; (II) an entity employing a State employee described in section 304(a) of the Government Employee Rights Act of 1991; (III) an employing office, as defined in section 101 of the Congressional Accountability Act of 1995; (IV) an employing office, as defined in section 411(c) of title 3, United States Code; or (V) an Executive Agency as defined in section 105 of title 5, United States Code, and including the U.S. Postal Service and the Postal Regulatory Commission; and (ii) engaged in commerce (including government), or an industry or activity affecting commerce (including government), as defined in subparagraph (B)(iii). (B) Covered employer (i) In general In subparagraph (A)(i)(I), the term covered employer — (I) means any person engaged in commerce or in any industry or activity affecting commerce that— (aa) in the case of a private entity or individual, employs fewer than 500 employees; and (bb) in the case of a public agency or any other entity that is not a private entity or individual, employs 1 or more employees; (II) includes— (aa) includes any person acting directly or indirectly in the interest of an employer in relation to an employee (within the meaning of such phrase in section 3(d) of the Fair Labor Standards Act of 1938 ( 29 U.S.C. 203(d) ); and (bb) any successor in interest of an employer; (III) includes any public agency , as defined in section 3(x) of the Fair Labor Standards Act of 1938 ( 29 U.S.C. 203(x) )