The Employee and Retiree Access to Justice Act makes certain arbitration clauses and waivers unenforceable in employee benefit plans.

The Employee and Retiree Access to Justice Act amends the Employee Retirement Income Security Act of 1974 to declare unenforceable any mandatory predispute or coerced postdispute arbitration clauses, class action waivers, representation waivers, or discretionary clauses in employee benefit plans. It prohibits these clauses from being included in plan documents or agreements with participants. The act also mandates that courts, not arbitrators, determine the validity of arbitration clauses. It takes effect on the date of enactment and applies to disputes arising on or after that date.

The Employee and Retiree Access to Justice Act makes certain arbitration clauses and waivers unenforceable in employee benefit plans.

The Employee and Retiree Access to Justice Act amends the Employee Retirement Income Security Act of 1974 to declare unenforceable any mandatory predispute or coerced postdispute arbitration clauses, class action waivers, representation waivers, or discretionary clauses in employee benefit plans. It prohibits these clauses from being included in plan documents or agreements with participants. The act also mandates that courts, not arbitrators, determine the validity of arbitration clauses. It takes effect on the date of enactment and applies to disputes arising on or after that date.