Balance the Scales Act

The Balance the Scales Act would amend federal law governing employee retirement and health benefit plans. If enacted, it would require the Department of Labor to notify employers and plan sponsors whenever the department provides information or advice to employees that could be used in civil lawsuits against those plans or employers. Currently, the Labor Department's Employee Benefits Security Administration can investigate retirement and health plans and share investigation findings with participants who may want to pursue legal action. This bill would require the department to first enter into a written agreement with the employee receiving such information and provide a copy of that agreement to any affected employer, plan sponsor, or plan manager.

The bill would also require the Labor Department to submit annual reports to Congress detailing all such agreements, including copies of the agreements themselves, dates they were made, descriptions of the assistance provided, and records of communications between the department and employees. The bill has passed committee review and is eligible for a floor vote, though it would still need to pass the full House, Senate, and receive presidential approval to become law.