Employee means an individual:
(1) Whose manner and means of performance of work are subject to the right of control of, or are controlled by, a person, and
(2) Whose compensation for Federal income tax purposes is reported, or required to be reported, on a W-2 form issued by the controlling person.
12 CFR § 1008.23
Terms that are defined in the S.A.F.E. Act and used in this part have the same meaning as in the S.A.F.E. Act, unless otherwise provided in this section.