Sec. 2. Definitions

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In this Act: 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(1) and (3)). The term covered employee means an individual who is— an employee who is not covered under any other provision of this paragraph, 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 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 any 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 any 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; includes 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. Any reference in this paragraph to an employer shall include a reference to any predecessor of such employer. The terms employ , employee , person , 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 paid annual leave — means paid vacation leave and paid personal leave provided to an employee by the employer of such employee to be used during period in which the employee would otherwise work; and does not include— paid or unpaid family and medical leave provided by the employer or required by Federal, State, or local law; leave provided under the Family and Medical Leave Act of 1993 ( 29 U.S.C. 2601 , et seq.); sick leave provided by the employer or required by Federal, State, or local law; bereavement leave provided by the employer or required by Federal, State or local law; leave provided by the employer or required by Federal State, or local law for purposes related to adoption or fostering of a child; leave related to domestic violence, sexual assault, or stalking provided by the employer or required by Federal, State, or local law; leave provided by the employer or required by Federal, State, or local law with respect to a public health emergency; absence or paid leave under workers' compensation or a disability plan; leave provided by the employer or leave required to be provided by Federal, State, or local law for holidays established by Federal, State, or local law; or leave provided by the employer or required by Federal, State, or local law for jury duty, civic duty, or to vote. 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.

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