Sec. 3. Definitions
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In this Act: The term administrative officer , used with respect to an employer or an employee, means the corresponding individual or entity with authority to issue regulations under section 13. The term employee means an individual— who is— an employee (including an applicant), as defined in section 3(e) of the Fair Labor Standards Act of 1938 ( 29 U.S.C. 203(e) ), who is not covered under any of clauses
(ii)through (v), including such an employee of the Library of Congress, except that a reference in such section to an employer shall be considered to be a reference to an employer described in clauses (i)(I) and
(ii)of paragraph (3)(A); or an employee (including an applicant) of the Government Accountability Office; a State employee (including an applicant) described in section 304(a) of the Government Employee Rights Act of 1991 (42 U.S.C. 2000e–16c(a)); a covered employee (including an applicant), as defined in section 101 of the Congressional Accountability Act of 1995 ( 2 U.S.C. 1301 ); a covered employee (including an applicant), as defined in section 411(c) of title 3, United States Code; or a Federal officer or employee (including an applicant) covered under subchapter V of chapter 63 of title 5, United States Code; and who works at least 20 hours per week or, in the alternative, at least 1,000 hours per year. The term employer means a person who is— a covered employer, as defined in subparagraph (B), who is not covered under any of subclauses
(II)through (V); an entity employing a State employee described in section 304(a) of the Government Employee Rights Act of 1991; an employing office, as defined in section 101 of the Congressional Accountability Act of 1995; an employing office, as defined in section 411(c) of title 3, United States Code; or an employing agency covered under subchapter V of chapter 63 of title 5, United States Code; and is engaged in commerce (including government), in the production of goods for commerce, or in an enterprise engaged in commerce (including government) or in the production of goods for commerce. In subparagraph (A)(i)(I), the term covered employer — means any person engaged in commerce or in any industry or activity affecting commerce who employs 15 or more employees for each working day during each of 20 or more calendar workweeks in the current or preceding calendar year; includes— any person who acts, directly or indirectly, in the interest of such an employer to any of the employees of such employer; and any successor in interest of such an employer; and includes an agency described in clause
(iii)or
(iv)of subparagraph
(A)of section 101(4) of the Family and Medical Leave Act of 1993 ( 29 U.S.C. 2611(4) ), to which subparagraph
(B)of such section shall apply. For purposes of this subparagraph: The terms commerce and industry or activity affecting commerce have the meanings given the terms in section 101 of such Act ( 29 U.S.C. 2611 ). The terms employee and person have the meanings given such terms in section 3 of the Fair Labor Standards Act of 1938 ( 29 U.S.C. 203 ). Any reference in this paragraph to an employer shall include a reference to any predecessor of such employer. The term Secretary means the Secretary of Labor. The term supervisor has the meaning given the term in section 152 of the National Labor Relations Act (29 U.S.C. 152). For purposes of applying this paragraph, a reference in such section— to an employee shall be considered to be a reference to an employee, as defined in this section; and to an employer shall be considered to be a reference to an employer, as defined in this section.
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- 42 USC 2000e–16c(a)
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