; (B) are held by workers with substantially equivalent qualifications and experience; and (C) are located in the same place or places of employment. (3) Employer The term employer includes a single or joint employer, including an association acting as a joint employer with its members, who hires workers to perform agricultural labor or services. (4) Forestry-related activities The term forestry-related activities includes tree planting, timber harvesting, logging operations, brush clearing, vegetation management, herbicide application, the maintenance of rights-of-way (including for roads, trails, and utilities), regardless of whether such right-of-way is on forest land, and the harvesting of pine straw. (5) H–2C worker The term H–2C worker means a nonimmigrant described in section 101(a)(15)(H)(ii)(c). (6) Lay off (A) In general The term lay off — (i) means to cause a worker’s loss of employment, other than through a discharge for inadequate performance, violation of workplace rules, cause, voluntary departure, voluntary retirement, or the expiration of a grant or contract (other than a temporary employment contract entered into in order to evade a condition described in paragraph (4) of subsection (b)); and (ii) does not include any situation in which the worker is offered, as an alternative to such loss of employment, a similar position with the same employer at equivalent or higher wages and benefits than the position from which the employee was discharged, regardless of whether or not the employee accepts the offer. (B) Construction Nothing in this paragraph is intended to limit an employee’s rights under a collective bargaining agreement or other employment contract. (7) United States worker The term United States worker means any worker who is— (A) a citizen or national of the United States