Page 143 TITLE 29—LABOR § 630

‘‘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 Organization 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.

§ 629. Criminal penalties

Whoever shall forcibly resist, oppose, impede,

intimidate or interfere with a duly authorized

representative of the Equal Employment Opportunity Commission while it is engaged in the

performance of duties under this chapter shall

be punished by a fine of not more than $500 or by

imprisonment for not more than one year, or by

both: Provided, however, That no person shall be

imprisoned under this section except when there

has been a prior conviction hereunder.

(Pub. L. 90–202, §10, Dec. 15, 1967, 81 Stat. 605;

1978 Reorg. Plan No. 1, §2, eff. Jan. 1, 1979, 43

F.R. 19807, 92 Stat. 3781.)

TRANSFER OF FUNCTIONS

‘‘Equal Employment Opportunity Commission’’ and

‘‘it’’ substituted in text for ‘‘Secretary’’, meaning Secretary 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 Organization 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 individuals, partnerships, associations, labor organizations, corporations, business trust, 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