119th Congress Finance and Financial Sector
S. 1381: Protecting Employees and Retirees in Business Bankruptcies Act of 2025
Introduced
- Introduced (completed)
- Passed Senate (not reached)
- Passed House (not reached)
- To the President (not reached)
- Became law (not reached)
Summary
This bill establishes limits on executive compensation and provides protections for employee wages and benefits if an employer files for Chapter 11 (reorganization) bankruptcy.
First, the bill increases the limit on claims for wages, salaries, other employee benefits, and commissions from $10,000 to $20,000 and eliminates the requirement that such claims must have been earned within 180 days before the filing of the bankruptcy petition.
The bill grants certain claims higher priority in the bankruptcy process, including specific types of severance pay; contributions to an employee benefit plan; back pay, civil penalties, or damages arising from certain labor law violations; and certain pension plan withdrawal liabilities.
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The bill also limits executive compensation under a reorganization plan. For example, insiders (parties with close relationships to the debtor), senior executives, and others as specified by the bill may only receive payments or other distributions that are generally applicable to all full-time employees, subject to certain limits. The bill further restricts the compensation of any insider who continues to be employed by the debtor.
A reorganization plan may only be approved if it provides for the recovery of claims relating to retiree benefits or for other financial returns paid under the plan.
The bill also provides protections for collective bargaining agreements (CBAs) during bankruptcy proceedings. If a proceeding resulting from a CBA was or could have been commenced before the bankruptcy, the bankruptcy does not act as a stay in such a proceeding.
Written by the Congressional Research Service, Library of Congress.
Roll calls
No roll call votes have been held on this bill.
Amendments
No amendments were offered to this bill.
Cosponsors
- Tammy Duckworth D-ILOriginal
- Joshua Hawley R-MOOriginal
- Amy Klobuchar D-MNOriginal
- Brian Schatz D-HIOriginal
- Sheldon Whitehouse D-RIOriginal
- Catherine Cortez Masto D-NV
Who scored on this bill
- 1Richard Durbin SponsorDrew cross-party cosponsors, introduced2 events+6
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Introductions and cosponsorships count toward weekly caps and show no points.
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History
- Introduced in the Senate by Richard Durbin.
Show the full action history (2 actions)
- Introduced in Senate
- Read twice and referred to the Committee on the Judiciary. (text: CR S2523-2527)