Sec. 101. Definitions

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In this title: The term COVID–19 Public Health Emergency means the public health emergency first declared on January 31, 2020, by the Secretary of Health and Human Services under section 319 of the Public Health Service Act ( 42 U.S.C. 247d ) with respect to COVID–19. Except as provided in paragraph (3)(C)(iii), the term employee means an individual (not employed by an entity excluded from the definition of the term employer for purposes of this title under paragraph (3)(B)) who is— an employee, as defined in section 3(e) of the Fair Labor Standards Act of 1938 ( 29 U.S.C. 203(e) ), except that a reference in such section 3(e) to an employer shall be considered to be a reference to an employer described in clauses (i)(I) and

(ii)of paragraph (3)(A); a State employee described in section 304(a) of the Government Employee Rights Act of 1991 (42 U.S.C. 2000e–16c(a)); or an employee of a Tribal employer. The term employer means, except as provided in subparagraph (B), a person who is— a covered employer, as defined in subparagraph (C); an entity employing a State employee described in section 304(a) of the Government Employee Rights Act of 1991; or a Tribal employer; and engaged in commerce (including government), or an industry or activity affecting commerce (including government). The term employer does not include— each agency, office, or other establishment in the executive, legislative, or judicial branch of the Federal Government including those listed in clause (ii), except, only as provided in section 102(g)(2), the VA Office of Geriatrics & Extended Care of the Veterans Health Administration; the United States Postal Service or the Postal Regulatory Commission; or a nonappropriated fund instrumentality under the jurisdiction of the Armed Forces. The agencies, offices, are other establishments listed in this clause include— each agency, office, or other establishment in the executive, legislative, or judicial branch of the Federal Government, including— an Executive agency, as that term is defined in section 105 of title 5, United States Code; a military department, as that term is defined in section 102 of title 5, United States Code; the Federal Aviation Administration; the Transportation Security Administration; the Department of Veterans Affairs; and the Government Accountability Office; the District of Columbia courts and the District of Columbia Public Defender Service; and an Indian tribe or tribal organization carrying out a contract or compact under the Indian Self-Determination and Education Assistance Act ( 25 U.S.C. 5301 et seq.); an Indian tribe or tribal organization that receives a grant under the Tribally Controlled Schools Act of 1988 ( 25 U.S.C. 2501 et seq.); and an urban Indian organization that receives a grant or carries out a contract under title V of the Indian Health Care Improvement Act ( 25 U.S.C. 1651 et seq.). In subparagraph (A)(i)(I), the term covered employer — means any person engaged in commerce (including government), or in any industry or activity affecting commerce (including government), who employs 1 or more employees; includes— any person who acts directly or indirectly in the interest of (within the meaning of section 3(d) of the Fair Labor Standards Act of 1938 ( 29 U.S.C. 203(d) )) an employer in relation to any of the employees of such employer; and any successor in interest of an employer; except as provided in subparagraph (B), includes any public agency, as defined in section 3(x) of the Fair Labor Standards Act of 1938 ( 29 U.S.C. 203(x) ); includes any person described in subclause

(I)who conducts business as a not-for-profit organization; includes— an entity or person that contracts directly with a State, locality, Tribal government, or the Federal Government, to provide care (which may include items and services) through employees of such entity or person to individuals under the Medicare program under title XVIII of the Social Security Act ( 42 U.S.C. 1395 et seq.), under a State Medicaid plan under title XIX of such Act ( 42 U.S.C. 1396 et seq.) or under a waiver of such plan, or under any other program established or administered by a State, locality, Tribal government, or the Federal Government; a subcontractor of an entity or person described in item (aa); an individual client (or a representative on behalf of an individual client), an entity, or a person, that employs an individual to provide care (which may include items and services) to the individual client under a self-directed service delivery model through a program established or administered by a State, locality, Tribal government, or the Federal Government; or an individual client (or a representative on behalf of an individual client) that, on their own accord, employs an individual to provide care (which may include items and services) to the individual client using the individual client's own finances; includes the United States Postal Service; includes a nonappropriated fund instrumentality under the jurisdiction of the Armed Forces; and includes, only with respect to section 102(g)(2), the VA Office of Geriatrics & Extended Care of the Veterans Health Administration. For purposes of this title, a public agency shall be considered to be a person engaged in commerce or in an industry or activity affecting commerce. For purposes of clause (i), the term employee has the meaning given such term in section 3(e), except such term does not include any individual employed by entity excluded from the definition of the term employer for purposes of this title under subparagraph (B). Any reference in this paragraph to an employer shall include a reference to any predecessor of such employer. For purposes of this paragraph, the terms commerce and industry or activity affecting commerce — mean any activity, business, or industry in commerce or in which a labor dispute would hinder or obstruct commerce or the free flow of commerce; include commerce and any industry affecting commerce, as such terms are defined in paragraphs

(1)and

(3)of section 501 of the Labor Management Relations Act, 1947 ( 29 U.S.C. 142(1) and (3)); and include commerce, as defined in section 3(b) of the Fair Labor Standards Act of 1938 ( 29 U.S.C. 203(b) ) and as described in section 2(a) of such Act ( 29 U.S.C. 202(a) ). The term employer payroll taxes means— taxes imposed under sections 3111(b), 3221(a) (but only to the extent attributable to the portion of such tax attributable to the tax imposed by section 3111(b)), 3221(b), and 3301 of the Internal Revenue Code of 1986; and taxes imposed by a State or local government on an employer with respect to amounts paid by such employer for work by employees. The term essential work means any work that— is performed during the period that begins on January 27, 2020, and ends 60 days after the last day of the COVID–19 Public Health Emergency; is not performed while teleworking from a residence; involves— regular in-person interactions with— patients; the public; or coworkers of the individual performing the work; or regular physical handling of items that were handled by, or are to be handled by— patients; the public; or coworkers of the individual performing the work; and is in any of the following areas: First responder work, in the public sector or private sector, including services in response to emergencies that have the potential to cause death or serious bodily injury, such as police, fire, emergency medical, protective, child maltreatment, domestic violence, and correctional services (including activities carried out by employees in fire protection activities, as defined in section 3(y) of the Fair Labor Standards Act of 1938 ( 29 U.S.C. 203(y) ) and activities of law enforcement officers, as defined in section 1204(6) of the Omnibus Crime Control and Safe Streets Act of 1968 ( 34 U.S.C. 10284(6) ). Health care work physically provided in inpatient settings (including hospitals and other inpatient post-acute care settings such as nursing homes, inpatient rehabilitation facilities, and other related settings) and other work physically performed in such inpatient settings that supports or is in furtherance of such health care work physically provided in inpatient settings. Health care work physically provided in outpatient settings (including at physician offices, community health centers, rural health clinics and other clinics, hospital outpatient departments, freestanding emergency departments, ambulatory surgical centers, and other related settings), and other work physically performed in such inpatient settings that supports or is in furtherance of such health care work physically provided in outpatient settings. Pharmacy work, physically performed in pharmacies, drug stores, or other retail facilities specializing in medical goods and supplies. Any work physically performed in a facility that performs medical testing and diagnostic services, including laboratory processing, medical testing services, or related activities. Home and community-based work, including home health care, residential care, assistance with activities of daily living, and any services provided by direct care workers (as defined in section 799B of the Public Health Service Act ( 42 U.S.C. 295p )), personal care aides, job coaches, or supported employment providers, and any other provision of care to individuals in their homes by direct service providers, personal care attendants, and home health aides. Biomedical research regarding SARS–CoV–2 and COVID–19 that involves the handling of hazardous materials such as COVID–19 samples. Behavioral health work requiring physical interaction with individuals, including mental health services and substance use disorder prevention, treatment, and recovery services. Nursing care and residential care work physically provided in a facility. Family care, including child care services, in-home child care services such as nanny services, and care services provided by family members to other family members. Social services work, including social work, case management, social and human services, child welfare, family services, shelter and services for people who have experienced intimate partner violence or sexual assault, services for individuals who are homeless, child services, community food and housing services, and other emergency social services. Public health work conducted at State, local, territorial, and Tribal government public health agencies, including epidemiological activities, surveillance, contact tracing, data analysis, statistical research, health education, and other disease detection, prevention, and response methods. Tribal vital services, as defined by the Commissioner of the Administration for Native Americans in consultation with Tribal governments and after conferring with urban Indian organizations. Grocery work physically performed at grocery stores, supermarkets, convenience stores, corner stores, drug stores, retail facilities specializing in medical goods and supplies, bodegas, and other locations where individuals purchase non-prepared food items. Restaurant work, including carry-out, drive-thru, or food delivery work, requiring physical interaction with individuals or food products. Food production work involving the physical interaction with food products, including all agricultural work, farming, fishing, forestry, ranching, processing, canning, slaughtering, packaging, baking, butchering, and other food production work, such as any service or activity included within the provisions of section 3(f) of the Fair Labor Standards Act of 1938 ( 29 U.S.C. 203(f) ), or section 3121(g) of the Internal Revenue Code of 1986, and the handling, planting, drying, packing, packaging, processing, freezing, or grading prior to delivery for storage of any agricultural or horticultural commodity in its unmanufactured state. Transportation work, including— any services in public transportation, as defined in section 5302(14) of title 49, United States Code; any private transportation of people, such as transportation provided by air, rail, bus, taxicab, personal car or truck, non-motorized vehicle, or otherwise, including all services performed by individuals working in or on such vehicles, vehicle depots, or transit facilities; any private transportation of goods in bulk, including transportation via heavy or light truck, rail, air, or otherwise; any public or private transportation of mail or packages; any private transportation of food or other goods to individuals, including in a personal car or truck, non-motorized vehicle, or otherwise; any services in passenger rail transportation, including commuter rail, intercity passenger rail, or Amtrak, including services performed by employees of contractors of such entities; any services in the transportation of persons, property, or mail by an aircraft of an air carrier conducting operations under part 121 of title 14, Code of Federal Regulations (or successor regulations), or a foreign air carrier within, to, or from the United States, either on board an aircraft or on the ground at an airport, including services performed by employees of contractors of air carriers, or foreign air carriers, as described in section 4111(3) of the CARES Act ( Public Law 116–136 ); any services as an aircraft mechanic or technician who performs maintenance, repair, or overhaul work on an aircraft of an air carrier conducting operations under such part 121 or foreign air carrier within the United States; services as maritime workers who qualify as seamen under section 10101(3) of title 46, United States Code, and other maritime employees including— longshoremen, harbor workers, and shipbuilders covered under section 2(3) of the Longshore and Harbor Workers' Compensation Act ( 33 U.S.C. 902(3) ) involved in the transportation of merchandise or passengers by water; and shipbuilders and ship repairers who are working for an employer performing shipbuilding or ship repair work under contract or subcontract to the Departments of Defense, Energy, or Homeland Security for military or other national security purposes; and services as maritime transportation workers supporting or enabling transportation functions, including such services as— barge workers, tug operators, and port and facility security personnel; marine dispatchers; and workers who repair and maintain marine vessels (including the equipment and infrastructure that enables operations that encompass movement of cargo and passengers). Work physically performed in a warehouse or other facility in warehousing (including all services performed by individuals picking, sorting, packing, and shipping in warehouses), storage, distribution, or call center support facilities, and other essential operational support functions that are necessary to accept, store, and process goods, and that facilitate the goods' transportation and delivery. Cleaning work and building maintenance work physically performed on the grounds of a facility, including all custodial or janitorial services, security services, and repair and maintenance services. Work in the collection, removal, transport, storage, or disposal of residential, industrial, or commercial solid waste and recycling, including services provided by individuals who drive waste or recycling trucks, who pick up waste or recycling from residential or commercial locations, or who work at waste or recycling centers or landfills. Work in the gathering, processing, disseminating, and delivery of news and information that serves the public interest to the public through mass media, including television, radio, and newspapers. Any work performed by an employee of a State, locality, or Tribal government, that is determined to be essential work by the highest authority of such State, locality, or Tribal government. Educational work, school nutrition work, and other work required to operate a school facility, including early childhood programs, preschool programs, elementary and secondary education, and higher education. Laundry work, including work in laundromats, laundry service companies, and dry cleaners. Elections work physically performed at polling places or otherwise amongst the public, including public-sector elections personnel and private-sector elections personnel. Hazardous materials management, response, and cleanup work associated with any other essential work covered under this paragraph, including health care waste (including medical, pharmaceuticals, and medical material production), and testing operations (including laboratories processing test kits). Disinfection work for all facilities and modes of transportation involved in other essential work covered under this paragraph. Work in critical clinical research, development, and testing necessary for COVID–19 response that involves physical interaction with hazardous materials, such as samples of COVID–19. Work in mortuary, funeral, cremation, burial, cemetery, and related services. Work requiring physical interactions with patients in physical therapy, occupational therapy, speech-language pathology, and respiratory therapy and other therapy services. Dental care work requiring physical interaction with patients. Work performed by employees of the U.S. Postal Service. Work at hotel and commercial lodging facilities that are used for COVID–19 mitigation and containment measures. Work installing or repairing a telecommunications line or equipment. The term essential worker means an individual, whose work and duties include essential work, and who is— an employee of an employer; or an individual performing any services or labor for remuneration for an employer, regardless of whether the individual is classified as an independent contractor by the employer. The term essential work employer means an employer who employs, or provides remuneration for services or labor to, an essential worker. The terms employ , person , regular rate , and State have the meanings given the terms in section 3 of the Fair Labor Standards Act of 1938 ( 29 U.S.C. 203 ). The term highly-compensated essential worker means an essential worker who is paid the equivalent of $200,000 or more per year by an essential work employer. The term large essential work employer means an essential work employer who has more than 500 individuals who are employed by the employer or are otherwise providing services or labor for remuneration for the employer. The term self-directed care worker means an individual employed to provide care (which may include items and services) to an individual client— under a self-directed service delivery model through a program established or administered by a State, locality, Tribal government, or the Federal Government; or on the individual client's own accord and using the individual client's own finances. The term Tribal employer means— any Tribal government, a subdivision of a Tribal government (determined in accordance with section 7871(d) of the Internal Revenue Code), or an agency or instrumentality of a Tribal government or subdivision thereof; any Tribal organization (as the term tribal organization is defined in section 4(l) of the Indian Self-Determination and Education Assistance Act ( 25 U.S.C. 5304(l) )); any corporation if more than 50 percent (determined by vote and value) of the outstanding stock of such corporation is owned, directly or indirectly, by any entity described in subparagraph

(A)or (B); or any partnership if more than 50 percent of the value of the capital and profits interests of such partnership is owned, directly or indirectly, by any entity described in subparagraph

(A)or (B). The term Tribal government means the recognized governing body of any Indian or Alaska Native tribe, band, nation, pueblo, village, community, component band, or component reservation individually identified (including parenthetically) in the list published most recently as of the date of enactment of this Act pursuant to section 104 of the Federally Recognized Indian Tribe List Act of 1994 ( 25 U.S.C. 5131 ). The term work means employment by, or engagement in providing labor or services for, an employer.

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