; and (B) with respect to an employer, includes a former employee of such employer. (4) Employer The term employer has the meaning given such term in section 3 of such Act. (5) Good faith The term good faith means, with respect to an employer applying for participation in the Payroll Audit Independent Determination program established under section 4, that such employer is not, at the time such employer submits an application for such program— (A) under investigation by the Secretary for an alleged violation of a minimum wage or overtime hours requirement of the Fair Labor Standards Act of 1938 ( 29 U.S.C. 201 et seq. )