H.R. 10641
Employee and Retiree Access to Justice Act
Summary:
• The "Employee and Retiree Access to Justice Act" amends ERISA to make mandatory predispute arbitration clauses, class action waivers, representation waivers, and discretionary clauses in retirement/benefit plans unenforceable
• Postdispute arbitration agreements may only be valid if they meet strict conditions: not coerced, accompanied by written notice of the right to refuse, agreed to after a 45-day waiting period, and affirmatively consented to in writing
• Courts — not arbitrators — must determine whether any arbitration provision is valid and enforceable, and plan benefit determinations must be reviewed by courts using de novo review rather than a deferential standard
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• Postdispute arbitration agreements may only be valid if they meet strict conditions: not coerced, accompanied by written notice of the right to refuse, agreed to after a 45-day waiting period, and affirmatively consented to in writing
• Courts — not arbitrators — must determine whether any arbitration provision is valid and enforceable, and plan benefit determinations must be reviewed by courts using de novo review rather than a deferential standard
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