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.
Sponsor: Rep. DeSaulnier, Mark (D-CA)1 cosponsorIntroduced Oct 1, 2026
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In plain English
H.R. 10641 makes mandatory arbitration clauses, class action waivers, representation waivers, and discretionary clauses unenforceable in employee retirement plans covered by federal pension law. The bill prohibits these clauses and waivers from being included in plan documents or agreements between plans and participants. Sponsored by Rep. Mark DeSaulnier (D-CA), the bill was referred to the House Committee on Education and Workforce in October 2026.
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