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Protecting Employee and Retiree Rights in Benefit Disputes

This act aims to make it easier for employees and retirees to pursue their rights in court regarding retirement plans and benefits. It prohibits companies from forcing employees to waive their right to sue or join class action lawsuits, giving citizens more freedom to defend their financial and legal interests.
Key points
Ban on Mandatory Pre-Dispute Arbitration Clauses: Companies can no longer require employees to agree to arbitration (dispute resolution outside court) as a condition for participating in a retirement plan or receiving benefits.
Restrictions on Post-Dispute Arbitration Clauses: If a dispute has already arisen, agreement to arbitration must be voluntary, without coercion, with full information about rights, and after a waiting period.
Right to Class Action Lawsuits: The act invalidates any provisions that force employees to waive their right to join class action lawsuits or represent others in benefit disputes.
Court Decides Clause Validity: A court, not an arbitrator, will decide whether an arbitration clause is valid and enforceable, increasing citizens' chances for a fair resolution.
Greater Judicial Review of Benefit Decisions: Courts will be able to fully review decisions regarding benefits and plan rule interpretations, without company-imposed limitations.
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Expired
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Additional Information
Print number: 117_S_4219
Sponsor: Sen. Smith, Tina [D-MN]
Process start date: 2022-05-12
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Summarized by: gemini-2.5-flash-preview-05-20
Source data: api.congress.gov
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OFFICIAL LEGAL TITLE

Employee and Retiree Access to Justice Act of 2022

FREQUENTLY ASKED QUESTIONS

What is the official ID of this bill?

The official print number for this legislation is 117_S_4219.

Which chamber initiated this legislation?

This legislation was initiated in the Senate.

When did the legislative process begin?

The process officially started on 2022-05-12.

What are the main provisions?

Key points include:

  • Ban on Mandatory Pre-Dispute Arbitration Clauses: Companies can no longer require employees to agree to arbitration (dispute resolution outside court) as a condition for participating in a retirement plan or receiving benefits.
  • Restrictions on Post-Dispute Arbitration Clauses: If a dispute has already arisen, agreement to arbitration must be voluntary, without coercion, with full information about rights, and after a waiting period.
  • Right to Class Action Lawsuits: The act invalidates any provisions that force employees to waive their right to join class action lawsuits or represent others in benefit disputes.
  • Court Decides Clause Validity: A court, not an arbitrator, will decide whether an arbitration clause is valid and enforceable, increasing citizens' chances for a fair resolution.
  • Greater Judicial Review of Benefit Decisions: Courts will be able to fully review decisions regarding benefits and plan rule interpretations, without company-imposed limitations.
What is the specific legal status?

The current status is Expired.

Where can I read the full text of this legislation?

The full official text is available at: View full text

Who is the primary sponsor?

The primary sponsor is Sen. Smith, Tina [D-MN].

What is the latest detailed status?

The latest detailed status is: Introduced in Senate

Is this summary verified?

Yes. This content was analyzed by AI and verified by the Lustra Judge System on 2025-12-29.

CATEGORIES

Labor Courts and Law Benefits