HR9820-118

Introduced

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.

118th Congress Introduced Sep 25, 2024

Analysis under review: This bill has generated analysis that may be too generic or incomplete. Clause-level evidence remains available below.

Summary

What This Bill Does

This bill, 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., changes federal law or congressional policy affecting workers, employers, and labor regulators. The main policy domain is Labor, Criminal Justice, Environment.

Who Benefits and How

workers, employers, and labor regulators may benefit from new authority, funding, eligibility, regulatory clarity, or reduced risk created by the bill.

Who Bears the Burden and How

federal implementing agencies, workers, employers, and labor regulators may take on implementation duties, reporting obligations, compliance costs, or oversight responsibilities.

Key Provisions

  • Section H992094175C1448DE9B62BC9369583262: 1. Short title This Act may be cited as the Employee and Retiree Access to Justice Act of 2024.
  • Section H9D140E4469DA449C83D8405C72EA407F: 2. Unenforceable arbitration clauses, class action waivers, representation waivers, and discretionary clauses Section 502 of the Employee Retirement Income...
  • Section H839E9EB237724565BFC0DBE039C73E63: 3. Prohibition on mandatory arbitration clauses, class action waivers, representation waivers, and discretionary clauses Section 402 of the Employee Retirement...
  • Section H3E3527F8C90746688656A2BEC682773D: 4. Effective date The amendments made by sections 2 and 3 shall take effect on the date of enactment of this Act and shall apply with respect to any dispute or...

Evidence Chain:

This summary is generated from the full bill text using AI analysis. Expand "Detailed Analysis" below for identified beneficiaries/burden bearers with clause-level evidence links.

At a Glance

What This Bill Does

This bill, 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., changes federal law or congressional policy affecting workers, employers, and labor regulators.

Key Policy Areas

Labor, Criminal Justice, Environment

Primary Purpose

This bill, 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., changes federal law or congressional policy affecting workers, employers, and labor regulators.

Policy Domains

Labor Criminal Justice Environment

Whole bill

Identified Gains
  • workers, employers, and labor regulators
Model: codex-gpt-5 | Version: bill_summary_v2 | Source: ih
workers, employers, and labor regulators: ,
Identified Costs
  • federal implementing agencies
  • workers, employers, and labor regulators
Model: codex-gpt-5 | Version: bill_summary_v2 | Source: ih
federal implementing agencies: ,
workers, employers, and labor regulators: ,

Legislative Progress

Introduced
Introduced Committee Passed
Sep 25, 2024

Mr. DeSaulnier introduced the following bill; which was referred to …

Impact analysis is available but no clear stakeholder effects identified. View clause-level analysis →

Bill Structure & Actor Mappings

Who is "The Secretary" in each section?

Domains
Labor Criminal Justice Environment
Actor Mappings
"secretary_of_labor"
→ Secretary of Labor

Key Definitions

Terms defined in this bill

1 term
"postdispute arbitration provision" §H9D140E4469DA449C83D8405C72EA407F

a covered provision that requires a participant or beneficiary to arbitrate a dispute related to the plan or an amendment to the plan that arose before the time such provision took effect

We use a combination of our own taxonomy and classification in addition to large language models to assess meaning and potential beneficiaries. High confidence means strong textual evidence. Always verify with the original bill text.

Learn more about our methodology