29 U.S.C. § 630

Definitions

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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.(Pub. L. 90–202, § 11, Dec. 15, 1967, 81 Stat. 605; Pub. L. 93–259, § 28(a)(1)–(4), Apr. 8, 1974, 88 Stat. 74; Pub. L. 98–459, title VIII, § 802(a), Oct. 9, 1984, 98 Stat. 1792; Pub. L. 99–592, § 4, Oct. 31, 1986, 100 Stat. 3343; Pub. L. 101–433, title I, § 102, Oct. 16, 1990, 104 Stat. 978.)Editorial NotesReferences in Text

The National Labor Relations Act, referred to in subsec. (e)(1), is act July 5, 1935, ch. 372, 49 Stat. 452, which is classified generally to subchapter II (§ 151 et seq.) of chapter 7 of this title. For complete classification of this Act to the Code, see section 167 of this title and Tables.

The Railway Labor Act, referred to in subsec. (e)(1), is act May 20, 1926, ch. 347, 44 Stat. 577, which is classified principally to chapter 8 (§ 151 et seq.) of Title 45, Railroads. For complete classification of this Act to the Code, see section 151 of Title 45 and Tables.

The Labor-Management Reporting and Disclosure Act of 1959, referred to in subsec. (h), is Pub. L. 86–257, Sept. 14, 1959, 73 Stat. 519, which is classified principally to chapter 11 (§ 401 et seq.) of this title. For complete classification of this Act to the Code, see Short Title note set out under section 401 of this title, and Tables.

For definition of Canal Zone, referred to in subsec. (i), see section 3602(b) of Title 22, Foreign Relations and Intercourse.

The Outer Continental Shelf Lands Act, referred to in subsec. (i), is act Aug. 7, 1953, ch. 345, 67 Stat. 462, which is classified generally to subchapter III (§ 1331 et seq.) of chapter 29 of Title 43, Public Lands. For complete classification of this Act to the Code, see Short Title note set out under section 1301 of Title 43 and Tables.

Amendments

1990—Subsec. (l). Pub. L. 101–433 added subsec. (l).

1986—Subsecs. (j), (k). Pub. L. 99–592 added subsecs. (j) and (k).

1984—Subsec. (f). Pub. L. 98–459 inserted provision defining “employee” as including any individual who is a citizen of the United States employed by an employer in a workplace in a foreign country.

1974—Subsec. (b). Pub. L. 93–259, § 28(a)(1), (2), substituted in first sentence “twenty” for “twenty-five” and, in second sentence, defined term “employer” to include 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, and deleted text excluding from such term a State or political subdivision thereof.

Subsec. (c). Pub. L. 93–259, § 28(a)(3), struck out text excluding from term “employment agency” an agency of a State or political subdivision of a State, but including the United States Employment Service and the system of State and local employment services receiving Federal assistance.

Subsec. (f). Pub. L. 93–259, § 28(a)(4), excepted from the term “employee” elected public officials, persons chosen by such officials for such officials’ personal staff, appointees on policymaking level, and immediate advisers with respect to exercise of constitutional or legal powers of the public office but excluded from such exemption employees subject to civil laws of a State government, governmental agency, or political subdivision.

Statutory Notes and Related SubsidiariesEffective Date of 1990 Amendment

Amendment by Pub. L. 101–433 applicable only to any employee benefit established or modified on or after Oct. 16, 1990, and other conduct occurring more than 180 days after Oct. 16, 1990, except as otherwise provided, see section 105 of Pub. L. 101–433, set out as a note under section 623 of this title.

Effective Date of 1986 Amendment

Amendment by Pub. L. 99–592 effective Jan. 1, 1987, with certain exceptions, but not applicable with respect to any cause of action arising under this chapter as in effect before Jan. 1, 1987, see section 7 of Pub. L. 99–592, set out as an Effective and Termination Dates of 1986 Amendment note under section 623 of this title.

Effective Date of 1984 Amendment

Amendment by Pub. L. 98–459 effective Oct. 9, 1984, see section 803(a) of Pub. L. 98–459, set out as a note under section 3001 of Title 42, The Public Health and Welfare.

Effective Date of 1974 Amendment

Amendment by Pub. L. 93–259 effective May 1, 1974, see section 29(a) of Pub. L. 93–259, set out as a note under section 202 of this title.

Executive DocumentsTransfer of Functions

Functions vested by this section in Secretary of Labor or Civil Service Commission transferred to Equal Employment Opportunity Commission by Reorg. Plan No. 1 of 1978, § 2, 43 F.R. 19807, 92 Stat. 3781, set out in the Appendix to Title 5, Government Organization and Employees, effective Jan. 1, 1979, as provided by section 1–101 of Ex. Ord. No. 12106, Dec. 28, 1978, 44 F.R. 1053.

Notes of Decisions

Cited in 838 cases (80 in the last 5 years), 1970–2026 · leading case: Gregory v. Ashcroft, 501 U.S. 452 (1991).

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Gregory v. Ashcroft, 501 U.S. 452 (1991). · cites it 15× “74 , 29 U. S. C. § 630 (b)(2). At the same time, Congress amended the definition of "employee" to exclude all elected and most high-ranking government officials.”

Lehman v. Nakshian, 453 U.S. 156 (1981). · cites it 6× “Section 15 (a) provides that personnel actions affecting federal employees "shall be made free from any discrimination based on age," while § 15 (b) grants the Equal Employment Opportunity Commission authority to enforce the statutory provisions.”

Gen. Dynamics Land Sys., Inc. v. Cline, 540 U.S. 581 (2004). · cites it 4× “74-75 (amending 29 U. S. C. § 630 (b) and adding § 633a), and clarifying that it extends, with certain exceptions, to employee benefits, Pub.”

Kimel v. Florida Bd. of Regents, 528 U.S. 62 (2000). · cites it 4× “See 29 U. S. C. § 630 (b) (1964 ed., Supp. III) (defining term "employer" to exclude "the United States, a corporation wholly owned by the Government of the United States, or a State or political subdivision thereof").”

Wynn v. Nat'l Broad. Co., Inc., 234 F. Supp. 2d 1067 (C.D. Cal. 2002). · cites it 6× “Gov’t Code § 12926(d) (defining employer in terms similar to the ADEA definition in 29 U.S.C. § 630 (b)); N.Y. Exec. Law § 296 (l)(a) (describing employer liability in terms similar to the those in the ADEA) ( 29 U.”

William Bridge v. New Holland Logansport, Incorp, 815 F.3d 356 (7th Cir. 2016). · cites it 2× “29 U.S.C. § 630 (b). Bridge was fired in 2011, and the parties agree that New Holland Lo-gansport did not have on its payroll twenty or more employees in either 2011 or 2010.”

Marilyn Wheeler v. Main Hurdman, 825 F.2d 257 (10th Cir. 1987). · cites it 4× “See 29 U.S.C. § 630 (b). The definition of employer under the FLSA is equally circular: “ ‘Employer’ includes any person acting directly or indirectly in the interest of an employer in relation to an employee.”

Reno v. Baird, 957 P.2d 1333 (Cal. 1998). · cites it 4× “' [( 29 U.S.C. § 630 (b).)] The ADA defines employer as `a person .”

Richard M. Villarreal v. R.J. Reynolds Tobacco Co., 839 F.3d 958 (11th Cir. 2016). · cites it 2× “” See 29 U.S.C. § 630 (f). Villarreal tries to circumvent the plain meaning of the statute by citing decisions of the Supreme Court that interpret similar language in other statutes, but those decisions do not support his argument.”

Phyllis Miller v. Maxwell's Int'l Inc., Dba Maxwell's Plum, Debtor in Possession Carlo Galazzo, Gen. Mgt., Dino La Rosa Don Bohn Don Schupak, 991 F.2d 583 (9th Cir. 1993). · cites it 3× “§ 2000e(b); 29 U.S.C. §§ 630 (b), 203(d). Thus, some courts have reasoned that supervisory personnel and other agents of the employer are themselves employers for purposes of liability.”

Hosanna-Tabor Evangelical Lutheran Church & Sch. v. Equal Emp. Opportunity Comm'n, 132 S. Ct. 694 (2012). · cites it 2× “§2000e(f) (Title VII); §12111(4) (ADA); 29 U. S. C. §630 (f) (ADEA); §206(e) (Equal Pay Act and Fair Labor Standards Act).”

Equal Emp. Opportunity Comm'n v. Wyoming, 460 U.S. 226 (1983). · cites it 3× “Congress extended the Act to cover state and local governments by-amending the definition of “employer” under § 11(b) of the Act, 29 U. S. C. § 630 (b). (At the same time, Congress amended the definition of “employee” under § 11(f) of the Act, 29 U.”

Show all 838 citing cases →

— 29 U.S.C. § 630(a)(1) — 1 case

Miller v. Quisenberry (S.D. Ohio 2020).

— 29 U.S.C. § 630(b) — 4 cases

Mason v. Lister, 562 F.2d 343 (5th Cir. 1977).

Brennan v. Paragon Emp. Agency, Inc., 356 F. Supp. 286 (S.D.N.Y. 1973).

McGee v. Missouri Bootheel Reg'l Consortium, Inc. (E.D. Mo. 2022).

Lerman v. Mt. Sinai Cemetery (Me. Super. Ct 2001).

— 29 U.S.C. § 630(b)(2) — 1 case

Haddad v. Virginia Polytechnic (4th Cir. 1998).

— 29 U.S.C. § 630(f) — 2 cases

Nancy Mardell v. Harleysville Life Ins. Co., a Pennsylvania Corp., 31 F.3d 1221 (3rd Cir. 1994).

Barot v. Embassy of the Repub. of the Zam., 299 F. Supp. 3d 160 (D.C. Cir. 2018).

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