U.S. Congress legislation · 119th Congress
SB5605: Employee and Retiree Access to Justice Act
Status: In committee, September 30, 2026
A 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.
What the bill says
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.
From the introduced text, September 30, 2026:
A 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. SECTION 1. Short title This Act may be cited as the Employee and Retiree Access to Justice Act . SECTION 2. Unenforceable arbitration clauses, class action waivers, representation waivers, and discretionary clauses (a) In general Section 502 of the Employee Retirement Income Security Act of 1974 ( 29 U.S.C. 1132 ) is amended by adding at the end the following: (n) (1) In any civil action brought by, or on behalf of, a participant or beneficiary pursuant to this section or with respect to a common law claim involving a plan or plan benefit, notwithstanding any other provision of law-- (A) no predispute arbitration provision shall be valid or enforceable if it requires arbitration of a matter related to a claim brought under this section; (B) no postdispute arbitration provision shall be valid or enforceable unless-- (i) the provision was not required by any person, obtained by coercion or threat of adverse action, or made a condition of …
Sponsors
- Smith, Tina (D) · primary sponsor
Latest actions
- : Read twice and referred to the Committee on Health, Education, Labor, and Pensions.
- : Introduced in Senate
Subjects: Labor and Employment
Common questions
- What is SB5605?
- SB5605 is a bill in Congress (119th Congress): Employee and Retiree Access to Justice Act.
- What does SB5605 do?
- In its own words: 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.
- What is the status of SB5605?
- In committee as of September 30, 2026. Latest action: Read twice and referred to the Committee on Health, Education, Labor, and Pensions. (September 30, 2026).
- Who sponsored SB5605?
- Smith, Tina (D).
- Where is the official record for SB5605?
- On the Congress website: https://www.congress.gov/bill/119th-congress/senate-bill/5605
Source: official Congress record. Tracked by Delilah, AI for legislation across all 50 states and Congress.