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Code of Federal Regulations Pertaining to ESA |
| Labor |
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| Wage and Hour Division, Department of Labor |
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| Application of the Employee Polygraph Protection Act of 1988 |
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| General |
29 CFR 801.2 - Definitions.
- Section Number: 801.2
- Section Name: Definitions.
For purposes of this part:
(a) Act or EPPA means the Employee Polygraph Protection Act of 1988
(Pub. L. 100-347, 102 Stat. 646, 29 U.S.C. 2001-2009).
(b) (1) The term commerce has the meaning provided in section 3(b)
of the Fair Labor Standards Act of 1938 (29 U.S.C. 203(b)). As so
defined, commerce means trade, commerce, transportation, transmission,
or communication among the several States or between any State and any
place outside thereof.
(2) The term State means any of the fifty States and the District of
Columbia and any Territory or possession of the United States.
(c) The term employer means any person acting directly or indirectly
in the interest of an employer in relation to an employee or prospective
employee. A polygraph examiner either employed for or whose services are
retained for the sole purpose of administering polygraph tests
ordinarily would not be deemed an employer with respect to the
examinees.
(d) (1) The term lie detector means a polygraph, deceptograph, voice
stress analyzer, psychological stress evaluator, or any other similar
device (whether mechanical or electrical) that is used, or the results
of which are used, for the purpose of rendering a diagnostic opinion
regarding the honesty or dishonesty of an individual. Voice stress
analyzers, or psychological stress evaluators, include any systems that
utilize voice stress analysis, whether or not an opinion on honesty or
dishonesty is specifically rendered.
(2) The term lie detector does not include medical tests used to
determine the presence or absence of controlled substances or alcohol in
bodily fluids. Also not included in the definition of lie detector are
written or oral tests commonly referred to as ``honesty'' or ``paper and
pencil'' tests, machine-scored or otherwise; and graphology tests
commonly referred to as handwriting tests.
(e) The term polygraph means an instrument that--
(1) Records continuously, visually, permanently, and simultaneously
changes in cardiovascular, respiratory, and electrodermal patterns as
minimum instrumentation standards; and
(2) Is used, or the results of which are used, for the purpose of
rendering a diagnostic opinion regarding the honesty or dishonesty of an
individual.
(f) The terms manufacture, dispense, distribute, and deliver have
the meanings set forth in the Controlled Substances Act, 21 U.S.C. 812.
(g) The term Secretary means the Secretary of Labor or authorized
representative.
(h) Employment Standards Administration means the agency within the
Department of Labor, which includes the Wage and Hour Division.
(i) Wage and Hour Division means the organizational unit in the
Employment Standards Administration of the Department of Labor to which
is assigned primary responsibility for enforcement and administration of
the Act.
(j) Administrator means the Administrator of the Wage and Hour
Division, or authorized representative.
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