; (II) includes— (aa) any person who acts, directly or indirectly, in the interest of such an employer to any of the employees of such employer; and (bb) any successor in interest of such an employer; and (III) includes an agency described in clause (iii) or (iv) of subparagraph (A) of section 101(4) of the Family and Medical Leave Act of 1993 ( 29 U.S.C. 2611(4) ), to which subparagraph (B) of such section shall apply. (ii) Definitions For purposes of this subparagraph: (I) Commerce The terms commerce and industry or activity affecting commerce have the meanings given the terms in section 101 of such Act ( 29 U.S.C. 2611 ). (II) Employee; person The terms employee and person have the meanings given such terms in section 3 of the Fair Labor Standards Act of 1938 ( 29 U.S.C. 203 ). (C) Predecessors Any reference in this paragraph to an employer shall include a reference to any predecessor of such employer. (4) Secretary The term Secretary means the Secretary of Labor. (5) Supervisor (A) In general The term supervisor has the meaning given the term in section 152 of the National Labor Relations Act ( 29 U.S.C. 152 ). (B) Application For purposes of applying this paragraph, a reference in such section— (i) to an employee shall be considered to be a reference to an employee, as defined in this section; and (ii) to an employer shall be considered to be a reference to an employer, as defined in this section. 4. Statutory right to request flexible work terms and conditions (a) In General An employee may apply to the employee’s employer for a temporary or permanent change in the employee’s terms or conditions of employment if the change relates to— (1) the number of hours the employee is required to work; (2) the times when the employee is required to work or be on call for work; (3) where the employee is required to work