S 5169 United States Senate · 118th Congress

Employee and Retiree Access to Justice Act of 2024

This bill prohibits mandatory pre-dispute arbitration clauses and class action waivers in employee retirement and health benefit plans. It directly affects workers and retirees covered by ERISA plans (like 401(k)s and health insurance) who might otherwise be forced into individual arbitration. Key provisions require employers to obtain explicit written consent after a 45-day waiting period for post-dispute arbitration, ban "discretionary authority" clauses that limit court review of benefit denials, and make certain agreements unenforceable if obtained through coercion. The law applies to disputes arising after enactment, with a one-year grace period for updating plan documents.
Bill status in committee 1 of 4 stages cleared
Introduction
Sep 2024
Committee Review
Floor Vote
President
Introduced Sep 25, 2024 Last action Sep 25, 2024
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Full legislative history

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Total actions
2
Key actions
0
Committee
1
Sep 25, 2024
Committee
Read twice and referred to the Committee on Health, Education, Labor, and Pensions.
upper
Sep 25, 2024
Introduced
Introduced in Senate
upper
1 primary · 0 co-sponsors

Sponsors

Role
Legislator
Party
State
District
P
Photo of Tina Smith
Tina Smith
DDemocratic
MN
n/a