---
kind: "section"
citation: "29 U.S.C. § 630"
title: "29"
title_heading: "Labor"
number: "630"
heading: "Definitions"
release: "119-102"
date: "2026-07-12"
url: "https://uscodex.org/usc/29/630"
units:
  - "Chapter 14 — Age Discrimination in Employment"
---

# §630. Definitions


For the purposes of this chapter—

- (a) The term “person” means one or more individuals, partnerships, associations, [labor organizations](#d), corporations, business trusts, legal representatives, or any organized groups of persons.
- (b) The term “employer” means a [person](#a) engaged in an [industry affecting commerce](#h) who has twenty or more [employees](#f) 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](#f) shall not be considered employers. The term also means (1) any agent of such a [person](#a), and (2) a [State](#i) or political subdivision of a [State](#i) and any agency or instrumentality of a [State](#i) or a political subdivision of a [State](#i), 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](#a) regularly undertaking with or without compensation to procure [employees](#f) for an [employer](#b) and includes an agent of such a [person](#a); 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](#h), and any agent of such an organization, and includes any organization of any kind, any agency, or [employee](#f) representation committee, group, association, or plan so engaged in which [employees](#f) participate and which exists for the purpose, in whole or in part, of dealing with [employers](#b) 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](#d) shall be deemed to be engaged in an [industry affecting commerce](#h) if (1) it maintains or operates a hiring hall or hiring office which procures [employees](#f) for an [employer](#b) or procures for [employees](#f) opportunities to work for an [employer](#b), or (2) the number of its members (or, where it is a [labor organization](#d) composed of other [labor organizations](#d) or their representatives, if the aggregate number of the members of such other [labor organization](#d)) is fifty or more prior to July 1, 1968, or twenty-five or more on or after July 1, 1968, and such [labor organization](#d)—
  - (1) is the certified representative of [employees](#f) under the provisions of the National Labor Relations Act, as amended [[29 U.S.C. 151](/usc/29/151.md) et seq.], or the Railway Labor Act, as amended [[45 U.S.C. 151](/usc/45/151.md) et seq.]; or
  - (2) although not certified, is a national or international [labor organization](#d) or a local [labor organization](#d) recognized or acting as the representative of [employees](#f) of an [employer](#b) or [employers](#b) engaged in an [industry affecting commerce](#h); or
  - (3) has chartered a local [labor organization](#d) or subsidiary body which is representing or actively seeking to represent [employees](#f) of [employers](#b) within the meaning of paragraph [(1)](#e-1) or [(2)](#e-2); or
  - (4) has been chartered by a [labor organization](#d) representing or actively seeking to represent [employees](#f) within the meaning of paragraph [(1)](#e-1) or [(2)](#e-2) as the local or subordinate body through which such [employees](#f) may enjoy membership or become affiliated with such [labor organization](#d); or
  - (5) is a conference, general committee, joint or system board, or joint council subordinate to a national or international [labor organization](#d), which includes a [labor organization](#d) engaged in an [industry affecting commerce](#h) within the meaning of any of the preceding paragraphs of this subsection.
- (f) The term “employee” means an individual employed by any [employer](#b) except that the term “employee” shall not include any [person](#a) elected to public office in any [State](#i) or political subdivision of any [State](#i) by the qualified voters thereof, or any [person](#a) 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](#i) government, governmental agency, or political subdivision. The term “employee” includes any individual who is a citizen of the United States employed by an [employer](#b) in a workplace in a foreign country.
- (g) The term “commerce” means trade, traffic, commerce, transportation, transmission, or communication among the several [States](#i); or between a [State](#i) 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](#i) but through a point outside thereof.
- (h) The term “industry affecting commerce” means any activity, business, or industry in [commerce](#g) or in which a labor dispute would hinder or obstruct [commerce](#g) or the free flow of [commerce](#g) and includes any activity or industry “affecting [commerce](#g)” within the meaning of the Labor-Management Reporting and Disclosure Act of 1959 [[29 U.S.C. 401](/usc/29/401.md) 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](/usc/43/1331.md) et seq.].
- (j) The term “firefighter” means an [employee](#f), 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](#f) engaged in this activity who is transferred to a supervisory or administrative position.
- (k) The term “law enforcement officer” means an [employee](#f), 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](#i), including an [employee](#f) 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](#f) assigned to guard individuals incarcerated in any penal institution.
- (l) The term “compensation, terms, conditions, or privileges of employment” encompasses all [employee](#f) benefits, including such benefits provided pursuant to a bona fide [employee](#f) benefit plan.

## Source credit

(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.)

## Notes

### Editorial Notes

### References 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 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.