; and (B) is an individual who routinely assists, in a confidential capacity, supervisory employees and management employees. (3) Emergency medical services personnel The term emergency medical services personnel means an individual who provides out-of-hospital emergency medical care, including an emergency medical technician, paramedic, or first responder. (4) Employer; public safety agency; public safety employer The terms employer , public safety agency , and public safety employer mean any State, or political subdivision of a State, that employs public safety officers. (5) Firefighter The term firefighter has the meaning given the term employee in fire protection activities in section 3(y) of the Fair Labor Standards Act of 1938 ( 29 U.S.C. 203(y) ). (6) Labor organization The term labor organization means an organization of any kind, in which employees participate and which exists for the purpose, in whole or in part, of dealing with employers concerning grievances, conditions of employment, and related matters. (7) Law enforcement officer The term law enforcement officer has the meaning given such term in section 1204 of the Omnibus Crime Control and Safe Streets Act of 1968 ( 34 U.S.C. 10284 ). (8) Management employee The term management employee has the meaning given such term under applicable State law in effect on the date of enactment of this Act. If no such State law is in effect, the term means an individual employed by a public safety employer in a position that requires or authorizes the individual to formulate, determine, or influence the policies of the employer. (9) Person The term person means an individual or a labor organization. (10) Public safety officer The term public safety officer — (A) means an employee of a public safety agency who is a law enforcement officer, a firefighter, or an emergency medical services personnel; (B) includes an individual who is temporarily transferred to a supervisory or management position