The Society for Human Resource Management believes that the key to getting the best out of every employee is a flexible work environment. (13) According to the National Partnership for Women and Families, businesses can retain their most valuable asset—a trained and committed workforce—by offering flexible workplace policies. 3. Definitions In this Act: (1) Administrative officer The term administrative officer , used with respect to an employer or an employee, means the corresponding individual or entity with authority to issue regulations under section 13. (2) Employee The term employee means an individual— (A) who is— (i) (I) an employee (including an applicant), as defined in section 3(e) of the Fair Labor Standards Act of 1938 ( 29 U.S.C. 203(e) ), who is not covered under any of clauses (ii) through (v), including such an employee of the Library of Congress, except that a reference in such section to an employer shall be considered to be a reference to an employer described in clauses (i)(I) and (ii) of paragraph (3)(A)