Employee and Retiree Access to Justice Act of 2024

HR 9820, the Employee and Retiree Access to Justice Act of 2024, makes certain arbitration clauses and class action waivers unenforceable in ERISA-covered retirement and health plans. It prohibits employers from requiring employees or retirees to waive their right to pursue individual, class, or collective claims in court through mandatory pre-dispute arbitration agreements. For post-dispute agreements, the bill requires clear written disclosures, a 45-day waiting period, and explicit written consent without coercion. The law applies to disputes arising after enactment, ensuring employees and retirees can access courts for plan-related claims without being forced into binding arbitration.