Definitions

In this title: (1) Employ The term employ has the meaning given the term in section 3(g) of the Fair Labor Standards Act of 1938 (29 U.S.C. 203(g)). (2) Employee Except as provided in section 205(e), the term employee means an individual who is— (A) 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 of subparagraphs (B) through (F), except that a reference in such section to an employer shall be considered to be a reference to a person in commerce described in paragraph (3)(A); (B) a State employee described in section 304(a) of the Government Employee Rights Act of 1991 (42 U.S.C. 2000e–16c(a)); (C) a covered employee, as defined in section 101 of the Congressional Accountability Act of 1995 (2 U.S.C. 1301), except that such term shall not include an applicant for employment; (D) a covered employee, as defined in section 411(c) of title 3, United States Code; (E) 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), who is not covered under subparagraph (D); or (F) an employee of the Government Accountability Office. (3) Employer Except as provided in section 205(e), the term employer — (A) (i) means any person in commerce that is not otherwise described in any other subparagraph of this paragraph and— (I) employs more than 15 employees described in paragraph (2)(A), which shall be calculated by including all employees described in paragraph (2)(A) performing work for compensation on a full-time, part-time, or temporary basis, except that if the number of such employees who perform work for such a person for compensation fluctuates, the number may be determined for a calendar year based upon the average number of such employees who performed work for the person for compensation during the preceding calendar year; or (II) is part of an integrated enterprise, chain of businesses, group of franchises associated with a franchisor, or network of franchises that, in the aggregate, employs more than 15 such employees, calculated in accordance with subclause (I); (ii) includes— (I) any person who acts, directly or indirectly, in the interest of such an employer to any of the employees (described in clause (i)) of such employer; and (II) any successor in interest of such an employer; and (iii) includes an agency described in subparagraph (A)(iii) of section 101(4) of the Family and Medical Leave Act of 1993 (29 U.S.C. 2611(4)); (B) is an entity employing a State employee described in section 304(a) of the Government Employee Rights Act of 1991 (42 U.S.C. 2000e–16c(a)); (C) is an employing office, as defined in section 101 of the Congressional Accountability Act of 1995 (2 U.S.C. 1301); (D) is an employing office, as defined in section 411(c) of title 3, United States Code; (E) is an employing agency covered under subchapter V of chapter 63 of title 5, United States Code; or (F) is the Comptroller General of the United States. (4) Person The term person, except as used with the term person in commerce, has the meaning given the term in section 3(a) of the Fair Labor Standards Act of 1938 (29 U.S.C. 203(a)). (5) Person in commerce (A) In general The term person in commerce means any person who is engaged in commerce, in any industry or activity affecting commerce, or in the production of goods for commerce. (B) Commerce In subparagraph (A), the term commerce includes government. (6) Secretary The term Secretary means the Secretary of Labor.