; (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; (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