29 U.S.C. § 630 — Definitions

Page 159 TITLE 29—LABOR § 630 Executive Documents TRANSFER OF FUNCTIONS ‘‘Equal Employment Opportunity Commission’’ and ‘‘it’’ substituted in text for ‘‘Secretary’’, meaning Sec- retary of Labor, and ‘‘he’’, respectively, pursuant to Reorg. Plan No. 1 of 1978, § 2, 43 F.R. 19807, 92 Stat. 3781, set out in the Appendix to Title 5, Government Organi- zation and Employees, which transferred all functions vested by this section in Secretary of Labor to Equal Employment Opportunity Commission, effective Jan. 1, 1979, as provided by section 1–101 of Ex. Ord. No. 12106, Dec. 28, 1978, 44 F.R. 1053. § 630. Definitions For the purposes of this chapter— (a) The term ‘‘person’’ means one or more in- dividuals, partnerships, associations, labor orga- nizations, corporations, business trusts, legal representatives, or any organized groups of per- sons. (b) The term ‘‘employer’’ means a person en- gaged 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 consid- ered employers. The term also means (1) any agent of such a person, and (2) a State or polit- ical subdivision of a State and any agency or in- strumentality of a State or a political subdivi- sion 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 em- ployer 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 af- fecting commerce, and any agent of such an or- ganization, and includes any organization of any kind, any agency, or employee representation committee, group, association, or plan so en- gaged 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 sys- tem 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 mem- bers (or, where it is a labor organization com- posed of other labor organizations or their rep- resentatives, 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 employ- ees 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 ac- tively seeking to represent employees of em- ployers within the meaning of paragraph (1) or (2); or (4) has been chartered by a labor organiza- tion representing or actively seeking to rep- resent employees within the meaning of para- graph (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 organiza- tion, which includes a labor organization en- gaged in an industry affecting commerce with- in the meaning of any of the preceding para- graphs 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 subdivi- sion 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 constitu- tional or legal powers of the office. The exemp- tion set forth in the preceding sentence shall not include employees subject to the civil serv- ice laws of a State government, governmental agency, or political subdivision. The term ‘‘em- ployee’’ 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 be- tween 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 con- trol and extinguishment of fires or the mainte- Page 160 TITLE 29—LABOR § 631 nance 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 de- tention of individuals suspected or convicted of offenses against the criminal laws of a State, in- cluding an employee engaged in this activity who is transferred to a supervisory or adminis- trative position. For the purpose of this sub- section, ‘‘detention’’ includes the duties of em- ployees assigned to guard individuals incarcer- ated in any penal institution. (l) The term ‘‘compensation, terms, condi- tions, or privileges of employment’’ encom- passes all employee benefits, including such ben- efits 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 Notes REFERENCES IN TEXT The National Labor Relations Act, referred to in sub- sec. (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 classi- fied 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 prin- cipally 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 clas- sification 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 de- fining ‘‘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), sub- stituted 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 polit- ical 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 in- cluding the United States Employment Service and the system of State and local employment services receiv- ing Federal assistance. Subsec. (f). Pub. L. 93–259, § 28(a)(4), excepted from the term ‘‘employee’’ elected public officials, persons cho- sen by such officials for such officials’ personal staff, appointees on policymaking level, and immediate ad- visers 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 subdivi- sion. Statutory Notes and Related Subsidiaries EFFECTIVE 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 Documents TRANSFER 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. § 631. Age limits (a) Individuals at least 40 years of age The prohibitions in this chapter shall be lim- ited to individuals who are at least 40 years of age. (b) Employees or applicants for employment in Federal Government In the case of any personnel action affecting employees or applicants for employment which is subject to the provisions of section 633a of this title, the prohibitions established in section 633a of this title shall be limited to individuals who are at least 40 years of age. (c) Bona fide executives or high policymakers (1) Nothing in this chapter shall be construed to prohibit compulsory retirement of any em- ployee who has attained 65 years of age and who, for the 2-year period immediately before retire- ment, is employed in a bona fide executive or a