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U.S. Code as of:
01/19/04
Section 203. Definitions
As used in this chapter -
(a) "Person" means an individual, partnership, association,
corporation, business trust, legal representative, or any organized
group of persons.
(b) "Commerce" means trade, commerce, transportation,
transmission, or communication among the several States or between
any State and any place outside thereof.
(c) "State" means any State of the United States or the District
of Columbia or any Territory or possession of the United States.
(d) "Employer" includes any person acting directly or indirectly
in the interest of an employer in relation to an employee and
includes a public agency, but 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.
(e)(1) Except as provided in paragraphs (2), (3), and (4), the
term "employee" means any individual employed by an employer.
(2) In the case of an individual employed by a public agency,
such term means -
(A) any individual employed by the Government of the United
States -
(i) as a civilian in the military departments (as defined in
section 102 of title 5),
(ii) in any executive agency (as defined in section 105 of
such title),
(iii) in any unit of the judicial branch of the Government
which has positions in the competitive service,
(iv) in a nonappropriated fund instrumentality under the
jurisdiction of the Armed Forces,
(v) in the Library of Congress, or
(vi) the (!1) Government Printing Office;
(B) any individual employed by the United States Postal Service
or the Postal Rate Commission; and
(C) any individual employed by a State, political subdivision
of a State, or an interstate governmental agency, other than such
an individual -
(i) who is not subject to the civil service laws of the
State, political subdivision, or agency which employs him; and
(ii) who -
(I) holds a public elective office of that State, political
subdivision, or agency,
(II) is selected by the holder of such an office to be a
member of his personal staff,
(III) is appointed by such an officeholder to serve on a
policymaking level,
(IV) is an immediate adviser to such an officeholder with
respect to the constitutional or legal powers of his office,
or
(V) is an employee in the legislative branch or legislative
body of that State, political subdivision, or agency and is
not employed by the legislative library of such State,
political subdivision, or agency.
(3) For purposes of subsection (u) of this section, such term
does not include any individual employed by an employer engaged in
agriculture if such individual is the parent, spouse, child, or
other member of the employer's immediate family.
(4)(A) The term "employee" does not include any individual who
volunteers to perform services for a public agency which is a
State, a political subdivision of a State, or an interstate
governmental agency, if -
(i) the individual receives no compensation or is paid
expenses, reasonable benefits, or a nominal fee to perform the
services for which the individual volunteered; and
(ii) such services are not the same type of services which the
individual is employed to perform for such public agency.
(B) An employee of a public agency which is a State, political
subdivision of a State, or an interstate governmental agency may
volunteer to perform services for any other State, political
subdivision, or interstate governmental agency, including a State,
political subdivision or agency with which the employing State,
political subdivision, or agency has a mutual aid agreement.
(5) The term "employee" does not include individuals who
volunteer their services solely for humanitarian purposes to
private non-profit food banks and who receive from the food banks
groceries.
(f) "Agriculture" includes farming in all its branches and among
other things includes the cultivation and tillage of the soil,
dairying, the production, cultivation, growing, and harvesting of
any agricultural or horticultural commodities (including
commodities defined as agricultural commodities in section 1141j(g)
of title 12), the raising of livestock, bees, fur-bearing animals,
or poultry, and any practices (including any forestry or lumbering
operations) performed by a farmer or on a farm as an incident to or
in conjunction with such farming operations, including preparation
for market, delivery to storage or to market or to carriers for
transportation to market.
(g) "Employ" includes to suffer or permit to work.
(h) "Industry" means a trade, business, industry, or other
activity, or branch or group thereof, in which individuals are
gainfully employed.
(i) "Goods" means goods (including ships and marine equipment),
wares, products, commodities, merchandise, or articles or subjects
of commerce of any character, or any part or ingredient thereof,
but does not include goods after their delivery into the actual
physical possession of the ultimate consumer thereof other than a
producer, manufacturer, or processor thereof.
(j) "Produced" means produced, manufactured, mined, handled, or
in any other manner worked on in any State; and for the purposes of
this chapter an employee shall be deemed to have been engaged in
the production of goods if such employee was employed in producing,
manufacturing, mining, handling, transporting, or in any other
manner working on such goods, or in any closely related process or
occupation directly essential to the production thereof, in any
State.
(k) "Sale" or "sell" includes any sale, exchange, contract to
sell, consignment for sale, shipment for sale, or other
disposition.
(l) "Oppressive child labor" means a condition of employment
under which (1) any employee under the age of sixteen years is
employed by an employer (other than a parent or a person standing
in place of a parent employing his own child or a child in his
custody under the age of sixteen years in an occupation other than
manufacturing or mining or an occupation found by the Secretary of
Labor to be particularly hazardous for the employment of children
between the ages of sixteen and eighteen years or detrimental to
their health or well-being) in any occupation, or (2) any employee
between the ages of sixteen and eighteen years is employed by an
employer in any occupation which the Secretary of Labor shall find
and by order declare to be particularly hazardous for the
employment of children between such ages or detrimental to their
health or well-being; but oppressive child labor shall not be
deemed to exist by virtue of the employment in any occupation of
any person with respect to whom the employer shall have on file an
unexpired certificate issued and held pursuant to regulations of
the Secretary of Labor certifying that such person is above the
oppressive child-labor age. The Secretary of Labor shall provide by
regulation or by order that the employment of employees between the
ages of fourteen and sixteen years in occupations other than
manufacturing and mining shall not be deemed to constitute
oppressive child labor if and to the extent that the Secretary of
Labor determines that such employment is confined to periods which
will not interfere with their schooling and to conditions which
will not interfere with their health and well-being.
(m) "Wage" paid to any employee includes the reasonable cost, as
determined by the Administrator, to the employer of furnishing such
employee with board, lodging, or other facilities, if such board,
lodging or other facilities are customarily furnished by such
employer to his employees: Provided, That the cost of board,
lodging, or other facilities shall not be included as a part of the
wage paid to any employee to the extent it is excluded therefrom
under the terms of a bona fide collective-bargaining agreement
applicable to the particular employee: Provided further, That the
Secretary is authorized to determine the fair value of such board,
lodging, or other facilities for defined classes of employees and
in defined areas, based on average cost to the employer or to
groups of employers similarly situated, or average value to groups
of employees, or other appropriate measures of fair value. Such
evaluations, where applicable and pertinent, shall be used in lieu
of actual measure of cost in determining the wage paid to any
employee. In determining the wage an employer is required to pay a
tipped employee, the amount paid such employee by the employee's
employer shall be an amount equal to -
(1) the cash wage paid such employee which for purposes of such
determination shall be not less than the cash wage required to be
paid such an employee on August 20, 1996; and
(2) an additional amount on account of the tips received by
such employee which amount is equal to the difference between the
wage specified in paragraph (1) and the wage in effect under
section 206(a)(1) of this title.
The additional amount on account of tips may not exceed the value
of the tips actually received by an employee. The preceding 2
sentences shall not apply with respect to any tipped employee
unless such employee has been informed by the employer of the
provisions of this subsection, and all tips received by such
employee have been retained by the employee, except that this
subsection shall not be construed to prohibit the pooling of tips
among employees who customarily and regularly receive tips.
(n) "Resale" shall not include the sale of goods to be used in
residential or farm building construction, repair, or maintenance:
Provided, That the sale is recognized as a bona fide retail sale in
the industry.
(o) Hours Worked. - In determining for the purposes of sections
206 and 207 of this title the hours for which an employee is
employed, there shall be excluded any time spent in changing
clothes or washing at the beginning or end of each workday which
was excluded from measured working time during the week involved by
the express terms of or by custom or practice under a bona fide
collective-bargaining agreement applicable to the particular
employee.
(p) "American vessel" includes any vessel which is documented or
numbered under the laws of the United States.
(q) "Secretary" means the Secretary of Labor.
(r)(1) "Enterprise" means the related activities performed
(either through unified operation or common control) by any person
or persons for a common business purpose, and includes all such
activities whether performed in one or more establishments or by
one or more corporate or other organizational units including
departments of an establishment operated through leasing
arrangements, but shall not include the related activities
performed for such enterprise by an independent contractor. Within
the meaning of this subsection, a retail or service establishment
which is under independent ownership shall not be deemed to be so
operated or controlled as to be other than a separate and distinct
enterprise by reason of any arrangement, which includes, but is not
necessarily limited to, an agreement, (A) that it will sell, or
sell only, certain goods specified by a particular manufacturer,
distributor, or advertiser, or (B) that it will join with other
such establishments in the same industry for the purpose of
collective purchasing, or (C) that it will have the exclusive right
to sell the goods or use the brand name of a manufacturer,
distributor, or advertiser within a specified area, or by reason of
the fact that it occupies premises leased to it by a person who
also leases premises to other retail or service establishments.
(2) For purposes of paragraph (1), the activities performed by
any person or persons -
(A) in connection with the operation of a hospital, an
institution primarily engaged in the care of the sick, the aged,
the mentally ill or defective who reside on the premises of such
institution, a school for mentally or physically handicapped or
gifted children, a preschool, elementary or secondary school, or
an institution of higher education (regardless of whether or not
such hospital, institution, or school is operated for profit or
not for profit), or
(B) in connection with the operation of a street, suburban or
interurban electric railway, or local trolley or motorbus
carrier, if the rates and services of such railway or carrier are
subject to regulation by a State or local agency (regardless of
whether or not such railway or carrier is public or private or
operated for profit or not for profit), or
(C) in connection with the activities of a public agency,
shall be deemed to be activities performed for a business purpose.
(s)(1) "Enterprise engaged in commerce or in the production of
goods for commerce" means an enterprise that -
(A)(i) has employees engaged in commerce or in the production
of goods for commerce, or that has employees handling, selling,
or otherwise working on goods or materials that have been moved
in or produced for commerce by any person; and
(ii) is an enterprise whose annual gross volume of sales made
or business done is not less than $500,000 (exclusive of excise
taxes at the retail level that are separately stated);
(B) is engaged in the operation of a hospital, an institution
primarily engaged in the care of the sick, the aged, or the
mentally ill or defective who reside on the premises of such
institution, a school for mentally or physically handicapped or
gifted children, a preschool, elementary or secondary school, or
an institution of higher education (regardless of whether or not
such hospital, institution, or school is public or private or
operated for profit or not for profit); or
(C) is an activity of a public agency.
(2) Any establishment that has as its only regular employees the
owner thereof or the parent, spouse, child, or other member of the
immediate family of such owner shall not be considered to be an
enterprise engaged in commerce or in the production of goods for
commerce or a part of such an enterprise. The sales of such an
establishment shall not be included for the purpose of determining
the annual gross volume of sales of any enterprise for the purpose
of this subsection.
(t) "Tipped employee" means any employee engaged in an occupation
in which he customarily and regularly receives more than $30 a
month in tips.
(u) "Man-day" means any day during which an employee performs any
agricultural labor for not less than one hour.
(v) "Elementary school" means a day or residential school which
provides elementary education, as determined under State law.
(w) "Secondary school" means a day or residential school which
provides secondary education, as determined under State law.
(x) "Public agency" means the Government of the United States;
the government of a State or political subdivision thereof; any
agency of the United States (including the United States Postal
Service and Postal Rate Commission), a State, or a political
subdivision of a State; or any interstate governmental agency.
(y) "Employee in fire protection activities" means an employee,
including a firefighter, paramedic, emergency medical technician,
rescue worker, ambulance personnel, or hazardous materials worker,
who -
(1) is trained in fire suppression, has the legal authority and
responsibility to engage in fire suppression, and is employed by
a fire department of a municipality, county, fire district, or
State; and
(2) is engaged in the prevention, control, and extinguishment
of fires or response to emergency situations where life,
property, or the environment is at risk.
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