; (III) includes any public agency; (IV) includes— (aa) any person who acts, directly or indirectly, in the interest of an employer covered by this clause to any of the employees of such employer; and (bb) any successor in interest of such an employer; and (V) includes any carrier (as such term is defined in section 1 of the Railway Labor Act ( 45 U.S.C. 151 )) and any carrier by air (as described in section 201 of such Act ( 45 U.S.C. 181 ). (ii) Public agency For purposes of clause (i)(III), a public agency shall be considered to be a person engaged in commerce or in an industry or activity affecting commerce. (iii) Definitions For purposes of this subparagraph: (I) Employee The term employee has the meaning given such term in section 3(e) of the Fair Labor Standards Act of 1938 ( 29 U.S.C. 203(e) ). (II) Person The term person has the meaning given such term in section 3(a) of the Fair Labor Standards Act of 1938 ( 29 U.S.C. 203(a) ). (III) Public agency The term public agency has the meaning given such term in section 3(x) of the Fair Labor Standards Act of 1938 ( 29 U.S.C. 203(x) ). (C) Predecessors Any reference in this paragraph to an employer shall include a reference to any predecessor of such employer. (4) Paid annual leave The term paid annual leave — (A) subject to subparagraph (B), means paid vacation leave, paid personal leave, paid leave provided on an annual basis (provided under this Act or otherwise), or any other form of paid leave provided to an employee by the employer of such employee to be used on days (other than nonworkdays established by State or Federal law) in which the employee would otherwise work and receive pay; and (B) does not include— (i) leave provided under the Family and Medical Leave Act of 1993 ( 29 U.S.C. 2601 , et seq.)