To amend the Employee Retirement Income Security Act of 1974 to provide that any mandatory predispute or coerced postdispute arbitration clause, class action waiver, representation waiver, or discretionary clause with respect to a plan is unenforceable, to prohibit any such clause or waiver from being included in a plan document or other agreement with plan participants, and for other purposes.
About This Bill
Committee
Latest Action · September 25, 2024
Read twice and referred to the Committee on Health, Education, Labor, and Pensions.
The Employee and Retiree Access to Justice Act of 2024 would prevent employers and retirement plan administrators from requiring workers and retirees to use arbitration instead of going to court to resolve disputes about their benefits. The bill also bans "class action waivers" that prevent groups of employees from joining together in lawsuits and blocks plan administrators from having unchecked discretion to interpret plan rules without court review. For any arbitration agreements made after a dispute arises, the bill requires employers to provide written notice, give employees a 45-day waiting period to review the terms, and obtain explicit written consent, with no threat of retaliation for refusing. The law would take effect immediately upon enactment and apply to any disputes arising after that date, though employers would have up to one year after enactment to update their plan documents to comply.
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