Sec. 2. Definitions

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A research copy — for the controlling text, always check the official state or federal source. Not legal advice.

In this Act: The terms commerce and industry or activity affecting commerce means 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(1) and (3)). 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 any other provision of this paragraph, including an employee of the Library of Congress, except that a reference in such section to an employer shall be considered a reference to an employer described in paragraph (3)(A)(i)(I); an employee of the Government Accountability Office; or an employee of a covered employer described in paragraph (3)(B)(i)(IV); a State employee described in section 304(a) of the Government Employee Rights Act of 1991 (42 U.S.C. 2000e–16c(a)), other than an applicant for employment; a tipped employee, as defined in section 3(t) of the Fair Labor Standards Act of 1938 ( 29 U.S.C. 203(t) ), who is not covered under any other provision of this paragraph; a covered employee, as defined in section 411(c) of title 3, United States Code; a covered employee, as defined in section 101 of the Congressional Accountability Act of 1995 ( 2 U.S.C. 1301 ), other than an applicant for employment; or a Federal officer or employee covered under subchapter V of chapter 63 of title 5, United States Code (without regard to the limitation in section 6381(1)(B) of that title). The term employer means a person who is— a covered employer who is not described in any other subclause of this clause; 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). 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 1 or more employees for each working day during each of 20 or more calendar workweeks in the current or preceding year; means the Government Accountability Office and the Library of Congress; includes— any person who acts, directly or indirectly, in the interest of an employer covered by this clause to any of the employees of such employer; and any successor in interest of such an employer; and includes any carrier (as such term is defined in section 1 of the Railway Labor Act ( 45 U.S.C. 151 )) and any carrier by air (as described in section 201 of such Act ( 45 U.S.C. 181 ). For purposes of clause (i), a public agency, as defined in section 3(x) of the Fair Labor Standards Act of 1938 ( 29 U.S.C. 203(x) ), shall be considered to be a person engaged in commerce or in an industry or activity affecting commerce. For the purposes of this subparagraph: 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) ). The term person has the meaning given such term in section 3(a) of the Fair Labor Standards Act of 1938 ( 20 U.S.C. 203(a) ). Any reference in this paragraph to an employer shall include a reference to any predecessor of such employer. The term paid annual leave — subject to subparagraph (B), means paid vacation leave, paid personal leave, paid annual leave (provided under this Act or otherwise), or any other form of paid leave provided to an employee by the employer of such employee to be used on days in which the employee would otherwise work and receive pay, and such days are exclusive of nonworkdays established by State or Federal law; and does not include— leave provided under the Family and Medical Leave Act of 1993 ( 29 U.S.C. 2601 , et seq.); or any form of sick leave. The term rail carrier has the meaning given such term in section 10102 of title 49, United States Code. Unless otherwise specified, the term Secretary means the Secretary of Labor. The term sick leave means leave provided to an employee by the employer of such employee for reasons such as personal medical needs, family care or bereavement, care of a family member with a serious health condition, or adoption-related purposes, including leave required to be provided for such reasons under State or Federal law. The term State has the meaning given the term in section 3 of the Fair Labor Standards Act of 1938 ( 29 U.S.C. 203 ).

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