; (B) each employee entering into the agreement was informed in writing using sufficiently plain language likely to be understood by the average employee of— (i) the right of the employee under paragraph (3) to refuse to enter the agreement without retaliation; and (ii) the protections under section 8(a)(6) of the National Labor Relations Act ( 29 U.S.C. 158(a)(6) ); (C) each employee entering into the agreement entered the agreement after a waiting period of not fewer than 45 days, beginning on the date on which the employee was provided both the final text of the agreement and the disclosures required under subparagraph (B); and (D) each employee entering into the agreement affirmatively consented to the agreement in writing