Fair Labor Standards Act of 1938

Section 3 of the Fair Labor Standards Act of 1938 (29 U.S.C. 203) is amended— (1) by striking subsection (d) and inserting the following: (d) Employer — (1) except as otherwise provided in this subsection, has the meaning given the term in section 101 of the 21st Century Worker Act; (2) includes any person (including a public agency) acting directly or indirectly in the interest of an employer in relation to an employee; and (3) does not include any labor organization (other than when acting as an employer) or anyone acting in the capacity of officer or agent of such labor organization.; (2) by striking paragraph (1) of subsection (e) and inserting the following: (1) Except as provided in paragraphs (2), (3), (4), and (5), the term employee has the meaning given the term employee in section 101 of the 21st Century Worker Act.; and (3) by striking subsection (g) and inserting the following: (g) (1) Employ includes to suffer or permit to work under a substantial economic relationship (as defined in section 101 of the 21st Century Worker Act) between an employer and employee. (2) Employment means the provision of goods or services by an employee for an employer..