Employer has the meaning given that term in section 3 of the Fair Labor Standards Act of 1938, except that it -
(1) Includes non-appropriated fund instrumentalities of the United States Government; and
(2) Excludes the following:
(i) The governments of the United States, the District of Columbia and the territories and possessions of the United States, the 50 States and their political subdivisions, and any agencies or instrumentalities of any of the foregoing, including the United States Postal Service and Postal Rate Commission.
(ii) Any church, or convention or association of churches, and any organization operated, supervised, or controlled by a church, or convention or association of churches that meets the following conditions:
(A) Is an organization that is described in section 501(c)(3) of the Internal Revenue Code of 1954.
(B) Does not discriminate, in the employment, compensation, promotion or termination of employment of any personnel, or in the granting of staff and other privileges to physicians or other health personnel, on the grounds that the individuals obtain health care through HMOs, or participate in furnishing health care through HMOs.
42 CFR § 417.150
As used in this subpart, unless the context indicates otherwise -