§ 630. — Definitions.
[Laws in effect as of January 24, 2002]
[Document not affected by Public Laws enacted between
January 24, 2002 and December 19, 2002]
[CITE: 29USC630]
TITLE 29--LABOR
CHAPTER 14--AGE DISCRIMINATION IN EMPLOYMENT
Sec. 630. Definitions
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, Sec. 11, Dec. 15, 1967, 81 Stat. 605; Pub. L. 93-259,
Sec. 28(a)(1)-(4), Apr. 8, 1974, 88 Stat. 74; Pub. L. 98-459, title
VIII, Sec. 802(a), Oct. 9, 1984, 98 Stat. 1792; Pub. L. 99-592, Sec. 4,
Oct. 31, 1986, 100 Stat. 3343; Pub. L. 101-433, title I, Sec. 102, Oct.
16, 1990, 104 Stat. 978.)
References in Text
The National Labor Relations Act, referred to in subsec. (e)(1), is
act July 5, 1935, ch. 372, 49 Stat. 452, as amended, which is classified
generally to subchapter II (Sec. 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, as amended, which is classified principally
to chapter 8 (Sec. 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, as
amended, which is classified principally to chapter 11 (Sec. 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, as amended, which is
classified generally to subchapter III (Sec. 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 1331 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, Sec. 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, Sec. 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, Sec. 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.
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.
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, Sec. 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.
Section Referred to in Other Sections
This section is referred to in section 626 of this title.
