29 C.F.R. § 553.12
Exclusion for employees of legislative branches
(a) Section 3(e)(2)(C) of the Act provides an exclusion from the definition of the term “employee” for individuals who are not subject to the civil service laws of their employing agencies and are employed by legislative branches or bodies of States, their political subdivisions or interstate governmental agencies.
(b) Employees of State or local legislative libraries do not come within this statutory exclusion. Also, employees of school boards, other than elected officials and their appointees (as discussed in § 553.11), do not come within this exclusion.
Notes of Decisions
Cited in 2
cases, 1990–2017 · leading case: Paul Flint v. Dep't of Labor, 177 A.3d 1080 (Vt. 2017).
Paul Flint v. Dep't of Labor, 177 A.3d 1080 (Vt. 2017). “It is therefore clear both that employee is included in the § 384(b)(7) exception for state employees and that this exception is a defining feature of § 384.”
Horan v. King Cnty., Washington, Div. of Emergency Med. Servs., 740 F. Supp. 1471 (W.D. Wash. 1990). “29 C.F.R. § 553.12 . 5 . Although the DOL letters refer to “EMTs,” the term “EMTs” also includes King County paramedics because, by state law, all paramedics have EMT training and certification.”
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