; (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. 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 ); (2) the term employment dispute means a dispute between an employer and an employee arising from or relating to the employment of the employee, and includes disputes that arise under common law or from the alleged violation of the Constitution of the United States, the constitution of a State, or a Federal, State, territorial, county, or municipal statute; (3) the term predispute arbitration agreement means any agreement to arbitrate a dispute that had not yet arisen at the time of the making of the agreement; and (4) the term postdispute arbitration agreement means any agreement to arbitrate a dispute that arose before the time of the making of the agreement. 402. Validity and enforceability (a) In general Notwithstanding any other chapter of this title— (1) no predispute arbitration agreement shall be valid or enforceable if it requires arbitration of an employment dispute; (2) no postdispute arbitration agreement that requires arbitration of an employment dispute shall be valid or enforceable unless— (A) the agreement was not required by the employer, obtained by coercion or threat of adverse action, or made a condition of employment or any employment-related privilege or benefit