; and (IV) includes the Government Accountability Office and the Library of Congress. (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) Commerce The terms commerce and industry or activity affecting commerce mean any activity, business, or industry in commerce or in which a labor dispute would hinder or obstruct commerce or the free flow of commerce, and include commerce and any industry affecting commerce, as defined in paragraphs (1) and (3) of section 501 of the Labor Management Relations Act, 1947 ( 29 U.S.C. 142 ). (II) 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) ). (C) Predecessors Any reference in this paragraph to an employer shall include a reference to any predecessor of such employer. (3) Legally protected leave The term legally protected leave , when used with respect to an employee, means leave that is protected under a Federal, State, or local law applicable to the employee. (4) No fault attendance policy The term no fault attendance policy means a policy or pattern and practice maintained by an employer under which employees face consequences for any absence, tardy, or early departure through the assessment of points (also referred to as demerits or occurrences ) or deductions from an allotted bank of time, and those points or deductions subject the employee to progressive disciplinary action, which may include failure to receive a promotion, loss of pay, or termination. (5) Person The term person has the meaning given such term in section 701(a) of the Civil Rights Act of 1964 ( 42 U.S.C. 2000e(a) ). (6) Secretary The term Secretary means the Secretary of Labor, acting through the Administrator of the Wage and Hour Division. 112. Requirements for employers relating to no fault attendance policies or attendance systems (a)