; (ii) includes an individual who is temporarily transferred to a supervisory or management position; and (iii) does not include a supervisory employee, management employee, or confidential employee, or an elected official. (B) Commerce; Enterprise engaged in commerce For the purpose of this paragraph, the terms commerce and enterprise engaged in commerce have the meanings given in section 3 of the Fair Labor Standards Act of 1938 ( 29 U.S.C. 203 ). (13) Public employer The term public employer means any of the following that employs individuals: (A) A State or the political subdivision of a State, including a territory or political subdivision of a territory. (B) Any authority, agency, school district, board or other entity controlled and operated by an entity described in subparagraph (A). (14) State The term State means each of the several States of the United States, the District of Columbia, and any territory or possession of the United States (as defined in section 3 of the Fair Labor Standards Act of 1938 ( 29 U.S.C. 203 )). (15) Substantially provides The term substantially provides , used with respect to the rights and procedures described in section 3(b), means providing rights and procedures that are equivalent to or greater than each of the rights and procedures described in such section. (16) Supervisory employee (A) In general Except as provided in subparagraph (B), the term supervisory employee means an individual, employed by a public employer, who in any workweek is engaged in commerce or is employed in an enterprise engaged in commerce and who— (i) has the authority in the interest of the employer, if the exercise of such authority is not merely routine or clerical in nature but requires the consistent exercise of independent judgment, to— (I) hire, promote, reward, transfer, furlough, lay off, recall, suspend, discipline, or remove public employees; (II) adjust the grievances of public employees; or (III) effectively recommend any action described in subclause (I) or (II)