29 U.S.C. § 203 : US Code - 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 Regulatory 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)
    (!2) 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 Regulatory 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.