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U.S. Code as of:
01/19/04
Section 630. Definitions
For the purposes of this chapter -
(a) The term "person" means one or more individuals,
partnerships, associations, labor organizations, corporations,
business trusts, legal representatives, or any organized groups of
persons.
(b) The term "employer" means a person engaged in an industry
affecting commerce who has twenty or more employees for each
working day in each of twenty or more calendar weeks in the current
or preceding calendar year: Provided, That prior to June 30, 1968,
employers having fewer than fifty employees shall not be considered
employers. The term also means (1) any agent of such a person, and
(2) a State or political subdivision of a State and any agency or
instrumentality of a State or a political subdivision of a State,
and any interstate agency, but such term does not include the
United States, or a corporation wholly owned by the Government of
the United States.
(c) The term "employment agency" means any person regularly
undertaking with or without compensation to procure employees for
an employer and includes an agent of such a person; but shall not
include an agency of the United States.
(d) The term "labor organization" means a labor organization
engaged in an industry affecting commerce, and any agent of such an
organization, and includes any organization of any kind, any
agency, or employee representation committee, group, association,
or plan so engaged in which employees participate and which exists
for the purpose, in whole or in part, of dealing with employers
concerning grievances, labor disputes, wages, rates of pay, hours,
or other terms or conditions of employment, and any conference,
general committee, joint or system board, or joint council so
engaged which is subordinate to a national or international labor
organization.
(e) A labor organization shall be deemed to be engaged in an
industry affecting commerce if (1) it maintains or operates a
hiring hall or hiring office which procures employees for an
employer or procures for employees opportunities to work for an
employer, or (2) the number of its members (or, where it is a labor
organization composed of other labor organizations or their
representatives, if the aggregate number of the members of such
other labor organization) is fifty or more prior to July 1, 1968,
or twenty-five or more on or after July 1, 1968, and such labor
organization -
(1) is the certified representative of employees under the
provisions of the National Labor Relations Act, as amended [29
U.S.C. 151 et seq.], or the Railway Labor Act, as amended [45
U.S.C. 151 et seq.]; or
(2) although not certified, is a national or international
labor organization or a local labor organization recognized or
acting as the representative of employees of an employer or
employers engaged in an industry affecting commerce; or
(3) has chartered a local labor organization or subsidiary body
which is representing or actively seeking to represent employees
of employers within the meaning of paragraph (1) or (2); or
(4) has been chartered by a labor organization representing or
actively seeking to represent employees within the meaning of
paragraph (1) or (2) as the local or subordinate body through
which such employees may enjoy membership or become affiliated
with such labor organization; or
(5) is a conference, general committee, joint or system board,
or joint council subordinate to a national or international labor
organization, which includes a labor organization engaged in an
industry affecting commerce within the meaning of any of the
preceding paragraphs of this subsection.
(f) The term "employee" means an individual employed by any
employer except that the term "employee" shall not include any
person elected to public office in any State or political
subdivision of any State by the qualified voters thereof, or any
person chosen by such officer to be on such officer's personal
staff, or an appointee on the policymaking level or an immediate
adviser with respect to the exercise of the constitutional or legal
powers of the office. The exemption set forth in the preceding
sentence shall not include employees subject to the civil service
laws of a State government, governmental agency, or political
subdivision. The term "employee" includes any individual who is a
citizen of the United States employed by an employer in a workplace
in a foreign country.
(g) The term "commerce" means trade, traffic, commerce,
transportation, transmission, or communication among the several
States; or between a State and any place outside thereof; or within
the District of Columbia, or a possession of the United States; or
between points in the same State but through a point outside
thereof.
(h) The term "industry 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
includes any activity or industry "affecting commerce" within the
meaning of the Labor-Management Reporting and Disclosure Act of
1959 [29 U.S.C. 401 et seq.].
(i) The term "State" includes a State of the United States, the
District of Columbia, Puerto Rico, the Virgin Islands, American
Samoa, Guam, Wake Island, the Canal Zone, and Outer Continental
Shelf lands defined in the Outer Continental Shelf Lands Act [43
U.S.C. 1331 et seq.].
(j) The term "firefighter" means an employee, the duties of whose
position are primarily to perform work directly connected with the
control and extinguishment of fires or the maintenance and use of
firefighting apparatus and equipment, including an employee engaged
in this activity who is transferred to a supervisory or
administrative position.
(k) The term "law enforcement officer" means an employee, the
duties of whose position are primarily the investigation,
apprehension, or detention of individuals suspected or convicted of
offenses against the criminal laws of a State, including an
employee engaged in this activity who is transferred to a
supervisory or administrative position. For the purpose of this
subsection, "detention" includes the duties of employees assigned
to guard individuals incarcerated in any penal institution.
(l) The term "compensation, terms, conditions, or privileges of
employment" encompasses all employee benefits, including such
benefits provided pursuant to a bona fide employee benefit plan.
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