; and (iii) the individual is customarily engaged in an independently established trade, occupation, profession, or business of the same nature as that involved in the service performed; and (C) any individual who is a full-time or part-time joint employee, provided that the employer possesses, reserves, or exercises sufficient direct or indirect control over the essential terms and conditions of employment of the employee. (10) Executive officer The term executive officer , with respect to a large employer— (A) means any individual who participates, or has authority to participate (other than in the capacity of a director), in major policymaking functions of the large employer, without regard to whether— (i) the individual has an official title; or (ii) the individual receives a salary or other compensation; and (B) includes the chairman of the board of directors of the large employer, the president of the large employer, each vice president of the large employer, and the chief financial officer of the large employer, unless— (i) a resolution of the board of directors of the large employer or the bylaws of the large employer explicitly exclude that individual from participation (other than in the capacity of a director) in major policymaking functions of the large employer; and (ii) the individual does not participate in major policymaking functions of the large employer. (11) Large employer (A) In general The term large employer means, with respect to a fiscal year, an employer that— (i) employed an average of not fewer than 500 employees on business days during the preceding fiscal year