[Code of Federal Regulations]
[Title 29, Volume 3]
[Revised as of July 1, 2005]
From the U.S. Government Printing Office via GPO Access
[CITE: 29CFR801.2]

[Page 719-720]
 
                             TITLE 29--LABOR
 
         CHAPTER V--WAGE AND HOUR DIVISION, DEPARTMENT OF LABOR
 
PART 801_APPLICATION OF THE EMPLOYEE POLYGRAPH PROTECTION ACT OF 1988
--Table of Contents
 
                            Subpart A_General
 
Sec. 801.2  Definitions.

    For purposes of this part:
    (a) Act or EPPA means the Employee Polygraph Protection Act of 1988 
(Pub. L. 100-347, 102 Stat. 646, 29 U.S.C. 2001-2009).
    (b) (1) The term commerce has the meaning provided in section 3(b) 
of the Fair Labor Standards Act of 1938 (29 U.S.C. 203(b)). As so 
defined, commerce means trade, commerce, transportation, transmission, 
or communication among the several States or between any State and any 
place outside thereof.
    (2) The term State means any of the fifty States and the District of 
Columbia and any Territory or possession of the United States.
    (c) The term employer means any person acting directly or indirectly 
in the interest of an employer in relation to an employee or prospective 
employee. A polygraph examiner either employed for or whose services are 
retained for the sole purpose of administering polygraph tests 
ordinarily would not be deemed an employer with respect to the 
examinees.
    (d) (1) The term lie detector means a polygraph, deceptograph, voice 
stress analyzer, psychological stress evaluator, or any other similar 
device (whether mechanical or electrical) that is used, or the results 
of which are used, for the purpose of rendering a diagnostic opinion 
regarding the honesty or dishonesty of an individual. Voice stress 
analyzers, or psychological stress evaluators, include any systems that 
utilize voice stress analysis, whether or not an opinion on honesty or 
dishonesty is specifically rendered.
    (2) The term lie detector does not include medical tests used to 
determine the presence or absence of controlled substances or alcohol in 
bodily fluids. Also not included in the definition of lie detector are 
written or oral tests commonly referred to as ``honesty'' or ``paper and 
pencil'' tests, machine-scored or otherwise; and graphology tests 
commonly referred to as handwriting tests.
    (e) The term polygraph means an instrument that--
    (1) Records continuously, visually, permanently, and simultaneously 
changes in cardiovascular, respiratory, and electrodermal patterns as 
minimum instrumentation standards; and
    (2) Is used, or the results of which are used, for the purpose of 
rendering a diagnostic opinion regarding the honesty or dishonesty of an 
individual.
    (f) The terms manufacture, dispense, distribute, and deliver have 
the meanings set forth in the Controlled Substances Act, 21 U.S.C. 812.
    (g) The term Secretary means the Secretary of Labor or authorized 
representative.
    (h) Employment Standards Administration means the agency within the 
Department of Labor, which includes the Wage and Hour Division.
    (i) Wage and Hour Division means the organizational unit in the 
Employment Standards Administration of the Department of Labor to which 
is assigned primary responsibility for enforcement and administration of 
the Act.

[[Page 720]]

    (j) Administrator means the Administrator of the Wage and Hour 
Division, or authorized representative.