29 CFR 801.2 - Definitions.

§ 801.2 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)Wage and Hour Division means the organizational unit of the Department of Labor to which is assigned primary responsibility for enforcement and administration of the Act.

(i)Administrator means the Administrator of the Wage and Hour Division, or authorized representative.

[ 56 FR 9064, Mar. 4, 1991, as amended at 82 FR 2230, Jan. 9, 2017]

This is a list of United States Code sections, Statutes at Large, Public Laws, and Presidential Documents, which provide rulemaking authority for this CFR Part.

This list is taken from the Parallel Table of Authorities and Rules provided by GPO [Government Printing Office].

It is not guaranteed to be accurate or up-to-date, though we do refresh the database weekly. More limitations on accuracy are described at the GPO site.

United States Code

Title 29 published on 05-Jun-2018 04:21

The following are ALL rules, proposed rules, and notices (chronologically) published in the Federal Register relating to 29 CFR Part 801 after this date.

  • 2018-01-02; vol. 83 # 1 - Tuesday, January 2, 2018
    1. 83 FR 7 - Department of Labor Federal Civil Penalties Inflation Adjustment Act Annual Adjustments for 2018
      GPO FDSys XML | Text
      DEPARTMENT OF LABOR, Office of Workers' Compensation Programs, Occupational Safety and Health Administration, Office of the Secretary, Mine Safety and Health Administration, Employment and Training Administration, Wage and Hour Division
      Final rule.
      This final rule is effective on January 2, 2018. As provided by the Inflation Adjustment Act, the increased penalty levels apply to any penalties assessed after January 2, 2018.
      20 CFR Part 655