Definitions

In this Act: (1) Commerce The terms commerce and industry or activity affecting commerce — (A) 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 (B) include commerce and 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)). (2) Covered employee The term covered employee means an individual who is— (A) (i) an employee who is not covered under any other provision of this paragraph; (ii) an employee of the Government Accountability Office; or (iii) an employee of a covered employer described in paragraph (3)(B)(i)(V); (B) 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; (C) a covered employee, as defined in section 411(c) of title 3, United States Code; (D) 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 (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 (C). (3) Employer (A) In general The term employer means any person who is— (i) (I) a covered employer who is not described in any other subclause of this clause; (II) an entity employing a State employee described in section 304(a) of the Government Employee Rights Act of 1991; (III) an employing office, as defined in section 101 of the Congressional Accountability Act of 1995 (2 U.S.C. 1301); (IV) an employing office, as defined in section 411(c) of title 3, United States Code; or (V) an employing agency covered under subchapter V of chapter 63 of title 5, United States Code; and (ii) engaged in commerce (including government), or an industry or activity affecting commerce (including government). (B) Covered employer (i) In general In subparagraph (A)(i)(I), the term covered employer — (I) 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; (II) includes the Government Accountability Office and the Library of Congress; (III) includes any public agency; (IV) includes— (aa) 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 (bb) any successor in interest of such an employer; and (V) 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)). (ii) Public agency 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. (C) Predecessors Any reference in this paragraph to an employer shall include a reference to any predecessor of such employer. (4) Paid annual leave The term paid annual leave — (A) subject to subparagraph (B), means paid vacation leave, paid personal leave, paid leave provided on an annual basis (provided under this Act or otherwise), or any other form of paid leave provided to a covered employee by the employer of such covered employee to be used during a period (other than nonworkdays established by State or Federal law) in which the covered employee would otherwise work; and (B) does not include— (i) leave provided under the Family and Medical Leave Act of 1993 (29 U.S.C. 2601, et seq.); (ii) leave (paid or unpaid) that is provided by an employer of a covered employee, including such leave required by Federal, State, or local law, and is— (I) family or medical leave; (II) sick leave; (III) bereavement leave; (IV) leave related to the adoption or fostering of a child; (V) leave related to domestic violence, sexual assault, or stalking; (VI) leave with respect to a public health emergency; (VII) leave for a holiday established by Federal, State, or local law; or (VIII) leave for jury duty, for a civic duty, or to vote; or (iii) any absence or paid leave under workers’ compensation or a disability plan. (5) Secretary The term Secretary means the Secretary of Labor. (6) FLSA definitions (A) In general Except as provided in subparagraph (B), the terms employ, employee, person, public agency, State, and tipped employee have the meanings given the terms in section 3 of the Fair Labor Standards Act of 1938 (29 U.S.C. 203). (B) Employee For purposes of paragraph (2)(A)(i), the term employee has meaning given the term in section 3 of the Fair Labor Standards Act of 1938 (29 U.S.C. 203), 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).