Employee and Retiree Access to Justice Act

This bill changes federal law on employee benefit plans, such as retirement and health plans covered by ERISA. It would make clauses that require participants to arbitrate disputes before they arise unenforceable, and would allow arbitration agreements made after a dispute only if they were voluntary, explained in a paper notice, signed in writing, and agreed to after a waiting period of at least 45 days. It would also make waivers of class, collective, or other legal claims unenforceable, and would bar clauses in plans other than multiemployer plans that give discretion over benefit decisions or require courts to defer to those decisions. Plans, plan sponsors, employers, and plan administrators would be prohibited from including such clauses, and courts, not arbitrators, would decide whether an arbitration clause is valid.

Full text and official record on Congress.gov

Sponsors

• Mark DeSaulnier Democrat sponsor
• 1 cosponsors