; or (B) a public employee providing other services in response to emergencies that have the potential to cause death or serious bodily injury, including an employee in fire protection activities (as defined in section 3 of the Fair Labor Standards Act of 1938 ( 29 U.S.C. 203 )). (7) Employ The term employ has the meaning given the term in section 3 of the Fair Labor Standards Act of 1938 ( 29 U.S.C. 203 ). (8) Labor organization The term labor organization means any organization of any kind that is not under the control directly or indirectly by a public employer in which such employees participate and which exists for the purpose, in whole or in part, of dealing with public employers concerning grievances, labor disputes, wages, rates of pay, hours of employment, or conditions of work. (9) Law The term law , used with respect to a State or a political subdivision thereof, includes the application of the laws of such State or such political subdivision, including any regulations or ordinances issued by such State or such political subdivision. (10) Law enforcement officer The term law enforcement officer has the meaning given such term in section 1204 of the Omnibus Crime Control and Safe Streets Act of 1968 ( 34 U.S.C. 10284 ). (11) Management employee The term management employee means an individual employed by a public employer in a position the duties and responsibilities of which require the individual to formulate or determine the policies of the employer. (12) Public employee (A) In general The term public employee — (i) means, except as provided in clause (iii), an individual, employed by a public employer, who in any workweek is engaged in commerce or is employed in an enterprise engaged in commerce; (ii) includes an individual described in clause (i) 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