Chapter 8, Section 203, Subsection (e) · 29 U.S.C. Chapter 8

Contents

(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 Publishing 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), 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.

United States Government work; public domain under 17 U.S.C. § 105.