29 U.S.C. § 5110
DEFINITIONS.
“For purposes of the Act:“(1)Employee.—The term ‘employee’ means an individual who is—“(A)(i) an employee, as defined in section 3(e) of the Fair Labor Standards Act of 1938 (29 U.S.C. 203(e)), who is not covered under subparagraph (E) or (F), including such an employee of the Library of Congress, except that a reference in such section to an employer shall be considered to be a reference to an employer described in clauses (i)(I) and (ii) of paragraph (2)(A); or“(ii) an employee of the Government Accountability Office;“(B) a State employee described in section 304(a) of the Government Employee Rights Act of 1991 (42 U.S.C. 2000e–16c(a));“(C) 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;“(D) a covered employee, as defined in section 411(c) of title 3, United States Code;“(E) a Federal officer or employee covered under subchapter V of chapter 63 of title 5, United States Code; or“(F) any other individual occupying a position in the civil service (as that term is defined in section 2101(1) of title 5, United States Code).“(2)Employer.—“(A)In general.—The term ‘employer’ means a person who is—“(i)(I) a covered employer, as defined in subparagraph (B), who is not covered under subclause (V);“(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;“(IV) an employing office, as defined in section 411(c) of title 3, United States Code; or“(V) an Executive Agency as defined in section 105 of title 5, United States Code, and including the U.S. Postal Service and the Postal Regulatory Commission; and“(ii) engaged in commerce (including government), or an industry or activity affecting commerce (including government), as defined in subparagraph (B)(iii).“(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 that—