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Employee and Retiree Access to Justice Act Re-proposed

Representative Mark DeSaulnier (D-CA) has introduced HR 9820 – the Employee and Retiree Access to Justice Act. A Senate companion bill S. 5169 was introduced by Senator Tina Smith (D-MN). The bill would do the following.

  • Deem forced arbitration clauses, class action waivers, representative waivers, and discretionary clauses unenforceable with respect to ERISA and common law claims relating to benefits,
  • Prohibit the inclusion of such provisions in plan documents, and
  • Prohibit retaliations against individuals who decline to enter into forced arbitration agreements.