---
kind: "section"
citation: "29 C.F.R. § 801.10"
title: "29"
number: "801.10"
heading: "Exclusion for public sector employers."
url: "https://uscodex.org/cfr/29/801.10"
---

# §801.10. Exclusion for public sector employers.

- (a) [Section 7(a)](/cfr/29/7.md?p=a) provides an exclusion from the Act's coverage for the United States Government, any State or local government, or any political subdivision of a State or local government, acting in the capacity of an employer. This exclusion from the Act also extends to any interstate governmental agency.
- (b) The term United States Government means any agency or instrumentality, civilian or military, of the executive, legislative, or judicial branches of the Federal Government, and includes independent agencies, wholly-owned government corporations, and nonappropriated fund instrumentalities.
- (c) The term any political subdivision of a State or local government means any entity which is either.
  - (1) Created directly by a state or local government, or
  - (2) Administered by individuals who are responsible to public officials (i.e., appointed by an elected public official(s) and/or subject to removal procedures for public officials, or to the general electorate.
- (d) This exclusion from the Act applies only to the Federal, State, and local government entity with respect to its own public employees. Except as provided in sections 7 (b) and (c) of the Act, and [§ 801.11](/cfr/29/801.11.md) of the regulations, this exclusion does not extend to contractors or nongovernmental agents of a government entity, nor does it extend to government entities with respect to employees of a private employer with which the government entity has a contractual or other business relationship.

## Notes

### Authority

Authority: Pub. L. 100-347, 102 Stat. 646, 29 U.S.C. 2001-2009; 28 U.S.C. 2461 note (Federal Civil Penalties Inflation Adjustment Act of 1990); Pub. L. 114-74 at sec. 701, 129 Stat 584.

### Source

Source: 56 FR 9064, Mar. 4, 1991, unless otherwise noted.