Sec. 111. Definitions
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/bill/117/s/3285/is/section-111A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
In this subtitle: The term employee means an individual who is— an employee, 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 subparagraph (E), 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 (2)(A); or an employee of the Government Accountability Office; a State employee described in section 304(a) of the Government Employee Rights Act of 1991 (42 U.S.C. 2000e–16c(a)); a covered employee, as defined in section 101 of the Congressional Accountability Act of 1995 ( 2 U.S.C. 1301 ); a covered employee, as defined in section 411(c) of title 3, United States Code; or a Federal officer or employee covered under subchapter V of chapter 63 of title 5, United States Code. The term employer means a person who is— a covered employer, as defined in subparagraph (B), who is not covered under subclause (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 engaged in commerce (including government), or an industry or activity affecting commerce (including government), as defined in subparagraph (B)(iii). 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 year; includes— any person who acts, directly or indirectly, in the interest of an employer to any of the employees of such employer; and any successor in interest of an employer; includes any public agency, as defined in section 3(x) of the Fair Labor Standards Act of 1938 ( 29 U.S.C. 203(x) ); and includes the Government Accountability Office and the Library of Congress. For purposes of clause (i)(III), a public agency shall be considered to be a person engaged in commerce or in an industry or activity affecting commerce. For purposes of this subparagraph: 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, and include commerce and any industry affecting commerce, as defined in paragraphs
(1)and
(3)of section 501 of the Labor Management Relations Act, 1947 ( 29 U.S.C. 142 ). The term employee has the meaning given such term in section 3(e) of the Fair Labor Standards Act of 1938 ( 29 U.S.C. 203(e) ). Any reference in this paragraph to an employer shall include a reference to any predecessor of such employer. The term legally protected leave , when used with respect to an employee, means leave that is protected under a Federal, State, or local law applicable to the employee. The term no fault attendance policy means a policy or pattern and practice maintained by an employer under which employees face consequences for any absence, tardy, or early departure through the assessment of points (also referred to as demerits or occurrences ) or deductions from an allotted bank of time, and those points or deductions subject the employee to progressive disciplinary action, which may include failure to receive a promotion, loss of pay, or termination. The term person has the meaning given such term in section 701(a) of the Civil Rights Act of 1964 ( 42 U.S.C. 2000e(a) ). The term Secretary means the Secretary of Labor, acting through the Administrator of the Wage and Hour Division.
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- 42 USC 2000e–16c(a)
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