; (2) prohibit retaliation against employees for refusing to arbitrate employment disputes; (3) provide protections to ensure that postdispute arbitration agreements are truly voluntary and with the informed consent of employees; and (4) amend the National Labor Relations Act to prohibit agreements and practices that interfere with employees’ right to collectively litigate employment disputes. 4. Protection of concerted activity Section 8(a) of the National Labor Relations Act ( 29 U.S.C. 158(a) ) is amended— (1) in paragraph (5), by striking the period at the end and inserting ; and ; and (2) by adding at the end the following: (6) (A) to enter into or attempt to enforce any agreement, express or implied, whereby prior to a dispute to which the agreement applies, an employee undertakes or promises not to pursue, bring, join, litigate, or support any kind of joint, class, or collective legal action arising from or relating to the employment of such employee in any forum that, but for such agreement, is of competent jurisdiction; or (B) to retaliate or threaten to retaliate against an employee for refusing to undertake or promise not to pursue, bring, join, litigate, or support any kind of joint, class, or collective legal action arising from or relating to the employment of such employee: Provided , That any agreement that violates this paragraph or results from a violation of this paragraph shall be to such extent unenforceable and void: Provided further , That this paragraph shall not apply to any agreement embodied in or expressly permitted by a contract between an employer and a labor organization. . 5. Arbitration of employment disputes (a) In general Title 9 of the United States Code is amended by adding at the end the following: 4 Arbitration of employment disputes Sec. 401. Definitions. 402. Validity and enforceability. 401. Definitions In this chapter— (1) the terms commerce , employee , and employer have the meanings given the terms in section 3 of the Fair Labor Standards Act of 1938 ( 29 U.S.C. 203 )