Employee and Retiree Access to Justice Act prohibits mandatory arbitration clauses and class action waivers in retirement plans.

The Employee and Retiree Access to Justice Act amends the Employee Retirement Income Security Act of 1974 to make certain arbitration clauses and waivers unenforceable. It prohibits mandatory predispute or coerced postdispute arbitration clauses, class action waivers, representation waivers, and discretionary clauses in retirement plans. These clauses cannot be required as a condition for participation or benefit receipt. The bill also mandates that disputes over the validity of arbitration clauses be decided by courts, not arbitrators.

Employee and Retiree Access to Justice Act prohibits mandatory arbitration clauses and class action waivers in retirement plans.

The Employee and Retiree Access to Justice Act amends the Employee Retirement Income Security Act of 1974 to make certain arbitration clauses and waivers unenforceable. It prohibits mandatory predispute or coerced postdispute arbitration clauses, class action waivers, representation waivers, and discretionary clauses in retirement plans. These clauses cannot be required as a condition for participation or benefit receipt. The bill also mandates that disputes over the validity of arbitration clauses be decided by courts, not arbitrators.