the Department published a Notice of Proposed Rulemaking (“NPRM”) seeking public comment on amending its
regulations to redefine “minor child” as a son, daughter, stepson, or stepdaughter under the age of 18. See Minor Child Definition for Form LM-30 Labor Organization Officer and Employee Report, 90 FR 28255 (July 1, 2025).
II. Discussion of the Final Rule
After reviewing the one and only comment received in response to the July 1, 2025 NPRM, the Department is now issuing a final
rule that implements the proposed rule. This revision aligns the Form LM-30 reporting requirements with current legal norms,
where individuals aged 18 and older are generally considered capable of managing their own financial affairs and are legally
responsible for their actions. In various areas of the law, such as voting, entering into contracts, and military service,
adulthood typically begins at age 18. Currently, 47 states and Washington, DC, recognize 18 as the age of majority, with only
Alabama and Nebraska at age 19, and Mississippi at age 21. (1)
As the one public comment received on the proposed rule explicitly stated, “[t]his proposal to redefine a minor child as an
individual `under 18 years of age' is based on sound reasoning. It correctly aligns the LMRDA's reporting requirements with
the legal age of majority now established in 47 states and Washington, DC. This change creates a more consistent, modern,
and common-sense standard for filers nationwide.”
Additionally, this change has potential to reduce administrative burdens on filers. Requiring disclosure of financial interests
or transactions for children or stepchildren aged 18 to 20 imposed unnecessary administrative burdens without significantly
enhancing transparency or the detection of conflicts of interest, especially since union officials lack legal control over
the financial affairs of their adult children. This amended definition maintains the essential conflict-of-interest disclosure
requirements while alleviating an undue burden. In practice, this means filers are no longer required to obtain, review, or
disclose information about the financial
interests, gifts, employment relationships, or business transactions of children or stepchildren aged 18 through 20 who are
legally adults, nor to collect supporting documentation for those disclosures.
Finally, the Department has made a technical correction on page 6 of the Form LM-30 Instructions, in Item 7, removing outdated
references to the “How to Provide Additional Information” section, as this instruction is no longer necessary for completing
the form.
III. Procedural Issues and Regulatory Review
The Department has reviewed this final rule under various executive orders and acts, concluding the following:
A. Review Under Executive Orders 12866 (Regulatory Planning and Review)
Executive Order (E.O.) 12866, “Regulatory Planning and Review,” 58 FR 51735 (Oct. 4, 1993), requires agencies, to the extent
permitted by law, to (1) propose or adopt a regulation only upon a reasoned determination that its benefits justify its costs
(recognizing that some benefits and costs are difficult to quantify); (2) tailor regulations to impose the least burden on
society, consistent with obtaining regulatory objectives, taking into account, among other things, and to the extent practicable,
the costs of cumulative regulations; (3) select, in choosing among alternative regulatory approaches, those approaches that
maximize net benefits; (4) to the extent feasible, specify performance objectives, rather than specifying the behavior or
manner of compliance that regulated entities must adopt; and (5) identify and assess available alternatives to direct regulation,
including providing economic incentives to encourage the desired behavior, such as user fees or marketable permits, or providing
information upon which choices can be made by the public. Section 6(a) of E.O. 12866 also requires agencies to submit “significant
regulatory actions” to OIRA for review.
OIRA has determined that this final rule does not constitute a “significant regulatory action” under section 3(f) of E.O.
12866, as it reduces reporting and recordkeeping burden for filers and potential filers. Accordingly, this rule was not submitted
to OIRA for review under E.O. 12866.
By revising the definition of “minor child” to align with the widely accepted age of majority, the rule is designed to reduce
unnecessary administrative burdens on filers while maintaining the integrity and purpose of the Labor-Management Reporting
and Disclosure Act's (LMRDA) disclosure requirements. The Department views the benefits of reducing unnecessary burden on
filers as justifying the non-existent costs associated with this change.
B. Review Under the Regulatory Flexibility Act (RFA)
The Regulatory Flexibility Act (5 U.S.C. 601 et seq.) requires preparation of an initial regulatory flexibility analysis (IRFA) and a final regulatory flexibility analysis (FRFA)
for any rule that by law must be proposed for public comment, unless the agency certifies that the rule, if promulgated, will
not have a significant economic impact on a substantial number of small entities.
The Department conducted a review under the provisions of the Regulatory Flexibility Act (RFA). This rule will eliminate burdensome
regulations; therefore, the Department concluded that the impacts of this final rule will not have a “significant economic
impact on a substantial number of small entities.” E.O. 13272, “Proper Consideration of Small Entities in Agency Rulemaking,”
67 FR 53461 (Aug. 16, 2002). A “significant economic impact” is generally defined as affecting costs or revenues by more than
three percent annually, and a “substantial number” of small entities is typically considered 20 percent.
Because this rule reduces burden rather than imposing new requirements, the preparation of an initial regulatory flexibility
analysis (IRFA) or a final regulatory flexibility analysis (FRFA) was not warranted. The Department will transmit this certification,
along with a supporting statement of factual basis, to the Chief Counsel for Advocacy of the Small Business Administration
for review under 5 U.S.C. 605(b).
C. Review Under the Paperwork Reduction Act (PRA)
This final rule imposes no new information or recordkeeping requirements. The Department does not anticipate any changes to
the number of respondents or reporting or recordkeeping hours. An Information Collection Request (ICR) revision package will
be submitted to the Office of Management and Budget (OMB) for approval to update the Form LM-30 Instructions. The OMB Control
Number for Labor Organization and Auxiliary Reports is 1245-0003.
D. Review Under Executive Order 13132 (Federalism)
E.O. 13132, “Federalism,” 64 FR 43255 (August 10, 1999), imposes certain requirements on Federal agencies formulating and
implementing policies or regulations that preempt State law or that have federalism implications. The Executive order requires
agencies to examine the constitutional and statutory authority supporting any action that would limit the policymaking discretion
of the States and to carefully assess the necessity for such actions. The Executive order also requires agencies to have an
accountable process to ensure meaningful and timely input by State and local officials in the development of regulatory policies
that have federalism implications.
The Department has determined that this rule will not have a substantial direct effect on the States, on the relationship
between the national government and the States, or on the distribution of power and responsibilities among the various levels
of government.
E. Review Under Executive Order 12988 (Civil Justice Reform)
With respect to the review of existing regulations and the promulgation of new regulations, section 3(a) of E.O. 12988, “Civil
Justice Reform,” imposes on Federal agencies the general duty to adhere to the following requirements: (1) eliminate drafting
errors and ambiguity, (2) write regulations to minimize litigation, (3) provide a clear legal standard for affected conduct
rather than a general standard, and (4) promote simplification and burden reduction. 61 FR 4729 (Feb. 7, 1996). Regarding
the review required by section 3(a), section 3(b) of E.O. 12988 specifically requires that Executive agencies make every reasonable
effort to ensure that the regulation: (1) clearly specifies the preemptive effect, if any, (2) clearly specifies any effect
on existing Federal law or regulation, (3) provides a clear legal standard for affected conduct while promoting simplification
and burden reduction, (4) specifies the retroactive effect, if any, (5) adequately defines key terms, and (6) addresses other
important issues affecting clarity and general draftsmanship under any guidelines issued by the Attorney General. Section
3(c) of E.O. 12988 requires Executive agencies to review regulations in light of applicable standards in section 3(a) and
section 3(b) to determine whether they are met or it is unreasonable to meet one or more of them.
The Department has completed the required review under E.O. 12988 and has determined that, to the extent permitted by law,
this final rule meets the relevant standards of E.O. 12988,
which include eliminating drafting errors and ambiguity, minimizing litigation, providing a clear legal standard, promoting
simplification and burden reduction, and adequately defining key terms.
F. Review Under the Unfunded Mandates Reform Act (UMRA):
Title II of the Unfunded Mandates Reform Act of 1995 (UMRA) requires each Federal agency to assess the effects of Federal
regulatory actions on State, local, and Tribal governments and the private sector. Public Law 104-4, sec. 201 (codified at
2 U.S.C. 1531). For a regulatory action likely to result in a rule that may cause the expenditure by State, local, and Tribal
governments, in the aggregate, or by the private sector of $100 million or more in any one year (adjusted annually for inflation),
section 202 of UMRA requires a Federal agency to publish a written statement that estimates the resulting costs, benefits,
and other effects on the national economy. 2 U.S.C. 1532(a), (b)). The UMRA also requires a Federal agency to develop an effective
process to permit timely input by elected officers of State, local, and Tribal governments on a “significant Federal intergovernmental
mandate,” and requires an agency plan for giving notice and opportunity for timely input to potentially affected small governments
before establishing any requirements that might significantly or uniquely affect them. 2 U.S.C. 1534(a).
The Department examined this final rule according to UMRA and its statement of policy. It determined that the final rule does
not contain a Federal intergovernmental mandate. Furthermore, it is not expected to require expenditures of $100 million or
more in any one year by State, local, and Tribal governments, in the aggregate, or by the private sector. As a result, the
analytical requirements of UMRA do not apply.
G. Review Under the Treasury and General Government Appropriations Act, 1999 (Family Policymaking Assessment)
Section 654 of the Treasury and General Government Appropriations Act, 1999, requires Federal agencies to issue a Family Policymaking
Assessment for any rule that may affect family well-being. This final rule will not have any impact on the autonomy or integrity
of the family as an institution. Accordingly, the Department concluded that it is not necessary to prepare a Family Policymaking
Assessment.
H. Review Under Executive Order 12630 (Governmental Actions and Interference With Constitutionally Protected Property Rights)
Pursuant to E.O. 12630, the Department has determined that this final rule will not result in any takings that might require
compensation under the Fifth Amendment to the U.S. Constitution.
I. Review Under the Treasury and General Government Appropriations Act, 2001 (Information Quality)
Section 515 of the Treasury and General Government Appropriations Act, 2001, provides for Federal agencies to review most
disseminations of information to the public under information quality guidelines established by each agency pursuant to general
guidelines issued by OMB. OMB's guidelines were published at 67 FR 8452 (Feb. 22, 2002). The Department has reviewed this
final rule under the OMB guidance and has concluded that it is consistent with applicable policies in those guidelines.
J. Review Under Additional Executive Orders and Presidential Memoranda
The Department has examined this final rule and determined that it is consistent with the policies and directives outlined
in E.O. 14154, “Unleashing American Energy,” E.O. 14192, “Unleashing Prosperity Through Deregulation,” and the Presidential
Memorandum, “Delivering Emergency Price Relief for American Families and Defeating the Cost-of-Living Crisis.” This rule is
specifically expected to be an E.O. 14192 deregulatory action.
List of Subjects in 29 CFR Part 404
Labor organization officers and employees, Reporting and recordkeeping requirements.
For the reasons set forth in the preamble, the Department amends part 404 of chapter IV of title 29 of the Code of Federal
Regulations, as set forth below:
PART 404—LABOR ORGANIZATION OFFICER AND EMPLOYEE REPORTS
Regulatory Text 1. The authority citation for part 404 continues to read as follows:
Authority:
Secs. 202, 207, 208, 73 Stat. 525, 529 (29 U.S.C. 432, 437, 438); Secretary's Order No. 03-2012, 77 FR 69376, November 16,
2012.
- Amend § 404.1 by revising paragraph (h) to read as follows:
§ 404.1 Definitions.
(h) Minor child means a son, daughter, stepson, or stepdaughter under 18 years of age.
Signed in Washington, DC.
Elisabeth Messenger, Director, OLMS. [FR Doc. 2026-05634 Filed 3-20-26; 8:45 am] BILLING CODE 4510-86-P
Footnotes
(1) Ala. Stat. Ann. § 26-1-1 (2024) (While the age of majority is 19 in Alabama, individuals over the age of 18 may enter into
legal contracts): Alaska Stat. Ann. § 25.20.010 (2024): Ariz. Rev. Stat. Ann. § 1-215 (2025): Ark. Code Ann. § 9-25-101 (2024):
Cal. Fam Code §§ 6500, 6501 (2024): Colo. Rev. Stat. § 13-22-101 (2021): Conn. Gen. Stat. Ann. § 1-1d (2024): Del. Code Ann.
tit. 1, § 701 (2024): DC Code Ann. § 46-101 (2024): Fla. Stat. Ann. § 1.01(13) (2025): Ga. Code Ann. § 39-1-1 (2022): Haw.
Rev. Stat. Ann. § 577-1 (2024): Idaho Code § 32-101 (2024): 755 Ill. Comp. Stat. Ann. 5/11-1 (2024): Ind. Code Ann. § 1-1-4-5
(2024): Iowa Code Ann. § 599.1 (2025), see also § 565B.1, Kan. Stat. Ann. § 38-101 (2024): Ky. Rev. Stat. Ann. § 2.015 (2024):
La. Civ. Code Ann. art. 29 (2024); Me. Rev. Stat. Ann. tit. 1 § 72(11) (2021): Md. Gen. Provis. § 1-401 (2025), Mass. Gen.
Laws Ann. ch. 4, § 7, cl. 48 (2025): Mich. Comp. Laws Ann. § 722.52 (2024): Minn. Stat. Ann. § 645.45 (2024): Miss. Code.
Ann. § 1-3-27 (2024): Miss. Code. Ann. § 93-19-13 (2024) (while the age of majority in Mississippi is 21, individuals over
the age of 18 may enter into legal contracts); Mo. Ann. Stat. § 431.055 (2024): Mont. Const. art. II, § 14 (amended by Const.
Amend. No. 4 (1978) and Const. Amend. No. 16 (1986)); Neb. Rev. Stat. § 43-2101 (2021); Nev. Rev. Stat. § 129.010 (2024);
N.H. Rev. Stat. Ann. § 21:44 (2023); N.J. Stat. Ann. § 9:17B-3 (2024); N.M. Stat. Ann. § 28-6-1 (2025); N.Y. Gen. Oblig. Law
§ 1-202 (2024); N.C. Gen. Stat. § 48A-2 (2025); N.D.C.C. § 14-10-02 (2024); Ohio Rev. Code Ann. § 3109.01 (2024); Okla. Stat.
Ann. tit. 15, § 13 (2024); Or. Rev. Stat. Ann. § 109.510 (2023); 23 Pa. Stat. and Cons. Stat. Ann. § 5101 (2024); 15 R.I.
Gen. Laws Ann. § 15-12-1 (2024); S.C. Code Ann. § 15-1-320 (2025); S.D. Codified Laws § 26-1-1 (2025); Utah Code Ann. § 15-2-1
(2024); Tenn. Code Ann. § 1-3-105(1) (2025); Tex. Civ Prac. & Rem. Code § 129.001 (1985); Va. Code Ann. § 1-204 (2025); Vt.
Stat. Ann. Tit. 1, § 173 (2024); Wash. Rev. Code Ann. § 26.28.010 (2024); W. Va. Code Ann. § 2-2-10 (2025); Wis. Stat. Ann.
§ 990.01 (2025); Wyo. Stat. Ann. § 14-1-101(3) (2025); See “Age Boundaries in Juvenile Justice Systems,” Nat'l Governors Ass'n, (Aug. 12, 2021), https://www.nga.org/publications/age-boundaries-in-juvenile-justice-systems/; see, e.g. Roper v. Simmons, 543 U.S. 551, 574, 125 S. Ct. 1183, 1198, 161 L. Ed. 2d 1 (2005) (“The age of 18 is the point where society draws the line
for many purposes between childhood and adulthood”), Vivian E. Hamilton, Adulthood in Law and Culture, 91 Tul. L. Rev. 55, 64, fn. 47 (2016).
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