Employee and Retiree Access to Justice Act
Latest action (1 Oct 2026): Introduced
What this bill does
H.R. 10641, the Employee and Retiree Access to Justice Act, would amend the Employee Retirement Income Security Act of 1974. Specifically, it would make certain arbitration clauses and waivers unenforceable for participants and beneficiaries of employee benefit plans. This includes mandatory arbitration agreements signed before a dispute arises, as well as certain post-dispute arbitration agreements unless specific conditions are met, such as providing a clear notice of rights and a waiting period. The bill also addresses class action waivers, representation waivers, and discretionary clauses related to benefit determinations.
This bill would affect individuals who are participants or beneficiaries of employee benefit plans covered by ERISA. It aims to prevent these individuals from being compelled into arbitration or barred from pursuing class or representative actions. The bill also prohibits employers and plan administrators from including these types of clauses and waivers in plan documents or agreements with participants.
H.R. 10641 was introduced in the House of Representatives on October 1, 2026, and has been referred to the Committee on Education and Workforce. As the bill has just been introduced, it has not yet been voted on by the full House or the Senate. If it were to pass both chambers, it would then be sent to the President for signature into law.
Plain-English summary generated by Bill100 AI from the official record. Always verify against the source below.
Official summary
This bill is in the first stage of the legislative process. It was introduced into Congress on October 1, 2026. It will typically be considered by committee next before it is possibly sent on to the House or Senate as a whole.
Common questions
- What does H.R. 10641 do?
- H.R. 10641, the Employee and Retiree Access to Justice Act, would amend the Employee Retirement Income Security Act of 1974. Specifically, it would make certain arbitration clauses and waivers unenforceable for participants and beneficiaries of employee benefit plans. This includes mandatory arbitration agreements signed before a dispute arises, as well as certain post-dispute arbitration agreements unless specific conditions are met, such as providing a clear notice of rights and a waiting period. The bill also addresses class action waivers, representation waivers, and discretionary clauses related to benefit determinations. This bill would affect individuals who are participants or beneficiaries of employee benefit plans covered by ERISA. It aims to prevent these individuals from being compelled into arbitration or barred from pursuing class or representative actions. The bill also prohibits employers and plan administrators from including these types of clauses and waivers in plan documents or agreements with participants. H.R. 10641 was introduced in the House of Representatives on October 1, 2026, and has been referred to the Committee on Education and Workforce. As the bill has just been introduced, it has not yet been voted on by the full House or the Senate. If it were to pass both chambers, it would then be sent to the President for signature into law.
- Has H.R. 10641 become law?
- Not yet. As of 1 Oct 2026, H.R. 10641 is introduced.
- Who sponsored H.R. 10641?
- H.R. 10641 was sponsored by Rep. Mark DeSaulnier [D-CA10] (Democrat-CA), with 0 cosponsors.
- What's the latest action on H.R. 10641?
- Introduced (1 Oct 2026).
Bill100 mirrors the public U.S. legislative record from Congress.gov and GovTrack and adds plain-English AI summaries. It is an information tool, not legal, compliance or lobbying advice, and it is not affiliated with the U.S. Congress or any government agency. AI summaries can simplify or omit detail — every bill links to the official source; verify there before you rely on it.