,,ii  #aafth ,,congress  #b;d ,session  
,s4 #dgch  ,,in ,,the ,,senate ,,of     
,,the ,,united ,,states  ,september #bd1
 #bjbj ,mrs4 ,murray 7for herself and   
,mr4 ,brown7 introduced the following   
bill2 which was read twice and referred 
to the ,committee on ,health1           
,education1 ,labor1 and ,pensions  ,a   
,,bill  ,to provide a right to          
flexibility and to broaden and increase 
employee protections at work1 to protect
 small businesses through shared        
responsibility for workers' rights1 to  
provide public transparency on workers' 
rights violations1 and for other        
purposes4  #a4 ,short title ,this ,act  
may be cited as the ,worker ,flexibility
 and ,small ,business ,protection ,act  
of #bjbj4  #b4 ,table of contents ,the  
table of contents for this ,act is as   
follows3  ,sec4 #a4 ,short title4 ,sec4 
#b4 ,table of contents4 ,,title         
,i--,right to flexibility and employee  
protections at work ,sec4 #aja4 ,right  
to flexibility4 ,sec4 #ajb4 ,right to   

employee protections at work4 ,,title   
,,ii--,small business protection through
 shared responsibility for workers'     
rights ,sec4 #bja4 ,general shared      
responsibility for workers' rights4     
,sec4 #bjb4 ,massive corporations4 ,sec4
 #bjc4 ,franchisors4 ,sec4 #bjd4        
,temporary staffing companies4 ,sec4    
#bje4 ,licensors4 ,sec4 #bjf4 ,labor    
contractors4 ,sec4 #bjg4 ,supply chain  
responsibility plan4 ,sec4 #bjh4        
,conforming amendments4 ,,title         
,,iii--,public transparency on workers' 
rights violations ,sec4 #cja4 ,consumer 
right to know about compliance with     
workers' rights4 ,,title ,,iv--,creating
 broad and increasing worker protections
 ,sec4 #dja4 ,general standards for     
applying and interpreting workers'      
rights4 ,sec4 #djb4 ,statutes of        
limitation4 ,,title ,v--,general        
provisions ,sec4 #eja4 ,severability4   
,i ,right to flexibility and employee   
protections at work  #aja4 ,right to    
flexibility  7a7 ,in general ,the ,fair 

,labor ,standards ,act of #aich 7#bi    
,u4,s4,c4 #bja et seq47 is amended--    
7#a7 by inserting after section #g 7#bi 
,u4,s4,c4 #bjg7 the following3  #h4     
,right to flexibility  7a7 ,definitions 
,in this section3 7#a7 ,covered employee
 ,the term covered employee means1 with 
respect to an employer1 an employee     
who--  7,a7 prior to the date of        
enactment of the ,worker ,flexibility   
and ,small ,business ,protection ,act of
 #bjbj1 was classified by the employer  
as an independent contractor2 and  7,b7 
in any workweek is engaged in commerce  
or in the production of goods for       
commerce1 or is employed by an          
enterprise engaged in commerce or in the
 production of goods for commerce4  7#b7
 ,schedule and scheduling flexibility   
,the term schedule and scheduling       
flexibility1 with respect to the work of
 a covered employee under subsection    
7b71 includes-- 7,a7 the timing of the  
work throughout an hour1 day1 week1     
month1 or year2  7,b7 the total duration

 of the work in any given period2  7,c7 
the location where the work is          
performed2 and  7,d7 the ability to     
perform work for any entity other than  
the employer of the covered employee1   
including any direct competitor of the  
employer4  7b7 ,right ,to keep          
flexibility  7#a7 ,in general ,any      
covered employee of an employer has the 
right to maintain the same schedule and 
scheduling flexibility that the covered 
employee possessed at any time while    
performing labor for such employer as an
 independent contractor in the #ab-month
 period prior to the date of enactment  
of the ,worker ,flexibility and ,small  
,business ,protection ,act of #bjbj4    
7#b7 ,duration of right ,a covered      
employee shall continue to possess the  
right to maintain the same schedule and 
scheduling flexibility described in     
paragraph 7#a7 for the duration of the  
employment of the covered employee with 
the employer4  7#c7 ,nonretaliation     
7,a7 ,in general ,an employer of a      

covered employee--  7i7 may not         
discharge the covered employee for any  
reason except upon a showing of just    
cause2 and  7ii7 may not otherwise      
discriminate against the covered        
employee because of or with relation to 
the schedule or scheduling flexibility  
of the employee4  7,b7 ,discrimination  
,for the purposes of subparagraph       
7,a77ii71 the term discriminate1 with   
respect to a covered employee1 shall    
include-- 7i7 reducing the amount or    
number of hours of work of the covered  
employee2  7ii7 restricting or limiting 
the work of the covered employee for the
 employer2 or  7iii7 removing the       
covered employee from the workplace1    
including by suspending or deactivating 
an account the covered employee uses to 
perform work for the employer4  7,c7    
,motivating factor ,for the purposes of 
subparagraph 7,a77ii71 unlawful         
discrimination is established when a    
covered employee demonstrates that the  
schedule or scheduling flexibility of   

the covered employee was a motivating   
factor for any adverse employment action
 taken by an employer1 even if such     
action was also motivated by other      
factors4  7c7 ,right ,to request future 
flexibility  7#a7 ,right to request ,an 
employee shall have the right to request
 to have the schedule that the employee 
desires1 including--  7,a7 the number of
 shifts or other units of work per day  
or week2  7,b7 the number of hours of   
work per day2  7,c7 the number of days  
of work per week2  7,d7 the location    
where the employee performs the work2   
and  7,e7 any unpaid time off the       
employee desires to take4  7#b7         
,nonretaliation  7,a7 ,in general ,an   
employer shall not discharge or in any  
other manner discriminate against an    
employee for making a request described 
in paragraph 7#a74  7,b7 ,motivating    
factor ,unlawful discharge or           
discrimination against an employee is   
established under subparagraph 7,a7 when
 the complaining party demonstrates that

 the request described in paragraph 7#a7
 was a motivating factor for such       
discharge or discrimination1 even if    
such discharge or discrimination was    
also motivated by other factors4  7#c7  
,response  7,a7 ,in general ,an employer
 shall respond to a request described in
 paragraph 7#a7 by either granting the  
request in full or providing the        
employee with a written justification   
for any portion of the request that the 
employer denies based on a compelling   
business necessity4  7,b7 ,review by    
,secretary ,if the employer does not    
grant a request described in paragraph  
7#a7 in full1 the employee may request  
review by the ,secretary4 ,the          
,secretary may-- 7i7 issue an order to  
overrule the employer's denial of the   
employee's request1 or any portion of   
the employee's request1 if the          
,secretary finds that the employer does 
not have a compelling business necessity
 for the denial2 or  7ii7 issue an order
 to confirm the employer's denial of the

 employee's request1 or any portion of  
the employee's request1 if the          
,secretary finds that the employer has a
 compelling business necessity for the  
denial4  7,c7 ,appeals  7i7 ,in general 
,an aggrieved employer or employee may--
  7,i7 appeal an order of the ,secretary
 under subparagraph 7,b7 to an          
administrative law judge2 and  7,,ii7   
appeal an order of an administrative law
 judge under subclause 7,i7 to a        
,federal or ,state court of competent   
jurisdiction4  7ii7 ,compliance with    
order during appeal ,for the duration of
 an appeal described in clause 7i77,i71 
the employer and employee shall comply  
with the order of the ,secretary until  
and unless the order is overturned by an
 administrative law judge4 ,for the     
duration of an appeal described in      
clause 7i77,,ii71 the employer and      
employee shall comply with the order of 
the administrative law judge until and  
unless the order is overturned by a     
,federal or ,state court of competent   

jurisdiction4  7,d7 ,compelling business
 necessity ,for purposes of this        
paragraph1 the term compelling business 
necessity means only any of the         
following3  7i7 ,a significant burden of
 additional costs to the employer that  
would be prohibitive of continuing to   
conduct business4  7ii7 ,a complete     
inability of the employer to reorganize 
work amongst existing employees4  7iii7 
,a complete inability of the employer to
 recruit additional employees4  7iv7 ,a 
significant detrimental effect on the   
ability of the employer to meet customer
 demand4  7v7 ,a lack of work during the
 period the employee proposes to work4  
7vi7 ,a planned structural change to the
 employer's business1 which was planned 
before the request was made4  7vii7 ,any
 other grounds as determined by the     
,secretary through regulation that the  
,secretary demonstrates satisfy the high
 bar of being compellingly necessary for
 an employer to continue conducting     
business and being more than merely a   

legitimate business reason4  2  7#b7 by 
striking section #aj 7#bi ,u4,s4,c4     
#baj72 and  7#c7 by redesignating       
section #i 7#bi ,u4,s4,c4 #bji7 as      
section #aj4  7b7 ,enforcement  7#a7    
,prohibited acts ,section #ae7;a77#b7 of
 the ,fair ,labor ,standards ,act of    
#aich 7#bi ,u4,s4,c4 #bae7;a77#b77 is   
amended by striking section #f or #g and
 inserting section #f1 #g1 or #h4  7#b7 
,penalties ,section #af7;e7 of the ,fair
 ,labor ,standards ,act of #aich 7#bi   
,u4,s4,c4 #baf7;e77 is amended by adding
 at the end the following3  7#f7        
,penalties for violating right to       
flexibility ,any person who violates    
section #h shall be subject to a civil  
penalty1 for each employee aggrieved by 
the violation and for each day in which 
the employer is in such violation1 of-- 
7,a7 #a1jjj2 or  7,b7 if the violation  
is repeated or willful1 #e1jjj4  4  7c7 
,conforming amendments to other laws    
7#a7 ,age ,discrimination in ,employment
 ,act of #aifg ,section #g7;a7 of the   

,age ,discrimination in ,employment ,act
 of #aifg 7#bi ,u4,s4,c4 #fbf7;a77 is   
amended by striking sections #i and #aa 
of the ,fair ,labor ,standards ,act of  
#aich1 as amended 7#bi ,u4,s4,c4 #bji   
and #baa7 and inserting sections #aj and
 #aa of the ,fair ,labor ,standards ,act
 of #aich1 as amended 7#bi ,u4,s4,c4    
#baj and #baa74  7#b7 ,family and       
,medical ,leave ,act of #aiic ,section  
#ajf7;d7 of the ,family and ,medical    
,leave ,act of #aiic 7#bi ,u4,s4,c4     
#bfaf7;d77 is amended by striking       
section #i of the ,fair ,labor          
,standards ,act of #aich 7#bi ,u4,s4,c4 
#bji7 and inserting section #aj of the  
,fair ,labor ,standards ,act of #aich   
7#bi ,u4,s4,c4 #baj74  #ajb4 ,right to  
employee protections at work  7a7 ,fair 
,labor ,standards ,act of #aich  7#a7   
,strengthening employee test ,section   
#c7;e7 of the ,fair ,labor ,standards   
,act of #aich 7#bi ,u4,s4,c4 #bjc7;e77  
is amended by adding at the end the     
following3  7#f7 7,a7 ,for purposes of  

this ,act1 and except as provided in    
paragraphs 7#b71 7#c71 7#d71 7#e71 7#g71
 and 7#i71 an individual performing any 
labor for remuneration for a person     
shall be an employee employed by the    
person and not an independent contractor
 of the person1 unless--  7i7 the       
individual is free from control and     
direction in connection with the        
performance of the labor1 both under the
 contract for the performance of the    
labor and in fact2  7ii7 the labor is   
performed outside the usual course of   
the business of the person2 and  7iii7  
the individual is customarily engaged in
 an independently established trade1    
occupation1 profession1 or business of  
the same nature as that involved in the 
labor performed4  7,b7 7i7 ,subparagraph
 7,a7 is not a codification of the      
common law and shall not be interpreted 
to reflect1 or to be limited or         
restricted by1 common law               
interpretations regarding when an       
individual is an employee of another    

person4 ,subparagraph 7,a7 shall be     
considered complete as written1 and any 
judicial or agency interpretation of    
such subparagraph shall be limited to   
the explicit requirements of such       
subparagraph4  7ii7 ,the requirements of
 subparagraph 7,a7 shall not be in any  
way affected by any agreement1 written  
or otherwise1 that purports to          
demonstrate an individual's             
acknowledgment of or acquiescence to the
 absence of an employer-employee        
relationship with a particular employer4
  7#g7 7,a7 ,notwithstanding any        
contrary provisions in this subsection  
or subsection 7d7 or 7g71 in any        
instance in which there is a non-compete
 agreement between a person and an      
individual who performs labor for such  
person1 the presence of the non-compete 
agreement1 without regard to the        
legality or enforceability of the       
non-compete agreement1 shall be evidence
 of control for purposes of paragraph   
7#f77;,a77i71 but shall not by itself   

establish an employment relationship    
between such person and the individual4 
7,b7 ,in this paragraph1 the term       
non-compete agreement means an agreement
 between a person and an individual who 
performs labor for such person that     
restricts the individual from           
performing1 either during or after the  
individual performs labor for such      
person-- 7i7 any labor for another      
person2  7ii7 any labor for a specified 
period of time2  7iii7 any labor in a   
specified geographical area2 or  7iv7   
any labor for another person that is    
similar to the labor such individual    
performed for the person that is a party
 to such agreement4  4  7#b7            
,presumption of employee status ,section
 #c7;e7 of the ,fair ,labor ,standards  
,act of #aich 7#bi ,u4,s4,c4 #bjc7;e771 
as amended by paragraph 7#a71 is further
 amended by adding at the end the       
following3  7#h7 ,for purposes of this  
,act1 an individual performing any labor
 for remuneration for a person shall be 

presumed to be an employee of the       
person1 unless the party seeking to     
assert otherwise establishes by clear   
and convincing evidence that the        
individual is not an employee in        
accordance with paragraphs 7#a7 through 
7#g7 and paragraph 7#i74  4  7#c7       
,misclassification as a standalone      
violation  7,a7 ,in general ,the ,fair  
,labor ,standards ,act of #aich 7#bi    
,u4,s4,c4 #bja et seq47 is amended--    
7i7 by inserting after section #d 7#bi  
,u4,s4,c4 #bjd7 the following3  #e4     
,misclassification ,no employer shall   
misclassify any employee1 who in any    
workweek is engaged in commerce or in   
the production of goods for commerce1 or
 is employed in an enterprise engaged in
 commerce or in the production of goods 
for commerce1 of the employer as not an 
employee of the employer for purposes of
 this ,act4  2 and  7ii7 in section     
#ae7;a7 7#bi ,u4,s4,c4 #bae7;a77-- 7,i7 
in paragraph 7#e71 by striking the      
period at the end and inserting a       

semicolon2 and  7,,ii7 by adding at the 
end the following3  7#f7 to violate     
section #e2  4  7,b7 ,incorporation to  
further violations ,section #ae7;a7 of  
the ,fair ,labor ,standards ,act of     
#aich 7#bi ,u4,s4,c4 #bae7;a771 as      
amended by subparagraph 7,a77ii71 is    
further amended by adding at the end the
 following3  7#g7 for the purpose1 in   
whole or in part1 of facilitating1 or   
evading detection of1 a violation of    
this ,act1 including a violation of     
paragraph 7#f7--  7,a7 to incorporate or
 form1 or assist in the incorporation or
 formation of1 a corporation1           
partnership1 limited liability          
corporation1 or other entity2 or  7,b7  
to pay or collect a fee for use of a    
foreign or domestic corporation1        
partnership1 limited liability          
corporation1 or other entity2 or  4     
7,c7 ,penalties ,section #af7;e7 of the 
,fair ,labor ,standards ,act of #aich   
7#bi ,u4,s4,c4 #baf7;e771 as amended by 
section #aja7;b77#b71 is further amended

 by adding at the end the following3    
7#g7 ,penalties for misclassification   
and incorporation ,to further violations
  7,a7 ,in general ,any person who      
violates paragraph 7#f7 or 7#g7 of      
section #ae7;a7 shall be subject to a   
civil penalty of--  7i7 subject to      
clauses 7ii7 and 7iii71 #aj1jjj2  7ii7  
if the violation is repeated or willful1
 #cj1jjj2 or  7iii7 if the violation is 
widespread1 #a percent of the net       
profits of the person for the year in   
which the person had the highest net    
profits out of all years in which the   
person was in such violation4  7,b7     
,repeated1 or willful1 and widespread   
violations ,if a violation of paragraph 
7#f7 or 7#g7 of section #ae7;a7 is      
repeated or willful1 as described in    
subparagraph 7,a77ii71 and is           
widespread1 as described in subparagraph
 7,a77iii71 the higher penalty of the   
penalties described in such             
subparagraphs shall apply4  7,c7        
,payment of penalties ,any penalty      

assessed under subparagraph 7,a7 for a  
violation of paragraph 7#f7 or 7#g7 of  
section #ae7;a7 shall be paid from an   
account of the person in such violation 
and not paid1 or reimbursed1 by any     
insurance plan that would indemnify the 
person from violations of such paragraph
 7#f7 or 7#g71 respectively4 ,if a      
person receives a payment from an       
insurance plan to indemnify the person  
from a violation of such paragraph1 the 
person shall transfer the payment to the
 ,secretary1 in addition to the amount  
to be paid from the account of the      
person for the penalty4 ,the amount of a
 payment transferred to the ,secretary  
under this subparagraph shall be treated
 as a civil penalty under this section  
for a violation of section #ae for      
purposes of paragraph 7#e7 of this      
subsection and subsection 7f74  4  7#d7 
,protection from retaliation for being  
an employee ,section #ae7;a77#c7 of the 
,fair ,labor ,standards ,act of #aich   
7#bi ,u4,s4,c4 #bae7;a77#c77 is         

amended--  7,a7 by striking employee    
because such employee has filed and     
inserting 8employee because--  7,a7 such
 employee has filed2  2  7,b7 by        
striking committee2 and inserting       
committee2 or2 and  7,c7 by adding at   
the end the following3  7,b7 such       
employee-- 7i7 is required1 pursuant to 
the enactment of the ,worker            
,flexibility and ,small ,business       
,protection ,act of #bjbj1 to be        
classified as an employee of the person 
for purposes of this ,act and not an    
independent contractor2 and  7ii7 was   
classified by the person as an          
independent contractor prior to the date
 of enactment of the ,worker            
,flexibility and ,small ,business       
,protection ,act of #bjbj2  4  7#e7     
,rules regarding unlawful discharge or  
discrimination ,section #ae of the ,fair
 ,labor ,standards ,act of #aich 7#bi   
,u4,s4,c4 #bae7 is amended by adding at 
the end the following3  7c7 ,rules      
regarding unlawful discharge or         

discrimination  7#a7 ,presumption of    
retaliation ,any action taken against an
 employee within #ij days of the        
employee taking any action described in 
subsection 7a77#c77;,a71 including      
taking any such action with respect to  
exercising the right of the employee    
pursuant to section #e to not be        
misclassified1 shall establish a        
rebuttable presumption that the action  
is discrimination against the employee  
in violation of subsection 7a77#c74     
7#b7 ,motivating factor ,unlawful       
discharge or other discrimination       
against an employee under subsection    
7a77#c7 is established when the         
complaining party demonstrates that one 
of the actions or the classification    
described in such subsection was a      
motivating factor for such discharge or 
other discrimination1 even if such      
discharge or other discrimination was   
also motivated by other factors4  4     
7#f7 ,statutory employers in heavily    
misclassified industries  7,a7          

,definition of employer ,section #c7;d7 
of the ,fair ,labor ,standards ,act of  
#aich 7#bi ,u4,s4,c4 #bjc7;d77 is       
amended to read as follows3  7d7        
,employer  7#a7 ,in general ,the term   
employer includes any person acting     
directly or indirectly in the interest  
of an employer in relation to an        
employee4  7#b7 ,inclusions and         
exclusions ,the term employer includes a
 public agency but does not include any 
labor organization 7other than when     
acting as an employer7 or anyone acting 
in the capacity of officer or agent of  
such labor organization4  7#c7          
,application with reference to other    
definitions ,the term employer shall be 
interpreted and applied in a manner that
 is consistent with the other           
definitions in this section and that    
incorporates the term employee1 as      
defined in subsection 7e71 and the term 
employ1 as defined in subsection 7g74   
7#d7 ,statutory employers in certain    
industries ,the term employer shall     

include any person1 except a person     
excluded under paragraph 7#b71 with     
respect to an individual described in   
subsection 7e77#i7 performing labor that
 is beneficial to the person1 that is   
engaged in any of the following work3   
7,a7 ,transportation1 including any     
person that benefits from labor         
performed by individuals in the form of 
transportation in a motorized or        
unmotorized vehicle1 by foot1 or by any 
other means1 including transportation   
network companies1 technology platform  
companies1 passenger transportation or  
food transportation companies1 and cargo
 transportation companies4  7,b7        
,network dispatching1 including any     
person that uses a digital network to   
connect individuals or entities seeking 
services or labor with individuals or   
entities seeking to provide services or 
labor1 but not including any person who 
owns1 controls1 or manages-- 7i7 a      
completely neutral physical or internet 
marketplace where the procurement of    

goods or services takes place between   
individuals who are completely          
independent from and free from any and  
all direction or control by the person  
owning1 controlling1 or managing the    
neutral marketplace1 including such     
person having absolutely no role in the 
setting of prices or rates1 in the      
assignment or referral of requests for  
goods or services to individuals who    
could potentially provide such goods or 
services1 and in the acceptance or      
rejection of any requests for goods or  
services2 and  7ii7 a labor organization
 hiring hall4  4  7,b7 ,definition of   
employee ,section #c7;e7 of the ,fair   
,labor ,standards ,act of #aich 7#bi    
,u4,s4,c4 #bjc7;e771 as amended by      
paragraph 7#b71 is further amended by   
adding at the end the following3  7#i7  
,notwithstanding paragraph 7#a7 or 7#f7 
of this subsection1 subsection 7d7      
7other than paragraph 7#d7 of such      
subsection71 or subsection 7g71 and     
except as provided in paragraphs 7#b71  

7#c71 7#d71 and 7#e71 the term employee1
 with respect to an employer described  
in subsection 7d77#d71 shall include any
 individual performing labor that is    
beneficial to the employer1 including-- 
7,a7 with respect to transportation     
described in subparagraph 7,a7 of such  
subsection1 any individual who performs 
any portion of the labor included under 
such subparagraph1 including individuals
 who perform labor in the form of       
engaging in transportation beneficial to
 transportation network companies1      
technology platform companies1 passenger
 transportation or food transportation  
companies1 or cargo transportation      
companies2 and  7,b7 with respect to    
network dispatching described in        
subparagraph 7,b7 of such subsection1   
any individual who performs any portion 
of the services or labor included under 
such subparagraph1 including providing  
the services or labor to the individuals
 or entities seeking such services or   
labor4  4  7,c7 ,compensable time worked

  7i7 ,in general ,the ,fair ,labor     
,standards ,act of #aich 7#bi ,u4,s4,c4 
#bja et seq47 is amended by inserting   
after section #h the following3  #i4    
,special requirements for certain       
workers  7a7 ,determining compensable   
hours worked for transportation and     
network dispatching workers  7#a7       
,determining hours worked  7,a7 ,in     
general ,for the purposes of sections #f
 and #g1 in determining the hours for   
which an employee described in section  
#c7;e77#i7 is employed1 there shall be  
included any reasonable amount of time1 
as determined by the ,secretary in      
accordance with subparagraph 7,c71 spent
 on waiting for1 receiving1 reviewing1  
considering1 accepting1 and transporting
 oneself to fulfill an assignment or    
request to perform any portion of labor 
immediately before performing such      
portion of labor1 including through a   
smartphone application1 technology      
platform1 dispatch network1 or any other
 mechanism that is used to connect      

individuals or entities seeking services
 or labor with employees seeking to     
provide services or labor4  7,b7 ,rate  
of compensation ,compensation paid for  
any reasonable amount of time described 
in subparagraph 7,a7 shall be paid at a 
rate no less than the employee's regular
 rate of pay4  7,c7 ,determination of   
amount of time ,the ,secretary shall    
have discretion to determine a          
reasonable amount of time for purposes  
of subparagraph 7,a7 given the specific 
circumstances involved1 except that in  
all cases-- 7i7 the minimum amount of   
the reasonable amount of time for the   
activities described in subparagraph    
7,a7 before accepting and performing a  
portion of labor shall be #c minutes2   
and  7ii7 the maximum amount of such    
reasonable amount of time shall be #cj  
minutes4  7,d7 ,collective bargaining   
,notwithstanding subparagraph 7,a71 no  
employer shall be determined to have    
violated section #f or #g by employing  
any employee described in section       

#c7;e77#i7 without providing such       
employee compensation for the reasonable
 amount of time under subparagraph 7,a7 
if such employee is so employed in      
pursuance of an agreement1 made as a    
result of collective bargaining by a    
bona fide representative of employees   
for purposes of section #h7;f7 or       
7#i77;a7 of the ,national ,labor        
,relations ,act 7#bi ,u4,s4,c4 #aeh7;f71
 #aei7;a771 that alters or waives the   
compensation requirements of this       
paragraph4  7#b7 ,information ,the      
,secretary shall have the authority to  
request1 inspect1 and pursue subpoenas  
for any information or data held by an  
employer that the ,secretary determines 
to be relevant-- 7,a7 in determining the
 reasonable amount of time under        
paragraph 7#a77;,a7 for which an        
employee described in section #c7;e77#i7
 should be compensated2  7,b7 in        
determining an employee's regular rate  
of pay for purposes of paragraph        
7#a77;,b72 or  7,c7 for any other       

purpose related to this subsection4  4  
7ii7 ,penalties ,section #ae7;a77#b7 is 
amended by inserting including          
violations due to failure to comply with
 section #i7;a71 after section #g14     
7#g7 ,misclassification enforcement     
through reclassification orders and stop
 work orders  7,a7 ,in general ,section 
#ag of the ,fair ,labor ,standards ,act 
of #aich 7#bi ,u4,s4,c4 #bag7 is        
amended--  7i7 by striking ,the district
 courts and inserting 7a7 ,the district 
courts2  7ii7 by inserting orders issued
 under subsection 7b77#a7 or 7c77#a7 or 
violations of before section #ae12 and  
7iii7 by adding at the end the          
following3  7b7 ,misclassification      
enforcement through reclassification    
orders  7#a7 ,in general ,if the        
,secretary determines1 after an         
investigation under section #aa1 that an
 employer has misclassified #a or more  
individuals who are employees of the    
employer as not employees in violation  
of section #ae7;a77#f7--  7,a7 the      

,secretary shall issue1 not later than  
#bd hours after making such             
determination1 an order against the     
employer requiring the employer to      
immediately classify the #a or more     
individuals as employees of the         
employer2 and  7,b7 the employer shall  
immediately comply with the order issued
 under subparagraph 7,a7 or shall       
otherwise be in violation of section    
#ae7;a77#f74  7#b7 ,orders ,an order    
issued under paragraph 7#a7 shall-- 7,a7
 be effective at the time at which the  
order is served upon the employer1 which
 may be accomplished by the posting of a
 copy of the order in a conspicuous     
location at the place of business of the
 employer2 and  7,b7 remain in effect   
during any review conducted under       
paragraph 7#c7 with respect to such     
order and during any hearing and appeal 
of such order under paragraph 7#d74     
7#c7 ,review for reconsideration  7,a7  
,in general ,an employer against whom an
 order is issued under paragraph 7#a7   

may request a review by the ,secretary  
to contest the order4  7,b7 ,requests ,a
 request under subparagraph 7,a7 shall  
be made in writing to the ,secretary not
 more than #e days after the issuance of
 the order4  7,c7 ,requirements for     
review  7i7 ,in general ,a review under 
this paragraph shall--  7,i7 commence   
not later than #bd hours after a request
 is made under subparagraph 7,b72 and   
7,,ii7 conclude not later than #bd hours
 after such commencement4  7ii7         
,determination ,not later than #gb hours
 after a review concludes under clause  
7i77,,ii71 the ,secretary shall         
determine whether to affirm1 modify1 or 
revoke the contested order4  7#d7       
,hearings and appeals ,any person       
aggrieved by a determination of the     
,secretary under paragraph 7#c77;,c77ii7
 may--  7,a7 request a hearing to appeal
 such determination to an administrative
 law judge2 and  7,b7 appeal an order of
 an administrative law judge under      
subparagraph 7,a7 to a ,federal or      

,state court of competent jurisdiction4 
7#e7 ,injunction proceedings ,the       
,secretary may seek an injunction       
proceeding under subsection 7a7 against 
any employer that violates an order     
issued under paragraph 7#a74 ,a court   
shall issue such injunction if the      
,secretary has demonstrated it is just  
and proper4  7#f7 ,successfully         
disproving occurrence of                
misclassification  7,a7 ,in general ,if 
an employer with respect to whom an     
order was issued under paragraph 7#a7   
successfully proves through a review    
under paragraph 7#c71 or a hearing or   
appeal under paragraph 7#d71 that the #a
 or more individuals who were the       
subject of the order were not           
misclassified in violation of section   
#ae7;a77#f7--  7i7 the order issued     
under paragraph 7#a7 shall cease to be  
in effect2  7ii7 the employer shall not 
be liable for any applicable unpaid     
minimum wages1 unpaid overtime          
compensation1 other damages1 or civil   

penalties owed by the employer under    
section #af with respect to the         
misclassification of such #a or more    
individuals2 and  7iii7 the ,secretary  
of ,labor1 administrative law judge1 or 
the court shall award 7and the          
,secretary of the ,treasury shall1 in   
accordance with subparagraph 7,b71 pay7 
to the employer reasonable fees and     
expenses of attorneys in the same manner
 as such fees and expenses could be     
awarded under section #bdab of title    
#bh1 ,united ,states ,code1 if the      
employer was a prevailing party and the 
review1 hearing1 or appeals proceeding  
was a civil action brought by or against
 the ,united ,states4  7,b7 ,source of  
funds ,the ,secretary of the ,treasury  
shall1 upon notification by the         
,secretary of ,labor1 administrative law
 judge1 or court1 as applicable1 pay any
 fees or expenses awarded under         
subparagraph 7,a77iii7 from amounts in  
the general fund of the ,treasury4  7c7 
,misclassification enforcement through  

stop work orders  7#a7 ,in general ,in  
any case where an employer does not     
comply with a reclassification order    
issued by the ,secretary under          
subsection 7b77#a71 with respect to #b  
or more individuals who are             
misclassified in violation of section   
#ae7;a77#f71 within #cj days of being   
served with the order1 the ,secretary   
shall issue-- 7,a7 subject to           
subparagraph 7,b71 an order against the 
employer requiring the cessation of all 
business operations of such employer at 
the location of the violation2 or  7,b7 
if an order described in subparagraph   
7,a7 has been previously issued against 
the employer by any ,federal1 ,state1 or
 local agency for misclassifying an     
employee as not an employee in violation
 of section #ae7;a77#f71 or an          
equivalent ,state or local law as       
determined by the ,secretary1 an order  
against the employer requiring the      
cessation of all business operations of 
such employer at all business locations 

of the employer1 including locations    
other than the location where the       
misclassification occurred4  7#b7       
,orders  7,a7 ,applicability ,an order  
issued under paragraph 7#a7 shall--  7i7
 be effective at the time at which the  
order is served upon the employer1 which
 may be accomplished by the posting of a
 copy of the order in a conspicuous     
location at the place of business of the
 employer2 and  7ii7 remain in effect-- 
7,i7 during any review conducted under  
paragraph 7#c7 with respect to such     
order and during any hearing and appeal 
of such order under paragraph 7#d72 and 
7,,ii7 until the ,secretary issues a    
release order under subparagraph 7,b74  
7,b7 ,release orders  7i7 ,in general   
,an order issued under paragraph 7#a7   
7that is not revoked by the ,secretary  
or held unlawful or set aside by an     
administrative law judge or a court7    
shall remain in effect until the        
,secretary issues another order         
releasing the order issued under such   

paragraph upon a finding by the         
,secretary that the employer-- 7,i7 has 
corrected the violation of section      
#ae7;a77#f7 with respect to the #b or   
more individuals who were misclassified 
resulting in the order2 and  7,,ii7 has 
agreed to a payment schedule for all    
applicable unpaid minimum wages1 unpaid 
overtime compensation1 other damages1   
and civil penalties owed by the employer
 under section #af4  7ii7 ,reinstatement
 ,if1 at any time after the ,secretary  
issues a release order under clause 7i71
 the employer fails to comply with the  
terms of the payment schedule described 
in clause 7i77,,ii71 the ,secretary     
shall reinstate the order issued under  
paragraph 7#a7 until the employer is in 
compliance with such terms4  7#c7       
,review for reconsideration  7,a7 ,in   
general ,an employer against whom an    
order is issued under paragraph 7#a7 may
 request a review by the ,secretary to  
contest the order4  7,b7 ,requests ,a   
request under subparagraph 7,a7 shall be

 made in writing to the ,secretary not  
more than #e days after the issuance of 
the order4  7,c7 ,requirements for      
review  7i7 ,in general ,a review under 
this paragraph shall-- 7,i7 commence not
 later than #bd hours after a request is
 made under subparagraph 7,b72 and      
7,,ii7 conclude not later than #bd hours
 after such commencement4  7ii7         
,determination ,not later than #gb hours
 after a review concludes under clause  
7i77,,ii71 the ,secretary shall         
determine whether to affirm1 modify1 or 
revoke the contested order4  7#d7       
,hearings and appeals ,any person       
aggrieved by a determination of the     
,secretary under paragraph 7#c77;,c77ii7
 may-- 7,a7 request a hearing to appeal 
such determination to an administrative 
law judge2 and  7,b7 appeal an order of 
an administrative law judge under       
subparagraph 7,a7 to a ,federal or      
,state court of competent jurisdiction4 
7#e7 ,injunction proceedings ,the       
,secretary may seek an injunction       

proceeding under subsection 7a7 against 
any employer that violates an order     
issued under paragraph 7#a74 ,a court   
shall issue such injunction if the      
,secretary has demonstrated it is just  
and proper4  7#f7 ,compensation for lost
 work  7,a7 ,in general ,subject to     
subparagraph 7,b71 an employer with     
respect to whom an order is issued under
 paragraph 7#a7 shall pay each employee 
of the employer1 who loses compensation 
due to the work of such employee ceasing
 as a result of such order1 the         
compensation that would be owed to such 
employee if the order was not issued4   
7,b7 ,limitation ,compensation paid     
under subparagraph 7,a7 shall be for    
each day1 not to exceed #aj days1 for   
which the employee would be paid if the 
order described in such subparagraph    
were not in effect4  7#g7 ,successfully 
disproving occurrence of                
misclassification  7,a7 ,in general ,in 
any case where an employer with respect 
to whom an order was issued under       

paragraph 7#a7 successfully proves1     
through a review under paragraph 7#c7 or
 a subsequent hearing or appeals        
proceeding under paragraph 7#d71 that   
the #b or more individuals who were the 
subject of the order were not           
misclassified in violation of section   
#ae7;a77#f7-- 7i7 the order issued under
 paragraph 7#a71 and any order issued   
against the employer under subsection   
7b77#a7 with respect to such #b or more 
individuals1 shall cease to be in       
effect2  7ii7 the employer shall not be 
liable for any applicable unpaid minimum
 wages1 unpaid overtime compensation1   
other damages1 or civil penalties owed  
by the employer under section #af with  
respect to the misclassification of such
 #b or more individuals2 and  7iii7 the 
,secretary of ,labor1 administrative law
 judge1 or the court shall award 7and   
the ,secretary of the ,treasury shall1  
in accordance with subparagraph 7,b71   
pay7 to the employer--  7,i7 an amount  
equal to any demonstrable lost net      

profits resulting from the order1 as    
demonstrated by clear and convincing    
evidence2 and  7,,ii7 reasonable fees   
and expenses of attorneys in the same   
manner as such fees and expenses could  
be awarded under section #bdab of title 
#bh1 ,united ,states ,code1 if the      
employer was a prevailing party and the 
review1 hearing1 or appeals proceeding  
was a civil action brought by or against
 the ,united ,states4  7,b7 ,source of  
funds ,the ,secretary of the ,treasury  
shall1 upon notification by the         
,secretary of ,labor1 administrative law
 judge1 or court1 as applicable1 pay any
 amounts1 fees1 or expenses awarded     
under subparagraph 7,a77iii7 from       
amounts available in the general fund of
 the ,treasury4  4  7,b7 ,penalties     
,section #af7;e7 of the ,fair ,labor    
,standards ,act of #aich 7#bi ,u4,s4,c4 
#baf7;e771 as amended by paragraph      
7#c77;,c71 is further amended by adding 
at the end the following3  7#h7         
,penalties for violating                

reclassification orders  7,a7 ,civil    
penalties ,any person who violates a    
reclassification order issued by the    
,secretary under section #ag7;b77#a7    
shall be subject to a civil penalty of  
not less than #e1jjj per day1 with each 
day constituting a separate offense4    
7,b7 ,additional damages ,in any case in
 which an employer contests a           
reclassification order issued under     
paragraph 7#a7 of section #ag7;b7 in a  
review under paragraph 7#c7 of such     
section1 a hearing under paragraph      
7#d77;,a7 of such section1 and a        
subsequent judicial proceeding under    
paragraph 7#d77;,b7 of such section1 and
 the court in such proceeding rules in  
favor of the ,secretary--  7i7 the court
 shall determine if1 during the period  
between the issuance of such order and  
the conclusion of the proceeding1 the   
employer violated such order by not     
classifying the #a or more individuals  
as employees during that period2 and    
7ii7 if the court determines the        

employer so violated the order during   
that period--  7,i7 the court shall     
determine the amount of net profits     
derived by the employer from the        
individuals' labor during that period2  
and  7,,ii7 the court shall assess      
damages in the amount determined under  
subclause 7,i71 which damages shall be  
awarded to such individuals by the      
court4  4  7,c7 ,conforming amendments  
,sections #ab7;b7 and #af7;b7 of the    
,fair ,labor ,standards ,act of #aich   
7#bi ,u4,s4,c4 #bab7;b7 and #baf7;b77   
are amended by striking section #ag each
 place it appears and inserting section 
#ag7;a74  7#h7 ,private attorneys       
general ,section #af of the ,fair ,labor
 ,standards ,act of #aich 7#bi ,u4,s4,c4
 #baf71 as amended by paragraph         
7#g77;,b71 is further amended--  7,a7 in
 subsection 7b71 by inserting after the 
third sentence the following3 ,any      
employer who violates a provision of    
this ,act for which a civil penalty may 
be assessed by the ,secretary under this

 ,act may1 in accordance with subsection
 7f71 be liable to the employee or      
employees affected in the amount of the 
civil penalty42  7,b7 in subsection     
7e7--  7i7 in paragraph 7#c71 in the    
matter preceding subparagraph 7,a7 of   
the second sentence1 by inserting 1     
except as provided in subsection        
7f77#c77;,a71 after may2 and  7ii7 in   
paragraph 7#e7--  7,i7 in the first     
sentence1 by inserting and as provided  
in subsection 7f77#c77;,b71 after       
,except for civil penalties collected   
for violations of section #ab2 and      
7,,ii7 in the second sentence1 by       
striking ,civil penalties and inserting 
,except as provided in subsection       
7f77#c77;,b71 civil penalties2 and  7,c7
 by adding at the end the following3    
7f7 ,private right of action for        
penalties  7#a7 ,in general             
,notwithstanding any other provision in 
this ,act1 an employee that is affected 
by a violation of a provision of this   
,act for which a civil penalty may be   

assessed by the ,secretary under this   
,act may1 subject to paragraph 7#b71    
bring a civil action in accordance with 
subsection 7b7 for the recovery of the  
amount of the penalty on behalf of the  
employee and any other employees        
similarly situated 7subject to the      
requirements for being a party plaintiff
 under such subsection74  7#b7 ,notice  
7,a7 ,in general ,prior to filing the   
civil action described in paragraph     
7#a71 the employee filing such action   
shall file with the ,secretary a notice 
of-- 7i7 the complaint of the employee2 
and  7ii7 the intention of the employee 
to file the action and recover the      
amount of the penalty and any other     
amount the employee is seeking under    
subsection 7b7 from the employer4  7,b7 
,notification by ,secretary to employee 
7i7 ,in general ,the ,secretary shall1  
not later than #fj days after receiving 
the notice under subparagraph 7,a71     
notify the employee of whether the      
,secretary has assessed1 is assessing1  

or plans to assess the civil penalty in 
accordance with this ,act4  7ii7        
,termination of employee right ,the     
right of an employee to bring an action 
under subsection 7b7 to recover a civil 
penalty under this subsection shall     
terminate upon the filing of a          
notification by the ,secretary under    
clause 7i7 that the ,secretary has      
assessed1 is assessing1 or plans to     
assess the civil penalty in accordance  
with this ,act4  7#c7 ,treatment of     
penalties recovered by employees ,in a  
case in which the ,secretary notifies   
the employee that the ,secretary has not
 assessed1 is not assessing1 and plans  
not to assess the civil penalty 7or     
fails to meet the required deadline for 
notifying the employee under paragraph  
7#b77;,b77i77--  7,a7 the second        
sentence of paragraph 7#c71 and         
paragraph 7#e71 of subsection 7e7 shall 
not apply with respect to the civil     
penalty sought by the employee2 and     
7,b7 if the penalty is successfully     

recovered through a civil action by the 
employee1 the employee and any other    
similarly situated employee 7as         
applicable7 shall retain the amount of  
the penalty in accordance with paragraph
 7#d7 7as applicable74  7#d7 ,multiple  
employees ,in a case in which an        
employee brings a civil action in any   
,federal or ,state court of competent   
jurisdiction under this subsection for  
the recovery of a civil penalty under   
this ,act on behalf of the employee and 
other similarly situated employees--    
7,a7 the employee bringing the action   
shall be entitled to--  7i7 #ajj percent
 of the amount of the penalty assessed  
for such employee2 and  7ii7 #be percent
 of the amount of the penalty assessed  
for similarly situated employees        
involved in the action2 and  7,b7 the   
court shall determine how to divide the 
remainder of the amount of the penalty  
assessed for similarly situated         
employees involved in the action        
equitably among such employees4  7#e7   

,arbitration  7,a7 ,in general          
,notwithstanding any other provision of 
,federal law and except as provided in  
subparagraph 7,b71 the right to bring a 
civil action under this subsection may  
not be waived1 limited1 or otherwise    
restricted by any contract or other     
agreement between an employee and an    
employer entered into before the events 
giving rise to the civil action under   
this subsection occurred1 including any 
contract or other agreement to resolve  
disputes through arbitration4  7,b7     
,consent of ,secretary ,no civil action 
brought under this subsection may be    
sent to or resolved through arbitration1
 regardless of whether all parties to   
the civil action have consented to      
arbitration1 without the explicit       
consent of the ,secretary for sending   
that specific action to arbitration4  4 
7b7 ,national ,labor ,relations ,act    
7#a7 ,strengthening employee test       
,section #b7c7 of the ,national ,labor  
,relations ,act 7#bi ,u4,s4,c4 #aeb7c77 

is amended--  7,a7 by striking ,the term
 and inserting 7,a7 ,the term2  7,b7 by 
striking employment1 but shall not and  
inserting employment4 ,such term shall  
not2 and  7,c7 by adding at the end the 
following3  7,b7 7i7 ,for purposes of   
this ,act1 and except as provided in the
 second sentence of subparagraph 7,a7   
and subparagraphs 7,c7 and 7,e71 an     
individual performing any labor for     
remuneration for a person shall be an   
employee employed by such person and not
 an independent contractor of the       
person1 unless--  7,i7 the individual is
 free from control and direction in     
connection with the performance of the  
labor1 both under the contract for the  
performance of the labor and in fact2   
7,,ii7 the labor is performed outside   
the usual course of the business of the 
person2 and  7,,iii7 the individual is  
customarily engaged in an independently 
established trade1 occupation1          
profession1 or business of the same     
nature as that involved in the labor    

performed4  7ii7 7,i7 ,clause 7i7 is not
 a codification of the common law and   
shall not be interpreted to reflect1 or 
to be limited or restricted by1 common  
law interpretations regarding when an   
individual is an employee of another    
person4 ,clause 7i7 shall be considered 
complete as written1 and any judicial or
 agency interpretation of such clause   
shall be limited to the explicit        
requirements of such clause4  7,,ii7    
,the requirements of clause 7i7 shall   
not be in any way affected by any       
agreement1 written or otherwise1 that   
purports to demonstrate an individual's 
acknowledgment of or acquiescence to the
 absence of an employer-employee        
relationship with a particular employer4
  7,c7 7i7 ,notwithstanding any contrary
 provisions in this paragraph or        
paragraph 7#b71 in any instance in which
 there is a non-compete agreement       
between a person and an individual who  
performs labor for such person1 the     
presence of the non-compete agreement1  

without regard to the legality or       
enforceability of the non-compete       
agreement1 shall be evidence of control 
for purposes of subparagraph            
7,b77i77,i71 but shall not by itself    
establish an employment relationship    
between such person and the individual4 
7ii7 ,in this subparagraph1 the term    
non-compete agreement means an agreement
 between a person and an individual who 
performs labor for such person that     
restricts the individual from           
performing1 either during or after the  
individual performs labor for such      
person-- 7,i7 any labor for another     
person2  7,,ii7 any labor for a         
specified period of time2  7,,iii7 any  
labor in a specified geographical area2 
or  7,,iv7 any labor for another person 
that is similar to the labor such       
individual performed for the person that
 is a party to such agreement4  4  7#b7 
,presumption of employee status ,section
 #b7c7 of the ,national ,labor          
,relations ,act 7#bi ,u4,s4,c4 #aeb7c771

 as amended by paragraph 7#a71 is       
further amended by adding at the end the
 following3  7,d7 ,for purposes of this 
,act1 an individual performing any labor
 for remuneration for a person shall be 
presumed to be an employee of the       
person1 unless the party seeking to     
assert otherwise establishes by clear   
and convincing evidence that the        
individual is not an employee of the    
person in accordance with this          
paragraph4  4  7#c7 ,misclassification  
as a standalone violation  7,a7 ,in     
general ,section #h7;a7 of the ,national
 ,labor ,relations ,act 7#bi ,u4,s4,c4  
#aeh7;a77 is amended--  7i7 in paragraph
 7#e71 by striking the period at the end
 and inserting a semicolon2 and  7ii7 by
 adding at the end the following3  7#f7 
to misclassify an employee of the       
employer1 who is engaged in commerce or 
an industry affecting commerce1 as not  
an employee of the employer for purposes
 of this ,act2  4  7,b7 ,incorporation  
to further violations ,section #h7;a7 of

 the ,national ,labor ,relations ,act   
7#bi ,u4,s4,c4 #aeh7;a771 as amended by 
subparagraph 7,a71 is further amended by
 adding at the end the following3  7#g7 
for the purpose1 in whole or in part1 of
 facilitating1 or evading detection of1 
a violation of this ,act1 including a   
violation of paragraph 7#f7-- 7,a7 to   
incorporate or form1 or assist in the   
incorporation or formation of1 a        
corporation1 partnership1 limited       
liability corporation1 or other entity2 
or  7,b7 to pay or collect a fee for use
 of a foreign or domestic corporation1  
partnership1 limited liability          
corporation1 or other entity2 or  4     
7,c7 ,penalties ,section #ab of the     
,national ,labor ,relations ,act 7#bi   
,u4,s4,c4 #afb7 is amended to read as   
follows3  #ab4 ,penalties  7a7 ,in      
general ,any person who shall willfully 
resist1 prevent1 impede1 or interfere   
with any member of the ,board or any of 
its agents or agencies in the           
performance of duties pursuant to this  

,act shall be punished by a fine of not 
more than #e1jjj or by imprisonment for 
not more than one year1 or both4  7b7   
,civil penalties for misclassification  
or incorporation ,to further violations 
7#a7 ,in general ,any person who        
violates paragraph 7#f7 or 7#g7 of      
section #h7;a7 shall be subject to a    
civil penalty of--  7,a7 subject to     
subparagraphs 7,b7 and 7,c71 #aj1jjj2   
7,b7 if the violation is repeated or    
willful1 #cj1jjj2 or  7,c7 if the       
violation is widespread1 #a percent of  
the net profits of the person for the   
year in which the person had the highest
 net profits out of all years in which  
the person was in such violation4  7#b7 
,repeated1 or willful1 and widespread   
violations ,if a violation of paragraph 
7#f7 or 7#g7 of section #h7;a7 is       
repeated or willful1 as described in    
paragraph 7#a77;,b71 and is widespread1 
as described in paragraph 7#a77;,c71 the
 higher penalty of the penalties        
described in such paragraphs shall      

apply4  7#c7 ,payment of penalties ,any 
penalty assessed under paragraph 7#a7   
for a violation of paragraph 7#f7 or    
7#g7 of section #h7;a7 shall be paid    
from an account of the person in such   
violation and not paid1 or reimbursed1  
by any insurance plan that would        
indemnify the person from violations of 
such paragraph 7#f7 or 7#g71            
respectively4 ,if a person receives a   
payment from an insurance plan to       
indemnify the person from a violation of
 such paragraph1 the person shall       
transfer the payment to the ,board1 in  
addition to the amount to be paid from  
the account of the person for the       
penalty4  4  7#d7 ,protection from      
retaliation for being an employee       
,section #h7;a77#d7 of the ,national    
,labor ,relations ,act 7#bi ,u4,s4,c4   
#aeh7;a77#d77 is amended--  7,a7 by     
striking employee because he has filed  
and inserting 8employee because--  7,a7 
such employee has filed2  2  7,b7 by    
striking ,act2 and inserting ,act2 or2  

and  7,c7 by adding at the end the      
following3  7,b7 such employee-- 7i7 is 
required1 pursuant to the enactment of  
the ,worker ,flexibility and ,small     
,business ,protection ,act of #bjbj1 to 
be classified as an employee of the     
employer for purposes of this ,act and  
not an independent contractor2 and  7ii7
 was classified by the employer as an   
independent contractor prior to the date
 of enactment of the ,worker            
,flexibility and ,small ,business       
,protection ,act of #bjbj2  4  7#e7     
,presumption of retaliation ,section #h 
of the ,national ,labor ,relations ,act 
7#bi ,u4,s4,c4 #aeh7 is amended by      
adding at the end the following3  7h7   
,presumption of retaliation ,any action 
taken against an employee within #ij    
days of the employee taking any action  
described in subsection 7a77#d77;,a71   
including taking any such action with   
respect to exercising the right of the  
employee pursuant to subsection 7a77#f7 
to not be misclassified1 shall establish

 a rebuttable presumption that the      
action is discrimination against the    
employee in violation of subsection     
7a77#d74  4  7#f7 ,statutory employers  
in heavily misclassified industries     
7,a7 ,definition of employer ,section   
#b7b7 of the ,national ,labor ,relations
 ,act 7#bi ,u4,s4,c4 #aeb7b77 is amended
 to read as follows3  7#b7 ,employer    
7,a7 ,in general ,the term employer     
includes any person acting as an agent  
of an employer1 directly or indirectly1 
but shall not include the ,united       
,states or any wholly owned ,government 
corporation1 or any ,federal ,reserve   
,bank1 or any ,state or political       
subdivision thereof1 or any person      
subject to the ,railway ,labor ,act1 as 
amended from time to time1 or any labor 
organization 7other than when acting as 
an employer71 or anyone acting in the   
capacity of officer or agent of such    
labor organization4  7,b7 ,statutory    
employers in certain industries ,the    
term employer shall include any person  

7except a person described as excluded  
from the term under subparagraph 7,a771 
with respect to an individual described 
in paragraph 7#c77;,e7 performing labor 
that is beneficial to the person1 that  
is engaged in any of the following work3
  7i7 ,transportation1 including any    
person that benefits from labor         
performed by individuals in the form of 
transportation in a motorized or        
unmotorized vehicle1 by foot1 or by any 
other means1 including transportation   
network companies1 technology platform  
companies1 passenger transportation or  
food transportation companies1 and cargo
 transportation companies4  7ii7        
,network dispatching1 including any     
person that uses a digital network to   
connect individuals or entities seeking 
services or labor with individuals or   
entities seeking to provide services or 
labor1 but not including any person who 
owns1 controls or manages--  7,i7 a     
completely neutral physical or internet 
marketplace where the procurement of    

goods or services takes place between   
individuals who are completely          
independent from and free from any and  
all direction or control by the person  
owning1 controlling1 or managing the    
neutral marketplace1 including such     
person having absolutely no role in the 
setting of prices or rates1 in the      
assignment or referral of requests for  
goods or services to individuals who    
could potentially provide such goods or 
services1 and in the acceptance or      
rejection of any requests for goods or  
services2 and  7,,ii7 a labor           
organization hiring hall4  4  7,b7      
,definition of employee ,section #b7c7  
of the ,national ,labor ,relations ,act 
7#bi ,u4,s4,c4 #aeb7c771 as amended by  
paragraph 7#b71 is further amended by   
adding at the end the following3  7,e7  
,notwithstanding subparagraphs 7,a7     
7except the second sentence of such     
subparagraph7 and 7,b7 of this paragraph
 or paragraph 7#b7 7other than          
subparagraph 7,b7 of such paragraph71   

and except as provided in the second    
sentence of such subparagraph 7,a71 the 
term employee1 with respect to an       
employer described in paragraph         
7#b77;,b71 shall include any individual 
performing labor that is beneficial to  
the employer1 including--  7i7 with     
respect to transportation described in  
clause 7i7 of such paragraph1 any       
individual who performs any portion of  
the labor included under such clause1   
including individuals who perform labor 
in the form of engaging in              
transportation beneficial to            
transportation network companies1       
technology platform companies1 passenger
 transportation or food transportation  
companies1 or cargo transportation      
companies2 and  7ii7 with respect to    
network dispatching described in clause 
7ii7 of such paragraph1 any individual  
who performs any portion of the labor   
included under such clause1 including   
providing the services or labor         
described in such clause to the         

individuals or entities seeking such    
services or labor4  4  7#g7             
,misclassification enforcement through  
reclassification orders and stop work   
orders  7,a7 ,in general ,section #aj of
 the ,national ,labor ,relations ,act   
7#bi ,u4,s4,c4 #afj7 is amended by      
adding at the end the following3  7n7   
,misclassification enforcement through  
reclassification orders  7#a7 ,in       
general ,if a regional director1 after  
an investigation under section #aa1 has 
reasonable cause to believe that an     
employer has misclassified #a or more   
individuals who are employees of the    
employer as not employees in violation  
of section #h7;a77#f7 and that1         
regardless of whether a charge has been 
or will be filed1 if charged a complaint
 would issue--  7,a7 the regional       
director shall issue1 not later than #bd
 hours after making such determination1 
an order against the employer requiring 
the employer to immediately classify the
 #a or more individuals as employees of 

the employer2 and  7,b7 the employer    
shall immediately comply with the order 
issued under subparagraph 7,a7 or shall 
otherwise be in violation of section    
#h7;a77#f74  7#b7 ,orders ,an order     
issued under paragraph 7#a7 shall-- 7,a7
 be effective at the time at which the  
order is served upon the employer1 which
 may be accomplished by the posting of a
 copy of the order in a conspicuous     
location at the place of business of the
 employer2 and  7,b7 remain in effect   
during any review conducted under       
paragraph 7#c7 with respect to such     
order and during any hearing and appeal 
regarding such order under paragraph    
7#d74  7#c7 ,review for reconsideration 
7,a7 ,in general ,an employer against   
whom an order is issued under paragraph 
7#a7 may request a review for           
reconsideration with the ,general       
,counsel to contest the order4  7,b7    
,requests ,a request under subparagraph 
7,a7 shall be made in writing to the    
,general ,counsel not more than #e days 

after the issuance of the order4  7,c7  
,requirements for review  7i7 ,in       
general ,a review under this paragraph  
shall--  7,i7 commence not later than   
#bd hours after a request is made under 
subparagraph 7,b72 and  7,,ii7 conclude 
not later than #bd hours after such     
commencement4  7ii7 ,determination ,not 
later than #gb hours after a review     
concludes under clause 7i77,,ii71 the   
,general ,counsel shall determine       
whether to affirm1 modify1 or revoke the
 contested order4  7#d7 ,hearings and   
appeals ,any person aggrieved by a      
determination of the ,general ,counsel  
under paragraph 7#c77;,c77ii7 may--     
7,a7 request a hearing on the merits    
before an ,administrative ,law ,judge2  
7,b7 appeal the determination of an     
,administrative ,law ,judge under       
subparagraph 7,a7 to the ,board2 and    
7,c7 appeal an order of the ,board under
 subparagraph 7,b7 to any court of      
appeals of the ,united ,states in the   
circuit wherein the misclassification in

 question was alleged to have been      
engaged in or wherein such person       
resides or transacts business1 or to the
 ,united ,states ,court of ,appeals for 
the ,district of ,columbia4  7#e7       
,temporary relief or restraining order  
,the regional director issuing an order 
under paragraph 7#a7 may seek1 in any   
court described in paragraph 7#d77;,c7  
against an employer that violates an    
order issued under paragraph 7#a71      
temporary relief or a restraining order 
to bring the employer into compliance   
with such order issued under paragraph  
7#a74 ,a court shall issue such         
temporary relief or restraining order if
 the regional director has demonstrated 
it is just and proper4  7#f7            
,successfully disproving occurrence of  
misclassification  7,a7 ,in general ,if 
an employer with respect to whom an     
order was issued under paragraph 7#a7   
successfully proves through a review    
under paragraph 7#c71 or a subsequent   
hearing or appeals proceeding under     

paragraph 7#d71 that the #a or more     
individuals who were the subject of the 
order were not misclassified in         
violation of section #h7;a77#f7-- 7i7   
the order issued under paragraph 7#a7   
shall cease to be in effect2  7ii7 the  
employer shall not be liable for any    
applicable back pay1 damages1 or civil  
penalties owed by the employer under    
this ,act with respect to the           
misclassification of such #a or more    
individuals2 and  7iii7 the ,general    
,counsel1 the ,administrative ,law      
,judge1 the ,board1 or the court 7as    
applicable7 shall award 7and the        
,secretary of the ,treasury shall1 in   
accordance with subparagraph 7,b71 pay7 
to the employer reasonable fees and     
expenses of attorneys in the same manner
 as such fees and expenses could be     
awarded under section #bdab of title    
#bh1 ,united ,states ,code1 if the      
employer was a prevailing party and the 
review1 hearing1 or appeals proceeding  
was a civil action brought by or against

 the ,united ,states4  7,b7 ,source of  
funds ,the ,secretary of the ,treasury  
shall1 upon notification by the ,general
 ,counsel1 the ,administrative ,law     
,judge1 the ,board1 or the court1 as    
applicable1 pay any fees or expenses    
awarded under subparagraph 7,a77iii7    
from amounts in the general fund of the 
,treasury4  7o7 ,misclassification      
enforcement through stop work orders    
7#a7 ,in general ,in any case where a   
regional director has reasonable cause  
to believe that an employer has not     
complied with a reclassification order  
issued by a regional director under     
subsection 7n77#a71 with respect to #b  
or more individuals who are             
misclassified1 within #cj days of being 
served with the order1 the regional     
director shall issue--  7,a7 subject to 
subparagraph 7,b71 an order against the 
employer requiring the cessation of all 
business operations of such employer at 
the location of the violation2 or  7,b7 
if an order described in subparagraph   

7,a7 has been previously issued against 
the employer by any ,federal1 ,state1 or
 local agency for misclassifying an     
employee as not an employee in violation
 of section #h7;a77#f71 or an equivalent
 ,state or local law as determined by   
the ,general ,counsel1 an order against 
the employer requiring the cessation of 
all business operations of such employer
 at all business locations of the       
employer1 including locations other than
 the location where the                 
misclassification occurred4  7#b7       
,orders  7,a7 ,applicability ,an order  
issued under paragraph 7#a7 shall-- 7i7 
be effective at the time at which the   
order is served upon the employer1 which
 may be accomplished by the posting of a
 copy of the order in a conspicuous     
location at the place of business of the
 employer2 and  7ii7 remain in effect-- 
7,i7 during any review under paragraph  
7#c7 with respect to such order or      
hearing and appeal of such order under  
paragraph 7#d72 and  7,,ii7 until the   

regional director issues a release order
 under subparagraph 7,b74  7,b7 ,release
 orders  7i7 ,in general ,an order      
issued under paragraph 7#a7 7that is not
 revoked by the ,general ,counsel or the
 ,board or held unlawful or set aside by
 a court7 shall remain in effect until  
the regional director issues another    
order releasing the order issued under  
paragraph 7#a7 upon a finding by the    
regional director that the employer--   
7,i7 has corrected the violation of     
section #h7;a77#f7 with respect to the  
#b or more individuals who were         
misclassified resulting in the order2   
and  7,,ii7 has agreed to a payment     
schedule for all applicable back pay1   
damages1 and civil penalties owed by the
 employer under this ,act4  7ii7        
,reinstatement ,if1 at any time after   
the regional director issues a release  
order under clause 7i71 the employer    
fails to comply with the terms of the   
payment schedule described in clause    
7i77,,ii71 the regional director shall  

reinstate the order issued under        
paragraph 7#a7 until the employer is in 
compliance with such terms4  7#c7       
,review for reconsideration  7,a7 ,in   
general ,an employer against whom an    
order is issued under paragraph 7#a7 may
 request a review for reconsideration by
 the ,general ,counsel to contest the   
order4  7,b7 ,requests ,a request under 
subparagraph 7,a7 shall be made in      
writing to the ,general ,counsel not    
more than #e days after the issuance of 
the order4  7,c7 ,requirements for      
review  7i7 ,in general ,a review under 
this paragraph shall--  7,i7 commence   
not later than #bd hours after a request
 is made under subparagraph 7,b72 and   
7,,ii7 conclude not later than #bd hours
 after such commencement4  7ii7         
,determination ,not later than #gb hours
 after a review concludes under clause  
7i77,,ii71 the ,general ,counsel shall  
determine whether to affirm1 modify1 or 
revoke the contested order4  7#d7       
,hearings and appeals ,any person       

aggrieved by a determination of the     
,general ,counsel under paragraph       
7#c77;,c77ii7 may--  7,a7 request a     
hearing on the merits before an         
,administrative ,law ,judge2  7,b7      
appeal a determination by an            
,administrative ,law ,judge under       
subparagraph 7,a7 to the ,board2 and    
7,c7 appeal an order of the ,board under
 subparagraph 7,b7 to any court of      
appeals of the ,united ,states in the   
circuit wherein the misclassification in
 question was alleged to have been      
engaged in or wherein such person       
resides or transacts business1 or to the
 ,united ,states ,court of ,appeals for 
the ,district of ,columbia4  7#e7       
,temporary relief or restraining orders 
,the regional director may seek1 in any 
court described in paragraph 7#d77;,c7  
against an employer that violates an    
order issued under paragraph 7#a71      
temporary relief or a restraining order 
to bring the employer into compliance   
with such order4 ,a court shall issue   

such temporary relief or restraining    
order if the regional director has      
demonstrated it is just and proper4     
7#f7 ,compensation for lost work  7,a7  
,in general ,subject to subparagraph    
7,b71 an employer with respect to whom  
an order is issued under paragraph 7#a7 
shall pay each employee of the employer1
 who loses compensation due to the work 
of such employee ceasing as a result of 
such order1 the compensation that would 
be owed to such employee if the order   
was not issued4  7,b7 ,limitation       
,compensation paid under subparagraph   
7,a7 shall be for each day1 not to      
exceed #aj days1 for which the employee 
would be paid if the order described in 
such subparagraph were not in effect4   
7#g7 ,successfully disproving occurrence
 of misclassification  7,a7 ,in general 
,in any case where an employer with     
respect to whom an order was issued     
under paragraph 7#a7 successfully       
proves1 through a review under paragraph
 7#c7 or a subsequent hearing or appeals

 proceeding under paragraph 7#d71 that  
the #b or more individuals who were the 
subject of the order were not           
misclassified in violation of section   
#h7;a77#f7-- 7i7 the order issued under 
paragraph 7#a71 and any order issued    
against the employer under subsection   
7n77#a7 with respect to such #b or more 
individuals1 shall cease to be in       
effect2  7ii7 the employer shall not be 
liable for any applicable back pay1     
damages1 or civil penalties owed by the 
employer under this ,act with respect to
 the misclassification of such #b or    
more individuals2 and  7iii7 the        
,general ,counsel1 the ,administrative  
,law ,judge1 the ,board1 or the court1  
as applicable1 shall award 7and the     
,secretary of the ,treasury shall1 in   
accordance with subparagraph 7,b71 pay7 
to the employer--  7,i7 the amount equal
 to any demonstrable lost net profits   
resulting from the order1 as            
demonstrated by clear and convincing    
evidence2 and  7,,ii7 reasonable fees   

and expenses of attorneys in the same   
manner as such fees and expenses could  
be awarded under section #bdab of title 
#bh1 ,united ,states ,code1 if the      
employer was a prevailing party and the 
review1 hearing1 or appeals proceeding  
was a civil action brought by or against
 the ,united ,states4  7,b7 ,source of  
funds ,the ,secretary of the ,treasury  
shall1 upon notification by the ,general
 ,counsel1 the ,administrative ,law     
,judge1 the ,board1 or the court1 as    
applicable1 pay any amounts1 fees1 or   
expenses awarded under subparagraph     
7,a77iii7 from amounts available in the 
general fund of the ,treasury4  4  7,b7 
,penalties ,section #ab of the ,national
 ,labor ,relations ,act 7#bi ,u4,s4,c4  
#afb71 as amended by paragraph          
7#c77;,c71 is further amended by adding 
at the end the following3  7c7          
,penalties for violations of            
reclassification orders  7#a7 ,civil    
penalties ,any person who violates a    
reclassification order issued by a      

regional director under section         
#aj7n77#a7 shall be subject to a civil  
penalty of not less than #e1jjj per day1
 with each day constituting a separate  
offense4  7#b7 ,additional damages ,in  
any case where an employer contests a   
reclassification order issued by a      
regional director under paragraph 7#a7  
of section #aj7n7 in a review under     
paragraph 7#c7 of such section1 a       
hearing under paragraph 7#d77;,a7 of    
such section1 an appeal to the ,board   
under paragraph 7#d77;,b7 of such       
section1 and a subsequent judicial      
proceeding under paragraph 7#d77;,c7 of 
such section and a court rules in favor 
of the regional director--  7,a7 the    
court shall determine if1 during the    
period between the issuance of the order
 and the conclusion of the proceeding1  
the employer violated such order by not 
classifying the #a or more individuals  
as employees during that period2 and    
7,b7 if the court determines the        
employer so violated the order during   

that period--  7i7 the court shall      
determine the amount of net profits     
derived by the employer from the        
individuals' labor during that period2  
and  7ii7 the court shall assess damages
 in the amount determined under clause  
7i71 which damages shall be awarded to  
such individuals by the court4  4  7c7  
,occupational ,safety and ,health ,act  
of #aigj  7#a7 ,strengthening employee  
test ,section #c7f7 of the ,occupational
 ,safety and ,health ,act of #aigj 7#bi 
,u4,s4,c4 #feb7f77 is amended-- 7,a7 by 
striking ,the term and inserting 7,a7   
,the term2 and  7,b7 by adding at the   
end the following3  7,b7 7i7 ,for       
purposes of this ,act1 including any    
standard1 rule1 regulation1 or order    
promulgated pursuant to this ,act1      
except as provided in subparagraphs 7,c7
 and 7,e71 an individual performing any 
labor for remuneration for a person     
shall be an employee employed by such   
person and not an independent contractor
 of the person1 unless--  7,i7 the      

individual is free from control and     
direction in connection with the        
performance of the labor1 both under the
 contract for the performance of the    
labor and in fact2  7,,ii7 the labor is 
performed outside the usual course of   
the business of the person2 and  7,,iii7
 the individual is customarily engaged  
in an independently established trade1  
occupation1 profession1 or business of  
the same nature as that involved in the 
labor performed4  7ii7 ,clause 7i7 is   
not a codification of the common law and
 shall not be interpreted to reflect1 or
 to be limited or restricted by1 common 
law interpretations regarding when an   
individual is an employee of another    
person4 ,clause 7i7 shall be considered 
complete as written1 and any judicial or
 agency interpretation of such clause   
shall be limited to the explicit        
requirements of such clause4  7iii7 ,the
 requirements of clause 7i7 shall not be
 in any way affected by any agreement1  
written or otherwise1 that purports to  

demonstrate an individual's             
acknowledgment of or acquiescence to the
 absence of an employer-employee        
relationship with a particular employer4
  7,c7 7i7 ,notwithstanding any contrary
 provisions in this paragraph or        
paragraph 7#e71 in any instance in which
 there is a non-compete agreement       
between a person and an individual who  
performs labor for such person1 the     
presence of the non-compete agreement1  
without regard to the legality or       
enforceability of the non-compete       
agreement1 shall be evidence of control 
for purposes of subparagraph            
7,b77i77,i71 but shall not by itself    
establish an employment relationship    
between such person and the individual4 
7ii7 ,in this subparagraph1 the term    
non-compete agreement means an agreement
 between a person and an individual who 
performs labor for such person that     
restricts the individual from           
performing1 either during or after the  
individual performs labor for such      

person-- 7,i7 any labor for another     
person2  7,,ii7 any labor for a         
specified period of time2  7,,iii7 any  
labor in a specified geographical area2 
or  7,,iv7 any labor for another person 
that is similar to the labor such       
individual performed for the person that
 is a party to such agreement4  4  7#b7 
,presumption of employee status ,section
 #c7f7 of the ,occupational ,safety and 
,health ,act of #aigj 7#bi ,u4,s4,c4    
#feb7f771 as amended by paragraph 7#a71 
is further amended by adding at the end 
the following3  7,d7 ,for purposes of   
this ,act1 including any standard1 rule1
 regulation1 or order promulgated       
pursuant to this ,act1 an individual    
performing any labor for remuneration   
for a person shall be presumed to be an 
employee of the person1 unless the party
 seeking to assert otherwise establishes
 by clear and convincing evidence that  
the individual is not an employee in    
accordance with this paragraph4  4  7#c7
 ,misclassification as a standalone     

violation  7,a7 ,in general ,section    
#e7;a7 of the ,occupational ,safety and 
,health ,act of #aigj 7#bi ,u4,s4,c4    
#fed7;a77 is amended--  7i7 in paragraph
 7#b71 by striking the period at the end
 and inserting a semicolon2 and  7ii7 by
 adding at the end the following3  7#c7 
shall not misclassify an employee of the
 employer as not an employee of the     
employer for purposes of this ,act1     
including any standard1 rule1           
regulation1 or order promulgated        
pursuant to this ,act2 and  4  7,b7     
,incorporation to further violations    
,section #e7;a7 of the ,occupational    
,safety and ,health ,act of #aigj 7#bi  
,u4,s4,c4 #fed7;a771 as amended by      
subparagraph 7,a71 is further amended by
 adding at the end the following3  7#d7 
shall not1 for the purpose1 in whole or 
in part1 of facilitating1 or evading    
detection of1 a violation of this ,act1 
including a violation of paragraph 7#c7 
or any standard1 rule1 regulation1 or   
order promulgated pursuant to this      

,act-- 7,a7 incorporate or form1 or     
assist in the incorporation or formation
 of1 a corporation1 partnership1 limited
 liability corporation1 or other entity2
 or  7,b7 pay or collect a fee for use  
of a foreign or domestic corporation1   
partnership1 limited liability          
corporation1 or other entity4  4  7,c7  
,penalties ,section #ag of the          
,occupational ,safety and ,health ,act  
of #aigj 7#bi ,u4,s4,c4 #fff7 is        
amended--  7i7 by redesignating         
subsections 7j71 7k71 and 7l7 as        
subsections 7o71 7p71 and 7q71          
respectively2 and  7ii7 by inserting    
after subsection 7i7 the following3  7j7
 ,civil penalties for misclassification 
or incorporation ,to further violations 
7#a7 ,in general ,any person who        
violates paragraph 7#c7 or 7#d7 of      
section #e7;a7 shall be subject to a    
civil penalty of-- 7,a7 subject to      
subparagraphs 7,b7 and 7,c71 #aj1jjj2   
7,b7 if the violation is repeated or    
willful1 #cj1jjj2 or  7,c7 if the       

violation is widespread1 #a percent of  
the net profits of the person for the   
year in which the person had the highest
 net profits out of all years in which  
the person was in such violation4  7#b7 
,repeated1 or willful1 and widespread   
violations ,if a violation of paragraph 
7#c7 or 7#d7 of section #e7;a7 is       
repeated or willful1 as described in    
paragraph 7#a77;,b71 and is widespread1 
as described in paragraph 7#a77;,c71 the
 higher penalty of the penalties        
described in such paragraphs shall      
apply4  7#c7 ,payment of penalties ,any 
penalty assessed under paragraph 7#a7   
for a violation of paragraph 7#c7 or    
7#d7 of section #e7;a7 shall be paid    
from an account of the person in such   
violation and not paid1 or reimbursed1  
by any insurance plan that would        
indemnify the person from violations of 
such paragraph 7#c7 or 7#d71            
respectively4 ,if a person receives a   
payment from an insurance plan to       
indemnify the person from a violation of

 such paragraph1 the person shall       
transfer the payment to the ,secretary1 
in addition to the amount to be paid    
from the account of the person for the  
penalty4  4  7#d7 ,protection from      
retaliation for being an employee       
,section #aa7;c77#a7 of the             
,occupational ,safety and ,health ,act  
of #aigj 7#bi ,u4,s4,c4 #ffj7;c77#a77 is
 amended-- 7,a7 by striking because such
 employee and inserting 8because--  7,a7
 such employee2  2  7,b7 by striking    
afforded by this ,act4 and inserting    
afforded by this ,act2 or2 and  7,c7 by 
adding at the end the following3  7,b7  
such employee--  7i7 is required1       
pursuant to the enactment of the ,worker
 ,flexibility and ,small ,business      
,protection ,act of #bjbj1 to be        
classified as an employee of the person 
for purposes of this ,act1 including any
 standard1 rule1 regulation1 or order   
promulgated pursuant to this ,act1 and  
not an independent contractor2 and  7ii7
 was classified by the person as an     

independent contractor prior to the date
 of enactment of the ,worker            
,flexibility and ,small ,business       
,protection ,act of #bjbj4  4  7#e7     
,rules regarding unlawful discharge or  
discrimination ,section #aa7;c7 of the  
,occupational ,safety and ,health ,act  
of #aigj 7#bi ,u4,s4,c4 #ffj7;c77 is    
amended by adding at the end the        
following3  7#d7 ,presumption of        
retaliation ,any action taken by a      
person described in paragraph 7#a77;,a7 
against an employee within #ij days of  
the employee taking any action described
 in such paragraph1 including taking any
 such action with respect to exercising 
the right of the employee pursuant to   
section #e7;a77#c7 to not be            
misclassified1 shall establish a        
rebuttable presumption that the action  
is discrimination against the employee  
in violation of paragraph 7#a74  7#e7   
,motivating factor ,unlawful discharge  
or other discrimination against an      
employee under paragraph 7#a7 is        

established when the complaining party  
demonstrates that one of the actions or 
the classification described in such    
paragraph was a motivating factor for   
such discharge or other discrimination1 
even if such discharge or other         
discrimination was also motivated by    
other factors4  4  7#f7 ,statutory      
employers in heavily misclassified      
industries  7,a7 ,definition of employer
 ,section #c7e7 of the ,occupational    
,safety and ,health ,act of #aigj 7#bi  
,u4,s4,c4 #feb7e77 is amended to read as
 follows3  7#e7 ,employer  7,a7 ,in     
general ,the term employer means a      
person engaged in a business affecting  
commerce who has employees4  7,b7       
,exclusion ,the term employer does not  
include the ,united ,states 7not        
including the ,united ,states ,postal   
,service7 or any ,state or political    
subdivision of a ,state4  7,c7          
,statutory employers in certain         
industries ,the term employer shall     
include any person 7except as provided  

in subparagraph 7,b771 with respect to  
an individual described in paragraph    
7#f77;,e7 performing labor that is      
beneficial to the person1 that is       
engaged in any of the following work3   
7i7 ,transportation1 including any      
person that benefits from labor         
performed by individuals in the form of 
transportation in a motorized or        
unmotorized vehicle1 by foot1 or by any 
other means1 including transportation   
network companies1 technology platform  
companies1 passenger transportation or  
food transportation companies1 and cargo
 transportation companies4  7ii7        
,network dispatching1 including any     
person that uses a digital network to   
connect individuals or entities seeking 
services or labor with individuals or   
entities seeking to provide services or 
labor1 but not including any person who 
owns1 controls1 or manages-- 7,i7 a     
completely neutral physical or internet 
marketplace where the procurement of    
goods or services takes place between   

individuals who are completely          
independent from and free from any and  
all direction or control by the person  
owning1 controlling1 or managing the    
neutral marketplace1 including such     
person having absolutely no role in the 
setting of prices or rates1 in the      
assignment or referral of requests for  
goods or services to individuals who    
could potentially provide such goods or 
services1 and in the acceptance or      
rejection of any requests for goods or  
services2 and  7,,ii7 a labor           
organization hiring hall4  4  7,b7      
,definition of employee ,section #c7f7  
of the ,occupational ,safety and ,health
 ,act of #aigj 7#bi ,u4,s4,c4 #feb7f771 
as amended by paragraph 7#b71 is further
 amended by adding at the end the       
following3  7,e7 ,notwithstanding       
subparagraphs 7,a7 and 7,b7 of this     
paragraph or paragraph 7#e7 7other than 
subparagraph 7,c7 of such paragraph71   
the term employee1 with respect to an   
employer described in paragraph         

7#e77;,c71 shall include any individual 
performing labor that is beneficial to  
the employer1 including-- 7i7 with      
respect to transportation described in  
clause 7i7 of such paragraph1 any       
individual who performs any portion of  
the labor included under such clause1   
including individuals who perform labor 
in the form of engaging in              
transportation beneficial to            
transportation network companies1       
technology platform companies1 passenger
 transportation or food transportation  
companies1 or cargo transportation      
companies2 and  7ii7 with respect to    
network dispatching described in clause 
7ii7 of such paragraph1 any individual  
who performs any portion of the labor   
included under such clause1 including   
providing the services or labor         
described in such clause to the         
individuals or entities seeking such    
services or labor4  4  7#g7             
,misclassification enforcement through  
reclassification orders and stop work   

orders  7,a7 ,in general ,the           
,occupational ,safety and ,health ,act  
of #aigj 7#bi ,u4,s4,c4 #fea et seq47 is
 amended by inserting after section #ac 
7#bi ,u4,s4,c4 #ffb7 the following3     
#ac;,a4 ,misclassification enforcement  
through reclassification orders and stop
 work orders  7a7 ,reclassification     
orders  7#a7 ,in general ,if the        
,secretary determines1 after an         
investigation under section #h1 that an 
employer has misclassified #a or more   
individuals who are employees of the    
employer as not employees in violation  
of section #e7;a77#c7-- 7,a7 the        
,secretary shall issue1 not later than  
#bd hours after making such             
determination1 an order against the     
employer requiring the employer to      
immediately classify the #a or more     
individuals as employees of the         
employer2 and  7,b7 the employer shall  
immediately comply with the order issued
 under subparagraph 7,a7 or shall       
otherwise be in violation of section    

#e7;a77#c74  7#b7 ,orders ,an order     
issued under paragraph 7#a7 shall--     
7,a7 be effective at the time at which  
the order is served upon the employer1  
which may be accomplished by the posting
 of a copy of the order in a conspicuous
 location at the place of business of   
the employer2 and  7,b7 remain in effect
 during any review conducted under      
paragraph 7#c7 with respect to such     
order and during any hearing and appeal 
of such order under paragraph 7#d74     
7#c7 ,review for reconsideration  7,a7  
,in general ,an employer against whom an
 order is issued under paragraph 7#a7   
may request a review by the ,secretary  
to contest the order4  7,b7 ,requests ,a
 request under subparagraph 7,a7 shall  
be made in writing to the ,secretary not
 more than #e days after the issuance of
 the order4  7,c7 ,requirements for     
review  7i7 ,in general ,a review under 
this paragraph shall-- 7,i7 commence not
 later than #bd hours after a request is
 made under subparagraph 7,b72 and      

7,,ii7 conclude not later than #bd hours
 after such commencement4  7ii7         
,determination ,not later than #gb hours
 after a review concludes under clause  
7i77,,ii71 the ,secretary shall         
determine whether to affirm1 modify1 or 
revoke the contested order4  7#d7       
,hearings and appeals ,any person       
aggrieved by a determination of the     
,secretary under paragraph 7#c77;,c77ii7
 may-- 7,a7 request a hearing to appeal 
such determination to an administrative 
law judge2 and  7,b7 appeal an order of 
an administrative law judge under       
subparagraph 7,a7 to any ,united ,states
 court of appeals for the circuit in    
which the violation is alleged to have  
occurred or where the employer has its  
principal office1 or in the ,court of   
,appeals for the ,district of ,columbia 
,circuit4  7#e7 ,appropriate relief ,the
 ,secretary may seek appropriate relief1
 in a court described in paragraph      
7#d77;,b71 to restrain any employer that
 violates an order issued under         

paragraph 7#a74 ,a court shall issue    
such appropriate relief if the          
,secretary has demonstrated it is just  
and proper4  7#f7 ,successfully         
disproving occurrence of                
misclassification  7,a7 ,in general ,if 
an employer with respect to whom an     
order was issued under paragraph 7#a7   
successfully proves through a review    
under paragraph 7#c71 or a hearing or   
appeal under paragraph 7#d71 that the #a
 or more individuals who were the       
subject of the order were not           
misclassified in violation of section   
#e7;a77#c7-- 7i7 the order issued under 
paragraph 7#a7 shall cease to be in     
effect2  7ii7 the employer shall not be 
liable for any applicable back pay1     
damages1 or civil penalties owed by the 
employer under this ,act 7including any 
standard1 rule1 regulation1 or order    
promulgated pursuant to this ,act7 with 
respect to the misclassification of such
 #a or more individuals2 and  7iii7 the 
,secretary1 administrative law judge1 or

 the court1 as applicable1 shall award  
7and the ,secretary of ,labor shall1 in 
accordance with subparagraph 7,b71 pay7 
to the employer reasonable fees and     
expenses of attorneys in the same manner
 as such fees and expenses could be     
awarded under section #bdab of title    
#bh1 ,united ,states ,code1 if the      
employer was a prevailing party and the 
review1 hearing1 or appeals proceeding  
was a civil action brought by or against
 the ,united ,states4  7,b7 ,source of  
funds ,the ,secretary of the ,treasury  
shall1 upon notification by the         
,secretary of ,labor1 administrative law
 judge1 or a court1 as applicable1 pay  
any fees or expenses awarded under      
subparagraph 7,a77iii7 from amounts in  
the general fund of the ,treasury4  7b7 
,stop work orders  7#a7 ,in general ,in 
any case where an employer does not     
comply with a reclassification order    
issued by the ,secretary under          
subsection 7a77#a71 with respect to #b  
or more individuals who are             

misclassified1 within #cj days of being 
served with the order1 the ,secretary   
shall issue--  7,a7 subject to          
subparagraph 7,b71 an order against the 
employer requiring the cessation of all 
business operations of such employer at 
the location of the violation2 or  7,b7 
if an order described in subparagraph   
7,a7 has been previously issued against 
the employer by any ,federal1 ,state1 or
 local agency for misclassifying an     
employee as not an employee in violation
 of section #e7;a77#c71 or an equivalent
 ,state or local law as determined by   
the ,secretary1 an order against the    
employer requiring the cessation of all 
business operations of such employer at 
all business locations of the employer1 
including locations other than the      
location where the misclassification    
occurred4  7#b7 ,orders  7,a7           
,applicability ,an order issued under   
paragraph 7#a7 shall-- 7i7 be effective 
at the time at which the order is served
 upon the employer1 which may be        

accomplished by the posting of a copy of
 the order in a conspicuous location at 
the place of business of the employer2  
and  7ii7 remain in effect-- 7,i7 during
 any review conducted under paragraph   
7#c7 with respect to such order and any 
hearing and appeal of such order under  
paragraph 7#d72 and  7,,ii7 until the   
,secretary issues a release order under 
subparagraph 7,b74  7,b7 ,release orders
  7i7 ,in general ,an order issued under
 paragraph 7#a7 7that is not revoked by 
the ,secretary or held unlawful or set  
aside by an administrative law judge or 
a court7 shall remain in effect until   
the ,secretary issues another order     
releasing the order issued under such   
paragraph upon a finding by the         
,secretary that the employer--  7,i7 has
 corrected the violation of section     
#e7;a77#c7 with respect to the #b or    
more individuals who were misclassified 
resulting in the order2 and  7,,ii7 has 
agreed to a payment schedule for all    
applicable back pay1 damages1 and civil 

penalties owed by the employer under    
this ,act1 including any standard1 rule1
 regulation1 or order promulgated       
pursuant to this ,act4  7ii7            
,reinstatement ,if1 at any time after   
the ,secretary issues a release order   
under subparagraph 7,a71 the employer   
fails to comply with the terms of the   
payment schedule described in clause    
7i77,,ii71 the ,secretary shall         
reinstate the order issued under        
paragraph 7#a7 until the employer is in 
compliance with such terms4  7#c7       
,review for reconsideration  7,a7 ,in   
general ,an employer against whom an    
order is issued under paragraph 7#a7 may
 request a review by the ,secretary to  
contest the order4  7,b7 ,requests ,a   
request under subparagraph 7,a7 shall be
 made in writing to the ,secretary not  
more than #e days after the issuance of 
the order4  7,c7 ,requirements for      
review  7i7 ,in general ,a review under 
this paragraph shall--  7,i7 commence   
not later than #bd hours after a request

 is made under subparagraph 7,b72 and   
7,,ii7 conclude not later than #bd hours
 after such commencement4  7ii7         
,determination ,not later than #gb hours
 after a review concludes under clause  
7i77,,ii71 the ,secretary shall         
determine whether to affirm1 modify1 or 
revoke the contested order4  7#d7       
,hearings and appeals ,any person       
aggrieved by a determination of the     
,secretary under paragraph 7#c77;,c77ii7
 may--  7,a7 request a hearing to appeal
 such determination to an administrative
 law judge2 and  7,b7 appeal an order of
 an administrative law judge under      
subparagraph 7,a7 to any ,united ,states
 court of appeals for the circuit in    
which the violation is alleged to have  
occurred or where the employer has its  
principal office1 or in the ,court of   
,appeals for the ,district of ,columbia 
,circuit4  7#e7 ,appropriate relief ,the
 ,secretary may seek appropriate relief1
 in a court described in paragraph      
7#d77;,b71 to restrain any employer that

 violates an order issued under         
paragraph 7#a74 ,a court shall issue    
such appropriate relief if the          
,secretary has demonstrated it is just  
and proper4  7#f7 ,compensation for lost
 work  7,a7 ,in general ,subject to     
subparagraph 7,b71 an employer with     
respect to whom an order is issued under
 paragraph 7#a7 shall pay each employee 
of the employer1 who loses compensation 
due to the work of such employee ceasing
 as a result of such order1 the         
compensation that would be owed to such 
employee if the order was not issued4   
7,b7 ,limitation ,compensation paid     
under subparagraph 7,a7 shall be for    
each day1 not to exceed #aj days1 for   
which the employee would be paid if the 
order described in such paragraph were  
not in effect4  7#g7 ,successfully      
disproving occurrence of                
misclassification  7,a7 ,in general ,in 
any case where an employer with respect 
to whom an order was issued under       
paragraph 7#a7 successfully proves1     

through a review under paragraph 7#c7 or
 a subsequent hearing or appeals        
proceeding under paragraph 7#d71 that   
the #b or more individuals who were the 
subject of the order were not           
misclassified in violation of section   
#e7;a77#c7--  7i7 the order issued under
 paragraph 7#a71 and any order issued   
against the employer under subsection   
7a77#a7 with respect to such #b or more 
individuals1 shall cease to be in       
effect2  7ii7 the employer shall not be 
liable for any applicable back pay1     
damages1 or civil penalties owed by the 
employer under this ,act 7including any 
standard1 rule1 regulation1 or order    
promulgated pursuant to this ,act7 with 
respect to the misclassification of such
 #b or more individuals2 and  7iii7 the 
,secretary of ,labor1 administrative law
 judge1 or the court1 shall award 7and  
the ,secretary of the ,treasury shall1  
in accordance with subparagraph 7,b71   
pay7 to the employer-- 7,i7 an amount   
equal to any demonstrable lost net      

profits resulting from the order1 as    
demonstrated by clear and convincing    
evidence2 and  7,,ii7 reasonable fees   
and expenses of attorneys in the same   
manner as such fees and expenses could  
be awarded under section #bdab of title 
#bh1 ,united ,states ,code1 if the      
employer was a prevailing party and the 
review1 hearing1 or appeals proceeding  
was a civil action brought by or against
 the ,united ,states4  7,b7 ,source of  
funds ,the ,secretary of the ,treasury  
shall1 upon notification by the         
,secretary of ,labor1 administrative law
 judge1 or court1 as applicable1 pay any
 amounts1 fees1 or expenses awarded     
under subparagraph 7,a77iii7 from       
amounts available in the general fund of
 the ,treasury4  4  7,b7 ,penalties     
,section #ag of the ,occupational       
,safety and ,health ,act of #aigj 7#bi  
,u4,s4,c4 #fff71 as amended by paragraph
 7#c77;,c71 is further amended by       
inserting after subsection 7j7 the      
following3  7k7 ,penalties for          

violations of reclassification orders   
7#a7 ,civil penalties ,any person who   
violates a reclassification order issued
 by the ,secretary under section        
#ac;,a7a77#a7 shall be subject to a     
civil penalty of not less than #e1jjj   
per day1 with each day constituting a   
separate offense4  7#b7 ,additional     
damages ,in any case where an employer  
contests a reclassification order issued
 by the ,secretary under paragraph 7#a7 
of section #ac;,a7a7 in a review under  
paragraph 7#c7 of such section1 hearing 
under paragraph 7#d77;,a7 of such       
section1 and subsequent judicial        
proceeding under paragraph 7#d77;,b7 of 
such section and a court rules in favor 
of the ,secretary-- 7,a7 the court shall
 determine if1 during the period between
 the issuance of the order and the      
conclusion of the proceeding1 the       
employer violated such order by not     
classifying the #a or more individuals  
as employees during that period2 and    
7,b7 if the court determines the        

employer so violated the order during   
that period-- 7i7 the court shall       
determine the amount of net profits     
derived by the employer from the        
individuals' labor during that period2  
and  7ii7 the court shall assess damages
 in the amount determined under clause  
7i71 which damages shall be awarded to  
such individuals by the court4  4  7d7  
,federal ,mine ,safety and ,health ,act 
of #aigg  7#a7 ,strengthening employee  
test ,the ,federal ,mine ,safety and    
,health ,act of #aigg 7#cj ,u4,s4,c4    
#hja et seq47 is amended by inserting   
after section #d 7#cj ,u4,s4,c4 #hjc7   
the following3  #d;,a4 ,employee test   
7a7 ,in general ,for purposes of this   
,act1 including any mandatory health or 
safety standard1 rule1 order1 or        
regulation promulgated pursuant to this 
,act1 and except as provided in         
subsection 7c71 an individual performing
 any labor in a coal or other mine for  
remuneration for a person shall be an   
employee employed by such person and not

 an independent contractor of the       
person1 unless-- 7#a7 the individual is 
free from control and direction in      
connection with the performance of the  
labor1 both under the contract for the  
performance of the labor and in fact2   
7#b7 the labor is performed outside the 
usual course of the business of the     
person2 and  7#c7 the individual is     
customarily engaged in an independently 
established trade1 occupation1          
profession1 or business of the same     
nature as that involved in the labor    
performed4  7b7 ,clarifications  7#a7   
,relationship with common law           
,subsection 7a7 is not a codification of
 the common law and shall not be        
interpreted to reflect1 or to be limited
 or restricted by1 common law           
interpretations regarding when an       
individual is an employee of another    
person4 ,subsection 7a7 shall be        
considered complete as written1 and any 
judicial or agency interpretation of    
such subsection shall be limited to the 

explicit requirements of such           
subsection4  7#b7 ,impact of written or 
other agreements ,the requirements of   
subsection 7a7 shall not be in any way  
affected by any agreement1 written or   
otherwise1 that purports to demonstrate 
an individual's acknowledgment of or    
acquiescence to the absence of an       
employer-employee relationship with a   
particular employer4  7c7 ,non-,compete 
agreements  7#a7 ,in general            
,notwithstanding any contrary provisions
 in this ,act1 in any instance in which 
there is a non-compete agreement between
 a person and an individual who performs
 labor for such person1 the presence of 
the non-compete agreement1 without      
regard to the legality or enforceability
 of the non-compete agreement1 shall be 
evidence of control for purposes of     
subsection 7a77#a71 but shall not by    
itself establish an employment          
relationship between such person and the
 individual4  7#b7 ,definition of       
non-compete agreement ,in this          

subsection1 the term non-compete        
agreement means an agreement between a  
person and an individual who performs   
labor for such person that restricts the
 individual from performing1 either     
during or after the individual performs 
labor for such person--  7,a7 any labor 
for another person2  7,b7 any labor for 
a specified period of time2  7,c7 any   
labor in a specified geographical area2 
or  7,d7 any labor for another person   
that is similar to the labor such       
individual performed for the person that
 is a party to such agreement4  4  7#b7 
,presumption of employee status ,section
 #d;,a of the ,federal ,mine ,safety and
 ,health ,act of #aigg1 as added by     
paragraph 7#a71 is further amended by   
adding at the end the following3  7d7   
,presumption of employee status ,for    
purposes of this ,act1 including any    
mandatory health or safety standard1    
rule1 order1 or regulation promulgated  
pursuant to this ,act1 an individual    
performing any labor in a coal or other 

mine for remuneration for a person shall
 be presumed to be an employee of the   
person1 unless the party seeking to     
assert otherwise establishes by clear   
and convincing evidence that the        
individual is not an employee in        
accordance with this section4  4  7#c7  
,misclassification as a standalone      
violation  7,a7 ,in general ,title ,i of
 the ,federal ,mine ,safety and ,health 
,act of #aigg 7#cj ,u4,s4,c4 #haa et    
seq47 is amended by adding at the end   
the following3  #aag4                   
,misclassification2 incorporation to    
further violations  7a7 ,in general ,no 
operator of a coal or other mine shall  
misclassify an employee of the operator 
performing labor in a coal or other mine
 for the operator as not an employee of 
the person for purposes of this ,act1   
including any mandatory health or safety
 standard1 rule1 order1 or regulation   
promulgated pursuant to this ,act4  4   
7,b7 ,incorporation to further          
violations ,section #aag of the ,federal

 ,mine ,safety and ,health ,act of      
#aigg1 as added by subparagraph 7,a71 is
 amended by adding at the end the       
following3  7b7 ,incorporation ,to      
further violations ,no person shall1 for
 the purpose1 in whole or in part1 of   
facilitating1 or evading detection of1 a
 violation of this ,act1 including a    
violation of subsection 7a7 or any      
mandatory health or safety standard1    
rule1 order1 or regulation promulgated  
pursuant to this ,act--  7#a7           
incorporate or form1 or assist in the   
incorporation or formation of1 a        
corporation1 partnership1 limited       
liability corporation1 or other entity2 
or  7#b7 pay or collect a fee for use of
 a foreign or domestic corporation1     
partnership1 limited liability          
corporation1 or other entity4  4  7,c7  
,penalties ,section #aaj of the ,federal
 ,mine ,safety and ,health ,act of #aigg
 7#cj ,u4,s4,c4 #hbj7 is amended-- 7i7  
by redesignating subsections 7i7 through
 7l7 as subsections 7l7 through 7o71    

respectively2 and  7ii7 by inserting    
after subsection 7h7 the following3  7i7
 ,penalties for misclassification and   
incorporation ,to further violations    
7#a7 ,in general ,any operator of a coal
 or other mine who violates section #aag
 shall be subject to a civil penalty    
of--  7,a7 subject to subparagraphs 7,b7
 and 7,c71 #aj1jjj2  7,b7 if the        
violation is repeated or willful1       
#cj1jjj2 or  7,c7 if the violation is   
widespread1 #a percent of the net       
profits of the operator for the year in 
which the operator had the highest net  
profits out of all years in which the   
operator was in such violation4  7#b7   
,repeated1 or willful1 and widespread   
violations ,if a violation of section   
#aag is repeated or willful1 as         
described in paragraph 7#a77;,b71 and is
 widespread1 as described in paragraph  
7#a77;,c71 the higher penalty of the    
penalties described in such paragraphs  
shall apply4  7#c7 ,payment of penalties
 ,any penalty assessed under paragraph  

7#a7 for a violation of section #aag    
shall be paid from an account of the    
operator in such violation and not paid1
 or reimbursed1 by any insurance plan   
that would indemnify the operator from  
violations of such section4 ,if an      
operator of a coal or other mine        
receives a payment from an insurance    
plan to indemnify the person from a     
violation of such section1 the operator 
shall transfer the payment to the       
,secretary1 in addition to the amount to
 be paid from the account of the        
operator for the penalty4  4  7#d7      
,protection from retaliation for being  
an employee ,section #aje7;c77#a7 of the
 ,federal ,mine ,safety and ,health ,act
 of #aigg 7#cj ,u4,s4,c4 #hae7;c77#a77  
is amended--  7,a7 by striking ,no      
person and inserting 7,a7 ,no person2   
and  7,b7 by adding at the end the      
following3  7,b7 ,no person shall       
discharge or in any manner discriminate 
against or cause to be discharged or    
cause discrimination against or         

otherwise interfere with the exercise of
 the statutory rights of any miner1 or  
representative of miners1 in any coal or
 other mine subject to this ,act1       
because such miner-- 7i7 is required    
pursuant to the enactment of the ,worker
 ,flexibility and ,small ,business      
,protection ,act of #bjbj to be         
classified as an employee of the person 
for purposes of this ,act1 including any
 mandatory health or safety standard1   
rule1 order1 or regulation promulgated  
pursuant to this ,act1 and not as an    
independent contractor2 and  7ii7 was   
classified by the person as an          
independent contractor prior to the date
 of enactment of the ,worker            
,flexibility and ,small ,business       
,protection ,act of #bjbj4  4  7#e7     
,rules regarding unlawful discharge or  
discrimination ,section #aje7;c7 of the 
,federal ,mine ,safety and ,health ,act 
of #aigg 7#cj ,u4,s4,c4 #hae7;c77 is    
amended by adding at the end the        
following3  7#d7 ,presumption of        

retaliation ,any action taken by a      
person described in paragraph 7#a77;,a7 
against any miner1 representative of    
miners1 or applicant for employment in  
any coal or other mine subject to this  
,act1 within #ij days of the miner1     
representative1 or applicant taking any 
action described in such paragraph1     
including taking any such action with   
respect to exercising the right of an   
employee pursuant to section #aag7;a7 to
 not be misclassified1 shall establish a
 rebuttable presumption that the action 
is discrimination against the miner1    
representative1 or applicant in         
violation of paragraph 7#a74  7#e7      
,motivating factor ,unlawful discharge  
or discrimination under paragraph 7#a7  
against a miner1 representative of      
miners1 or applicant for employment in  
any coal or other mine subject to this  
,act is established when the complaining
 party demonstrates that one of the     
actions or the classification described 
in such paragraph was a motivating      

factor for such discharge or            
discrimination1 even if such discharge  
or discrimination was also motivated by 
other factors4  4  7#f7                 
,misclassification enforcement through  
reclassification orders and stop work   
orders  7,a7 ,in general ,the ,federal  
,mine ,safety and ,health ,act of #aigg 
7#cj ,u4,s4,c4 #hja et seq47 is amended 
by inserting after section #ajh 7#cj    
,u4,s4,c4 #hah7 the following3  #ajh;,a4
 ,misclassification enforcement through 
reclassification orders and stop work   
orders  7a7 ,reclassification orders    
7#a7 ,in general ,if the ,secretary     
determines1 after an investigation under
 section #ajc1 that an operator of a    
coal or other mine has misclassified #a 
or more individuals who are employees   
performing labor for the operator in a  
coal or other mine as not employees in  
violation of section #aag7;a7--  7,a7   
the ,secretary shall issue1 not later   
than #bd hours after making such        
determination1 an order against the     

operator requiring the operator to      
immediately classify the #a or more     
individuals as employees of the         
operator2 and  7,b7 the operator shall  
immediately comply with the order issued
 under subparagraph 7,a7 or otherwise be
 in violation of section #aag7;a74  7#b7
 ,orders ,an order issued under         
paragraph 7#a7 shall-- 7,a7 be effective
 at the time at which the order is      
served upon the operator1 which may be  
accomplished by the posting of a copy of
 the order in a conspicuous location at 
the place of business of the operator2  
and  7,b7 remain in effect during any   
review conducted under paragraph 7#c7   
and during any hearing and appeal of    
such order under paragraph 7#d74  7#c7  
,review for reconsideration  7,a7 ,in   
general ,an operator against whom an    
order is issued under paragraph 7#a7 may
 request a review by the ,secretary to  
contest the order4  7,b7 ,requests ,a   
request under subparagraph 7,a7 shall be
 made in writing to the ,secretary not  

more than #e days after the issuance of 
the order4  7,c7 ,requirements for      
review  7i7 ,in general ,a review under 
this paragraph shall--  7,i7 commence   
not later than #bd hours after a request
 is made under subparagraph 7,b72 and   
7,,ii7 conclude not later than #bd hours
 after such commencement4  7ii7         
,determination ,not later than #gb hours
 after a review concludes under clause  
7i77,,ii71 the ,secretary shall         
determine whether to affirm1 modify1 or 
revoke the contested order4  7#d7       
,hearings and appeals ,any person       
aggrieved by a determination of the     
,secretary under paragraph 7#c77;,c77ii7
 may--  7,a7 request a hearing to appeal
 such determination to an administrative
 law judge2 and  7,b7 appeal an order of
 an administrative law judge under      
subparagraph 7,a7 to the ,united ,states
 ,court of ,appeals for the ,district of
 ,columbia ,circuit or the circuit      
wherein such person resides or has their
 principal place of business4  7#e7     

,relief ,the ,secretary may seek1 in a  
court 7including circuit7 described in  
paragraph 7#d77;,b71 relief through a   
civil action under section #ajh7;a7     
against any operator of a coal or other 
mine that violates an order issued under
 paragraph 7#a74 ,a court shall issue   
such relief if the ,secretary has       
demonstrated it is just and proper4     
7#f7 ,successfully disproving occurrence
 of misclassification  7,a7 ,in general 
,if an operator with respect to whom an 
order was issued under paragraph 7#a7   
successfully proves through a review    
under paragraph 7#c71 or a hearing or   
appeal proceeding under paragraph 7#d71 
that the #a or more individuals who were
 the subject of the order were not      
misclassified in violation of section   
#aag7;a7--  7i7 the order issued under  
paragraph 7#a7 shall cease to be in     
effect2  7ii7 the operator shall not be 
liable for any applicable back pay1     
damages1 or civil penalties owed by the 
operator under this ,act 7including any 

mandatory health or safety standard1    
rule1 order1 or regulation promulgated  
pursuant to this ,act7 with respect to  
the misclassification of such #a or more
 individuals2 and  7iii7 the ,secretary 
of ,labor1 administrative law judge1 or 
the court1 as applicable1 shall award   
7and the ,secretary of the ,treasury    
shall1 in accordance with subparagraph  
7,b71 pay7 to the operator reasonable   
fees and expenses of attorneys in the   
same manner as such fees and expenses   
could be awarded under section #bdab of 
title #bh1 ,united ,states ,code1 if the
 operator was a prevailing party and the
 review1 hearing1 or appeals proceeding 
was a civil action brought by or against
 the ,united ,states4  7,b7 ,source of  
funds ,the ,secretary of the ,treasury  
shall1 upon notification by the         
,secretary of ,labor1 administrative law
 judge1 or court1 as applicable1 pay any
 fees or expenses awarded under         
subparagraph 7,a77iii7 from amounts in  
the general fund of the ,treasury4  7b7 

,stop work orders  7#a7 ,in general ,in 
any case where an operator of a coal or 
other mine does not comply with a       
reclassification order issued by the    
,secretary under subsection 7a77#a71    
with respect to #b or more individuals  
who are misclassified in violation of   
section #aag7;a71 within #cj days of    
being served the order1 the ,secretary  
shall issue-- 7,a7 subject to           
subparagraph 7,b71 an order against the 
operator requiring the cessation of all 
business operations of such operator at 
the location of the violation2 or  7,b7 
if an order described in subparagraph   
7,a7 has been previously issued against 
the operator by any ,federal1 ,state1 or
 local agency for misclassifying an     
employee performing labor for the       
operator in a coal or other mine as not 
an employee in violation of section     
#aag7;a71 or an equivalent ,state or    
local law as determined by the          
,secretary1 an order against the        
operator requiring the cessation of all 

business operations of such operator at 
all business locations of the operator1 
including locations other than the      
location where the misclassification    
occurred4  7#b7 ,orders  7,a7           
,applicability ,an order issued under   
paragraph 7#a7 shall--  7i7 be effective
 at the time at which the order is      
served upon the operator1 which may be  
accomplished by the posting of a copy of
 the order in a conspicuous location at 
the place of business of the operator2  
and  7ii7 remain in effect--  7,i7      
during any review conducted under       
paragraph 7#c7 with respect to such     
order and during any hearing and appeal 
of such order under paragraph 7#d72 and 
7,,ii7 until the ,secretary issues a    
release order under subparagraph 7,b74  
7,b7 ,release orders  7i7 ,in general   
,an order issued under paragraph 7#a7   
7that is not revoked by the ,secretary  
or held unlawful or set aside by an     
administrative law judge or a court7    
shall remain in effect until the        

,secretary issues another order         
releasing the order issued under such   
paragraph upon a finding by the         
,secretary that the operator-- 7,i7 has 
corrected the violation of section      
#aag7;a7 with respect to the #b or more 
individuals who were misclassified      
resulting in the order2 and  7,,ii7 has 
agreed to a payment schedule for all    
applicable back pay1 damages1 and civil 
penalties owed by the operator under    
this ,act1 including any mandatory      
health or safety standard1 rule1 order1 
or regulation promulgated pursuant to   
this ,act4  7ii7 ,reinstatement ,if1 at 
any time after the ,secretary issues a  
release order under paragraph 7#a71 the 
operator fails to comply with the terms 
of the payment schedule described in    
clause 7i77,,ii71 the ,secretary shall  
reinstate the order issued under        
paragraph 7#a7 until the operator is in 
compliance with such terms4  7#c7       
,review for reconsideration  7,a7 ,in   
general ,an operator of a coal or other 

mine against whom an order is issued    
under paragraph 7#a7 may request a      
review by the ,secretary to contest the 
order4  7,b7 ,requests ,a request under 
subparagraph 7,a7 shall be made in      
writing to the ,secretary not more than 
#e days after the issuance of the order4
  7,c7 ,requirements for review  7i7 ,in
 general ,a review under this paragraph 
shall-- 7,i7 commence not later than #bd
 hours after a request is made under    
subparagraph 7,b72 and  7,,ii7 conclude 
not later than #bd hours after such     
commencement4  7ii7 ,determination ,not 
later than #gb hours after a review     
concludes under clause 7i77,,ii71 the   
,secretary shall determine whether to   
affirm1 modify1 or revoke the contested 
order4  7#d7 ,hearing and appeals ,any  
person aggrieved by a determination of  
the ,secretary under paragraph          
7#c77;,c77ii7 may-- 7,a7 appeal such    
determination to an administrative law  
judge2 and  7,b7 appeal an order of an  
administrative law judge under          

subparagraph 7,a7 to the ,united ,states
 ,court of ,appeals for the ,district of
 ,columbia ,circuit or the circuit      
wherein such person resides or has their
 principal place of business4  7#e7     
,relief ,the ,secretary may seek1 in any
 court 7including circuit7 described in 
paragraph 7#d77;,b71 relief through a   
civil action under section #ajh7;a7     
against any operator of a coal or other 
mine that violates an order issued under
 paragraph 7#a74 ,a court shall issue   
such relief if the ,secretary has       
demonstrated it is just and proper4     
7#f7 ,compensation for lost work  7,a7  
,in general ,subject to subparagraph    
7,b71 an operator of a coal or other    
mine with respect to whom an order is   
issued under paragraph 7#a7 shall pay   
each miner who loses compensation due to
 the work of such miner ceasing as a    
result of such order1 the compensation  
that would be owed to such miner if the 
order was not issued4  7,b7 ,limitation 
,compensation paid under subparagraph   

7,a7 shall be for each day1 not to      
exceed #aj days1 for which the miner    
would be paid if the order described in 
such paragraph were not in effect4  7#g7
 ,successfully disproving occurrence of 
misclassification  7,a7 ,in general ,in 
any case where an operator of a coal or 
other mine with respect to whom an order
 was issued under paragraph 7#a7        
successfully proves through a review    
under paragraph 7#c71 or a subsequent   
hearing or appeals proceeding under     
paragraph 7#d71 that the #b or more     
individuals who were the subject of the 
order were not misclassified in         
violation of section #aag7;a7-- 7i7 the 
order issued under paragraph 7#a71 and  
any order issued against the operator   
under subsection 7a77#a7 with respect to
 such #b or more individuals1 shall     
cease to be in effect2  7ii7 the        
operator shall not be liable for any    
applicable back pay1 damages1 or civil  
penalties owed by the operator under    
this ,act 7including any mandatory      

health or safety standard1 rule1 order1 
or regulation promulgated pursuant to   
this ,act7 with respect to the          
misclassification of such #b or more    
individuals2 and  7iii7 the ,secretary  
of ,labor1 administrative law judge1 or 
court shall award 7and the ,secretary of
 the ,treasury1 shall in accordance with
 subparagraph 7,b71 pay7 to the         
operator--  7,i7 an amount equal to any 
demonstrable lost net profits resulting 
from the order1 as demonstrated by clear
 and convincing evidence2 and  7,,ii7   
reasonable attorney fees and expenses of
 attorneys in the same manner as such   
fees and expenses could be awarded under
 section #bdab of title #bh1 ,united    
,states ,code1 if the operator was a    
prevailing party and the review1        
hearing1 or appeals proceeding was a    
civil action brought by or against the  
,united ,states4  7,b7 ,source of funds 
,the ,secretary of the ,treasury shall1 
upon notification by the ,secretary of  
,labor1 administrative law judge1 or    

court1 as applicable1 pay any amounts1  
fees1 or expenses awarded under         
subparagraph 7,a77iii7 from amounts     
available in the general fund of the    
,treasury4  4  7,b7 ,penalties ,section 
#aaj of the ,federal ,mine ,safety and  
,health ,act of #aigg 7#cj ,u4,s4,c4    
#hbj71 as amended by paragraph          
7#c77;,c71 is further amended by        
inserting after subsection 7i71 as so   
redesignated1 the following3  7j7       
,penalties for violating                
reclassification orders  7#a7 ,civil    
penalties ,any operator of a coal or    
other mine who violates a               
reclassification order issued by the    
,secretary under section #ajh;,a7a77#a7 
shall be subject to a civil penalty of  
not less than #e1jjj per day1 with each 
day constituting a separate offense4    
7#b7 ,additional damages ,in any case in
 which an operator of a coal or other   
mine contests a reclassification order  
issued under paragraph 7#a7 of section  
#ajh;,a7a7 in a review under paragraph  

7#c7 of such section1 a hearing under   
paragraph 7#d77;,a7 of such section1 and
 a subsequent judicial proceeding under 
paragraph 7#d77;,b7 of such section1 and
 the court rules in favor of the        
,secretary--  7,a7 the court shall      
determine if1 during the period between 
the issuance of such order and the      
conclusion of the proceeding1 the       
operator violated such order by not     
classifying the #a or more individuals  
as employees during that period2 and    
7,b7 if the court determines the        
operator so violated the order during   
that period--  7i7 the court shall      
determine the amount of the net profits 
derived by the operator from the        
individuals' labor during that period2  
and  7ii7 the court shall assess damages
 in the amount determined under clause  
7i71 which damages shall be awarded to  
such individuals by the court4  4  7e7  
,migrant and ,seasonal ,agricultural    
,worker ,protection ,act  7#a7          
,strengthening employee test ,the       

,migrant and ,seasonal ,agricultural    
,worker ,protection ,act 7#bi ,u4,s4,c4 
#ahja et seq47 is amended-- 7,a7 by     
redesignating section #d 7#bi ,u4,s4,c4 
#ahjc7 as section #e2 and  7,b7 by      
inserting after section #c 7#bi         
,u4,s4,c4 #ahjb7 the following3  #d4    
,employee test  7a7 ,in general ,for    
purposes of this ,act1 including any    
regulation under this ,act and except as
 provided in subsection 7c71 an         
individual performing any service or    
activity described in section #c7c71    
including the handling1 planting1       
drying1 packing1 packaging1 processing1 
freezing1 or grading described in such  
section1 for remuneration for a person  
shall be an employee employed in        
agricultural employment by such person  
and not an independent contractor of the
 person1 unless--  7#a7 the individual  
is free from control and direction in   
connection with the performance of the  
service or activity1 both under the     
contract for the performance of the     

service or activity and in fact2  7#b7  
the service or activity is performed    
outside the usual course of the business
 of the person2 and  7#c7 the individual
 is customarily engaged in an           
independently established trade1        
occupation1 profession1 or business of  
the same nature as that involved in the 
service or activity performed4  7b7     
,clarification  7#a7 ,relationship with 
common law ,subsection 7a7 is not a     
codification of the common law and shall
 not be interpreted to reflect1 or to be
 limited or restricted by1 common law   
interpretations regarding when an       
individual is an employee of another    
person4 ,subsection 7a7 shall be        
considered complete as written1 and any 
judicial or agency interpretation of    
such subsection shall be limited to the 
explicit requirements of such           
subsection4  7#b7 ,impact of written or 
other agreements ,the requirements of   
subsection 7a7 shall not be in any way  
affected by any agreement1 written or   

otherwise1 that purports to demonstrate 
an individual's acknowledgment of or    
acquiescence to the absence of an       
employer-employee relationship with a   
particular employer4  7c7 ,non-,compete 
agreements  7#a7 ,in general            
,notwithstanding any contrary provisions
 in this ,act1 in any instance in which 
there is a non-compete agreement between
 a person and an individual who performs
 labor for such person1 the presence of 
the non-compete agreement1 without      
regard to the legality or enforceability
 of the non-compete agreement1 shall be 
evidence of control for purposes of     
subsection 7a77#a71 but shall not by    
itself establish an employment          
relationship between such person and the
 individual4  7#b7 ,definition of       
non-compete agreement ,in this          
subsection1 the term non-compete        
agreement means an agreement between a  
person and an individual who performs   
labor for such person that restricts the
 individual from performing1 either     

during or after the individual performs 
labor for such person-- 7,a7 any labor  
for another person2  7,b7 any labor for 
a specified period of time2  7,c7 any   
labor in a specified geographical area2 
or  7,d7 any labor for another person   
that is similar to the labor such       
individual performed for the person that
 is a party to such agreement4  4  7#b7 
,presumption of employee status ,section
 #d of the ,migrant and ,seasonal       
,agricultural ,worker ,protection ,act1 
as amended by paragraph 7#a71 is further
 amended by adding at the end the       
following3  7d7 ,presumption of employee
 status ,for purposes of this ,act1     
including any regulation under this     
,act1 an individual performing any      
service or activity described in section
 #c7c71 including the handling1         
planting1 drying1 packing1 packaging1   
processing1 freezing1 or grading        
described in such section1 for          
remuneration for a person shall be      
presumed to be an employee employed in  

agricultural employment of the person1  
unless the party seeking to assert      
otherwise establishes by clear and      
convincing evidence that the individual 
is not such an employee in accordance   
with this section4  4  7#c7             
,misclassification as a standalone      
violation  7,a7 ,in general ,title ,,iv 
of the ,migrant and ,seasonal           
,agricultural ,worker ,protection ,act  
7#bi ,u4,s4,c4 #ahda et seq47 is amended
 by adding at the end the following3    
#dje4 ,misclassification2 incorporation 
to further violations  7a7 ,in general  
,no agricultural employer1 agricultural 
association1 or farm labor contractor   
shall misclassify a migrant agricultural
 worker or seasonal agricultural worker 
employed as an employee by the employer1
 association1 or contractor as not a    
migrant agricultural worker or seasonal 
agricultural worker employed as an      
employee by the employer1 association1  
or contractor for purposes of this ,act1
 including any regulation under this    

,act4  4  7,b7 ,incorporation to further
 violations ,section #dje of the        
,migrant and ,seasonal ,agricultural    
,worker ,protection ,act1 as added by   
subparagraph 7,a71 is amended by adding 
at the end the following3  7b7          
,incorporation ,to further violations   
,no person shall1 for the purpose1 in   
whole or in part1 of facilitating1 or   
evading detection of1 a violation of    
this ,act1 including a violation of     
subsection 7a7 or any regulation under  
this ,act-- 7#a7 incorporate or form1 or
 assist in the incorporation or         
formation of1 a corporation1            
partnership1 limited liability          
corporation1 or other entity2 or  7#b7  
pay or collect a fee for use of a       
foreign or domestic corporation1        
partnership1 limited liability          
corporation1 or other entity4  4  7,c7  
,penalties ,section #ejc7;a7 of the     
,migrant and ,seasonal ,agricultural    
,worker ,protection ,act 7#bi ,u4,s4,c4 
#ahec7;a77 is amended--  7i7 in         

paragraph 7#a71 by striking paragraph   
7#b7 and inserting paragraphs 7#b71     
7#c71 7#d71 and 7#e72 and  7ii7 by      
adding at the end the following3  7#c7  
,penalties for misclassification and    
incorporation to further violations     
7,a7 ,in general ,any person who        
violates section #dje shall be subject  
to a civil penalty of-- 7i7 subject to  
clauses 7ii7 and 7iii71 #aj1jjj2  7ii7  
if the violation is repeated or willful1
 #cj1jjj2 or  7iii7 if the violation is 
widespread1 #a percent of the net       
profits of the person for the year in   
which the person had the highest net    
profits out of all years in which the   
person was in such violation4  7,b7     
,repeated1 or willful1 and widespread   
violations ,if a violation of section   
#dje is repeated or willful1 as         
described in subparagraph 7,a77ii71 and 
is widespread1 as described in          
subparagraph 7,a77iii71 the higher      
penalty of the penalties described in   
such subparagraphs shall apply4  7,c7   

,payment of penalties ,any penalty      
assessed under subparagraph 7,a7 for a  
violation of section #dje shall be paid 
from an account of the person in such   
violation and not paid1 or reimbursed1  
by any insurance plan that would        
indemnify the person from violations of 
such section4 ,if a person receives a   
payment from an insurance plan to       
indemnify the person from a violation of
 such section1 the person shall transfer
 the payment to the ,secretary1 in      
addition to the amount to be paid from  
the account of the person for the       
penalty4  4  7#d7 ,protection from      
retaliation for being an employee ,part 
,a of title ,v of the ,migrant and      
,seasonal ,agricultural ,worker         
,protection ,act 7#bi ,u4,s4,c4 #ahea et
 seq47 is amended-- 7,a7 by             
redesignating sections #eje and #ejf    
7#bi ,u4,s4,c4 #ahee and #ahef7 as      
sections #ejf and #ejg1 respectively2   
and  7,b7 in section #ejf7;a7 7#bi      
,u4,s4,c4 #ahee7;a771 as so             

redesignated-- 7i7 by striking ,no      
person and inserting 7#a7 ,no person2   
and  7ii7 by adding at the end the      
following3  7#b7 ,no person shall       
intimidate1 threaten1 restrain1 coerce1 
blacklist1 discharge1 or in any manner  
discriminate against any migrant        
agricultural worker or seasonal         
agricultural worker because such        
worker--  7,a7 is required to be        
classified as employed in agricultural  
employment by the person for purposes of
 this ,act1 including any regulation    
under this ,act1 and not as an          
independent contractor2 and  7,b7 was   
classified by the person as an          
independent contractor prior to the date
 of enactment of the ,worker            
,flexibility and ,small ,business       
,protection ,act of #bjbj4  4  7#e7     
,rules regarding unlawful discharge or  
discrimination ,section #ejf of the     
,migrant and ,seasonal ,agricultural    
,worker ,protection ,act 7#bi ,u4,s4,c4 
#ahee71 as so redesignated1 is amended  

by adding at the end the following3  7c7
 ,rules regarding unlawful discharge or 
discrimination  7#a7 ,presumption of    
retaliation ,any action taken by a      
person described in subsection 7a77#a7  
against any migrant agricultural worker 
or seasonal agricultural worker within  
#ij days of the worker taking any action
 described in such subsection1 including
 taking any such action with respect to 
exercising the right pursuant to section
 #dje7;a7 to not be misclassified1 shall
 establish a rebuttable presumption that
 the action is discrimination against   
the worker in violation of subsection   
7a74  7#b7 ,motivating factor ,unlawful 
discrimination1 including by            
intimidation1 threat1 restraint1        
coercion1 blacklisting1 or discharge as 
described in subsection 7a71 against a  
migrant agricultural worker or seasonal 
agricultural worker under such          
subsection1 is established when the     
complaining party demonstrates that one 
or more actions or the classification   

described in such subsection was a      
motivating factor for such              
discrimination1 even if such            
discrimination was also motivated by    
other factors4  4  7#f7                 
,misclassification enforcement through  
reclassification orders and stop work   
orders  7,a7 ,in general ,part ,a of    
title ,v of the ,migrant and ,seasonal  
,agricultural ,worker ,protection ,act  
7#bi ,u4,s4,c4 #ahea et seq471 as       
amended by paragraph 7#e71 is further   
amended by adding at the end the        
following3  #ejh4 ,misclassification    
enforcement through reclassification    
orders and stop work orders  7a7        
,reclassification orders  7#a7 ,in      
general ,if the ,secretary determines1  
after an investigation under section    
#eab1 that an agricultural employer1    
agricultural association1 or farm labor 
contractor has misclassified #a or more 
individuals who are migrant agricultural
 workers or seasonal agricultural       
workers employed by the employer1       

association1 or contractor as not such  
workers employed by such employer1      
association1 or contractor in violation 
of section #dje7;a7-- 7,a7 the          
,secretary shall issue1 not later than  
#bd hours after making such             
determination1 an order against the     
employer1 association1 or contractor    
requiring the employer1 association1 or 
contractor to immediately classify the  
#a or more individuals as employed by   
the employer1 association1 or           
contractor2 and  7,b7 the employer1     
association1 or contractor shall        
immediately comply with the order issued
 under subparagraph 7,a7 or shall       
otherwise be in violation of section    
#dje7;a74  7#b7 ,orders ,an order issued
 under paragraph 7#a7 shall--  7,a7 be  
effective at the time at which the order
 is served upon the employer1           
association1 or contractor1 which may be
 accomplished by the posting of a copy  
of the order in a conspicuous location  
at the place of business of the         

employer1 association1 or contractor2   
and  7,b7 remain in effect during any   
review under paragraph 7#c7 with respect
 to such order and during any hearing   
and appeal of such order under paragraph
 7#d74  7#c7 ,review for reconsideration
  7,a7 ,in general ,an agricultural     
employer1 agricultural association1 or  
farm labor contractor against whom an   
order is issued under paragraph 7#a7 may
 request a review by the ,secretary to  
contest the order4  7,b7 ,requests ,a   
request under subparagraph 7,a7 shall be
 made in writing to the ,secretary not  
more than #e days after the issuance of 
the order4  7,c7 ,requirements for      
review  7i7 ,in general ,a review under 
this paragraph shall-- 7,i7 commence not
 later than #bd hours after a request is
 made under subparagraph 7,b72 and      
7,,ii7 conclude not later than #bd hours
 after such commencement4  7ii7         
,determination ,not later than #gb hours
 after a review concludes under clause  
7i77,,ii71 the ,secretary shall         

determine whether to affirm1 modify1 or 
revoke the contested order4  7#d7       
,hearings and appeals ,any person       
aggrieved by a determination of the     
,secretary under paragraph 7#c77;,c77ii7
 may-- 7,a7 request a hearing to appeal 
such determination to an administrative 
law judge2 and  7,b7 appeal an order of 
an administrative law judge under       
subparagraph 7,a7 to the ,united ,states
 district court for any district in     
which the person is located or the      
,united ,states ,district ,court for the
 ,district of ,columbia4  7#e7          
,temporary or permanent injunctive      
relief ,the ,secretary may petition any 
court described in paragraph 7#d77;,b7  
for temporary or permanent injunctive   
relief under section #ejb7;a7 against   
any agricultural employer1 agricultural 
association1 or farm labor contractor   
that violates an order issued under     
paragraph 7#a74 ,a court shall issue    
such temporary or permanent injunctive  
relief if the ,secretary has            

demonstrated it is just and proper4     
7#f7 ,successfully disproving occurrence
 of misclassification  7,a7 ,in general 
,if an agricultural employer1           
agricultural association1 or farm labor 
contractor with respect to whom an order
 was issued under paragraph 7#a7        
successfully proves through a review    
under paragraph 7#c71 or a subsequent   
hearing or appeals proceeding under     
paragraph 7#d71 that the #a or more     
individuals who were the subject of the 
order were not misclassified in         
violation of section #dje7;a7-- 7i7 the 
order issued under paragraph 7#a7 shall 
cease to be in effect2  7ii7 the        
employer1 association1 or contractor    
shall not be liable for any applicable  
back pay1 damages1 or civil penalties   
owed by the employer1 association1 or   
contractor under this ,act 7including   
any regulation under this ,act7 with    
respect to the misclassification of such
 #a or more individuals2 and  7iii7 the 
,secretary of ,labor1 administrative law

 judge1 or court1 as applicable1 shall  
award 7and the ,secretary of the        
,treasury shall1 in accordance with     
subparagraph 7,b71 pay7 to the employer1
 association1 or contractor reasonable  
fees and expenses of attorneys in the   
same manner as such fees and expenses   
could be awarded under section #bdab of 
title #bh1 ,united ,states ,code1 if the
 employer1 association1 or contractor   
was a prevailing party and the review1  
hearing1 or appeals proceeding was a    
civil action brought against the ,united
 ,states4  7,b7 ,source of funds ,the   
,secretary of the ,treasury shall1 upon 
notification by the ,secretary of       
,labor1 administrative law judge1 or    
court1 as applicable1 pay any fees or   
expenses awarded under subparagraph     
7,a77iii7 from amounts in the general   
fund of the ,treasury4  7b7 ,stop work  
orders  7#a7 ,in general ,in any case   
where an agricultural employer1         
agricultural association1 or farm labor 
contractor does not comply with a       

reclassification order issued by the    
,secretary under subsection 7a77#a71    
with respect to #b or more individuals  
who are misclassified in violation of   
section #dje7;a71 the ,secretary shall  
issue--  7,a7 subject to subparagraph   
7,b71 an order against the employer1    
association1 or contractor requiring the
 cessation of all business operations of
 such employer1 association1 or         
contractor at the location of the       
violation2 or  7,b7 if an order         
described in subparagraph 7,a7 has been 
previously issued against the employer1 
association1 or contractor by any       
,federal1 ,state1 or local agency for   
misclassifying an individual who is a   
migrant agricultural worker or seasonal 
agricultural worker employed as an      
employee by the employer1 association1  
or contractor as not such an employee in
 violation of section #dje7;a71 or an   
equivalent ,state or local law as       
determined by the ,secretary1 an order  
against the employer1 association1 or   

contractor requiring the cessation of   
all business operations of such         
employer1 association1 or contractor at 
all business locations of the employer1 
association1 or contractor1 including   
locations other than the location where 
the misclassification occurred4  7#b7   
,orders  7,a7 ,applicability ,an order  
issued under paragraph 7#a7 shall-- 7i7 
be effective at the time at which the   
order is served upon the employer1      
association1 or contractor1 which may be
 accomplished by the posting of a copy  
of the order in a conspicuous location  
at the place of business of the         
employer1 association1 or contractor2   
and  7ii7 remain in effect-- 7,i7 during
 any review conducted under paragraph   
7#c7 with respect to such order and     
during any hearing and appeal of such   
order under paragraph 7#d72 and  7,,ii7 
until the ,secretary issues a release   
order under subparagraph 7,b74  7,b7    
,release orders  7i7 ,in general ,an    
order issued under paragraph 7#a7 7that 

is not revoked by the ,secretary or held
 unlawful or set aside by an            
administrative law judge or a court7    
shall remain in effect until the        
,secretary issues another order         
releasing the order issued under such   
paragraph upon a finding by the         
,secretary that the employer1           
association1 or contractor--  7,i7 has  
corrected the violation of section      
#dje7;a7 with respect to the #b or more 
individuals who were misclassified      
resulting in the order2 and  7,,ii7 has 
agreed to a payment schedule for all    
applicable back pay1 damages1 and civil 
penalties owed by the employer1         
association1 or contractor under this   
,act1 including any regulation under    
this ,act4  7ii7 ,reinstatement ,if1 at 
any time after the ,secretary issues a  
release order under clause 7i71 the     
employer1 association1 or contractor    
fails to comply with the terms of the   
payment schedule described in clause    
7i77,,ii71 the ,secretary shall         

reinstate the order issued under        
paragraph 7#a7 until the employer1      
association1 or contractor is in        
compliance with such terms4  7#c7       
,review for reconsideration  7,a7 ,in   
general ,an agricultural employer1      
agricultural association1 or farm labor 
contractor against whom an order is     
issued under paragraph 7#a7 may request 
a review by the ,secretary to contest   
the order4  7,b7 ,requests ,a request   
under subparagraph 7,a7 shall be made in
 writing to the ,secretary not more than
 #e days after the issuance of the      
order4  7,c7 ,requirements for review   
7i7 ,in general ,a review under this    
paragraph shall--  7,i7 commence not    
later than #bd hours after a request is 
made under subparagraph 7,b72 and       
7,,ii7 conclude not later than #bd hours
 after such commencement4  7ii7         
,determination ,not later than #gb hours
 after a review concludes under clause  
7i77,,ii71 the ,secretary shall         
determine whether to affirm1 modify1 or 

revoke the contested order4  7#d7       
,appeals ,any person aggrieved by a     
determination of the ,secretary under   
paragraph 7#c77;,c77ii7 may--  7,a7     
appeal such determination to an         
administrative law judge2 and  7,b7     
appeal an order of an administrative law
 judge under subparagraph 7,a7 to the   
,united ,states district court for any  
district in which the person is located 
or the ,united ,states ,district ,court 
for the ,district of ,columbia4  7#e7   
,temporary or permanent injunctive      
relief ,the ,secretary may petition a   
court described in paragraph 7#d77;,b7  
for temporary or permanent injunctive   
relief under section #ejb7;a7 against   
any agricultural employer1 agricultural 
association1 or farm labor contractor   
that violates an order issued under     
paragraph 7#a74 ,a court shall issue    
such temporary or permanent injunctive  
relief if the ,secretary has            
demonstrated it is just and proper4     
7#f7 ,compensation for lost work  7,a7  

,in general ,subject to subparagraph    
7,b71 an agricultural employer1         
agricultural association1 or farm labor 
contractor with respect to whom an order
 is issued under paragraph 7#a7 shall   
pay each migrant agricultural worker or 
seasonal agricultural worker employed by
 the employer1 association1 or          
contractor1 who loses compensation due  
to the work of such worker ceasing as a 
result of such order1 the compensation  
that would be owed to such worker if the
 order was not issued4  7,b7 ,limitation
 ,compensation paid under subparagraph  
7,a7 shall be for each day1 not to      
exceed #aj days1 for which the migrant  
agricultural worker or seasonal         
agricultural worker would be paid if the
 order described in such subparagraph   
were not in effect4  7#g7 ,successfully 
disproving occurrence of                
misclassification  7,a7 ,in general ,in 
any case where an agricultural employer1
 agricultural association1 or farm labor
 contractor with respect to whom an     

order was issued under paragraph 7#a7   
successfully proves through a review    
under paragraph 7#c7 or a subsequent    
hearing or appeals proceeding under     
paragraph 7#d7 that the #b or more      
individuals who were the subject of the 
order were not misclassified in         
violation of section #dje7;a7--  7i7 the
 order issued under paragraph 7#a71 and 
any order issued against the employer1  
association1 or contractor under        
subsection 7a77#a71 with respect to such
 #b or more individuals1 shall cease to 
be in effect2  7ii7 the employer1       
association1 or contractor shall not be 
liable for any applicable back pay1     
damages1 or civil penalties owed by the 
employer1 association1 or contractor    
under this ,act 7including any          
regulation under this ,act7 with respect
 to the misclassification of such #b or 
more individuals2 and  7iii7 the        
,secretary of ,labor1 administrative law
 judge1 or court shall award 7and the   
,secretary of the ,treasury shall1 in   

accordance with subparagraph 7,b71 pay7 
to the employer1 association1 or        
contractor-- 7,i7 an amount equal to any
 demonstrable lost net profits resulting
 from the order1 as demonstrated by     
clear and convincing evidence2 and      
7,,ii7 reasonable fees and expenses of  
attorneys in the same manner as such    
fees and expenses could be awarded under
 section #bdab of title #bh1 ,united    
,states ,code1 if the employer1         
association1 or contractor was a        
prevailing party and the review1        
hearing1 or appeals proceeding was a    
civil action brought by or against the  
,united ,states4  7,b7 ,source of funds 
,the ,secretary of the ,treasury shall1 
upon notification by the ,secretary of  
,labor1 administrative law judge1 or a  
court1 as applicable1 pay any amounts1  
fees1 or expenses awarded under         
subparagraph 7,a77iii7 from amounts     
available in the general fund of the    
,treasury4  4  7,b7 ,penalties ,section 
#ejc7;a7 of the ,migrant and ,seasonal  

,agricultural ,worker ,protection ,act  
7#bi ,u4,s4,c4 #ahec7;a771 as amended by
 paragraph 7#c77;,c71 is further amended
 by adding at the end the following3    
7#d7 ,penalties for violating           
reclassification orders  7,a7 ,civil    
penalties ,any person who violates a    
reclassification order issued by the    
,secretary under section #ejh7;a77#a7   
shall be subject to a civil penalty of  
not less than #e1jjj per day1 with each 
day constituting a separate offense4    
7,b7 ,additional damages ,in any case in
 which an agricultural employer1        
agricultural association1 or farm labor 
contractor contests a reclassification  
order issued under paragraph 7#a7 of    
section #ejh7;a7 in a review under      
paragraph 7#c7 of such section1 a       
hearing under paragraph 7#d77;,a7 of    
such section1 and a subsequent judicial 
proceeding under paragraph 7#d77;,b7 of 
such section1 and the court in such     
proceeding rules in favor of the        
,secretary-- 7i7 the court shall        

determine if1 during the period between 
the issuance of such order and the      
conclusion of the proceeding1 the       
employer1 association1 or contractor    
violated such order by not classifying  
the #a or more individuals as employees 
employed by the employer1 association1  
or contractor during that period2 and   
7ii7 if the court determines the        
employer1 association1 or contractor so 
violated the order during that period-- 
7,i7 the court shall determine the      
amount of net profits derived by the    
employer1 association1 or contractor    
from the individuals' labor during that 
period2 and  7,,ii7 the court shall     
assess damages in the amount determined 
under subclause 7,i71 which damages     
shall be awarded to such individuals by 
the court4  4  7f7 ,davis-,bacon ,act   
7#a7 ,strengthening employee test       
,subchapter ,,iv of chapter #ca of title
 #dj1 ,united ,states ,code1 is amended 
by inserting after section #cada the    
following3  #cada;a4 ,employee test  7a7

 ,in general ,for purposes of this      
subchapter and except as provided in    
subsection 7c71 a laborer or mechanic   
performing any labor under a contract or
 subcontract to which this subchapter   
applies shall be an employee employed by
 the contractor or subcontractor of the 
contract or subcontract and not an      
independent contractor1 unless-- 7#a7   
the laborer or mechanic is free from    
control and direction in connection with
 the performance of the labor1 both     
under the contract or subcontract for   
the performance of the labor and in     
fact2  7#b7 the labor is performed      
outside the usual course of the business
 of such contractor or subcontractor2   
and  7#c7 the laborer or mechanic is    
customarily engaged in an independently 
established trade1 occupation1          
profession1 or business of the same     
nature as that involved in the labor    
performed4  7b7 ,clarifications  7#a7   
,relationship with common law           
,subsection 7a7 is not a codification of

 the common law and shall not be        
interpreted to reflect1 or to be limited
 or restricted by1 common law           
interpretations regarding when an       
individual is an employee of another    
person4 ,subsection 7a7 shall be        
considered complete as written1 and any 
judicial or agency interpretation of    
such subsection shall be limited to the 
explicit requirements of such           
subsection4  7#b7 ,impact of written or 
other agreements ,the requirements of   
subsection 7a7 shall not be in any way  
affected by any agreement1 written or   
otherwise1 that purports to demonstrate 
an individual's acknowledgment of or    
acquiescence to the absence of an       
employer-employee relationship with a   
particular employer4  7c7 ,non-,compete 
agreements  7#a7 ,in general            
,notwithstanding any contrary provisions
 in this subchapter1 in any instance in 
which there is a non-compete agreement  
between a person and an individual who  
performs labor for such person1 the     

presence of the non-compete agreement1  
without regard to the legality or       
enforceability of the non-compete       
agreement1 shall be evidence of control 
for purposes of subsection 7a77#a71 but 
shall not by itself establish an        
employment relationship between such    
person and the individual4  7#b7        
,definition of non-compete agreement ,in
 this subsection1 the term non-compete  
agreement means an agreement between a  
person and an individual who performs   
labor for such person that restricts the
 individual from performing1 either     
during or after the individual performs 
labor for such person--  7,a7 any labor 
for another person2  7,b7 any labor for 
a specified period of time2  7,c7 any   
labor in a specified geographical area2 
or  7,d7 any labor for another person   
that is similar to the labor such       
individual performed for the person that
 is a party to such agreement4  4  7#b7 
,presumption of employee status ,section
 #cada;a of title #dj1 ,united ,states  

,code1 as added by paragraph 7#a71 is   
amended by adding at the end the        
following3  7d7 ,presumption of employee
 status ,for purposes of this           
subchapter1 a laborer or mechanic       
performing any labor under a contract or
 subcontract to which this subchapter   
applies shall be an employee employed by
 the contractor or subcontractor of the 
contract or subcontract and not an      
independent contractor1 unless the party
 seeking to assert otherwise establishes
 by clear and convincing evidence that  
the laborer or mechanic is not such an  
employee in accordance with this        
section4  4  7#c7 ,misclassification as 
a standalone violation2 incorporation to
 further violations ,subchapter ,,iv of 
chapter #ca of title #dj1 ,united       
,states ,code1 is amended by inserting  
after section #cadd1 the following3     
#cadd;a4 ,prohibitions against          
misclassification1 incorporation to     
further violations1 and retaliation2    
reclassification orders and stop work   

orders  7a7 ,misclassification ,no      
contractor or subcontractor of a        
contract or subcontract to which this   
subchapter applies shall misclassify a  
laborer or mechanic1 who is an employee 
of the contractor or subcontractor and  
is performing any labor under the       
contract or subcontract1 as not an      
employee of the contractor or           
subcontractor for purposes of this      
subchapter4  7b7 ,incorporation ,to     
further violations ,no contractor or    
subcontractor1 for the purpose1 in whole
 or in part1 of facilitating1 or evading
 detection of1 a violation of this      
subchapter1 including a violation of    
subsection 7a71 shall-- 7#a7 incorporate
 or form1 or assist in the incorporation
 or formation of1 a corporation1        
partnership1 limited liability          
corporation1 or other entity2 or  7#b7  
pay or collect a fee for use of a       
foreign or domestic corporation1        
partnership1 limited liability          
corporation1 or other entity4  4  7#d7  

,protection from retaliation for being  
an employee2 presumption of retaliation 
,section #cadd;a of title #dj1 ,united  
,states ,code1 added by paragraph 7#c71 
is amended by adding at the end the     
following3  7c7 ,retaliation  7#a7 ,in  
general ,a contractor or subcontractor  
of a contract or subcontract to which   
this subchapter applies shall not       
discharge or in any other manner        
discriminate against a laborer or       
mechanic who is employed by the         
contractor or subcontractor and is      
performing any labor under the contract 
or subcontract1 because-- 7,a7 such     
laborer or mechanic has filed any       
complaint or instituted or caused to be 
instituted any proceeding under or      
related to this subchapter1 or has      
testified or is about to testify in any 
such proceeding1 or has served or is    
about to serve on an industry committee2
 or  7,b7 such laborer or mechanic-- 7i7
 is required1 pursuant to the enactment 
of the ,worker ,flexibility and ,small  

,business ,protection ,act of #bjbj1 to 
be classified as an employee of the     
contractor or subcontractor for purposes
 of this subchapter and not an          
independent contractor2 and  7ii7 was   
classified by the contractor or         
subcontractor as an independent         
contractor prior to the date of         
enactment of the ,worker ,flexibility   
and ,small ,business ,protection ,act of
 #bjbj4  7#b7 ,rules regarding unlawful 
discharge or discrimination  7,a7       
,presumption of retaliation ,any action 
taken by a contractor or subcontractor  
of a contract or subcontract to which   
this subchapter applies against a       
laborer or mechanic who is employed by  
the contractor or subcontractor1 and is 
performing any labor under the contract 
or subcontract1 within #ij days of the  
laborer or mechanic taking any action   
described in paragraph 7#a77;,a71       
including taking any such action with   
respect to exercising the right of the  
laborer or mechanic pursuant to         

subsection 7a7 to not be misclassified1 
shall establish a rebuttable presumption
 that the action is discrimination      
against the laborer or mechanic in      
violation of paragraph 7#a74  7,b7      
,motivating factor ,unlawful discharge  
or other discrimination against a       
laborer or mechanic under paragraph 7#a7
 is established when the complaining    
party demonstrates that one of the      
actions or the classification described 
in such paragraph was a motivating      
factor for such discharge or other      
discrimination1 even if such discharge  
or other discrimination was also        
motivated by other factors4  4  7#e7    
,misclassification enforcement through  
reclassification orders and stop work   
orders ,section #cadd;a of title #dj1   
,united ,states ,code1 as amended by    
paragraph 7#d71 is further amended by   
adding at the end the following3  7d7   
,misclassification enforcement through  
reclassification orders  7#a7 ,in       
general ,if the ,secretary determines   

that a contractor or subcontractor of a 
contract or subcontract to which this   
subchapter applies has misclassified #a 
or more laborers or mechanics in        
violation of subsection 7a7-- 7,a7 the  
,secretary shall issue1 not later than  
#bd hours after making such             
determination1 an order against the     
contractor or subcontractor requiring   
the contractor or subcontractor to      
immediately classify the #a or more     
laborers or mechanics as employees of   
the contractor or subcontractor2 and    
7,b7 the contractor or subcontractor    
shall immediately comply with the order 
issued under subparagraph 7,a7 or shall 
otherwise be in violation of subsection 
7a74  7#b7 ,orders ,an order issued     
under paragraph 7#a7 shall--  7,a7 be   
effective at the time at which the order
 is served upon the contractor or       
subcontractor1 which may be accomplished
 by the posting of a copy of the order  
in a conspicuous location at the place  
of business of the contractor or        

subcontractor2 and  7,b7 remain in      
effect during any review conducted under
 paragraph 7#c7 and during any hearing  
and appeal of such order under paragraph
 7#d74  7#c7 ,review for reconsideration
  7,a7 ,in general ,a contractor or     
subcontractor against whom an order is  
issued under paragraph 7#a7 may request 
a review by the ,secretary to contest   
the order4  7,b7 ,requests ,a request   
under subparagraph 7,a7 shall be made in
 writing to the ,secretary not more than
 #e days after the issuance of the      
order4  7,c7 ,requirements for review   
7i7 ,in general ,a hearing under this   
paragraph shall-- 7,i7 commence not     
later than #bd hours after a request is 
made under subparagraph 7,b72 and       
7,,ii7 conclude not later than #bd hours
 after such commencement4  7ii7         
,determination ,not later than #gb hours
 after a review concludes under clause  
7i77,,ii71 the ,secretary shall         
determine whether to affirm1 modify1 or 
revoke the contested order4  7#d7       

,hearings and appeals ,any person       
aggrieved by a determination of the     
,secretary under paragraph 7#c77;,c77ii7
 may-- 7,a7 request a hearing to appeal 
such determination to an administrative 
law judge2 and  7,b7 appeal an order of 
an administrative law judge under       
subparagraph 7,a7 to a court of         
competent jurisdiction4  7#e7 ,temporary
 or permanent injunctive relief ,the    
,secretary may petition any court of    
competent jurisdiction for temporary or 
permanent injunctive relief against any 
contractor or subcontractor that        
violates an order issued under paragraph
 7#a74 ,a court shall issue such        
temporary or permanent injunctive relief
 if the ,secretary has demonstrated it  
is just and proper4  7#f7 ,successfully 
disproving occurrence of                
misclassification  7,a7 ,in general ,if 
a contractor or subcontractor with      
respect to whom an order was issued     
under paragraph 7#a7 successfully proves
 through a review under paragraph 7#c71 

or a subsequent hearing or appeals      
proceeding under paragraph 7#d71 that   
the #a or more laborers or mechanics who
 were the subject of the order were not 
misclassified in violation of subsection
 7a7-- 7i7 the order issued under       
paragraph 7#a7 shall cease to be in     
effect2  7ii7 the contractor or         
subcontractor shall not be liable for   
any applicable back pay1 damages1 or    
civil penalties owed by the contractor  
or subcontractor under this subchapter  
with respect to the misclassification of
 such #b or more laborers or mechanics2 
and  7iii7 the ,secretary of ,labor1    
administrative law judge1 or court1 as  
applicable1 shall award 7and the        
,secretary of the ,treasury shall1 in   
accordance with subparagraph 7,b71 pay7 
to the contractor or subcontractor      
reasonable fees and expenses of         
attorneys in the same manner as such    
fees and expenses could be awarded under
 section #bdab of title #bh1 ,united    
,states ,code1 if the contractor or     

subcontractor was a prevailing party and
 the hearing or appeals proceeding was a
 civil action brought by or against the 
,united ,states4  7,b7 ,source of funds 
,the ,secretary of the ,treasury shall1 
upon notification by the ,secretary of  
,labor1 administrative law judge1 or    
court1 as applicable1 pay any fees or   
expenses awarded under subparagraph     
7,a77iii7 from amounts in the general   
fund of the ,treasury4  7e7             
,misclassification enforcement through  
stop work orders  7#a7 ,in general ,in  
any case where a contractor or          
subcontractor of a contract or          
subcontract to which this subchapter    
applies does not comply with a          
reclassification order issued by the    
,secretary under subsection 7d77#a71    
with respect to #b or more laborers or  
mechanics who are misclassified in      
violation of subsection 7a71 the        
,secretary shall issue--  7,a7 subject  
to subparagraph 7,b71 an order against  
the contractor or subcontractor         

requiring the cessation of all business 
operations of such contractor or        
subcontractor at the location of the    
violation2 or  7,b7 if an order         
described in subparagraph 7,a7 has been 
previously issued against the contractor
 or subcontractor by any ,federal1      
,state1 or local agency for             
misclassifying a laborer or mechanic    
employed by the contractor or           
subcontractor and performing any labor  
under the contract or subcontract1 as   
not an employee of the contractor or    
subcontractor in violation of subsection
 7a71 or an equivalent ,state or local  
law as determined by the ,secretary1 an 
order against the contractor or         
subcontractor requiring the cessation of
 all business operations of such        
contractor or subcontractor at all      
business locations of the contractor or 
subcontractor1 including locations other
 than the location where the            
misclassification occurred4  7#b7       
,orders  7,a7 ,applicability ,an order  

issued under paragraph 7#a7 shall-- 7i7 
be effective at the time at which the   
order is served upon the contractor or  
subcontractor1 which may be accomplished
 by the posting of a copy of the order  
in a conspicuous location at the place  
of business of the contractor or        
subcontractor2 and  7ii7 remain in      
effect-- 7,i7 during any review         
conducted under paragraph 7#c7 with     
respect to such order and during any    
hearing and appeal of such order under  
paragraph 7#d72 and  7,,ii7 until the   
,secretary issues a release order under 
subparagraph 7,b74  7,b7 ,release orders
  7i7 ,in general ,an order issued under
 paragraph 7#a7 7that is not revoked by 
the ,secretary or held unlawful or set  
aside by an administrative law judge or 
a court7 shall remain in effect until   
the ,secretary issues another order     
releasing the order issued under such   
paragraph upon a finding by the         
,secretary that the contractor or       
subcontractor--  7,i7 has corrected the 

violation of subsection 7a7 with respect
 to the #b or more laborers or mechanics
 who were misclassified resulting in the
 order2 and  7,,ii7 has agreed to a     
payment schedule for all applicable back
 pay1 damages1 and civil penalties owed 
by the contractor or subcontractor under
 this subchapter4  7ii7 ,reinstatement  
,if1 at any time after the ,secretary   
issues a release order under clause 7i71
 the contractor or subcontractor fails  
to comply with the terms of the payment 
schedule described in clause 7i77,,ii71 
the ,secretary shall reinstate the order
 issued under paragraph 7#a7 until the  
contractor or subcontractor is in       
compliance with such terms4  7#c7       
,review for reconsideration  7,a7 ,in   
general ,a contractor or subcontractor  
against whom an order is issued under   
paragraph 7#a7 may request a review by  
the ,secretary to contest the order4    
7,b7 ,requests ,a request under         
subparagraph 7,a7 shall be made in      
writing to the ,secretary not more than 

#e days after the issuance of the order4
  7,c7 ,requirements for review  7i7 ,in
 general ,a review under this paragraph 
shall--  7,i7 commence not later than   
#bd hours after a request is made under 
subparagraph 7,b72 and  7,,ii7 conclude 
not later than #bd hours after such     
commencement4  7,d7 ,determination ,not 
later than #gb hours after a review     
concludes under clause 7i77,,ii71 the   
,secretary shall determine whether to   
affirm1 modify1 or revoke the contested 
order4  7#d7 ,hearing and appeals ,any  
person aggrieved by a determination of  
the ,secretary under paragraph          
7#c77;,c77ii7 may--  7,a7 request a     
hearing to appeal such determination to 
an administrative law judge2 and  7,b7  
appeal an order of an administrative law
 judge under subparagraph 7,a7 to a     
court of competent jurisdiction4  7#e7  
,temporary or permanent injunctive      
relief ,the ,secretary may petition any 
court of competent jurisdiction for     
temporary or permanent injunctive relief

 against any contractor or subcontractor
 that violates an order issued under    
paragraph 7#a74 ,a court shall issue    
such temporary or permanent injunctive  
relief if the ,secretary has            
demonstrated it is just and proper4     
7#f7 ,compensation for lost work  7,a7  
,in general ,subject to subparagraph    
7,b71 a contractor or subcontractor with
 respect to whom an order is issued     
under paragraph 7#a7 shall pay each     
laborer or mechanic described in        
subparagraph 7,c7 the compensation that 
would be owed to such laborer or        
mechanic if the order was not issued4   
7,b7 ,limitation ,compensation paid     
under subparagraph 7,a7 shall be for    
each day1 not to exceed #aj days1 for   
which the laborer or mechanic would be  
paid if the order described in such     
subparagraph were not in effect4  7,c7  
,applicability ,subparagraph 7,a7       
applies to a laborer or mechanic who--  
7i7 is an employee of the contractor or 
subcontractor against whom an order is  

issued under paragraph 7#a72  7ii7 is   
performing labor under the contract or  
subcontract1 respectively1 that is      
subject to the order2 and  7iii7 loses  
compensation due to the work of such    
laborer or mechanic ceasing as a result 
of such order4  7#g7 ,successfully      
disproving occurrence of                
misclassification  7,a7 ,in general ,in 
any case where a contractor or          
subcontractor with respect to whom an   
order was issued under paragraph 7#a7   
successfully proves through a review    
under paragraph 7#c7 or subsequent      
hearing or appeals proceeding under     
paragraph 7#d7 that the #b or more      
laborers or mechanics who were the      
subject of the order were not           
misclassified in violation of subsection
 7a7--  7i7 the order issued under      
paragraph 7#a71 and any order issued    
against the contractor or subcontractor 
under subsection 7d77#a7 with respect to
 such #b or more laborers or mechanics1 
shall cease to be in effect2  7ii7 the  

contractor or subcontractor shall not be
 liable for any applicable back pay1    
damages1 or civil penalties owed by the 
contractor or subcontractor under this  
subchapter with respect to the          
misclassification of such #b or more    
laborers or mechanics2 and  7iii7 the   
,secretary of ,labor1 administrative law
 judge1 or the court shall award 7and   
the ,secretary of the ,treasury shall1  
in accordance with subparagraph 7,b71   
pay7 to the contractor or               
subcontractor-- 7,i7 an amount equal to 
any demonstrable lost net profits       
resulting from the order1 as            
demonstrated by clear and convincing    
evidence2 and  7,,ii7 reasonable fees   
and expenses of attorneys in the same   
manner as such fees and expenses could  
be awarded under section #bdab of title 
#bh1 ,united ,states ,code1 if the      
contractor or subcontractor was a       
prevailing party and the review1        
hearing1 or appeals proceeding was a    
civil action brought by or against the  

,united ,states4  7,b7 ,source of funds 
,the ,secretary of the ,treasury shall1 
upon notification by the ,secretary of  
,labor1 administrative law judge1 or    
court1 as applicable1 pay any amounts1  
fees1 or expenses awarded under         
subparagraph 7,a77iii7 from amounts     
available in the general fund of the    
,treasury4  4  7#f7 ,penalties for      
violations of new requirements          
,subchapter ,,iv of chapter #ca of title
 #dj1 ,united ,states ,code1 is amended 
by inserting after section #cadd;a1 as  
added by paragraph 7#c71 the following3 
#cadd;c4 ,penalties2 expanded liability 
7a7 ,misclassification2 incorporation   
,to further violations2 retaliation     
7#a7 ,in general ,a contractor or       
subcontractor that violates subsection  
7a71 7b71 or 7c7 of section #cadd;a of  
this title shall be subject to a civil  
penalty of--  7,a7 subject to           
subparagraphs 7,b7 and 7,c71 #aj1jjj2   
7,b7 if the violation is repeated or    
willful1 #cj1jjj2 or  7,c7 if the       

violation is widespread1 #a percent of  
the net profits of the contractor or    
subcontractor for the year in which the 
contractor or subcontractor had the     
highest net profits out of all years in 
which the contractor or subcontractor   
was in such violation4  7#b7 ,repeated1 
or willful1 and widespread violations   
,if the violation of subsection 7a71    
7b71 or 7c7 of section #cadd;a of this  
title is repeated or willful1 as        
described in paragraph 7#a77;,b71 and is
 widespread1 as described in paragraph  
7#a77;,c71 the higher amount of the     
amounts described in such paragraphs    
shall apply4  7#c7 ,payment of damages  
,any penalty assessed under paragraph   
7#a7 for a violation of subsection 7a71 
7b71 or 7c7 of section #cadd;a of this  
title shall be paid from an account of  
the contractor or subcontractor in such 
violation for the violation and not     
paid1 or reimbursed1 by any insurance   
plan that would indemnify the contractor
 or subcontractor from violations of    

such subsection4 ,if a contractor or    
subcontractor receives a payment from an
 insurance plan to indemnify the        
contractor or subcontractor from a      
violation of such subsection1 the       
contractor or subcontractor shall       
transfer the payment to the ,secretary1 
in addition to the amount to be paid    
from the account of the contractor or   
subcontractor for the penalty4  7b7     
,misclassification enforcement through  
reclassification orders  7#a7 ,civil    
penalties ,a contractor or subcontractor
 that violates a reclassification order 
issued under section #cadd;a7d77#a7     
shall be subject to a civil penalty of  
not less than #e1jjj per day1 with each 
day constituting a separate offense4    
7#b7 ,additional damages ,in any case in
 which a contractor or subcontractor    
contests a reclassification order issued
 under paragraph 7#a7 of section        
#cadd;a7d7 in a review under paragraph  
7#c7 of such section1 a hearing under   
paragraph 7#d77;,a7 of such section1 and

 a subsequent judicial proceeding under 
paragraph 7#d77;,b7 of such section1 and
 the court in such proceeding rules in  
favor of the ,secretary-- 7,a7 the court
 shall determine if1 during the period  
between the issuance of such order and  
the conclusion of the proceeding1 the   
contractor or subcontractor violated    
such order by not classifying the #a or 
more laborer or mechanics as employees  
during that period2 and  7,b7 if the    
court determines the contractor or      
subcontractor so violated the order     
during that period-- 7i7 the court shall
 determine the amount of net profits    
derived by the contractor or            
subcontractor from the labor of the     
laborers or mechanics during that       
period2 and  7ii7 the court shall assess
 damages in the amount determined under 
clause 7i71 which damages shall be      
awarded to such individuals by the      
court4  4  7#g7 ,conforming amendments  
,the table of sections for subchapter   
,,iv of chapter #ca of title #dj1       

,united ,states ,code1 is amended--     
7,a7 by inserting after the item        
relating to section #cada the following3
  ,sec4 #cada;a4 ,employee test4  2  and
  7,b7 by inserting after the item      
relating to section #cadd the following3
  ,sec4 #cadd;a4 ,prohibitions against  
misclassification1 incorporation to     
further violations1 and retaliation2    
reclassification orders and stop work   
orders4 ,sec4 #cadd;c4 ,penalties2      
expanded liability4  4  7g7             
,walsh-,healey ,public ,contracts ,act  
7#a7 ,strengthening employee test       
,chapter #fe of title #da1 ,united      
,states ,code1 is amended by inserting  
after section #feja of such title the   
following3  #feja;a4 ,employee test  7a7
 ,in general ,for purposes of this      
chapter and except as provided in       
subsection 7c71 an individual performing
 any labor1 with respect to the         
manufacture or furnishing of materials1 
supplies1 articles1 or equipment1 under 
a contract to which this chapter        

applies1 shall be an employee employed  
by the contractor of such contract and  
not an independent contractor1 unless-- 
7#a7 the individual is free from control
 and direction in connection with the   
performance of the labor1 both under the
 contract for the performance of the    
labor and in fact2  7#b7 the labor is   
performed outside the usual course of   
the business of such contractor2 and    
7#c7 the individual is customarily      
engaged in an independently established 
trade1 occupation1 profession1 or       
business of the same nature as that     
involved in the labor performed4  7b7   
,clarifications  7#a7 ,relationship with
 common law ,subsection 7a7 is not a    
codification of the common law and shall
 not be interpreted to reflect1 or to be
 limited or restricted by1 common law   
interpretations regarding when an       
individual is an employee of another    
person4 ,subsection 7a7 shall be        
considered complete as written1 and any 
judicial or agency interpretation of    

such subsection shall be limited to the 
explicit requirements of such           
subsection4  7#b7 ,impact of written or 
other agreements ,the requirements of   
subsection 7a7 shall not be in any way  
affected by any agreement1 written or   
otherwise1 that purports to demonstrate 
an individual's acknowledgment of or    
acquiescence to the absence of an       
employer-employee relationship with a   
particular employer4  7c7 ,non-,compete 
agreements  7#a7 ,in general            
,notwithstanding any contrary provisions
 in this chapter1 in any instance in    
which there is a non-compete agreement  
between a person and an individual who  
performs labor for such person1 the     
presence of the non-compete agreement1  
without regard to the legality or       
enforceability of the non-compete       
agreement1 shall be evidence of control 
for purposes of subsection 7a77#a71 but 
shall not by itself establish an        
employment relationship between such    
person and the individual4  7#b7        

,definition of non-compete agreement ,in
 this subsection1 the term non-compete  
agreement means an agreement between a  
person and an individual who performs   
labor for such person that restricts the
 individual from performing1 either     
during or after the individual performs 
labor for such person-- 7,a7 any labor  
for another person2  7,b7 any labor for 
a specified period of time2  7,c7 any   
labor in a specified geographical area2 
or  7,d7 any labor for another person   
that is similar to the labor such       
individual performed for the person that
 is a party to such agreement4  4  7#b7 
,presumption of employee status ,section
 #feja;a of title #da1 ,united ,states  
,code1 as added by paragraph 7#a71 is   
amended by adding at the end the        
following3  7d7 ,presumption of employee
 status ,for purposes of this chapter1  
an individual performing any labor1 with
 respect to the manufacture or          
furnishing of materials1 supplies1      
articles1 or equipment1 under a contract

 to which this chapter applies1 shall be
 an employee employed by the contractor 
of such contract unless the party       
seeking to assert otherwise establishes 
by clear and convincing evidence that   
the individual is not such an employee  
in accordance with this section4  4     
7#c7 ,misclassification as a standalone 
violation  7,a7 ,in general ,section    
#fejb of title #da1 ,united ,states     
,code1 is amended by adding at the end  
the following3  7#e7 ,misclassification 
,the contractor shall not misclassify an
 individual performing any labor1 with  
respect to the manufacture or furnishing
 of materials1 supplies1 articles1 or   
equipment under the contract1 who is an 
employee of the contractor as not such  
an employee for purposes of this        
chapter4  4  7,b7 ,incorporation to     
further violations ,section #fejb of    
title #da1 ,united ,states ,code1 as    
amended by subparagraph 7,a71 is further
 amended by adding at the end the       
following3  7#f7 ,incorporation to      

further violations ,the contractor shall
 not1 for the purpose1 in whole or in   
part1 of facilitating1 or evading       
detection of1 a violation of this       
chapter1 including a violation of       
paragraph 7#e7-- 7,a7 incorporate or    
form1 or assist in the incorporation or 
formation of1 a corporation1            
partnership1 limited liability          
corporation1 or other entity2 or  7,b7  
pay or collect a fee for use of a       
foreign or domestic corporation1        
partnership1 limited liability          
corporation1 or other entity4  4  7#d7  
,protection from retaliation for being  
an employee2 rules regarding unlawful   
discharge or discrimination ,section    
#fejb of title #da1 ,united ,states     
,code1 as amended by paragraph 7#d71 is 
further amended by adding at the end the
 following3  7#g7 ,retaliation  7,a7 ,in
 general ,the contractor shall not      
discharge or in any other manner        
discriminate against an individual      
employed by the contractor in the       

manufacture or furnishing of materials1 
supplies1 articles1 or equipment under  
the contract1 because-- 7i7 such        
individual has filed any complaint or   
instituted or caused to be instituted   
any proceeding under or related to this 
chapter1 or has testified or is about to
 testify in any such proceeding1 or has 
served or is about to serve on an       
industry committee2 or  7ii7 such       
individual-- 7,i7 is required1 pursuant 
to the enactment of the ,worker         
,flexibility and ,small ,business       
,protection ,act of #bjbj1 to be        
classified as an employee of the        
contractor for purposes of this chapter 
and not an independent contractor2 and  
7,,ii7 was classified by the contractor 
as an independent contractor prior to   
the date of enactment of the ,worker    
,flexibility and ,small ,business       
,protection ,act of #bjbj4  7,b7 ,rules 
regarding unlawful discharge or         
discrimination  7i7 ,presumption of     
retaliation ,any action taken against an

 individual1 employed by the contractor 
or subcontractor in the manufacture or  
furnishing of materials1 supplies1      
articles1 or equipment under the        
contract1 within #ij days of the        
individual taking any action described  
in subparagraph 7,a77i71 including      
taking any such action with respect to  
exercising the right of the individual  
pursuant to paragraph 7#e7 to not be    
misclassified1 shall establish a        
rebuttable presumption that the action  
is discrimination against the individual
 in violation of subparagraph 7,a74     
7ii7 ,motivating factor ,unlawful       
discharge or other discrimination       
against an employee under subparagraph  
7,a7 is established when the complaining
 party demonstrates that one of the     
actions or the classification described 
in such subparagraph was a motivating   
factor for such discharge or other      
discrimination1 even if such discharge  
or other discrimination was also        
motivated by other factors4  4  7#e7    

,misclassification enforcement through  
reclassification orders and stop work   
orders ,chapter #fe of title #da1       
,united ,states ,code1 is amended by    
inserting after section #fejf the       
following3  #fejf;a4 ,misclassification 
enforcement through reclassification    
orders and stop work orders  7a7        
,reclassification orders  7#a7 ,in      
general ,if the ,secretary determines1  
after an investigation under section    
#fejf7;e71 that a contractor of a       
contract to which this chapter applies  
has misclassified #a or more individuals
 who are employees of the contractor    
performing any labor1 with respect to   
the manufacture or furnishing of        
materials1 supplies1 articles1 or       
equipment1 under the contract1 as not   
employees of the contractor1 in         
violation of section #fejb7e7-- 7,a7 the
 ,secretary shall issue1 not later than 
#bd hours after making such             
determination1 an order against the     
contractor requiring the contractor to  

immediately classify the #a or more     
individuals as employees of the         
contractor2 and  7,b7 the contractor    
shall immediately comply with the order 
issued under subparagraph 7,a7 or shall 
otherwise be in violation of section    
#fejb7e74  7#b7 ,orders ,an order issued
 under paragraph 7#a7 shall--  7,a7 be  
effective at the time at which the order
 is served upon the contractor1 which   
may be accomplished by the posting of a 
copy of the order in a conspicuous      
location at the place of business of the
 contractor2 and  7,b7 remain in effect 
during any review conducted under       
paragraph 7#c7 and during any hearing   
and appeal of such order under paragraph
 7#d74  7#c7 ,review for reconsideration
  7,a7 ,in general ,a contractor against
 whom an order is issued under paragraph
 7#a7 may request a review by the       
,secretary to contest the order4  7,b7  
,requests ,a request under subparagraph 
7,a7 shall be made in writing to the    
,secretary not more than #e days after  

the issuance of the order4  7,c7        
,requirements for review  7i7 ,in       
general ,a review under this paragraph  
shall-- 7,i7 commence not later than #bd
 hours after a request is made under    
subparagraph 7,b72 and  7,,ii7 conclude 
not later than #bd hours after such     
commencement4  7ii7 ,determination ,not 
later than #gb hours after a review     
concludes under clause 7i77,,ii71 the   
,secretary shall determine whether to   
affirm1 modify1 or revoke the contested 
order4  7#d7 ,hearings and appeals ,any 
person aggrieved by a determination of  
the ,secretary under paragraph          
7#c77;,c77ii7 may-- 7,a7 request a      
hearing to appeal such determination to 
an administrative law judge2 and  7,b7  
appeal an order of an administrative law
 judge under subparagraph 7,a7 to a     
court of jurisdiction as described in   
section #fejg7;d74  7#e7 ,temporary or  
permanent injunctive relief ,the        
,secretary may petition a court of      
jurisdiction as described in section    

#fejg7;d7 for temporary or permanent    
injunctive relief against any contractor
 that violates an order issued under    
paragraph 7#a74 ,a court shall issue    
such temporary or permanent injunctive  
relief if the ,secretary has            
demonstrated it is just and proper4     
7#f7 ,successfully disproving occurrence
 of misclassification  7,a7 ,in general 
,if contractor with respect to whom an  
order was issued under paragraph 7#a7   
successfully proves through a review    
under paragraph 7#c71 or a subsequent   
hearing or appeals proceeding under     
paragraph 7#d71 that the #a or more     
individuals who were the subject of the 
order were not misclassified in         
violation of section #fejb7e7-- 7i7 the 
order issued under paragraph 7#a7 shall 
cease to be in effect2  7ii7 the        
contractor shall not be liable for any  
applicable back pay1 damages1 or civil  
penalties owed by the contractor under  
this chapter with respect to the        
misclassification of such #a or more    

individuals2 and  7iii7 the ,secretary  
of ,labor1 administrative law judge1 or 
the court1 as applicable1 shall award   
7and the ,secretary of the ,treasury    
shall1 in accordance with subparagraph  
7,b71 pay7 to the contractor reasonable 
fees and expenses of attorneys in the   
same manner as such fees and expenses   
could be awarded under section #bdab of 
title #bh1 ,united ,states ,code1 if the
 contractor was a prevailing party and  
the review1 hearing1 or appeals         
proceeding was a civil action brought by
 or against the ,united ,states4  7,b7  
,source of funds ,the ,secretary of the 
,treasury shall1 upon notification by   
the ,secretary of ,labor1 administrative
 law judge1 or court1 as applicable1 pay
 any fees or expenses awarded under     
subparagraph 7,a77iii7 from amounts in  
the general fund of the ,treasury4  7b7 
,stop work orders  7#a7 ,in general ,in 
any case where a contractor does not    
comply with a reclassification order    
issued by the ,secretary under          

subsection 7a77#a71 with respect to #b  
or more individuals who are             
misclassified in violation of section   
#fejb7e71 within #cj days of being      
served with the order1 the ,secretary   
shall issue--  7,a7 subject to          
subparagraph 7,b71 an order against the 
contractor requiring the cessation of   
all business operations of such         
contractor at the location of the       
violation2 or  7,b7 if an order         
described in subparagraph 7,a7 has been 
previously issued against the contractor
 by any ,federal1 ,state1 or local      
agency for misclassifying an employee   
performing any labor1 with respect to   
the manufacture or furnishing of        
materials1 supplies1 articles1 or       
equipment under the contract1 as not    
such an employee in violation of section
 #fejb7e71 or an equivalent ,state or   
local law as determined by the          
,secretary1 an order against the        
contractor requiring the cessation of   
all business operations of such         

contractor at all business locations of 
the contractor1 including locations     
other than the location where the       
misclassification occurred4  7#b7       
,orders  7,a7 ,applicability ,an order  
issued under paragraph 7#a7 shall-- 7i7 
be effective at the time at which the   
order is served upon the contractor1    
which may be accomplished by the posting
 of a copy of the order in a conspicuous
 location at the place of business of   
the contractor2 and  7ii7 remain in     
effect-- 7,i7 during any review         
conducted under paragraph 7#c7 with     
respect to such order and during any    
hearing and appeal of such order under  
paragraph 7#d72 and  7,,ii7 until the   
,secretary issues a release order under 
subparagraph 7,b74  7,b7 ,release orders
  7i7 ,in general ,an order issued under
 paragraph 7#a7 7that is not revoked by 
the ,secretary or held unlawful or set  
aside by an administrative law judge or 
a court7 shall remain in effect until   
the ,secretary issues another order     

releasing the order issued under such   
subsection upon a finding by the        
,secretary that the contractor--  7,i7  
has corrected the violation of section  
#fejb7e7 with respect to the #b or more 
individuals who were misclassified      
resulting in the order2 and  7,,ii7 has 
agreed to a payment schedule for all    
applicable back pay1 damages1 and civil 
penalties owed by the contractor under  
this chapter4  7ii7 ,reinstatement ,if1 
at any time after the ,secretary issues 
a release order under clause 7i71 the   
contractor fails to comply with the     
terms of the payment schedule described 
in clause 7i77,,ii71 the ,secretary     
shall reinstate the order issued under  
paragraph 7#a7 until the contractor is  
in compliance with such terms4  7#c7    
,review for reconsideration  7,a7 ,in   
general ,a contractor against whom an   
order is issued under paragraph 7#a7 may
 request a review by the ,secretary to  
contest the order4  7,b7 ,requests ,a   
request under subparagraph 7,a7 shall be

 made in writing to the ,secretary not  
more than #e days after the issuance of 
the order4  7,c7 ,requirements for      
review  7i7 ,in general ,a review under 
this paragraph shall--  7,i7 commence   
not later than #bd hours after a request
 is made under subparagraph 7,b72 and   
7,,ii7 conclude not later than #bd hours
 after such commencement4  7ii7         
,determination ,not later than #gb hours
 after a review concludes under clause  
7i77,,ii71 the ,secretary shall         
determine whether to affirm1 modify1 or 
revoke the contested order4  7#d7       
,hearings and appeals ,any person       
aggrieved by a determination of the     
,secretary under paragraph 7#c77;,c77ii7
 may--  7,a7 request a hearing to appeal
 such determination to an administrative
 law judge2 and  7,b7 appeal an order of
 an administrative law judge under      
subparagraph 7,a7 to a court of         
jurisdiction as described in section    
#fejg7;d74  7#e7 ,temporary or permanent
 injunctive relief ,the ,secretary may  

petition a court of jurisdiction as     
described in section #fejg7;d7 for      
temporary or permanent injunctive relief
 against any contractor that violates an
 order issued under paragraph 7#a74 ,a  
court shall issue such temporary or     
permanent injunctive relief if the      
,secretary has demonstrated it is just  
and proper4  7#f7 ,compensation for lost
 work  7,a7 ,in general ,subject to     
subparagraph 7,b71 a contractor with    
respect to whom an order is issued under
 paragraph 7#a7 shall pay each employee 
described in subparagraph 7,c7 the      
compensation that would be owed to such 
employee if the order was not issued4   
7,b7 ,limitation ,compensation paid     
under subparagraph 7,a7 shall be for    
each day1 not to exceed #aj days1 for   
which the employee would be paid if the 
order described in such paragraph were  
not in effect4  7,c7 ,applicable        
employees ,an employee described in this
 subparagraph is an individual who--    
7i7 is an employee of a contractor      

against whom an order is issued under   
paragraph 7#a72  7ii7 performs labor    
with respect to the manufacture or      
furnishing of materials1 supplies1      
articles1 or equipment under the        
contract that is subject to the order2  
and  7iii7 loses compensation due to the
 work of such employee ceasing as a     
result of such order4  7#g7             
,successfully disproving occurrence of  
misclassification  7,a7 ,in general ,in 
any case where a contractor with respect
 to whom an order was issued under      
paragraph 7#a7 successfully proves      
through a review under paragraph 7#c7 or
 a subsequent hearing or appeals        
proceeding under paragraph 7#d7 that the
 #b or more individuals who were the    
subject of the order were not           
misclassified in violation of section   
#fejb7e7--  7i7 the order issued under  
paragraph 7#a71 and any order issued    
against the contractor under subsection 
7a77#a7 with respect to such #b or more 
individuals1 shall cease to be in       

effect2  7ii7 the contractor shall not  
be liable for any applicable back pay1  
damages1 or civil penalties owed by the 
contractor under this chapter with      
respect to the misclassification of such
 #b or more individuals2 and  7iii7 the 
,secretary of ,labor1 administrative law
 judge1 or court1 as applicable1 shall  
award 7and the ,secretary of the        
,treasury shall1 in accordance with     
subparagraph 7,b71 pay7 to the          
contractor-- 7,i7 an amount equal to any
 demonstrable lost net profits resulting
 from the order1 as demonstrated by     
clear and convincing evidence2 and      
7,,ii7 reasonable fees and expenses of  
attorneys in the same manner as such    
fees and expenses could be awarded under
 section #bdab of title #bh1 ,united    
,states ,code1 if the contractor was a  
prevailing party and the review1        
hearing1 or appeals proceeding was a    
civil action brought by or against the  
,united ,states4  7,b7 ,source of funds 
,the ,secretary of the ,treasury shall1 

upon notification by the ,secretary of  
,labor1 administrative law judge1 or    
court1 as applicable1 pay any amounts1  
fees1 or expenses awarded under         
subparagraph 7,a77iii7 from amounts     
available in the general fund of the    
,treasury4  4  7#f7 ,penalties for      
violations of new requirements ,chapter 
#fe of title #da1 ,united ,states ,code1
 as amended by paragraph 7#e71 is       
further amended by inserting after      
section #fejf;a the following3  #fejf;b4
 ,penalties2 expanded liability  7a7    
,misclassification and incorporation ,to
 further violations  7#a7 ,in general ,a
 contractor that violates paragraph     
7#e71 7#f71 or 7#g7 of section #fejb of 
this title shall be subject to a civil  
penalty of--  7,a7 subject to           
subparagraphs 7,b7 and 7,c71 #aj1jjj2   
7,b7 if the violation is repeated or    
willful1 #cj1jjj2 or  7,c7 if the       
violation is widespread1 #a percent of  
the net profits of the contractor for   
the year in which the contractor had the

 highest net profits out of all years in
 which the contractor was in such       
violation4  7#b7 ,repeated1 or willful1 
and widespread violations ,if the       
violation of paragraph 7#e71 7#f71 or   
7#g7 of section #fejb of this title is  
repeated or willful1 as described in    
paragraph 7#a77;,b71 and is widespread1 
as described in paragraph 7#a77;,c71 the
 higher amount of the amounts described 
in such paragraphs shall apply4  7#c7   
,payment of damages ,any penalty        
assessed under paragraph 7#a7 for a     
violation of paragraph 7#e71 7#f71 or   
7#g7 of section #fejb of this title     
shall be paid from an account of the    
contractor in such violation and not    
paid1 or reimbursed1 by any insurance   
plan that would indemnify the contractor
 from violations of such paragraph 7#e71
 7#f71 or 7#g74 ,if a contractor        
receives a payment from an insurance    
plan to indemnify the contractor from a 
violation of such paragraph 7#e71 7#f71 
or 7#g71 the contractor shall transfer  

the payment to the ,secretary1 in       
addition to the amount to be paid from  
the account of the contractor for the   
penalty4  7b7 ,reclassification orders  
7#a7 ,civil penalties ,a contractor that
 violates a reclassification order      
issued under section #fejf;a7a77#a7     
shall be subject to a civil penalty in  
an amount not less than #e1jjj per day1 
with each day constituting a separate   
offense4  7#b7 ,additional damages ,in  
any case in which a contractor contests 
a reclassification order issued under   
paragraph 7#a7 of section #fejf;a7a7 in 
a review under paragraph 7#c7 of such   
section1 a hearing under paragraph      
7#d77;,a7 of such section1 and a        
subsequent judicial proceeding under    
paragraph 7#d77;,b7 of such section1 and
 the court in such proceeding rules in  
favor of the ,secretary-- 7,a7 the court
 shall determine if1 during the period  
between the issuance of such order and  
the conclusion of the proceeding1 the   
contractor violated such order by not   

classifying the #a or more individuals  
as employees during that period2 and    
7,b7 if the court determines the        
contractor so violated the order during 
that period-- 7i7 the court shall       
determine the amount of net profits     
derived by the contractor from the      
individuals' labor during that period2  
and  7ii7 the court shall assess damages
 in the amount determined under clause  
7i71 which damages shall be awarded to  
such individuals by the court4  4  7#g7 
,conforming amendments ,the table of    
sections for chapter #fe of title #da1  
,united ,states ,code1 is amended--     
7,a7 by inserting after the item        
relating to section #feja the following3
  ,sec4 #feja;a4 ,employee test4  2  and
  7,b7 by inserting after the item      
relating to section #fejf the following3
  ,sec4 #fejf;a4 ,misclassification     
enforcement through reclassification    
orders and stop work orders4 ,sec4      
#fejf;b4 ,penalties2 expanded liability4
  4  7h7 ,family and ,medical ,leave    

,act of #aiic  7#a7 ,misclassification  
as a standalone violation  7,a7 ,in     
general ,section #aje of the ,family and
 ,medical ,leave ,act of #aiic 7#bi     
,u4,s4,c4 #bfae7 is amended by adding at
 the end the following3  7c7            
,misclassification ,it shall be unlawful
 for any employer to misclassify an     
eligible employee of the employer as not
 an employee of the employer for        
purposes of this title4  4  7,b7        
,incorporation to further violations    
,section #aje of the ,family and        
,medical ,leave ,act of #aiic 7#bi      
,u4,s4,c4 #bfae71 as amended by         
subparagraph 7,a71 is further amended by
 adding at the end the following3  7d7  
,incorporation ,to further violations   
,it shall be unlawful for any employer  
to1 for the purpose1 in whole or in     
part1 of facilitating1 or evading       
detection of1 a violation of this title1
 including a violation of subsection    
7c7--  7#a7 incorporate or form1 or     
assist in the incorporation or formation

 of1 a corporation1 partnership1 limited
 liability corporation1 or other entity2
 or  7#b7 pay or collect a fee for use  
of a foreign or domestic corporation1   
partnership1 limited liability          
corporation1 or other entity4  4  7,c7  
,penalties ,section #ajg7;b7 of the     
,family and ,medical ,leave ,act of     
#aiic 7#bi ,u4,s4,c4 #bfag7;b77 is      
amended by adding at the end the        
following3  7#d7 ,penalties for         
misclassification and incorporation to  
further violations  7,a7 ,in general    
,any employer who violates subsection   
7c7 or 7d7 of section #aje shall be     
subject to a civil penalty of--  7i7    
subject to clauses 7ii7 and 7iii71      
#aj1jjj2  7ii7 if the violation is      
repeated or willful1 #cj1jjj2 or  7iii7 
if the violation is widespread1 #a      
percent of the net profits of the       
employer for the year in which the      
employer had the highest net profits out
 of all years in which the employer was 
in such violation4  7,b7 ,repeated1 or  

willful1 and widespread violations ,if a
 violation of subsection 7c7 or 7d7 of  
section #aje is repeated or willful1 as 
described in subparagraph 7,a77ii71 and 
is widespread1 as described in          
subparagraph 7,a77iii71 the higher      
penalty of the penalties described in   
such subparagraphs shall apply4  7,c7   
,payment of penalties ,any penalty      
assessed under subparagraph 7,a7 for a  
violation of subsection 7c7 or 7d7 of   
section #aje shall be paid from an      
account of the employer in such         
violation and not paid1 or reimbursed1  
by any insurance plan that would        
indemnify the employer from violations  
of such subsection 7c7 or 7d71          
respectively4 ,if an employer receives a
 payment from an insurance plan to      
indemnify the employer from a violation 
of such subsection1 the employer shall  
transfer the payment to the ,secretary1 
in addition to the amount to be paid    
from the account of the employer for the
 penalty4  4  7#b7 ,protection from     

retaliation for being an employee2      
presumption of retaliation ,section     
#aje7;b7 of the ,family and ,medical    
,leave ,act of #aiic 7#bi ,u4,s4,c4     
#bfae7;b77 is amended--  7,a7 by        
redesignating paragraphs 7#a7 through   
7#c7 as subparagraphs 7,a7 through 7,c71
 respectively1 and indenting            
appropriately2  7,b7 by striking ,it    
shall and inserting the following3  7#a7
 ,in general ,it shall  2  7,c7 in      
subparagraph 7,b71 as so redesignated1  
by striking 2 or and inserting a        
semicolon2  7,d7 in subparagraph 7,c71  
as so redesignated1 by striking the     
period at the end and inserting 2 or2   
and  7,e7 by adding at the end the      
following3  7,d7  7i7 is required1      
pursuant to the enactment of the ,worker
 ,flexibility and ,small ,business      
,protection ,act of #bjbj1 to be        
classified as an employee of the person 
for purposes of this title and not an   
independent contractor2 and  7ii7 was   
classified by the person as an          

independent contractor prior to the date
 of enactment of the ,worker            
,flexibility and ,small ,business       
,protection ,act of #bjbj4  7#b7 ,rules 
regarding unlawful discharge or         
discrimination  7,a7 ,presumption of    
retaliation ,any action taken against an
 individual within #ij days of the      
individual taking any action described  
in any of subparagraph 7,a71 7,b71 or   
7,c7 of paragraph 7#a71 including taking
 any such action with respect to        
exercising the right of an employee     
pursuant to subsection 7c7 to not be    
misclassified1 shall establish a        
rebuttable presumption that the action  
is discrimination against the individual
 in violation of paragraph 7#a74  7,b7  
,motivating factor ,unlawful discharge  
or other discrimination against an      
employee under paragraph 7#a7 is        
established when the complaining party  
demonstrates that one of the actions or 
the classification described in such    
paragraph was a motivating factor for   

such discharge or other discrimination1 
even if such discharge or other         
discrimination was also motivated by    
other factors4  4  7#c7 ,statutory      
employers in heavily misclassifying     
industries ,section #aja7d7 of the      
,family and ,medical ,leave ,act of     
#aiic 7#bi ,u4,s4,c4 #bfaa7d77 is       
amended by adding at the end the        
following3  7,c7 ,statutory employers in
 heavily misclassifying industries ,the 
term employer shall include any person  
who--  7i7 is described in subparagraph 
7,a77i72 and  7ii7 is described in      
section #c7;d77#d7 of the ,fair ,labor  
,standards ,act of #aich 7#bi ,u4,s4,c4 
#bjc7;d77#d774  4  7#d7                 
,misclassification enforcement through  
stop work orders  7,a7 ,in general      
,title ,i of the ,family and ,medical   
,leave ,act of #aiic 7#bi ,u4,s4,c4     
#bfaa et seq47 is amended by inserting  
after section #ajg 7#bi ,u4,s4,c4 #bfag7
 the following3  #ajg;,a4               
,misclassification enforcement through  

reclassification orders and stop work   
orders  7a7 ,reclassification orders    
7#a7 ,in general ,if the ,secretary     
determines1 after an investigation under
 section #ajf1 that an employer has     
misclassified #a or more individuals who
 are eligible employees of the employer 
as not employees in violation of section
 #aje7;c7--  7,a7 the ,secretary shall  
issue1 not later than #bd hours after   
making such determination1 an order     
against the employer requiring the      
employer to immediately classify the #a 
or more individuals as eligible         
employees of the employer2 and  7,b7 the
 employer shall immediately comply with 
the order issued under subparagraph 7,a7
 or shall otherwise be in violation of  
section #aje7;c74  7#b7 ,orders ,an     
order issued under paragraph 7#a7       
shall-- 7,a7 be effective at the time at
 which the order is served upon the     
employer1 which may be accomplished by  
the posting of a copy of the order in a 
conspicuous location at the place of    

business of the employer2 and  7,b7     
remain in effect during any review      
conducted under paragraph 7#c7 with     
respect to such order and during any    
hearing and appeal of such order under  
paragraph 7#d74  7#c7 ,review for       
reconsideration  7,a7 ,in general ,an   
employer against whom an order is issued
 under paragraph 7#a7 may request a     
review by the ,secretary to contest the 
order4  7,b7 ,requests ,a request under 
subparagraph 7,a7 shall be made in      
writing to the ,secretary not more than 
#e days after the issuance of the order4
  7,c7 ,requirements for review  7i7 ,in
 general ,a review under this paragraph 
shall--  7,i7 commence not later than   
#bd hours after a request is made under 
subparagraph 7,b72 and  7,,ii7 conclude 
not later than #bd hours after such     
commencement4  7ii7 ,determination ,not 
later than #gb hours after a review     
concludes under clause 7i77,,ii71 the   
,secretary shall determine whether to   
affirm1 modify1 or revoke the contested 

order4  7#d7 ,hearings and appeals ,any 
person aggrieved by a determination of  
the ,secretary under paragraph          
7#c77;,c77ii7 may--  7,a7 request a     
hearing to appeal such determination to 
an administrative law judge2 and  7,b7  
appeal an order of an administrative law
 judge under subparagraph 7,a7 to any   
,federal or ,state court of competent   
jurisdiction4  7#e7 ,action for         
injunction ,the ,secretary may petition 
any district court of the ,united       
,states to restrain a violation of an   
order issued under paragraph 7#a74 ,a   
court shall issue such relief if the    
,secretary has demonstrated it is just  
and proper4  7#f7 ,successfully         
disproving occurrence of                
misclassification  7,a7 ,in general ,if 
an employer with respect to whom an     
order was issued under paragraph 7#a7   
successfully proves through a review    
under paragraph 7#c71 or a subsequent   
hearing or appeals proceeding under     
paragraph 7#d71 that the #a or more     

individuals who were the subject of the 
order were not misclassified in         
violation of section #aje7;c7--  7i7 the
 order issued under paragraph 7#a7 shall
 cease to be in effect2  7ii7 the       
employer shall not be liable for any    
applicable back pay1 damages1 or civil  
penalties owed by the employer under    
this title with respect to the          
misclassification of such #b or more    
individuals2 and  7iii7 the ,secretary  
of ,labor1 administrative law judge1 or 
court1 as applicable1 shall award 7and  
the ,secretary of the ,treasury shall1  
in accordance with subparagraph 7,b71   
pay7 to the employer reasonable fees and
 expenses of attorneys in the same      
manner as such fees and expenses could  
be awarded under section #bdab of title 
#bh1 ,united ,states ,code1 if the      
employer was a prevailing party and the 
review1 hearing1 or appeals proceeding  
was a civil action brought by or against
 the ,united ,states4  7,b7 ,source of  
funds ,the ,secretary of the ,treasury  

shall1 upon notification by the         
,secretary of ,labor1 administrative law
 judge1 or court1 as applicable1 pay any
 fees or expenses awarded under         
subparagraph 7,a77iii7 from amounts in  
the general fund of the ,treasury4  7b7 
,stop work orders  7#a7 ,in general ,in 
any case where an employer does not     
comply with a reclassification order    
issued by the ,secretary under          
subsection 7a77#a71 with respect to #b  
or more individuals who are             
misclassified in violation of section   
#aje7;c71 within #cj days of being      
served the order1 the ,secretary shall  
issue-- 7,a7 subject to subparagraph    
7,b71 an order against the employer     
requiring the cessation of all business 
operations of such employer at the      
location of the violation2 or  7,b7 if  
an order described in subparagraph 7,a7 
has been previously issued against the  
employer by any ,federal1 ,state1 or    
local agency for misclassifying an      
eligible employee as not an employee in 

violation of section #aje7;c71 or an    
equivalent ,state or local law as       
determined by the ,secretary1 an order  
against the employer requiring the      
cessation of all business operations of 
such employer at all business locations 
of the employer1 including locations    
other than the location where the       
misclassification occurred4  7#b7       
,orders  7,a7 ,applicability ,an order  
issued under paragraph 7#a7 shall--  7i7
 be effective at the time at which the  
order is served upon the employer1 which
 may be accomplished by the posting of a
 copy of the order in a conspicuous     
location at the place of business of the
 employer2 and  7ii7 remain in effect-- 
7,i7 during any review conducted under  
paragraph 7#c7 with respect to such     
order and during any hearing and appeal 
of such order under paragraph 7#d72 and 
7,,ii7 until the ,secretary issues a    
release order under subparagraph 7,b74  
7,b7 ,release orders  7i7 ,in general   
,an order issued under paragraph 7#a7   

7that is not revoked by the ,secretary  
or held unlawful or set aside by an     
administrative law judge or a court7    
shall remain in effect until the        
,secretary issues another order         
releasing the order issued under such   
paragraph upon a finding by the         
,secretary that the employer-- 7,i7 has 
corrected the violation of section      
#aje7;c7 with respect to the #b or more 
individuals who were misclassified      
resulting in the order2 and  7,,ii7 has 
agreed to a payment schedule for all    
applicable back pay1 damages1 and civil 
penalties owed by the employer under    
this title4  7ii7 ,reinstatement ,if1 at
 any time after the ,secretary issues a 
release order under clause 7i71 the     
employer fails to comply with the terms 
of the payment schedule described in    
clause 7i77,,ii71 the ,secretary shall  
reinstate the order issued under        
paragraph 7#a7 until the employer is in 
compliance with such terms4  7#c7       
,review for reconsideration  7,a7 ,in   

general ,an employer against whom an    
order is issued under paragraph 7#a7 may
 request a review by the ,secretary to  
contest the order4  7,b7 ,requests ,a   
request under subparagraph 7,a7 shall be
 made in writing to the ,secretary not  
more than #e days after the issuance of 
the order4  7,c7 ,requirements for      
review  7i7 ,in general ,a review under 
this paragraph shall-- 7,i7 commence not
 later than #bd hours after a request is
 made under subparagraph 7,b72 and      
7,,ii7 conclude not later than #bd hours
 after such commencement4  7ii7         
,determination ,not later than #gb hours
 after a review concludes under clause  
7i77,,ii71 the ,secretary shall         
determine whether to affirm1 modify1 or 
revoke the contested order4  7#d7       
,hearing and appeals ,any person        
aggrieved by a determination of the     
,secretary under paragraph 7#c77;,c77ii7
 may-- 7,a7 request a hearing to appeal 
such determination to an administrative 
law judge2 and  7,b7 appeal an order of 

an administrative law judge under       
subparagraph 7,a7 to any ,federal or    
,state court of competent jurisdiction4 
7#e7 ,action for injunction ,the        
,secretary may petition any district    
court of the ,united ,states to restrain
 a violation of an order issued under   
paragraph 7#a74 ,a court shall issue    
such relief if the ,secretary has       
demonstrated it is just and proper4     
7#f7 ,compensation for lost work  7,a7  
,in general ,subject to subparagraph    
7,b71 an employer with respect to whom  
an order is issued under paragraph 7#a7 
shall pay each eligible employee of the 
employer who loses compensation due to  
the work of such employee ceasing as a  
result of such order1 the compensation  
that would be owed to such employee if  
the order was not issued4  7,b7         
,limitation ,compensation paid under    
subparagraph 7,a7 shall be for each day1
 not to exceed #aj days1 for which the  
eligible employee would be paid if the  
order described in such subparagraph    

were not in effect4  7#g7 ,successfully 
disproving occurrence of                
misclassification  7,a7 ,in general ,in 
any case where an employer with respect 
to whom an order was issued under       
paragraph 7#a7 successfully proves      
through a review under paragraph 7#c71  
or a subsequent hearing or appeals      
proceeding under paragraph 7#d71 that   
the #b or more individuals who were the 
subject of the order were not           
misclassified in violation of section   
#aje7;c7-- 7i7 the order issued under   
paragraph 7#a71 and any order issued    
against the employer under subsection   
7a77#a7 with respect to such #b or more 
individuals1 shall cease to be in       
effect2  7ii7 the employer shall not be 
liable for any applicable back pay1     
damages1 or civil penalties owed by the 
employer under this title with respect  
to the misclassification of such #b or  
more individuals2 and  7iii7 the        
,secretary of ,labor1 administrative law
 judge1 or court1 as applicable1 shall  

award 7and the ,secretary of the        
,treasury shall1 in accordance with     
subparagraph 7,b71 pay7 to the          
employer--  7,i7 an amount equal to any 
demonstrable lost net profits resulting 
from the order1 as demonstrated by clear
 and convincing evidence2 and  7,,ii7   
reasonable fees and expenses of         
attorneys in the same manner as such    
fees and expenses could be awarded under
 section #bdab of title #bh1 ,united    
,states ,code1 if the employer was a    
prevailing party and the review1        
hearing1 or appeals proceeding was a    
civil action brought by or against the  
,united ,states4  7,b7 ,source of funds 
,the ,secretary of the ,treasury shall1 
upon notification by the ,secretary of  
,labor1 administrative law judge1 or    
court1 as applicable1 pay any amounts1  
fees1 or expenses awarded under         
subparagraph 7,a77iii7 from amounts     
available in the general fund of the    
,treasury4  4  7,b7 ,penalties ,section 
#ajg7;b7 of the ,family and ,medical    

,leave ,act of #aiic 7#bi ,u4,s4,c4     
#bfag7;b771 as amended by paragraph     
7#a77;,c71 is further amended by adding 
at the end the following3  7#e7         
,penalties for violations of            
reclassification orders  7,a7 ,civil    
penalties ,any employer who violates a  
reclassification order issued by the    
,secretary under section #ajg;,a7a77#a7 
shall be subject to a civil penalty of  
not less than #e1jjj per day1 with each 
day constituting a separate offense4    
7,b7 ,additional damages ,in any case in
 which an employer contests a           
reclassification order issued under     
paragraph 7#a7 of section #ajg;,a7a7 in 
a review under paragraph 7#c7 of such   
section1 a hearing under paragraph      
7#d77;,a7 of such section1 and a        
subsequent judicial proceeding under    
paragraph 7#d77;,b7 of such section1 and
 the court in such proceeding rules in  
favor of the ,secretary--  7i7 the court
 shall determine if1 during the period  
between the issuance of such order and  

the conclusion of the proceeding1 the   
employer violated such order by not     
classifying the #a or more individuals  
as eligible employees during that       
period2 and  7ii7 if the court          
determines the employer so violated the 
order during that period--  7,i7 the    
court shall determine the amount of net 
profits derived by the employer from the
 individuals' labor during that period2 
and  7,,ii7 the court shall assess      
damages in the amount determined under  
subclause 7,i71 which damages shall be  
awarded to such individuals by the      
court4  4  7i7 ,federal ,unemployment   
,tax ,act 7,,futa7  7#a7 ,in general    
,section #ccjf of the ,internal ,revenue
 ,code of #aihf is amended by adding at 
the end the following new subsection3   
7w7 ,special rules for purposes of      
defining employer and employee ,in      
defining employer and employee for      
purposes of this chapter1 such          
definitions shall comply with the       
following3  7#a7 ,paragraph 7#d7 of     

section #c7;d7 of the ,fair ,labor      
,standards ,act of #aich4  7#b7         
,paragraphs 7#f71 7#g71 7#h71 and 7#i7  
of section #c7;e7 of such ,act4  4  7#b7
 ,effective date ,the amendments made by
 paragraph 7#a7 shall apply to services 
rendered on or after ,january #a1 #bjbb4
  ,,ii ,small business protection       
through shared responsibility for       
workers' rights  #bja4 ,general shared  
responsibility for workers' rights  7a7 
,fair ,labor ,standards ,act of #aich   
,section #c7;d7 of the ,fair ,labor     
,standards ,act of #aich 7#bi ,u4,s4,c4 
#bjc7;d771 as amended by section        
#ajb7;a77#f77;,a71 is further amended by
 adding at the end the following3  7#e7 
,multiple employers  7,a7 ,rule of      
interpretation ,this paragraph-- 7i7 is 
to be read as an addition to1 and an    
augmentation and expansion of1 all      
relevant judicial and agency            
interpretations in existence on the date
 of enactment of the ,worker            
,flexibility and ,small ,business       

,protection ,act of #bjbj regarding     
which persons qualify as employers in   
relation to a given employee under this 
,act1 including in a multiple employer  
or joint employment structure2  7ii7    
shall not be interpreted by any court or
 agency as a restriction on1 or         
narrowing of1 any such interpretations2 
and  7iii7 is not a codification of the 
common law and shall not be interpreted 
to reflect1 or to be limited or         
restricted by1 common law               
interpretations regarding whether a     
person is an employer of a given        
employee or whether multiple persons are
 employers of a given employee4  7,b7   
,in general ,two or more persons shall  
be employers with respect to an employee
 if each such person individually1      
acting directly or indirectly1 is an    
employer of the employee1 based on and  
in accordance with the meaning given the
 term employer under paragraphs 7#a71   
7#b71 and 7#c7 of this subsection1 the  
definition of employee under subsection 

7e71 and the definition of employ under 
subsection 7g74  7,c7 ,additional       
multiple employer determinations        
,notwithstanding subparagraph 7,b71 #b  
or more persons shall be employers1     
acting directly or indirectly1 with     
respect to an employee if--  7i7 each   
such person directly or indirectly      
benefits or seeks to directly or        
indirectly benefit from the performance 
of labor by an employee2 and  7ii7 7,i7 
each such person exerts actual direction
 or control1 directly or indirectly1    
over any material term or condition of  
employment of the employee1 including   
through an intermediary2  7,,ii7 each   
such person exerts functional direction 
or control1 directly or indirectly1 over
 any material term or condition of      
employment of the employee1 including   
through an intermediary2  7,,iii7 each  
such person is legally capable1 without 
regard as to whether such capability is 
used1 of directly or indirectly--  7aa7 
exerting direction or control over any  

material term or condition of employment
 of the employee2  7bb7 ensuring        
compliance with the requirements of this
 ,act with regard to the employee's     
performance of such labor2 or  7cc7     
upholding the rights and protections of 
this ,act with regard to the employee's 
performance of such labor2 or  7,,iv7   
based on an act or omission of the #b or
 more persons1 the employee reasonably  
believed that such persons were the     
employee's employers and the employee   
did not have actual knowledge that any  
of the persons were not the employee's  
employer under this ,act4  4  7b7       
,national ,labor ,relations ,act        
,section #b7b7 of the ,national ,labor  
,relations ,act 7#bi ,u4,s4,c4 #aeb7b771
 as amended by section                  
#ajb7;b77#f77;,a71 is further amended by
 adding at the end the following3  7,c7 
,multiple employers  7i7 ,rule of       
interpretation ,this subparagraph--     
7,i7 is to be read as an addition to1   
and an augmentation and expansion of1   

all relevant judicial and agency        
interpretations in existence on the date
 of enactment of the ,worker            
,flexibility and ,small ,business       
,protection ,act of #bjbj regarding     
which persons qualify as employers in   
relation to a given employee under this 
,act1 including in a multiple employer  
or joint employment structure2  7,,ii7  
shall not be interpreted by any court or
 agency as a restriction on1 or         
narrowing of1 any such interpretations2 
and  7,,iii7 is not a codification of   
the common law and shall not be         
interpreted to reflect1 or to be limited
 or restricted by1 common law           
interpretations regarding whether a     
person is an employer of a given        
employee or whether multiple persons are
 employers of a given employee4  7ii7   
,in general ,two or more persons shall  
be employers with respect to an employee
 if each such person individually1      
acting directly or indirectly1 is an    
employer of the employee1 based on and  

in accordance with the meanings given   
the term employer under subparagraph    
7,a7 and the term employee under        
paragraph 7#c74  7iii7 ,additional      
multiple employer determinations        
,notwithstanding clause 7ii71 #b or more
 persons shall be employers1 acting     
directly or indirectly1 with respect to 
an employee if-- 7,i7 each such person  
directly or indirectly benefits or seeks
 to directly or indirectly benefit from 
the performance of labor by an employee2
 and  7,,ii7  7aa7 each such person     
exerts actual direction or control1     
directly or indirectly1 over any        
material term or condition of employment
 of the employee1 including through an  
intermediary2  7bb7 each such person    
exerts functional direction or control1 
directly or indirectly1 over any        
material term or condition of employment
 of the employee1 including through an  
intermediary2  7cc7 each such person is 
legally capable1 without regard as to   
whether such capability is used1 of     

directly or indirectly-- 7,,aa7 exerting
 direction or control over any material 
term or condition of employment of the  
employee2 7,,bb7 ensuring compliance    
with the requirements of this ,act with 
regard to the employee's performance of 
such labor2 or 7,,cc7 upholding the     
rights and protections of this ,act with
 regard to the employee's performance of
 such labor2  7dd7 based on an act or   
omission of the #b or more persons1 the 
employee reasonably believed that such  
persons were the employee's employers   
and the employee did not have actual    
knowledge that any of the persons were  
not the employee's employer under this  
,act2 or  7ee7 based on the totality of 
the circumstances of the industrial     
realities1 including the way separate   
persons have structured their commercial
 relationship1 #b or more persons wield 
sufficient influence over any material  
term or condition of employment of the  
employee such that meaningful bargaining
 could not occur in the absence of the  

#b or more persons4  4  7c7             
,occupational ,safety and ,health ,act  
of #aigj ,section #c7e7 of the          
,occupational ,safety and ,health ,act  
of #aigj 7#bi ,u4,s4,c4 #feb7e771 as    
amended by section #ajb7;c77#f77;,a71 is
 further amended by adding at the end   
the following3  7,c7 ,multiple employers
  7i7 ,rule of interpretation ,this     
subparagraph--  7,i7 is to be read as an
 addition to1 and an augmentation and   
expansion of1 all relevant judicial and 
agency interpretations in existence on  
the date of enactment of the ,worker    
,flexibility and ,small ,business       
,protection ,act of #bjbj regarding     
which persons qualify as employers in   
relation to a given employee under this 
,act1 including in a multiple employer  
or joint employment structure2  7,,ii7  
shall not be interpreted by any court or
 agency as a restriction on1 or         
narrowing of1 any such interpretations2 
and  7,,iii7 is not a codification of   
the common law and shall not be         

interpreted to reflect1 or to be limited
 or restricted by1 common law           
interpretations regarding whether a     
person is an employer of a given        
employee or whether multiple persons are
 employers of a given employee4  7ii7   
,in general ,two or more persons shall  
be employers with respect to an employee
 if each such person individually1      
acting directly or indirectly1 is an    
employer of the employee1 based on and  
in accordance with the meaning given the
 term employer under subparagraph 7,a7  
and the definition of employee under    
paragraph 7#f74  7iii7 ,additional      
multiple employer determinations        
,notwithstanding clause 7ii71 #b or more
 persons shall be employers1 acting     
directly or indirectly1 with respect to 
an employee if-- 7,i7 each such person  
directly or indirectly benefits or seeks
 to directly or indirectly benefit from 
the performance of labor by an employee2
 and  7,,ii7  7aa7 each such person     
exerts actual direction or control1     

directly or indirectly1 over any        
material term or condition of employment
 of the employee1 including through an  
intermediary2  7bb7 each such person    
exerts functional direction or control1 
directly or indirectly1 over any        
material term or condition of employment
 of the employee1 including through an  
intermediary2  7cc7 each such person is 
legally capable1 without regard as to   
whether such capability is used1 of     
directly or indirectly-- 7,,aa7 exerting
 direction or control over any material 
term or condition of employment of the  
employee2 7,,bb7 ensuring compliance    
with the requirements of this ,act with 
regard to the employee's performance of 
such labor2 or 7,,cc7 upholding the     
rights and protections of this ,act with
 regard to the employee's performance of
 such labor2 or  7dd7 based on an act or
 omission of the #b or more persons1 the
 employee reasonably believed that such 
persons were the employee's employers   
and the employee did not have actual    

knowledge that any of the persons were  
not the employee's employer under this  
,act4  4  7d7 ,federal ,mine ,safety and
 ,health ,act of #aigg ,the ,federal    
,mine ,safety and ,health ,act of #aigg 
7#cj ,u4,s4,c4 #hja et seq471 as amended
 by paragraphs 7#a7 and 7#b7 of section 
#ajb7;d71 is further amended by         
inserting after section #d;,a the       
following3  #d;,b4 ,applicability to    
multiple employers and related entities 
7a7 ,multiple employers  7#a7 ,rule of  
interpretation ,this subsection-- 7,a7  
is to be read as an addition to1 and an 
augmentation and expansion of1 all      
relevant judicial and agency            
interpretations in existence on the date
 of enactment of the ,worker            
,flexibility and ,small ,business       
,protection ,act of #bjbj regarding     
which persons qualify as operators in   
relation to a given miner under this    
,act1 including in a multiple employer  
or joint employment structure2  7,b7    
shall not be interpreted by any court or

 agency as a restriction on1 or         
narrowing of1 any such interpretations2 
and  7,c7 is not a codification of the  
common law and shall not be interpreted 
to reflect1 or to be limited or         
restricted by1 common law               
interpretations regarding whether a     
person is an employer of a given miner  
or whether multiple persons are         
employers with respect to a given miner4
  7#b7 ,in general ,two or more persons 
shall be employers with respect to a    
miner of a coal or other mine if1 based 
on the definitions given the terms      
operator and miner in section #c1 each  
such person individually satisfies the  
definition of an operator under this    
,act in relation to a given miner4  7#c7
 ,additional multiple employer          
determinations ,notwithstanding         
paragraph 7#b71 #b or more persons shall
 be employers1 acting directly or       
indirectly1 with respect to a miner of a
 coal or other mine if--  7,a7 one of   
the persons is an operator of a coal or 

other mine and the miner is performing  
labor for the operator2  7,b7 each such 
person directly or indirectly benefits  
or seeks to directly or indirectly      
benefit from the performance of labor by
 the miner2 and  7,c7  7i7 each such    
person exerts actual direction or       
control1 directly or indirectly1 over   
any material term or condition of       
employment of the miner1 including      
through an intermediary2  7ii7 each such
 person exerts functional direction or  
control1 directly or indirectly1 over   
any material term or condition of       
employment of the miner1 including      
through an intermediary2  7iii7 each    
such person is legally capable1 without 
regard as to whether such capability is 
used1 of directly or indirectly-- 7,i7  
exerting direction or control over any  
material term or condition of employment
 of the miner2  7,,ii7 ensuring         
compliance with the requirements of this
 ,act with regard to the miner's        
performance of such labor2 or  7,,iii7  

upholding the rights and protections of 
this ,act with regard to the miner's    
performance of such labor2 or  7iv7     
based on an act or omission of the #b or
 more persons1 the miner reasonably     
believed that such persons were the     
miner's employers and the miner did not 
have actual knowledge that any of the   
persons were not the miner's employer   
under this ,act4  4  7e7 ,migrant and   
,seasonal ,agricultural ,worker         
,protection ,act ,section #e of the     
,migrant and ,seasonal ,agricultural    
,worker ,protection ,act 7#bi ,u4,s4,c4 
#ahjc71 as redesignated by section      
#ajb7;e77#a77;,a71 is further amended by
 adding at the end the following3  7c7  
,expanded applicability  7#a7           
,responsibility of agricultural         
employers and agricultural associations 
for workers of farm labor contractors   
,in any case where an agricultural      
employer or an agricultural association 
has entered into an agreement with a    
farm labor contractor to provide migrant

 agricultural workers or seasonal       
agricultural workers to the employer or 
association1 both the agricultural      
employer or association and the farm    
labor contractor shall be responsible   
for the rights and protections of this  
,act with regard to the migrant         
agricultural worker or seasonal         
agricultural worker1 as the case may be1
 in any case where the farm labor       
contractor is responsible for the rights
 and protections of this ,act4  7#b7    
,multiple employers  7,a7 ,rule of      
interpretation ,this paragraph--  7i7 is
 to be read as an addition to1 and an   
augmentation and expansion of1 all      
relevant judicial and agency            
interpretations in existence on the date
 of enactment of the ,worker            
,flexibility and ,small ,business       
,protection ,act of #bjbj regarding     
which persons qualify as agricultural   
employers1 agricultural associations1 or
 farm labor contractors in relation to a
 given employee under this ,act1        

including in a multiple employer or     
joint employment structure2  7ii7 shall 
not be interpreted by any court or      
agency as a restriction on1 or narrowing
 of1 any such interpretations2 and      
7iii7 is not a codification of the      
common law and shall not be interpreted 
to reflect1 or to be limited or         
restricted by1 common law               
interpretations regarding whether a     
person is an employer of a given migrant
 agricultural worker or seasonal        
agricultural worker or whether multiple 
persons are employers of a given worker4
  7,b7 ,in general ,two or more persons1
 acting directly or indirectly1 shall be
 responsible for the rights and         
protections of this ,act with respect to
 a migrant agricultural worker or       
seasonal agricultural worker1 if based  
on the application of the definitions of
 agricultural association1 agricultural 
employer1 agricultural employment1      
employ1 farm labor contractor1 migrant  
agricultural worker1 and seasonal       

agricultural worker under section #c1   
each such person individually satisfies 
the definition of a farm labor          
contractor1 agricultural employer1 or   
agricultural association under this ,act
 in relation to a given migrant         
agricultural worker or seasonal         
agricultural worker4  7,c7 ,additional  
multiple employer determinations        
,notwithstanding subparagraph 7,b71 #b  
or more persons1 acting directly or     
indirectly1 shall be responsible for the
 rights and protections of this ,act    
with respect to a migrant agricultural  
worker or seasonal agricultural worker  
if-- 7i7 one of the persons is a farm   
labor contractor1 agricultural employer1
 or agricultural association and the    
migrant agricultural worker or seasonal 
agricultural worker is performing labor 
for such person2  7ii7 each such person 
directly or indirectly benefits or seeks
 to directly or indirectly benefit from 
the performance of labor by the worker2 
and  7iii7 7,i7 each such person exerts 

actual direction or control1 directly or
 indirectly1 over any material term or  
condition of employment of the worker1  
including through an intermediary2      
7,,ii7 each such person exerts          
functional direction or control1        
directly or indirectly1 over any        
material term or condition of employment
 of the worker1 including through an    
intermediary2  7,,iii7 each such person 
is legally capable1 without regard as to
 whether such capability is used1 of    
directly or indirectly--  7aa7 exerting 
direction or control over any material  
term or condition of employment of the  
worker2  7bb7 ensuring compliance with  
the requirements of this ,act with      
regard to the worker's performance of   
such labor2 or  7cc7 upholding the      
rights and protections of this ,act with
 regard to the worker's performance of  
such labor2 or  7,,iv7 based on an act  
or omission of the #b or more persons1  
the worker reasonably believed that each
 such person was a farm labor           

contractor1 agricultural employer1 or   
agricultural association that employed  
the worker and the worker did not have  
actual knowledge that any of the persons
 were not the worker's employer for     
purposes of this this ,act4  7#c7       
,interaction with registration          
requirements ,notwithstanding paragraph 
7#b71 an agricultural employer or       
agricultural association shall not be   
subject to liability for any violation  
of title ,i by a farm labor contractor4 
4  7f7 ,davis-,bacon ,act ,subchapter   
,,iv of chapter #ca of title #dj1       
,united ,states ,code1 as amended by    
section #ajb7;f77#e71 is further amended
 by inserting after section #cadd;a the 
following3  #cadd;b4 ,applicability to  
multiple employers and related entities 
7a7 ,multiple employers  7#a7 ,rule of  
interpretation ,this subsection-- 7,a7  
is to be read as an addition to1 and an 
augmentation and expansion of1 all      
relevant judicial and agency            
interpretations in existence on the date

 of enactment of the ,worker            
,flexibility and ,small ,business       
,protection ,act of #bjbj regarding     
which persons qualify as employers in   
relation to a given laborer or mechanic 
under this subchapter1 including in a   
multiple employer or joint employment   
structure2  7,b7 shall not be           
interpreted by any court or agency as a 
restriction on1 or narrowing of1 any    
such interpretations2 and  7,c7 is not a
 codification of the common law and     
shall not be interpreted to reflect1 or 
to be limited or restricted by1 common  
law interpretations regarding whether a 
person is an employer of a given laborer
 or mechanic or whether multiple persons
 are employers of a laborer or mechanic4
  7#b7 ,additional multiple employer    
determinations ,two or more persons1    
acting directly or indirectly1 shall be 
responsible for the rights and          
protections of this subchapter with     
respect to a laborer or mechanic if--   
7,a7 one of the persons is a contractor1

 or subcontractor1 for a contract to    
which this subchapter applies and the   
laborer or mechanic is performing labor 
under such contract2  7,b7 each such    
person directly or indirectly benefits  
or seeks to directly or indirectly      
benefit from the performance of labor by
 the laborer or mechanic2 and  7,c7 7i7 
each such person exerts actual direction
 or control1 directly or indirectly1    
over any material term or condition of  
employment of the laborer or mechanic1  
including through an intermediary2  7ii7
 each such person exerts functional     
direction or control1 directly or       
indirectly1 over any material term or   
condition of employment of the laborer  
or mechanic1 including through an       
intermediary2  7iii7 each such person is
 legally capable1 without regard as to  
whether such capability is used1 of     
directly or indirectly--  7,i7 exerting 
direction or control over any material  
term or condition of employment of the  
laborer or mechanic2  7,,ii7 ensuring   

compliance with the requirements of this
 subchapter with regard to the laborer  
or mechanic's performance of such labor2
 or  7,,iii7 upholding the rights and   
protections of this subchapter with     
regard to the laborer or mechanic's     
performance of such labor2 or  7iv7     
based on an act or omission of the #b or
 more persons1 the laborer or mechanic  
reasonably believed that such persons   
were the laborer or mechanic's employers
 and the laborer or mechanic did not    
have actual knowledge that any of the   
persons were not the laborer or         
mechanic's employer under this          
subchapter4  4  7g7 ,mc,namara-,o',hara 
,service ,contract ,act ,chapter #fg of 
title #da1 ,united ,states ,code1 is    
amended by inserting after section #fgja
 the following3  #fgja;a4 ,applicability
 to multiple employers and related      
entities  7a7 ,multiple employers  7#a7 
,rule of interpretation ,this           
subsection--  7,a7 is to be read as an  
addition to1 and an augmentation and    

expansion of1 all relevant judicial and 
agency interpretations in existence on  
the date of enactment of the ,worker    
,flexibility and ,small ,business       
,protection ,act of #bjbj regarding     
which persons qualify as employers in   
relation to a given service employee    
under this chapter1 including in a      
multiple employer or joint employment   
structure2  7,b7 shall not be           
interpreted by any court or agency as a 
restriction on1 or narrowing of1 any    
such interpretations2 and  7,c7 is not a
 codification of the common law and     
shall not be interpreted to reflect1 or 
to be limited or restricted by1 common  
law interpretations regarding whether a 
person is an employer of a given service
 employee or whether multiple persons   
are employers of a service employee4    
7#b7 ,additional multiple employer      
determinations ,two or more persons1    
acting directly or indirectly1 shall be 
responsible for the rights and          
protections of this chapter with respect

 to a service employee if--  7,a7 one of
 the persons is a contractor1 or        
subcontractor1 for a contract to which  
this chapter applies and the service    
employee is performing labor under such 
contract2  7,b7 each such person        
directly or indirectly benefits or seeks
 to directly or indirectly benefit from 
the performance of labor by the service 
employee2 and  7,c7  7i7 each such      
person exerts actual direction or       
control1 directly or indirectly1 over   
any material term or condition of       
employment of the service employee1     
including through an intermediary2  7ii7
 each such person exerts functional     
direction or control1 directly or       
indirectly1 over any material term or   
condition of employment of the service  
employee1 including through an          
intermediary2  7iii7 each such person is
 legally capable1 without regard as to  
whether such capability is used1 of     
directly or indirectly-- 7,i7 exerting  
direction or control over any material  

term or condition of employment of the  
service employee2  7,,ii7 ensuring      
compliance with the requirements of this
 chapter with regard to the service     
employee's performance of such labor2 or
  7,,iii7 upholding the rights and      
protections of this chapter with regard 
to the service employee's performance of
 such labor2 or  7iv7 based on an act or
 omission of the #b or more persons1 the
 service employee reasonably believed   
that such persons were the service      
employee's employers and the service    
employee did not have actual knowledge  
that any of the persons were not the    
service employee's employer under this  
chapter4  4  7h7 ,walsh-,healey ,public 
,contracts ,act ,chapter #fe of title   
#da1 ,united ,states ,code1 is amended  
by inserting after section #feja;a the  
following3  #feja;b4 ,applicability to  
multiple employers and related entities 
7a7 ,multiple employers  7#a7 ,rule of  
interpretation ,this subsection-- 7,a7  
is to be read as an addition to1 and an 

augmentation and expansion of1 all      
relevant judicial and agency            
interpretations in existence on the date
 of enactment of the ,worker            
,flexibility and ,small ,business       
,protection ,act of #bjbj regarding     
which persons qualify as employers in   
relation to a given individual          
performing labor in the manufacture or  
furnishing of materials1 supplies1      
articles1 or equipment under a contract 
subject to this chapter1 including in a 
multiple employer or joint employment   
structure2  7,b7 shall not be           
interpreted by any court or agency as a 
restriction on1 or narrowing of1 any    
such interpretations2 and  7,c7 is not a
 codification of the common law and     
shall not be interpreted to reflect1 or 
to be limited or restricted by1 common  
law interpretations regarding whether a 
person is an employer of an individual  
described in subparagraph 7,a7 or       
whether multiple persons are employers  
of such individual4  7#b7 ,additional   

multiple employer determinations ,two or
 more persons1 acting directly or       
indirectly1 shall be responsible for the
 rights and protections of this chapter 
with respect to an individual if-- 7,a7 
one of the persons is a contractor for a
 contract to which this chapter applies 
and the individual is performing labor  
in the manufacture or furnishing of     
materials1 supplies1 articles1 or       
equipment under the contract2  7,b7 each
 such person directly or indirectly     
benefits or seeks to directly or        
indirectly benefit from such performance
 of labor by the individual2 and  7,c7  
7i7 each such person exerts actual      
direction or control1 directly or       
indirectly1 over any material term or   
condition of employment of the          
individual2  7ii7 each such person      
exerts functional direction or control1 
directly or indirectly1 over any        
material term or condition of employment
 of the individual1 including through an
 intermediary2  7iii7 each such person  

is legally capable1 without regard as to
 whether such capability is used1 of    
directly or indirectly--  7,i7 exerting 
direction or control over any material  
term or condition of employment of the  
individual2  7,,ii7 ensuring compliance 
with the requirements of this chapter   
with regard to the individual's         
performance of such labor2 or  7,,iii7  
upholding the rights and protections of 
this chapter with regard to the         
individual's performance of such labor2 
or  7iv7 based on an act or omission of 
the #b or more persons1 the individual  
reasonably believed that such persons   
were the individual's employers and the 
individual did not have actual knowledge
 that any of the persons were not the   
individual's employer under this        
chapter4  4  7i7 ,family and ,medical   
,leave ,act of #aiic ,section #aja7d7 of
 the ,family and ,medical ,leave ,act of
 #aiic 7#bi ,u4,s4,c4 #bfaa7d771 as     
amended by section #ajb7;h77#c71 is     
further amended by adding at the end the

 following3  7,d7 ,multiple employers   
7i7 ,rule of interpretation ,this       
subparagraph--  7,i7 is to be read as an
 addition to1 and an augmentation and   
expansion of1 all relevant judicial and 
agency interpretations in existence on  
the date of enactment of the ,worker    
,flexibility and ,small ,business       
,protection ,act of #bjbj regarding     
which persons qualify as employers in   
relation to a given employee under this 
,act1 including in a multiple employer  
or joint employment structure2  7,,ii7  
shall not be interpreted by any court or
 agency as a restriction on1 or         
narrowing of1 any such interpretations2 
and  7,,iii7 is not a codification of   
the common law and shall not be         
interpreted to reflect1 or to be limited
 or restricted by1 common law           
interpretations regarding whether a     
person is an employer of a given        
employee or whether multiple persons are
 employers of a given employee4  7ii7   
,in general ,two or more persons shall  

be employers with respect to an employee
 if each such person individually1      
acting directly or indirectly1 is an    
employer1 based on and in accordance    
with the meaning given the term employer
 under subparagraphs 7,a7 and 7,b7 of   
this paragraph1 and the definitions of  
employ and employee under paragraph     
7#c74  7iii7 ,additional multiple       
employer determinations ,notwithstanding
 clause 7ii71 #b or more persons shall  
be employers1 acting directly or        
indirectly1 with respect to an employee 
if-- 7,i7 each such person directly or  
indirectly benefits or seeks to directly
 or indirectly benefit from the         
performance of labor by an employee2 and
  7,,ii7  7aa7 each such person exerts  
actual direction or control1 directly or
 indirectly1 over any material term or  
condition of employment of the employee1
 including through an intermediary2     
7bb7 each such person exerts functional 
direction or control1 directly or       
indirectly1 over any material term or   

condition of employment of the employee1
 including through an intermediary2     
7cc7 each such person is legally        
capable1 without regard as to whether   
such capability is used1 of directly or 
indirectly-- 7,,aa7 exerting direction  
or control over any material term or    
condition of employment of the employee2
 7,,bb7 ensuring compliance with the    
requirements of this ,act with regard to
 the employee2 or 7,,cc7 upholding the  
rights and protections of this ,act with
 regard to the employee2 or  7dd7 based 
on an act or omission of the #b or more 
persons1 the employee reasonably        
believed that such persons were the     
employee's employers and the employee   
did not have actual knowledge that any  
of the persons were not the employee's  
employer under this ,act4  4  7j7       
,federal ,unemployment ,tax ,act        
7,,futa7  7#a7 ,in general ,section     
#ccjf7w7 of the ,internal ,revenue ,code
 of #aihf1 as added by section #ajb7;j71
 is amended by adding at the end the    

following new paragraph3  7#c7          
,paragraph 7#e7 of section #c7;d7 of    
such ,act4  4  7#b7 ,effective date ,the
 amendment made by paragraph 7#a7 shall 
apply to services rendered on or after  
,january #a1 #bjbb4  #bjb4 ,massive     
corporations  7a7 ,joint responsibility 
for all corporate family employees  7#a7
 ,fair ,labor ,standards ,act of #aich  
,section #c7;d7 of the ,fair ,labor     
,standards ,act of #aich 7#bi ,u4,s4,c4 
#bjc7;d771 as amended by section        
#bja7;a71 is further amended by adding  
at the end the following3  7#f7         
,subsidiaries ,an employer shall also be
 responsible for the rights and         
protections of this ,act with regard to 
an employee of a subsidiary of the      
employer1 or subsidiary under a         
subsidiary1 in any case where the       
subsidiary is responsible for the rights
 and protections of this ,act for the   
employee4  4  7#b7 ,national ,labor     
,relations ,act ,section #b7b7 of the   
,national ,labor ,relations ,act 7#bi   

,u4,s4,c4 #aeb7b771 as amended by       
section #bja7;b71 is further amended by 
adding at the end the following3  7,d7  
,subsidiaries ,an employer shall also be
 responsible for the rights and         
protections of this ,act with regard to 
an employee of a subsidiary of the      
employer1 or subsidiary under a         
subsidiary1 in any case where the       
subsidiary is responsible for the rights
 and protections of this ,act for the   
employee4  4  7#c7 ,occupational ,safety
 and ,health ,act of #aigj ,section     
#c7e7 of the ,occupational ,safety and  
,health ,act of #aigj 7#bi ,u4,s4,c4    
#feb7e771 as amended by section         
#bja7;c71 is further amended by adding  
at the end the following3  7,e7         
,subsidiaries ,an employer shall also be
 responsible for the rights and         
protections of this ,act with regard to 
an employee of a subsidiary of the      
employer1 or subsidiary under a         
subsidiary1 in any case where the       
subsidiary is responsible for the rights

 and protections of this ,act for the   
employee4  4  7#d7 ,federal ,mine       
,safety and ,health ,act of #aigg       
,section #d;,b of the ,federal ,mine    
,safety and ,health ,act of #aigg1 as   
added by section #bja7;d71 is further   
amended by adding at the end the        
following3  7b7 ,subsidiaries ,an       
employer shall also be responsible for  
the rights and protections of this ,act 
with regard to a miner of a coal or     
other mine who is an employee of a      
subsidiary of the employer1 or          
subsidiary under a subsidiary1 in any   
case where the subsidiary is responsible
 for the rights and protections of this 
,act for the miner4  4  7#e7 ,migrant   
and ,seasonal ,agricultural ,worker     
,protection ,act ,section #e7;c7 of the 
,migrant and ,seasonal ,agricultural    
,worker ,protection ,act 7#bi ,u4,s4,c4 
#ahjc7;c771 as added by section         
#bja7;e71 is further amended by adding  
at the end the following3  7#d7         
,subsidiaries ,an entity shall also be  

responsible for the rights and          
protections of this ,act with regard to 
an individual who is a migrant          
agricultural worker or seasonal         
agricultural worker employed by a farm  
labor contractor1 agricultural employer1
 or agricultural association1 that is a 
subsidiary of the entity1 or a          
subsidiary under such a subsidiary1 in  
any case where the subsidiary is        
responsible for the rights and          
protections of this ,act for the migrant
 agricultural worker or seasonal        
agricultural worker4  4  7#f7           
,davis-,bacon ,act ,section #cadd;b of  
title #dj1 ,united ,states ,code1 as    
added by section #bja7;f71 is further   
amended by adding at the end the        
following3  7b7 ,subsidiaries ,an entity
 shall also be responsible for the      
rights and protections of this          
subchapter with regard to a laborer or  
mechanic employed by a contractor or any
 subcontractor that is a subsidiary of  
the entity1 or a subsidiary under such a

 subsidiary1 in any case where the      
subsidiary is responsible for the rights
 and protections of this subchapter for 
the laborer or mechanic4  4  7#g7       
,mc,namara-,o',hara ,service ,contract  
,act ,section #fgja;a of title #da1     
,united ,states ,code1 as added by      
section #bja7;g71 is further amended by 
adding at the end the following3  7b7   
,subsidiaries ,an entity shall also be  
responsible for the rights and          
protections of this chapter with regard 
to a service employee of a contractor   
that is a subsidiary of the entity1 or a
 subsidiary under such a subsidiary1 in 
any case where the subsidiary is        
responsible for the rights and          
protections of this chapter for the     
service employee4  4  7#h7              
,walsh-,healey ,public ,contracts ,act  
,section #feja;b of title #da1 ,united  
,states ,code1 as added by section      
#bja7;h71 is further amended by adding  
at the end the following3  7b7          
,subsidiaries ,an entity shall also be  

responsible for the rights and          
protections of this chapter with regard 
to an individual employed by a          
contractor that is a subsidiary of the  
entity1 or a subsidiary under such a    
subsidiary1 in any case where the       
subsidiary is responsible for the rights
 and protections of this chapter for the
 individual4  4  7#i7 ,family and       
,medical ,leave ,act of #aiic ,section  
#aja7d7 of the ,family and ,medical     
,leave ,act of #aiic 7#bj ,u4,s4,c4     
#bfaa7d771 as amended by section        
#bja7;i71 is further amended by adding  
at the end the following3  7,e7         
,subsidiaries ,an employer shall also be
 responsible for the rights and         
protections of this ,act with regard to 
an employee of a subsidiary of the      
employer1 or subsidiary under a         
subsidiary1 in any case where the       
subsidiary is responsible for the rights
 and protections of this ,act for the   
employee4  4  7#aj7 ,federal            
,unemployment ,tax ,act 7,,futa7  7,a7  

,in general ,section #ccjf7w7 of the    
,internal ,revenue ,code of #aihf1 as   
amended by section #bja7;j71 is amended 
by adding at the end the following new  
paragraph3  7#d7 ,paragraph 7#f7 of     
section #c7;d7 of such ,act4  4  7,b7   
,effective date ,the amendment made by  
subparagraph 7,a7 shall apply to        
services rendered on or after ,january  
#a1 #bjbb4  7b7 ,joint responsibility as
 owners1 directors1 officers1 and       
managing agents  7#a7 ,fair ,labor      
,standards ,act of #aich ,section #af of
 the ,fair ,labor ,standards ,act of    
#aich 7#bi ,u4,s4,c4 #baf71 as amended  
by section #ajb7;a77#h77;,c71 is further
 amended by adding at the end the       
following3  7g7 ,owners1 directors1     
officers1 and managing agents  7#a7 ,in 
general ,in any action or proceeding for
 a violation of this ,act1 the          
,secretary or court may also assess a   
civil penalty for such violation against
 an owner1 director1 officer1 or        
managing agent of the employer if the   

,secretary or court determines1 based on
 the particular facts and circumstances 
presented1 that personal liability for  
the violation is warranted because the  
owner1 director1 officer1 or managing   
agent-- 7,a7 directed or committed the  
violation2  7,b7 established a policy   
that led to such a violation2 or  7,c7  
had actual or constructive knowledge of 
the violation1 had the authority to     
prevent the violation1 and failed to    
prevent the violation4  7#b7 ,amount of 
civil penalty ,the amount of1 or range  
for1 a civil penalty for a violation    
under paragraph 7#a7 shall1 in any case 
where a similar civil penalty against   
the employer is established by law1 be  
the amount or range for the civil       
penalty that may be assessed against the
 employer for such violation4  4  7#b7  
,national ,labor ,relations ,act        
,section #ab of the ,national ,labor    
,relations ,act 7#bi ,u4,s4,c4 #afb71 as
 amended by section #ajb7;b77#g77;,b71  
is further amended by adding at the end 

the following3  7e7 ,owners1 directors1 
officers1 and managing agents  7#a7 ,in 
general ,in any action or proceeding for
 a violation of this ,act1 the ,board or
 court may also assess a civil penalty  
for such violation against an owner1    
director1 officer1 or managing agent of 
the employer if the ,board or court     
determines1 based on the particular     
facts and circumstances presented1 that 
personal liability for the violation is 
warranted because the owner1 director1  
officer1 or managing agent-- 7,a7       
directed or committed the violation2    
7,b7 established a policy that led to   
such a violation2 or  7,c7 had actual or
 constructive knowledge of the          
violation1 had the authority to prevent 
the violation1 and failed to prevent the
 violation4  7#b7 ,amount of civil      
penalty ,the amount of1 or range for1 a 
civil penalty for a violation under     
paragraph 7#a7 shall1 in any case where 
a similar civil penalty against the     
employer is established by law1 be the  

amount or range for the civil penalty   
that may be assessed against the        
employer for such violation4  4  7#c7   
,occupational ,safety and ,health ,act  
of #aigj ,section #ag of the            
,occupational ,safety and ,health ,act  
of #aigj 7#bi ,u4,s4,c4 #fff71 as       
amended by section #ajb7;c77#g77;,b71 is
 amended by inserting after subsection  
7k7 the following3  7m7 ,owners1        
directors1 officers1 and managing agents
  7#a7 ,in general ,in any action or    
proceeding for a violation of this ,act1
 including any standard1 rule1          
regulation1 or order promulgated        
pursuant to this ,act1 the ,secretary or
 court may also assess a civil penalty  
for such violation against an owner1    
director1 officer1 or managing agent of 
the employer if the ,secretary or court 
determines1 based on the particular     
facts and circumstances presented1 that 
personal liability for the violation is 
warranted because the owner1 director1  
officer1 or managing agent-- 7,a7       

directed or committed the violation2    
7,b7 established a policy that led to   
such a violation2 or  7,c7 had actual or
 constructive knowledge of the          
violation1 had the authority to prevent 
the violation1 and failed to prevent the
 violation4  7#b7 ,amount of civil      
penalty ,the amount of1 or range for1 a 
civil penalty for a violation under     
paragraph 7#a7 shall1 in any case where 
a similar civil penalty against the     
employer is established by law1 be the  
amount or range for the civil penalty   
that may be assessed against the        
employer for such violation4  4  7#d7   
,federal ,mine ,safety and ,health ,act 
of #aigg  7,a7 ,in general ,title ,i of 
the ,federal ,mine ,safety and ,health  
,act of #aigg 7#cj ,u4,s4,c4 #hbj71 as  
amended by section #ajb7;d71 is further 
amended by adding at the end the        
following3  #aah4 ,liability of owners1 
directors1 officers1 managing agents1   
and large shareholders2 indemnification 
7a7 ,owners1 directors1 officers1 and   

managing agents  7#a7 ,in general ,in   
any action or proceeding for a violation
 of this ,act including any mandatory   
health or safety standard1 rule1 order1 
or regulation promulgated pursuant to   
this ,act1 the ,secretary or court may  
also assess a civil penalty against an  
owner1 director1 officer1 or managing   
agent of the operator or employer if the
 ,secretary or court determines1 based  
on the particular facts and             
circumstances presented1 that personal  
liability for the violation is warranted
 because the owner1 director1 officer1  
or managing agent-- 7,a7 directed or    
committed the violation2  7,b7          
established a policy that led to such a 
violation2 or  7,c7 had actual or       
constructive knowledge of the violation1
 had the authority to prevent the       
violation1 and failed to prevent the    
violation4  7#b7 ,amount of civil       
penalty ,the amount of1 or range for1 a 
civil penalty for a violation under     
paragraph 7#a7 shall1 in any case where 

a similar civil penalty against the     
employer is established by law1 be the  
amount or range for the civil penalty   
that may be assessed against the        
employer for such violation4  4  7#e7   
,migrant and ,seasonal ,agricultural    
,worker ,protection ,act ,title ,v of   
the ,migrant and ,seasonal ,agricultural
 ,worker ,protection ,act 7#bi ,u4,s4,c4
 #ahea et seq471 as amended by section  
#ajb7;e77#e77;,a71 is further amended by
 inserting after section #ejd the       
following3  #eje4 ,liability of owners1 
directors1 officers1 managing agents1   
and large shareholders2 indemnification 
7a7 ,civil penalty liability for owners1
 directors1 officers1 and managing      
agents of farm labor contractors1       
agricultural employers1 or agricultural 
associations  7#a7 ,in general ,in any  
action or proceeding for a violation of 
this ,act1 including any regulation     
under this ,act1 by a farm labor        
contractor1 agricultural employer1 or   
agricultural association1 the ,secretary

 or court may also assess a civil       
penalty for such violation against an   
owner1 director1 officer1 or managing   
agent of the farm labor contractor1     
agricultural employer1 or agricultural  
association if the ,secretary or court  
determines1 based on the particular     
facts and circumstances presented1 that 
personal liability for the violation is 
warranted because the owner1 director1  
officer1 or managing agent-- 7,a7       
directed or committed the violation2    
7,b7 established a policy that led to   
such a violation2 or  7,c7 had actual or
 constructive knowledge of the          
violation1 had the authority to prevent 
the violation1 and failed to prevent the
 violation4  7#b7 ,amount of civil      
penalty ,the amount of1 or range for1 a 
civil penalty for a violation under     
paragraph 7#a7 shall1 in any case where 
a similar civil penalty against the     
employer is established by law1 be the  
amount or range for the civil penalty   
that may be assessed against the        

employer for such violation4  4  7#f7   
,davis-,bacon ,act ,section #cadd;c of  
title #dj1 ,united ,states ,code1 as    
amended by section #ajb7;f77#f71 is     
further amended by adding at the end the
 following3  7d7 ,civil penalty         
liability for owners1 directors1        
officers1 and managing agents  7#a7 ,in 
general ,in any action or proceeding for
 a violation of this subchapter1 the    
,secretary of ,labor or court may also  
assess a civil penalty for such         
violation against an owner1 director1   
officer1 or managing agent of the       
contractor or subcontractor if the      
,secretary or court determines1 based on
 the particular facts and circumstances 
presented1 that personal liability for  
the violation is warranted because the  
owner1 director1 officer1 or managing   
agent-- 7,a7 directed or committed the  
violation2  7,b7 established a policy   
that led to such a violation2 or  7,c7  
had actual or constructive knowledge of 
the violation1 had the authority to     

prevent the violation1 and failed to    
prevent the violation4  7#b7 ,amount of 
civil penalty ,the amount of1 or range  
for1 a civil penalty for a violation    
under paragraph 7#a7 shall1 in any case 
where a similar civil penalty against   
the employer is established by law1 be  
the amount or range for the civil       
penalty that may be assessed against the
 contractor or subcontractor for such   
violation4  4  7#g7 ,mc,namara-,o',hara 
,service ,contract ,act ,chapter #fg of 
title #da1 ,united ,states ,code1 is    
amended--  7,a7 by redesignating        
sections #fgje1 #fgjf1 and #fgjg as     
sections #fgjf1 #fgjh1 and #fgji1       
respectively2 and  7,b7 by inserting    
after section #fgjf the following3      
#fgjg4 ,civil penalties assessed against
 owners1 directors1 officers1 managing  
agents1 and large shareholders2         
indemnification  7a7 ,civil penalty     
liability for owners1 directors1        
officers1 and managing agents  7#a7 ,in 
general ,in any action or proceeding for

 a violation of this chapter1 the       
,secretary or court may also assess a   
civil penalty for such violation against
 an owner1 director1 officer1 or        
managing agent of the contractor if the 
,secretary or court determines1 based on
 the particular facts and circumstances 
presented1 that personal liability for  
the violation is warranted because the  
owner1 director1 officer1 or managing   
agent-- 7,a7 directed or committed the  
violation2  7,b7 established a policy   
that led to such a violation2 or  7,c7  
had actual or constructive knowledge of 
the violation1 had the authority to     
prevent the violation1 and failed to    
prevent the violation4  7#b7 ,amount of 
civil penalty ,the amount of1 or range  
for1 a civil penalty for a violation    
under paragraph 7#a7 shall1 in any case 
where a similar civil penalty against   
the employer is established by law1 be  
the amount or range for the civil       
penalty that may be assessed against the
 contractor for such violation4  4  7#h7

 ,walsh-,healey ,public ,contracts ,act 
,section #fejf;b of title #da1 ,united  
,states ,code1 as amended by section    
#ajb7;g77#f71 is further amended by     
adding at the end the following3  7d7   
,civil penalties assessed against       
owners1 directors1 officers1 managing   
agents1 and large shareholders  7#a7 ,in
 general ,in any action or proceeding   
for a violation of this chapter1 the    
,secretary or court may also assess a   
civil penalty for such violation against
 an owner1 director1 officer1 or        
managing agent of the contractor if the 
,secretary or court determines1 based on
 the particular facts and circumstances 
presented1 that personal liability for  
the violation is warranted because the  
owner1 director1 officer1 or managing   
agent-- 7,a7 directed or committed the  
violation2  7,b7 established a policy   
that led to such a violation2 or  7,c7  
had actual or constructive knowledge of 
the violation1 had the authority to     
prevent the violation1 and failed to    

prevent the violation4  7#b7 ,amount of 
civil penalty ,the amount of1 or range  
for1 a civil penalty for a violation    
under paragraph 7#a7 shall1 in any case 
where a similar civil penalty against   
the employer is established by law1 be  
the amount or range for the civil       
penalty that may be assessed against the
 contractor for such violation4  4  7#i7
 ,family and ,medical ,leave ,act of    
#aiic ,section #ajg of the ,family and  
,medical ,leave ,act of #aiic 7#bi      
,u4,s4,c4 #bfag7 is amended--  7,a7 by  
redesignating subsections 7e7 and 7f7 as
 subsections 7i7 and 7j71 respectively2 
and  7,b7 by inserting after subsection 
7d7 the following3  7e7 ,owners1        
directors1 officers1 and managing agents
  7#a7 ,in general ,in any action or    
proceeding for a violation of this ,act1
 the ,secretary or court may also assess
 a civil penalty for such violation     
against an owner1 director1 officer1 or 
managing agent of the employer if the   
,secretary or court determines1 based on

 the particular facts and circumstances 
presented1 that personal liability for  
the violation is warranted because the  
owner1 director1 officer1 or managing   
agent-- 7,a7 directed or committed the  
violation2  7,b7 established a policy   
that led to such a violation2 or  7,c7  
had actual or constructive knowledge of 
the violation1 had the authority to     
prevent the violation1 and failed to    
prevent the violation4  7#b7 ,amount of 
civil penalty ,the amount of1 or range  
for1 a civil penalty for a violation    
under paragraph 7#a7 shall1 in any case 
where a similar civil penalty against   
the employer is established by law1 be  
the amount or range for the civil       
penalty that may be assessed against the
 employer for such violation4  4  7c7   
,responsibilities of #aj largest        
shareholders  7#a7 ,fair ,labor         
,standards ,act of #aich ,section #af of
 the ,fair ,labor ,standards ,act of    
#aich 7#bj ,u4,s4,c4 #baf71 as amended  
by subsection 7b77#a71 is further       

amended by adding at the end the        
following3  7h7 ,joint liability of     
large shareholders  7#a7 ,in general ,in
 any action or proceeding for a         
violation of this ,act1 the #aj largest 
shareholders of an employer1 as         
determined by the fair value for their  
beneficial interest as of the beginning 
of the period during which the violation
 occurred1 shall-- 7,a7 jointly and     
severally be personally liable for all  
violations of this ,act and for all     
damages awarded and civil penalties     
assessed for violations of this ,act2   
and  7,b7 notwithstanding subparagraph  
7,a71 be personally responsible for #aj 
percent of any damages1 civil penalties1
 or other restitution or fees assessed  
against the employer for the violations1
 with the employer responsible for not  
more than #ij percent4  7#b7 ,no        
reimbursement ,an employer may not      
refund in any way any amounts paid by a 
shareholder under paragraph 7#a74  4    
7#b7 ,national ,labor ,relations ,act   

,section #ab of the ,national ,labor    
,relations ,act 7#bi ,u4,s4,c4 #afb71 as
 amended by subsection 7b77#b71 is      
further amended by adding at the end the
 following3  7f7 ,joint liability of    
large shareholders  7#a7 ,in general ,in
 any action or proceeding for a         
violation of this ,act1 the #aj largest 
shareholders of an employer1 as         
determined by the fair value for their  
beneficial interest as of the beginning 
of the period during which the violation
 occurred1 shall--  7,a7 jointly and    
severally be personally liable for all  
violations of this ,act and for all     
damages awarded and civil penalties     
assessed for violations of this ,act2   
and  7,b7 notwithstanding subparagraph  
7,a71 be personally responsible for #aj 
percent of any damages1 civil penalties1
 or other restitution or fees assessed  
against the employer for the violations1
 with the employer responsible for not  
more than #ij percent4  7#b7 ,no        
reimbursement ,an employer may not      

refund in any way any amounts paid by a 
shareholder under paragraph 7#a74  4    
7#c7 ,occupational ,safety and ,health  
,act of #aigj ,section #ag of the       
,occupational ,safety and ,health ,act  
of #aigj 7#bi ,u4,s4,c4 #fff71 as       
amended by subsection 7b77#c71 is       
further amended by adding at the end the
 following3  7n7 ,joint liability of    
large shareholders  7#a7 ,in general ,in
 any action or proceeding for a         
violation of this ,act1 including any   
standard1 rule1 regulation1 or order    
promulgated pursuant to this ,act1 the  
#aj largest shareholders of an employer1
 as determined by the fair value for    
their beneficial interest as of the     
beginning of the period during which the
 violation occurred1 shall-- 7,a7       
jointly and severally be personally     
liable for all violations of this ,act  
and for all damages awarded and civil   
penalties assessed for violations of    
this ,act2 and  7,b7 notwithstanding    
subparagraph 7,a71 be personally        

responsible for #aj percent of any      
damages1 civil penalties1 or other      
restitution or fees assessed against the
 employer for the violations1 with the  
employer responsible for not more than  
#ij percent4  7#b7 ,no reimbursement ,an
 employer may not refund in any way any 
amounts paid by a shareholder under     
paragraph 7#a74  4  7#d7 ,federal ,mine 
,safety and ,health ,act of #aigg       
,section #aah of the ,federal ,mine     
,safety and ,health ,act of #aigg1 as   
added by subsection 7b77#d71 is further 
amended by adding at the end the        
following3  7b7 ,joint liability of     
large shareholders  7#a7 ,in general ,in
 any action or proceeding for a         
violation of this ,act1 including any   
mandatory health or safety standard1    
rule1 order1 or regulation promulgated  
pursuant to this ,act1 the #aj largest  
shareholders of an operator of a coal or
 other mine1 as determined by the fair  
value for their beneficial interest as  
of the beginning of the period during   

which such violation occurred1 shall--  
7,a7 jointly and severally be personally
 liable for all such violations1 and for
 all damages awarded and civil penalties
 assessed for such violations2 and  7,b7
 notwithstanding subparagraph 7,a71 be  
personally responsible for #aj percent  
of any damages1 civil penalties1 or     
other restitution or fees assessed      
against the operator for all violations1
 with the operator responsible for not  
more than #ij percent4  7#b7 ,no        
reimbursement ,an operator may not      
refund in any way any amounts paid by a 
shareholder under paragraph 7#a74  4    
7#e7 ,migrant and ,seasonal             
,agricultural ,worker ,protection ,act  
,section #eje of the ,migrant and       
,seasonal ,agricultural ,worker         
,protection ,act1 as added by subsection
 7b77#e71 is further amended by adding  
at the end the following3  7b7 ,joint   
liability of large shareholders  7#a7   
,in general ,in any action or proceeding
 for a violation of this ,act1 including

 any regulation under this ,act1 the #aj
 largest shareholders of a farm labor   
contractor1 agricultural employer1 or   
agricultural association1 as determined 
by the fair value for their beneficial  
interest as of the beginning of the     
period during which such violation      
occurred1 shall-- 7,a7 jointly and      
severally be personally liable for all  
violations of this ,act1 including any  
regulation under this ,act1 and for all 
damages awarded and civil penalties     
assessed for such violations2 and  7,b7 
notwithstanding subparagraph 7,a71 be   
personally responsible for #aj percent  
of any damages1 civil penalties1 or     
other restitution or fees assessed      
against the farm labor contractor1      
agricultural employer1 or agricultural  
association for all violations1 with the
 farm labor contractor1 agricultural    
employer1 or agricultural association   
7respectively7 responsible for not more 
than #ij percent4  7#b7 ,no             
reimbursement ,a farm labor contractor1 

agricultural employer1 or agricultural  
association may not refund in any way   
any amounts paid by a shareholder under 
paragraph 7#a74  4  7#f7 ,davis-,bacon  
,act ,section #cadd;c of title #dj1     
,united ,states ,code1 as amended by    
subsection 7b77#f71 is further amended  
by adding at the end the following3  7e7
 ,joint liability of large shareholders 
7#a7 ,in general ,in any action or      
proceeding for a violation of this      
subchapter1 the #aj largest shareholders
 of a contractor or subcontractor1 as   
determined by the fair value for their  
beneficial interest as of the beginning 
of the period during which the violation
 occurred1 shall--  7,a7 jointly and    
severally be personally liable for all  
violations of this subchapter1 and for  
all damages awarded and civil penalties 
assessed for violations of this         
subchapter2 and  7,b7 notwithstanding   
subparagraph 7,a71 be personally        
responsible for #aj percent of any      
damages1 civil penalties1 or other      

restitution or fees assessed against the
 contractor or subcontractor for the    
violations1 with the contractor or      
subcontractor responsible for not more  
than #ij percent4  7#b7 ,no             
reimbursement ,a contractor or          
subcontractor may not refund in any way 
any amounts paid by a shareholder under 
paragraph 7#a74  4  7#g7                
,mc,namara-,o',hara ,service ,contract  
,act ,section #fgjg of title #da1       
,united ,states ,code1 as amended by    
subsection 7b77#g77;,a71 is further     
amended by adding at the end the        
following3  7b7 ,joint liability of     
large shareholders  7#a7 ,in general ,in
 any action or proceeding for a         
violation of this chapter1 the #aj      
largest shareholders of a contractor1 as
 determined by the fair value for their 
beneficial interest as of the beginning 
of the period during which the violation
 occurred1 shall-- 7,a7 jointly and     
severally be personally liable for all  
violations of this chapter1 and for all 

damages awarded and civil penalties     
assessed for violations of this chapter2
 and  7,b7 notwithstanding subparagraph 
7,a71 be personally responsible for #aj 
percent of any damages1 civil penalties1
 or other restitution or fees assessed  
against the contractor for the          
violations1 with the contractor         
responsible for not more than #ij       
percent4  7#b7 ,no reimbursement ,a     
contractor may not refund in any way any
 amounts paid by a shareholder under    
paragraph 7#a74  4  7#h7 ,walsh-,healey 
,public ,contracts ,act ,section #fejf;b
 of title #da1 ,united ,states ,code1 as
 amended by subsection 7b77#h71 is      
further amended by adding at the end the
 following3  7e7 ,joint liability of    
large shareholders  7#a7 ,in general ,in
 any action or proceeding for a         
violation of this chapter1 the #aj      
largest shareholders of a contractor1 as
 determined by the fair value for their 
beneficial interest as of the beginning 
of the period during which the violation

 occurred1 shall--  7,a7 jointly and    
severally be personally liable for all  
violations of this chapter1 and for all 
damages awarded and civil penalties     
assessed for violations of this chapter2
 and  7,b7 notwithstanding subparagraph 
7,a71 be personally responsible for #aj 
percent of any damages1 civil penalties1
 or other restitution or fees assessed  
against the contractor for the          
violations1 with the contractor         
responsible for not more than #ij       
percent4  7#b7 ,no reimbursement ,a     
contractor may not refund in any way any
 amounts paid by a shareholder under    
paragraph 7#a74  4  7#i7 ,family and    
,medical ,leave ,act of #aiic ,section  
#ajg of the ,family and ,medical ,leave 
,act of #aiic 7#bi ,u4,s4,c4 #bfag71 as 
amended by subsection 7b77#i71 is       
further amended by inserting after      
subsection 7e7 the following3  7f7      
,joint liability of large shareholders  
7#a7 ,in general ,in any action or      
proceeding for a violation of this ,act1

 the #aj largest shareholders of an     
employer1 as determined by the fair     
value for their beneficial interest as  
of the beginning of the period during   
which the violation occurred1 shall--   
7,a7 jointly and severally be personally
 liable for all violations of this ,act 
and for all damages awarded and civil   
penalties assessed for violations of    
this ,act2 and  7,b7 notwithstanding    
subparagraph 7,a71 be personally        
responsible for #aj percent of any      
damages1 civil penalties1 or other      
restitution or fees assessed against the
 employer for the violations1 with the  
employer responsible for not more than  
#ij percent4  7#b7 ,no reimbursement ,an
 employer may not refund in any way any 
amounts paid by a shareholder under     
paragraph 7#a74  4  #bjc4 ,franchisors  
7a7 ,fair ,labor ,standards ,act of     
#aich  7#a7 ,in general ,section #c7;d7 
of the ,fair ,labor ,standards ,act of  
#aich 7#bi ,u4,s4,c4 #bjc7;d771 as      
amended by section #bjb7;a77#a71 is     

further amended by adding at the end the
 following3  7#g7 ,franchisors and      
franchisees ,a franchisor shall also be 
responsible for the rights and          
protections of this ,act with regard to 
an employee1 in any case where a        
franchisee of the franchisor is         
responsible for the rights and          
protections of this ,act for the        
employee4  4  7#b7 ,indemnification     
,section #af of the ,fair ,labor        
,standards ,act of #aich1 as amended by 
section #bjb7;c77#a71 is further amended
 by adding at the end the following3    
7i7 ,franchisees and ,franchisors  7#a7 
,indemnification by franchisor ,an      
employer or entity that is found to be  
in violation of this ,act and is a      
franchisee shall have the right to      
indemnification as described in         
paragraph 7#b7 from the franchisor1 in  
any case where the violation was--  7,a7
 at the behest of the franchisor2  7,b7 
at the direction of the franchisor2     
7,c7 pursuant to any policies1          

agreements1 or contractual obligations  
emanating from the franchisor2 or  7,d7 
due to other direct or indirect control 
or pressure from the franchisor4  7#b7  
,process for and type of indemnification
 ,indemnification under paragraph 7#a7--
 7,a7 may be sought by a franchisee in  
any court of competent jurisdiction2 and
  7,b7 shall include a full recovery    
from the franchisor of all compensatory 
and punitive damages1 civil monetary    
penalties1 attorney's fees1 or other    
amounts required to be paid by the      
franchisee as a result of the violation 
of this ,act4  7#c7 ,prohibition on     
waiver  7,a7 ,in general ,a franchisor  
shall not require or otherwise request a
 franchisee to waive the franchisee's   
right to indemnification under this     
subsection4  7,b7 ,remedy and civil     
penalty ,if a franchisor violates       
subparagraph 7,a7-- 7i7 any             
indemnification waiver obtained shall be
 null and void2 and  7ii7 the franchisor
 shall be subject to a civil penalty of 

#ajj1jjj4  7#d7 ,prohibition on         
retaliation  7,a7 ,in general ,a        
franchisor shall not end a franchise    
agreement with1 take adverse action in  
relation to1 or otherwise discriminate  
against1 a franchisee for pursuing      
indemnification under this subsection4  
7,b7 ,remedy and civil penalty ,any     
franchisor who violates subparagraph    
7,a7 shall be subject to a civil penalty
 of #ajj1jjj4  4  7b7 ,national ,labor  
,relations ,act  7#a7 ,in general       
,section #b7b7 of the ,national ,labor  
,relations ,act 7#bi ,u4,s4,c4 #aeb7b771
 as amended by section #bjb7;a77#b71 is 
further amended by adding at the end the
 following3  7,e7 ,franchisors and      
franchisees ,a franchisor shall also be 
responsible for the rights and          
protections of this ,act with regard to 
an employee1 in any case where a        
franchisee of the franchisor is         
responsible for the rights and          
protections of this ,act for the        
employee4  4  7#b7 ,indemnification     

,section #ab of the ,national ,labor    
,relations ,act 7#bi ,u4,s4,c4 #afb71 as
 amended by section #bjb7;c77#b71 is    
further amended by adding at the end the
 following3  7g7 ,franchisees and       
,franchisors  7#a7 ,indemnification by  
franchisor ,an employer or entity that  
is found to be in violation of this ,act
 and is a franchisee shall have the     
right to indemnification as described in
 paragraph 7#b7 from the franchisor1 in 
any case where the violation was-- 7,a7 
at the behest of the franchisor2  7,b7  
at the direction of the franchisor2     
7,c7 pursuant to any policies1          
agreements1 or contractual obligations  
emanating from the franchisor2 or  7,d7 
due to other direct or indirect control 
or pressure from the franchisor4  7#b7  
,process for and type of indemnification
 ,indemnification under paragraph 7#a7--
  7,a7 may be sought by a franchisee in 
any court of competent jurisdiction2 and
  7,b7 shall include a full recovery    
from the franchisor of all compensatory 

and punitive damages1 civil monetary    
penalties1 attorney's fees1 or other    
amounts required to be paid by the      
franchisee as a result of the violation 
of this ,act4  7#c7 ,prohibition on     
waiver  7,a7 ,in general ,a franchisor  
shall not require or otherwise request a
 franchisee to waive the franchisee's   
right to indemnification under this     
subsection4  7,b7 ,remedy and civil     
penalty ,if a franchisor violates       
subparagraph 7,a7--  7i7 any            
indemnification waiver obtained shall be
 null and void2 and  7ii7 the franchisor
 shall be subject to a civil penalty of 
#ajj1jjj4  7#d7 ,prohibition on         
retaliation  7,a7 ,in general ,a        
franchisor shall not end a franchise    
agreement with1 take adverse action in  
relation to1 or otherwise discriminate  
against1 a franchisee for pursuing      
indemnification under this subsection4  
7,b7 ,remedy and civil penalty ,any     
franchisor who violates subparagraph    
7,a7 shall be subject to a civil penalty

 of #ajj1jjj4  4  7c7 ,occupational     
,safety and ,health ,act of #aigj  7#a7 
,in general ,section #c7e7 of the       
,occupational ,safety and ,health ,act  
of #aigj 7#bi ,u4,s4,c4 #feb7e771 as    
amended by section #bjb7;a77#c71 is     
further amended by adding at the end the
 following3  7,f7 ,franchisors and      
franchisees ,a franchisor shall also be 
responsible for the rights and          
protections of this ,act with regard to 
an employee1 in any case where a        
franchisee of the franchisor is         
responsible for the rights and          
protections of this ,act for the        
employee4  4  7#b7 ,indemnification     
,section #ag of the ,occupational       
,safety and ,health ,act of #aigj 7#bi  
,u4,s4,c4 #fff71 as amended by section  
#bjb7;c77#c71 is further amended by     
adding at the end the following3  7o7   
,franchisees and ,franchisors  7#a7     
,indemnification by franchisor ,an      
employer or other entity that is a      
franchisee and is found to be in        

violation of this ,act shall have the   
right to indemnification as described in
 paragraph 7#b7 from the franchisor1 in 
any case where the violation was--  7,a7
 at the behest of the franchisor2  7,b7 
at the direction of the franchisor2     
7,c7 pursuant to any policies1          
agreements1 or contractual obligations  
emanating from the franchisor2 or  7,d7 
due to other direct or indirect control 
or pressure from the franchisor4  7#b7  
,process for and type of indemnification
 ,indemnification under paragraph 7#a7--
 7,a7 may be sought by a franchisee in  
any court of competent jurisdiction2 and
  7,b7 shall include a full recovery    
from the franchisor of all compensatory 
and punitive damages1 civil monetary    
penalties1 attorney's fees1 or other    
amounts required to be paid by the      
franchisee as a result of the violation 
of this ,act4  7#c7 ,prohibition on     
waiver  7,a7 ,in general ,a franchisor  
shall not require or otherwise request a
 franchisee to waive the franchisee's   

right to indemnification under this     
subsection4  7,b7 ,remedy and civil     
penalty ,if a franchisor violates       
subparagraph 7,a7-- 7i7 any             
indemnification waiver obtained shall be
 null and void2 and  7ii7 the franchisor
 shall be subject to a civil penalty of 
#ajj1jjj4  7#d7 ,prohibition on         
retaliation  7,a7 ,in general ,a        
franchisor shall not end a franchise    
agreement with1 take adverse action in  
relation to1 or otherwise discriminate  
against1 a franchisee for pursuing      
indemnification under this subsection4  
7,b7 ,remedy and civil penalty ,any     
franchisor who violates subparagraph    
7,a7 shall be subject to a civil penalty
 of #ajj1jjj4  4  7d7 ,federal ,mine    
,safety and ,health ,act of #aigg  7#a7 
,in general ,section #d;,b of the       
,federal ,mine ,safety and ,health ,act 
of #aigg1 as amended by section         
#bjb7;a77#d71 is further amended by     
adding at the end the following3  7c7   
,franchisors and franchisees ,a         

franchisor shall also be responsible for
 the rights and protections of this ,act
 with regard to a miner1 in any case    
where a franchisee of the franchisor is 
responsible for the rights and          
protections of this ,act for the miner4 
4  7#b7 ,indemnification ,section #aah  
of the ,federal ,mine ,safety and       
,health ,act of #aigg1 as amended by    
section #bjb7;c77#d71 is further amended
 by adding at the end the following3    
7c7 ,franchisees and ,franchisors  7#a7 
,indemnification by franchisor ,an      
operator or other entity that is found  
to be in violation of this ,act and is a
 franchisee shall have the right to     
indemnification as described in         
paragraph 7#b7 from the franchisor1 in  
any case where the violation was-- 7,a7 
at the behest of the franchisor2  7,b7  
at the direction of the franchisor2     
7,c7 pursuant to any policies1          
agreements1 or contractual obligations  
emanating from the franchisor2 or  7,d7 
due to other direct or indirect control 

or pressure from the franchisor4  7#b7  
,process for and type of indemnification
 ,indemnification under paragraph 7#a7--
  7,a7 may be sought by a franchisee in 
any court of competent jurisdiction2 and
  7,b7 shall include a full recovery    
from the franchisor of all compensatory 
and punitive damages1 civil monetary    
penalties1 attorney's fees1 or other    
amounts required to be paid by the      
franchisee as a result of the violation 
of this ,act4  7#c7 ,prohibition on     
waiver  7,a7 ,in general ,a franchisor  
shall not require or otherwise request a
 franchisee to waive the franchisee's   
right to indemnification under this     
subsection4  7,b7 ,remedy and civil     
penalty ,if a franchisor violates       
subparagraph 7,a7--  7i7 any            
indemnification waiver obtained shall be
 null and void2 and  7ii7 the franchisor
 shall be subject to a civil penalty of 
#ajj1jjj4  7#d7 ,prohibition on         
retaliation  7,a7 ,in general ,a        
franchisor shall not end a franchise    

agreement with1 take adverse action in  
relation to1 or otherwise discriminate  
against1 a franchisee for pursuing      
indemnification under this subsection4  
7,b7 ,remedy and civil penalty ,any     
franchisor who violates subparagraph    
7,a7 shall be subject to a civil penalty
 of #ajj1jjj4  4  7e7 ,migrant and      
,seasonal ,agricultural ,worker         
,protection ,act  7#a7 ,in general      
,section #e7;c7 of the ,migrant and     
,seasonal ,agricultural ,worker         
,protection ,act1 as amended by section 
#bjb7;a77#e71 is further amended by     
adding at the end the following3  7#d7  
,franchisors and franchisees ,a         
franchisor shall also be responsible for
 the rights and protections of this ,act
 with regard to an individual who is a  
migrant agricultural worker or seasonal 
agricultural worker employed by a farm  
labor contractor1 agricultural employer1
 or agricultural association1 in any    
case where a franchisee of the          
franchisor is responsible for the rights

 and protections of this ,act for the   
migrant agricultural worker or seasonal 
agricultural worker4  4  7#b7           
,indemnification ,section #eje of the   
,migrant and ,seasonal ,agricultural    
,worker ,protection ,act1 as amended by 
section #bjb7;c77#e71 is further amended
 by adding at the end the following3    
7c7 ,franchisees and ,franchisors  7#a7 
,indemnification by franchisor ,a farm  
labor contractor1 agricultural employer1
 agricultural association1 or other     
entity that is found to be in violation 
of this ,act and is a franchisee shall  
have the right to indemnification as    
described in paragraph 7#b7 from the    
franchisor1 in any case where the       
violation was--  7,a7 at the behest of  
the franchisor2  7,b7 at the direction  
of the franchisor2  7,c7 pursuant to any
 policies1 agreements1 or contractual   
obligations emanating from the          
franchisor2 or  7,d7 due to other direct
 or indirect control or pressure from   
the franchisor4  7#b7 ,process for and  

type of indemnification ,indemnification
 under paragraph 7#a7-- 7,a7 may be     
sought by a franchisee in any court of  
competent jurisdiction2 and  7,b7 shall 
include a full recovery from the        
franchisor of all compensatory and      
punitive damages1 civil monetary        
penalties1 attorney's fees1 or other    
amounts required to be paid by the      
franchisee as a result of the violation 
of this ,act4  7#c7 ,prohibition on     
waiver  7,a7 ,in general ,a franchisor  
shall not require or otherwise request a
 franchisee to waive the franchisee's   
right to indemnification under this     
subsection4  7,b7 ,remedy and civil     
penalty ,if a franchisor violates       
subparagraph 7,a7-- 7i7 any             
indemnification waiver obtained shall be
 null and void2 and  7ii7 the franchisor
 shall be subject to a civil penalty of 
#ajj1jjj4  7#d7 ,prohibition on         
retaliation  7,a7 ,in general ,a        
franchisor shall not end a franchise    
agreement with1 take adverse action in  

relation to1 or otherwise discriminate  
against1 a franchisee for pursuing      
indemnification under this subsection4  
7,b7 ,remedy and civil penalty ,any     
franchisor who violates subparagraph    
7,a7 shall be subject to a civil penalty
 of #ajj1jjj4  4  7f7 ,davis-,bacon ,act
  7#a7 ,in general ,section #cadd;b of  
title #dj1 ,united ,states ,code1 as    
amended by section #bjb7;a77#f71 is     
further amended by adding at the end the
 following3  7c7 ,franchisors and       
franchisees ,a franchisor shall also be 
responsible for the rights and          
protections of this subchapter with     
regard to a laborer or mechanic in any  
case where a franchisee of the          
franchisor is responsible for the rights
 and protections of this subchapter for 
the laborer or mechanic4  4  7#b7       
,indemnification ,section #cadd;c of    
title #dj1 ,united ,states ,code1 as    
amended by section #bjb7;c77#f71 is     
further amended by adding at the end the
 following3  7f7 ,franchisees and       

,franchisors  7#a7 ,indemnification by  
franchisor ,a contractor1 subcontractor1
 or other entity that is found to be in 
violation of this subchapter and is a   
franchisee shall have the right to      
indemnification as described in         
paragraph 7#b7 from the franchisor1 in  
any case where the violation was-- 7,a7 
at the behest of the franchisor2  7,b7  
at the direction of the franchisor2     
7,c7 pursuant to any policies1          
agreements1 or contractual obligations  
emanating from the franchisor2 or  7,d7 
due to other direct or indirect control 
or pressure from the franchisor4  7#b7  
,process for and type of indemnification
 ,indemnification under paragraph 7#a7--
  7,a7 may be sought by a franchisee in 
any court of competent jurisdiction2 and
  7,b7 shall include a full recovery    
from the franchisor of all compensatory 
and punitive damages1 civil monetary    
penalties1 attorney's fees1 or other    
amounts required to be paid by the      
franchisee as a result of the violation 

of this subchapter4  7#c7 ,prohibition  
on waiver  7,a7 ,in general ,a          
franchisor shall not require or         
otherwise request a franchisee to waive 
the franchisee's right to               
indemnification under this subsection4  
7,b7 ,remedy and civil penalty ,if a    
franchisor violates subparagraph 7,a7-- 
7i7 any indemnification waiver obtained 
shall be null and void2 and  7ii7 the   
franchisor shall be subject to a civil  
penalty of #ajj1jjj4  7#d7 ,prohibition 
on retaliation  7,a7 ,in general ,a     
franchisor shall not end a franchise    
agreement with1 take adverse action in  
relation to1 or otherwise discriminate  
against1 a franchisee for pursuing      
indemnification under this subsection4  
7,b7 ,remedy and civil penalty ,any     
franchisor who violates subparagraph    
7,a7 shall be subject to a civil penalty
 of #ajj1jjj4  4  7g7                   
,mc,namara-,o',hara ,service ,contract  
,act  7#a7 ,in general ,section #fgja;a 
of title #da1 ,united ,states ,code1 as 

amended by section #bjb7;a77#g71 is     
further amended by adding at the end the
 following3  7c7 ,franchisors and       
franchisees ,a franchisor shall also be 
responsible for the rights and          
protections of this chapter with regard 
to a service employee in any case where 
a franchisee of the franchisor is       
responsible for the rights and          
protections of this chapter for the     
service employee4  4  7#b7              
,indemnification ,section #fgjg of title
 #da1 ,united ,states ,code1 as amended 
by section #bjb7;c77#g71 is further     
amended by adding at the end the        
following3  7c7 ,franchisees and        
,franchisors  7#a7 ,indemnification by  
franchisor ,a contractor1 subcontractor1
 or other entity that is found to be in 
violation of this chapter and is a      
franchisee shall have the right to      
indemnification as described in         
paragraph 7#b7 from the franchisor1 in  
any case where the violation was--  7,a7
 at the behest of the franchisor2  7,b7 

at the direction of the franchisor2     
7,c7 pursuant to any policies1          
agreements1 or contractual obligations  
emanating from the franchisor2 or  7,d7 
due to other direct or indirect control 
or pressure from the franchisor4  7#b7  
,process for and type of indemnification
 ,indemnification under paragraph 7#a7--
 7,a7 may be sought by a franchisee in  
any court of competent jurisdiction2 and
  7,b7 shall include a full recovery    
from the franchisor of all compensatory 
and punitive damages1 civil monetary    
penalties1 attorney's fees1 or other    
amounts required to be paid by the      
franchisee as a result of the violation 
of this chapter4  7#c7 ,prohibition on  
waiver  7,a7 ,in general ,a franchisor  
shall not require or otherwise request a
 franchisee to waive the franchisee's   
right to indemnification under this     
subsection4  7,b7 ,remedy and civil     
penalty ,if a franchisor violates       
subparagraph 7,a7-- 7i7 any             
indemnification waiver obtained shall be

 null and void2 and  7ii7 the franchisor
 shall be subject to a civil penalty of 
#ajj1jjj4  7#d7 ,prohibition on         
retaliation  7,a7 ,in general ,a        
franchisor shall not end a franchise    
agreement with1 take adverse action in  
relation to1 or otherwise discriminate  
against1 a franchisee for pursuing      
indemnification under this subsection4  
7,b7 ,remedy and civil penalty ,any     
franchisor who violates subparagraph    
7,a7 shall be subject to a civil penalty
 of #ajj1jjj4  4  7h7 ,walsh-,healey    
,public ,contracts ,act  7#a7 ,in       
general ,section #feja;b of title #da1  
,united ,states ,code1 as amended by    
section #bjb7;a77#h71 is further amended
 by adding at the end the following3    
7c7 ,franchisors and franchisees ,a     
franchisor shall also be responsible for
 the rights and protections of this     
chapter with regard to an individual    
employed under a contract to which this 
chapter applies1 in any case where a    
franchisee of the franchisor is         

responsible for the rights and          
protections of this chapter for the     
individual4  4  7#b7 ,indemnification   
,section #fejf;b of title #da1 ,united  
,states ,code1 as amended by section    
#bjb7;c77#h71 is further amended by     
adding at the end the following3  7f7   
,franchisees and ,franchisors  7#a7     
,indemnification by franchisor ,a       
contractor1 subcontractor1 or other     
entity that is found to be in violation 
of this chapter and is a franchisee     
shall have the right to indemnification 
as described in paragraph 7#b7 from the 
franchisor1 in any case where the       
violation was-- 7,a7 at the behest of   
the franchisor2  7,b7 at the direction  
of the franchisor2  7,c7 pursuant to any
 policies1 agreements1 or contractual   
obligations emanating from the          
franchisor2 or  7,d7 due to other direct
 or indirect control or pressure from   
the franchisor4  7#b7 ,process for and  
type of indemnification ,indemnification
 under paragraph 7#a7--  7,a7 may be    

sought by a franchisee in any court of  
competent jurisdiction2 and  7,b7 shall 
include a full recovery from the        
franchisor of all compensatory and      
punitive damages1 civil monetary        
penalties1 attorney's fees1 or other    
amounts required to be paid by the      
franchisee as a result of the violation 
of this chapter4  7#c7 ,prohibition on  
waiver  7,a7 ,in general ,a franchisor  
shall not require or otherwise request a
 franchisee to waive the franchisee's   
right to indemnification under this     
subsection4  7,b7 ,remedy and civil     
penalty ,if a franchisor violates       
subparagraph 7,a7--  7i7 any            
indemnification waiver obtained shall be
 null and void2 and  7ii7 the franchisor
 shall be subject to a civil penalty of 
#ajj1jjj4  7#d7 ,prohibition on         
retaliation  7,a7 ,in general ,a        
franchisor shall not end a franchise    
agreement with1 take adverse action in  
relation to1 or otherwise discriminate  
against1 a franchisee for pursuing      

indemnification under this subsection4  
7,b7 ,remedy and civil penalty ,any     
franchisor who violates subparagraph    
7,a7 shall be subject to a civil penalty
 of #ajj1jjj4  4  7i7 ,family and       
,medical ,leave ,act of #aiic  7#a7 ,in 
general ,section #aja7d7 of the ,family 
and ,medical ,leave ,act of #aiic 7#bi  
,u4,s4,c4 #bfaa7d771 as amended by      
section #bjb7;a77#i71 is further amended
 by adding at the end the following3    
7,f7 ,franchisors and franchisees ,a    
franchisor shall also be responsible for
 the rights and protections of this ,act
 with regard to an employee1 in any case
 where a franchisee of the franchisor is
 responsible for the rights and         
protections of this ,act for the        
employee4  4  7#b7 ,indemnification     
,section #ajg of the ,family and        
,medical ,leave ,act of #aiic 7#bi      
,u4,s4,c4 #bfag71 as amended by section 
#bjb7;c77#i71 is further amended by     
inserting after subsection 7f7 the      
following3  7g7 ,franchisees and        

,franchisors  7#a7 ,indemnification by  
franchisor ,an employer or other entity 
that is found to be in violation of this
 ,act and is a franchisee shall have the
 right to indemnification as described  
in paragraph 7#b7 from the franchisor1  
in any case where the violation was--   
7,a7 at the behest of the franchisor2   
7,b7 at the direction of the franchisor2
  7,c7 pursuant to any policies1        
agreements1 or contractual obligations  
emanating from the franchisor2 or  7,d7 
due to other direct or indirect control 
or pressure from the franchisor4  7#b7  
,process for and type of indemnification
 ,indemnification under paragraph 7#a7--
 7,a7 may be sought by a franchisee in  
any court of competent jurisdiction2 and
  7,b7 shall include a full recovery    
from the franchisor of all compensatory 
and punitive damages1 civil monetary    
penalties1 attorney's fees1 or other    
amounts required to be paid by the      
franchisee as a result of the violation 
of this ,act4  7#c7 ,prohibition on     

waiver  7,a7 ,in general ,a franchisor  
shall not require or otherwise request a
 franchisee to waive the franchisee's   
right to indemnification under this     
subsection4  7,b7 ,remedy and civil     
penalty ,if a franchisor violates       
subparagraph 7,a7-- 7i7 any             
indemnification waiver obtained shall be
 null and void2 and  7ii7 the franchisor
 shall be subject to a civil penalty of 
#ajj1jjj4  7#d7 ,prohibition on         
retaliation  7,a7 ,in general ,a        
franchisor shall not end a franchise    
agreement with1 take adverse action in  
relation to1 or otherwise discriminate  
against1 a franchisee for pursuing      
indemnification under this subsection4  
7,b7 ,remedy and civil penalty ,any     
franchisor who violates subparagraph    
7,a7 shall be subject to a civil penalty
 of #ajj1jjj4  4  7j7 ,federal          
,unemployment ,tax ,act 7,,futa7  7#a7  
,in general ,section #ccjf7w7 of the    
,internal ,revenue ,code of #aihf1 as   
amended by section #bjb7;a77#aj71 is    

amended by adding at the end the        
following new paragraphs3  7#e7         
,paragraph 7#g7 of section #c7;d7 of    
such ,act4  7#f7 ,subsection 7i7 of     
section #af of such ,act4  4  7#b7      
,effective date ,the amendment made by  
paragraph 7#a7 shall apply to services  
rendered on or after ,january #a1 #bjbb4
  #bjd4 ,temporary staffing companies   
7a7 ,responsibilities of employers      
utilizing employees of staffing         
companies and other covered employees   
7#a7 ,fair ,labor ,standards ,act of    
#aich ,section #c7;d7 of the ,fair      
,labor ,standards ,act of #aich 7#bi    
,u4,s4,c4 #bjc7;d771 as amended by      
section #bjc7;a77#a71 is further amended
 by adding at the end the following3    
7#h7 ,employers of employees of staffing
 companies and other covered employees  
,an employer shall also be responsible  
for the rights and protections of this  
,act with regard to one or more covered 
employees 7as defined in section        
#f7;c77#a77 provided by another employer

 to perform labor for the employer4  4  
7#b7 ,national ,labor ,relations ,act   
,section #b7b7 of the ,national ,labor  
,relations ,act 7#bi ,u4,s4,c4 #aeb7b771
 as amended by section #bjc7;b77#a71 is 
further amended by adding at the end the
 following3  7,f7 ,employers of         
employees of staffing companies and     
other covered employees ,an employer    
shall also be responsible for the rights
 and protections of this ,act with      
regard to one or more covered employees 
7as defined in section #f7;c77#a7 of the
 ,fair ,labor ,standards ,act of #aich  
7#bi ,u4,s4,c4 #bjf7;c77#a777 provided  
by another employer to perform labor for
 the employer4  4  7#c7 ,occupational   
,safety and ,health ,act of #aigj       
,section #c7e7 of the ,occupational     
,safety and ,health ,act of #aigj 7#bi  
,u4,s4,c4 #feb7e771 as amended by       
section #bjc7;c71 is further amended by 
adding at the end the following3  7,g7  
,employers of employees of staffing     
companies and other covered employees   

,an employer shall also be responsible  
for the rights and protections of this  
,act with regard to one or more covered 
employees 7as defined in section        
#f7;c77#a7 of the ,fair ,labor          
,standards ,act 7#bi ,u4,s4,c4          
#bjf7;c77#a777 provided by another      
employer to perform labor for the       
employer4  4  7#d7 ,federal ,mine       
,safety and ,health ,act of #aigg       
,section #d;,b of the ,federal ,mine    
,safety and ,health ,act of #aigg1 as   
amended by section #bjc7;d77#a71 is     
further amended by adding at the end the
 following3  7d7 ,employers of employees
 of staffing companies and other covered
 employees ,an operator of a coal or    
other mine shall also be responsible for
 the rights and protections of this ,act
 with regard to one or more covered     
employees 7as defined in section        
#f7;c77#a7 of the ,fair ,labor          
,standards ,act 7#bi ,u4,s4,c4          
#bjf7;c77#a777 provided by another      
employer to perform labor as miners for 

the operator4  4  7#e7 ,migrant and     
,seasonal ,agricultural ,worker         
,protection ,act ,section #e7;c7 of the 
,migrant and ,seasonal ,agricultural    
,worker ,protection ,act1 as amended by 
section #bjc7;e71 is further amended by 
adding at the end the following3  7#e7  
,employers of employees of staffing     
companies and other covered employees ,a
 farm labor contractor1 agricultural    
employer1 or agricultural association   
shall also be responsible for the rights
 and protections of this ,act with      
regard to one or more migrant           
agricultural workers or seasonal        
agricultural workers who-- 7,a7 are     
covered employees 7as defined in section
 #f7;c77#a7 of the ,fair ,labor         
,standards ,act of #aich72 and  7,b7 are
 provided by another employer to perform
 labor for the farm labor contractor1   
agricultural employer1 or agricultural  
association4  4  7#f7 ,davis-,bacon ,act
 ,section #cadd;b of title #dj1 ,united 
,states ,code1 as amended by section    

#bjc7;f77#a71 is further amended by     
adding at the end the following3  7d7   
,employers of employees of staffing     
companies and other covered employees ,a
 contractor or any subcontractor shall  
also be responsible for the rights and  
protections of this subchapter with     
regard to one or more laborers or       
mechanics who are covered employees 7as 
defined in section #f7;c77#a7 of the    
,fair ,labor ,standards ,act 7#bi       
,u4,s4,c4 #bjf7;c77#a777 provided by    
another employer to perform labor for   
the contractor or subcontractor under a 
contract to which this subchapter       
applies4  4  7#g7 ,mc,namara-,o',hara   
,service ,contract ,act ,section #fgja;a
 of title #da1 ,united ,states ,code1 as
 amended by section #bjc7;g71 is further
 amended by adding at the end the       
following3  7d7 ,employers of employees 
of staffing companies and other covered 
employees ,a contractor shall also be   
responsible for the rights and          
protections of this chapter with regard 

to one or more service employees who are
 covered employees 7as defined in       
section #f7;c77#a7 of the ,fair ,labor  
,standards ,act 7#bi ,u4,s4,c4          
#bjf7;c77#a777 provided by another      
employer to perform labor for the       
contractor under a contract to which    
this chapter applies4  4  7#h7          
,walsh-,healey ,public ,contracts ,act  
,section #feja;b of title #da1 ,united  
,states ,code1 as amended by section    
#bjc7;h71 is further amended by adding  
at the end the following3  7d7          
,employers of employees of staffing     
companies and other covered employees ,a
 contractor shall also be responsible   
for the rights and protections of this  
chapter with regard to one or more      
individuals who are covered employees   
7as defined in section #f7;c77#a7 of the
 ,fair ,labor ,standards ,act 7#bi      
,u4,s4,c4 #bjf7;c77#a777 provided by    
another employer to perform labor in the
 manufacture or furnishing of materials1
 supplies1 articles1 or equipment for   

the contractor under a contract to which
 this chapter applies4  4  7#i7 ,family 
and ,medical ,leave ,act of #aiic       
,section #aja7d7 of the ,family and     
,medical ,leave ,act of #aiic 7#bi      
,u4,s4,c4 #bfaa7d771 as amended by      
section #bjc7;i71 is further amended by 
adding at the end the following3  7,g7  
,employers of employees of staffing     
companies and other covered employees   
,an employer shall also be responsible  
for the rights and protections of this  
,act with regard to one or more covered 
employees 7as defined in section        
#f7;c77#a7 of the ,fair ,labor          
,standards ,act of #aich 7#bi ,u4,s4,c4 
#bjf7;c77#a777 provided by another      
employer to perform labor for the       
employer4  4  7#aj7 ,federal            
,unemployment ,tax ,act 7,,futa7  7,a7  
,in general ,section #ccjf7w7 of the    
,internal ,revenue ,code of #aihf1 as   
amended by section #bjc7;j71 is amended 
by adding at the end the following new  
paragraph3  7#g7 ,paragraph 7#h7 of     

section #c7;d7 of such ,act4  4  7,b7   
,effective date ,the amendment made by  
subparagraph 7,a7 shall apply to        
services rendered on or after ,january  
#a1 #bjbb4  7b7 ,equitable treatment for
 employees of staffing companies and    
other covered employees  7#a7 ,in       
general ,section #f of the ,fair ,labor 
,standards ,act of #aich 7#bi ,u4,s4,c4 
#bjf7 is amended by inserting after     
subsection 7b7 the following3  7c7      
,employees of staffing companies and    
other covered employees  7#a7           
,definition of covered employee ,in this
 subsection1 the term covered employee  
means an employee provided by another   
employer to perform labor for the       
employer1 including a temporary or      
short-term contract employee4  7#b7     
,wages for covered employees  7,a7 ,in  
general ,no employer shall pay wages to 
a covered employee provided by another  
employer to perform labor for the       
employer1 or allow a covered employee   
provided by another employer to perform 

labor for the employer at wages1 at a   
rate less than the prevailing rate at   
which the employer for whom the labor is
 performed pays wages to direct         
employees for similar work on jobs the  
performance of which requires similar   
skill1 effort1 and responsibility1 and  
which are performed under similar       
working conditions1 except as provided  
in subparagraph 7,b74  7,b7 ,exceptions 
,an employer may pay a covered employee 
a wage at a rate less than the wage rate
 required under subparagraph 7,a7 if--  
7i7 such payment is made pursuant to--  
7,i7 a seniority system2  7,,ii7 a merit
 system2  7,,iii7 a system that measures
 rate of pay by quantity or quality of  
production2 or  7,,iv7 a differential   
based on any lawful factor other than   
employment status2 and  7ii7 the rate is
 not less than #hj percent of the       
prevailing rate at which the employer   
for whom the labor is performed pays    
wages to direct employees for similar   
work on jobs the performance of which   

requires similar skill1 effort1 and     
responsibility1 and which are performed 
under similar working conditions4  7#c7 
,increased wages for covered employees  
7,a7 ,in general ,in the case of a      
covered employee who is not provided    
with the same benefits as the employer  
for whom the labor is being performed   
provides to its direct employees1 the   
employer for whom the labor is being    
performed shall pay the covered         
employee1 or require the employer       
providing the covered employee to pay   
the covered employee1 a wage rate that1 
subject to subparagraph 7,b71 is not    
less than the sum of-- 7i7 the wage rate
 required under paragraph 7#b72 and     
7ii7 the lesser of-- 7,i7 an amount     
equal to #be percent of the wage rate   
required under paragraph 7#b72 or       
7,,ii7 the amount the employee would    
have to pay to secure equivalent        
benefits without an employer's          
assistance4  7,b7 ,minimum ,in no case  
shall the minimum wage rate required    

under subparagraph 7,a7 be less than    
#abe percent of the minimum wage rate   
required under subsection 7a77#a74  4   
7#b7 ,limiting exemptions ,section #ac  
of the ,fair ,labor ,standards ,act of  
#aich 7#bi ,u4,s4,c4 #bac7 is amended-- 
7,a7 in the matter preceding paragraph  
7#a7 of subsection 7a71 by inserting and
 section #f7;c7 after this subsection2  
7,b7 in subsection 7d71 by inserting    
7except for subsection 7c7 of such      
section7 after sections #f2 and  7,c7 in
 subsection 7f71 by inserting 7except   
for subsection 7c7 of such section7     
after sections #f4  7c7 ,new protections
 for employees of staffing companies and
 other covered employees  7#a7 ,in      
general ,section #i of the ,fair ,labor 
,standards ,act of #aich1 as added by   
section #ajb7;a77#f77;,c77i71 is further
 amended by adding at the end the       
following3  7b7 ,protections for        
employees of staffing companies and     
other covered employees  7#a7           
,definition of covered employee ,in this

 subsection1 the term covered employee  
has the meaning given the term in       
section #f7;c77#a74  7#b7 ,registration 
of providing employers  7,a7 ,in general
 ,each employer that provides covered   
employees to perform labor for another  
employer shall register with the        
,secretary each year1 in accordance with
 this subsection and regulations of the 
,secretary4 ,each such providing        
employer shall include with the         
registration-- 7i7 proof of an employer 
account number for the purposes of the  
payment of unemployment insurance       
contributions2  7ii7 proof of valid     
workers' compensation insurance in      
effect at the time of registration and  
covering all covered employees          
performing labor for the employer2 and  
7iii7 a report containing the           
information described in paragraph      
7#g77;,a77ix71 in the aggregate for all 
covered employees of the providing      
employer that performed labor for       
another employer in the preceding       

calendar year and disaggregated by      
branch office4  7,b7 ,registration fee  
,the ,secretary shall assess each       
employer that registers under           
subparagraph 7,a7 a nonrefundable       
registration fee equal to the sum of--  
7i7 #a1jjj per year2 and  7ii7 an       
additional #bej for each branch office  
of the employer4  7,c7 ,immediate       
reporting of workers' compensation lapse
 ,in any case where the workers'        
compensation insurance of an employer   
required to register under subparagraph 
7,a7 lapses--  7i7 the employer shall   
report the lapse to the ,secretary2 and 
7ii7 the ,secretary shall suspend the   
employer's registration until the       
employer's workers' compensation        
insurance is reinstated4  7,d7          
,authority to deny1 suspend1 or revoke  
registration  7i7 ,in general ,the      
,secretary shall have the authority to  
deny1 suspend1 or revoke the            
registration of an employer under       
subparagraph 7,a7 if warranted by       

violations of this subsection or of any 
other ,federal1 ,state1 or local worker 
protection law4  7ii7 ,duty to notify   
,an employer whose registration under   
subparagraph 7,a7 is denied1 suspended1 
or revoked shall notify1 both by        
telephone and in writing1 each of its   
covered employees and each of the       
employers for whom its covered employees
 perform labor within #bd hours of any  
denial1 suspension1 or revocation of its
 registration4  7,e7 ,ineligibility ,an 
employer requesting to register with the
 ,secretary under subparagraph 7,a7 is  
ineligible if1 within the #e years      
immediately preceding the date of the   
employer's registration request1 the    
employer or any of its officers1        
directors1 partners1 or managers1 or any
 owner of #be percent or greater        
beneficial interest1 has been involved1 
as officer1 director1 partner1 manager1 
or owner1 in another employer whose     
registration under such subparagraph was
 revoked or suspended without being     

reinstated4  7,f7 ,website ,the         
,secretary shall create and maintain a  
public website that includes--  7i7 a   
list of all employers whose registration
 under subparagraph 7,a7 is in good     
standing2  7ii7 a list of all employers 
whose registration under subparagraph   
7,a7 has been suspended1 including the  
reason for the suspension1 the date the 
suspension was initiated1 and1 if known1
 the date the suspension is to be       
lifted2 and  7iii7 a list of all        
employers whose registration under      
subparagraph 7,a7 has been revoked1     
including the reason for the revocation 
and the date the registration was       
revoked4  7#c7 ,employers for whom      
employees perform labor  7,a7 ,in       
general ,no employer for whom a covered 
employee is provided by another employer
 to perform labor may enter into a      
contract or any other agreement for such
 labor with any employer not registered 
under paragraph 7#b77;,a74  7,b7        
,verification  7i7 ,requirements for    

receiving employers ,an employer for    
whom a covered employee is provided by  
another employer to perform labor shall 
verify the providing employer's status  
with the ,secretary of ,labor before    
entering into a contract or other       
agreement with the providing employer1  
and at annual intervals thereafter4     
7ii7 ,requirements for providing        
employers ,an employer that provides a  
covered employee to another employer to 
perform labor shall provide any employer
 for whom its covered employee performs 
labor with proof of valid registration  
under paragraph 7#b77;,a7 before        
entering into any contract or other     
agreement with the receiving employer4  
7,c7 ,list of registered employers ,upon
 request1 the ,secretary shall provide  
to any requesting party a list of       
employers registered under paragraph    
7#b77;,a7 and an employer may rely in   
good faith on the information on such   
list provided by the ,secretary4  7#d7  
,no work restrictions ,no employer that 

provides a covered employee to perform  
labor for another employer shall--  7,a7
 restrict the right of a covered        
employee to accept direct employment    
with an employer for whom the covered   
employee has performed labor2  7,b7     
restrict the right of an employer for   
whom the covered employee has performed 
labor to offer such direct employment2  
or  7,c7 charge any fee1 either to the  
covered employee or an employer for whom
 the covered employee has performed     
labor1 for the covered employee         
converting to direct employment with    
such employer4  7#e7 ,prohibition on    
permatemp workers  7,a7 ,conversion of  
temporary workers to direct employees   
,after a covered employee performs labor
 for an employer for #a1jdj total hours 
during any #ab-month period1 such       
employer shall convert the covered      
employee to a direct employee of such   
employer4  7,b7 ,prohibitions on evasion
  7i7 ,no multiple contracts ,an        
employer shall not terminate or end the 

agreement under which a covered employee
 is providing labor to the employer and 
then reengage such covered employee at a
 later date in order to evade the       
requirements of this subsection4  7ii7  
,no replacement employees ,an employer  
shall not terminate or end the agreement
 under which a covered employee is      
providing labor to the employer and then
 engage a different covered employee in 
order to evade the requirements of this 
subsection4  7#f7 ,employment notices   
7,a7 ,in general ,whenever an employer  
agrees to provide #a or more covered    
employees to perform labor for another  
employer1 the providing employer shall  
provide to each covered employee and to 
the other employer1 at the time of      
dispatch1 a statement containing the    
following information on a form approved
 by the ,secretary3 7i7 ,the name of the
 covered employee4  7ii7 ,the name1     
address1 and phone number of the        
providing employer that has agreed to   
the dispatch4  7iii7 ,the name1 address1

 and phone number of the employer for   
whom the covered employee will perform  
labor4  7iv7 ,the name1 address1 and    
phone number of the providing employer's
 workers' compensation insurance        
carrier4  7v7 ,the address and phone    
number of the nearest regional office of
 the ,department of ,labor4  7vi7 ,the  
name of the position1 the nature of the 
work to be performed1 and the types of  
equipment1 clothing1 and training that  
are required for the task4  7vii7 ,the  
wages offered1 including the hourly rate
 of pay and the hourly rate of overtime 
pay1 should overtime hours be performed4
  7viii7 ,the designated pay day4  7ix7 
,the anticipated daily start times and  
daily end times4  7x7 ,the anticipated  
duration of the dispatch4  7xi7 ,the    
terms of transportation4  7xii7 ,whether
 meals or equipment1 or both1 are       
provided and the cost of the meal and   
equipment to the covered employee1 if   
any4  7,b7 ,duration ,if a covered      
employee who is provided by an employer 

to perform labor for another employer is
 assigned to the same employer for more 
than #a day1 the providing employer is  
required to provide the employment      
information described in subparagraph   
7,a7 only on--  7i7 the first day of the
 assignment2 and  7ii7 if any of the    
terms described in subparagraph 7,a7 are
 changed1 the first day of such change4 
7,c7 ,confirmation of work sought ,if an
 employer that provides covered         
employees to other employers to perform 
labor does not place a covered employee 
with an employer for whom to perform    
labor for a particular day1 the         
providing employer shall1 upon request1 
provide the covered employee with a     
written and signed confirmation that the
 covered employee sought work1 which    
shall include the name of the providing 
employer1 the name and address of the   
covered employee1 and the date and time 
that the covered employee received the  
confirmation4  7,d7 ,no covered         
employees during labor disputes ,no     

employer may provide a covered employee 
to perform labor at any workplace where 
a strike1 lockout1 or other labor       
dispute exists4  7#g7 ,recordkeeping    
7,a7 ,providing employer ,whenever an   
employer provides covered employees to  
perform labor for another employer1 the 
providing employer shall keep the       
following records with respect to the   
covered employees3 7i7 ,the name1       
address1 and telephone number for each  
employer to whom covered employees were 
sent to perform labor1 including each   
worksite to which covered employees were
 sent1 and the date of the transaction  
effectuating the agreement between      
employers4  7ii7 ,for each covered      
employee1 the name1 address1 and        
specific location of the worksite1 the  
type of labor performed1 the number of  
hours worked1 and the hourly rate of    
pay4  7iii7 ,the name and title of all  
individuals responsible for the         
transaction on behalf of the employer   
for whom the covered employee is        

performing labor4  7iv7 ,any specific   
qualifications or attributes of an      
employee that are requested by the      
employer for whom the covered employee  
performs labor4  7v7 ,copies of all     
contracts 7if any7 or other agreements  
with1 and all invoices from1 the        
employer for whom the covered employee  
performs labor4  7vi7 ,copies of all    
employment notices provided in          
accordance with paragraph 7#f77;,a74    
7vii7 ,deductions to be made from the   
covered employee's compensation1 made by
 either the providing employer or the   
employer for whom the covered employee  
performs labor1 for the covered         
employee's transportation1 food1        
equipment1 withheld income tax1 withheld
 social security payments1 and any other
 deduction4  7viii7 ,documentation      
verifying the actual cost of any        
equipment or meal charged to a covered  
employee4  7ix7 ,the race and gender of 
each covered employee performing labor4 
7x7 ,any additional information as shall

 be required by regulation of the       
,secretary4  7,b7 ,transmission         
requirements  7i7 ,in general ,the      
employer for whom the covered employee  
is performing labor shall transmit all  
information required under subparagraph 
7,a77ii7 to the employer who has        
provided such covered employee not later
 than #g days following the last day of 
the work week worked for which the      
covered employee performed work for the 
employer4  7ii7 ,interaction with other 
requirements ,the failure of an employer
 for whom a covered employee is         
performing labor to transmit the        
information required under this         
subparagraph shall not exempt the       
covered employee's providing employer   
from any other recordkeeping            
requirements of this subsection4  7#h7  
,meals ,if a covered employee is        
provided with a meal1 the covered       
employee shall not be charged more than 
the actual cost of the meal4 ,a covered 
employee shall not be charged for any   

meal not consumed by the covered        
employee4 ,purchase of a meal by a      
covered employee shall not be a         
condition of employment or performance  
of labor4  7#i7 ,transportation  7,a7   
,in general ,a covered employee may not 
be charged any fee for transport to or  
from a designated worksite by either the
 employer who is providing the covered  
employee for the performance of labor or
 the employer for whom the covered      
employee is performing labor4  7,b7     
,responsibility ,the employer who is    
providing a covered employee to perform 
labor for another employer is           
responsible for the conduct and         
performance of any person whom the      
employer secures to transport the       
covered employee to or from a designated
 worksite and for the safety of the     
vehicle used for such transport1 unless 
the transporter is a part of public mass
 transportation or a common carrier4    
7,c7 ,referral limitations ,the employer
 who is providing a covered employee to 

perform labor for another employer may  
not refer the covered employee to any   
person for transportation to or from a  
worksite unless that person is-- 7i7    
part of public mass transportation2 or  
7ii7 providing the transportation for no
 fee4  7,d7 ,vehicle requirements ,any  
motor vehicle owned or operated by an   
employer who is providing a covered     
employee to another employer that is    
used for the covered employee's         
transportation to or from a worksite    
must have a seat and safety belt for    
each passenger and must be operated by a
 driver with a valid license to operate 
such motor vehicle4  7,e7 ,round-trip   
transportation ,if a covered employee is
 provided with transportation to a      
worksite by either the covered          
employee's providing employer or the    
employer for whom the covered employee  
is performing labor1 then the covered   
employee shall be provided with         
transportation back to the point of     
origin unless the covered employee      

agrees prior to leaving for the worksite
 that the covered employee already has  
secured or will secure alternative      
transportation at the end of the covered
 employee's shift4  7,f7 ,reimbursement 
and minimum compensation ,in any case   
where an employer providing a covered   
employee to perform labor for another   
employer dispatches a covered employee  
to a job that does not exist1 the       
providing employer shall--  7i7 refund  
the covered employee's reasonable       
transportation costs2 and  7ii7 pay the 
covered employee compensation equivalent
 to #b hours of work4  7#aj7 ,equipment 
,for any safety equipment1 specialized  
clothing1 accessories1 or any other     
items required by the nature of the     
work1 either by law1 custom1 or the     
employer for whom a covered employee is 
performing labor1 the covered employee--
 7,a7 shall not be charged for the items
 provided by the providing employer or  
the employer for whom the covered       
employee is performing labor1 unless the

 covered employee negligently damages or
 destroys such items2 and  7,b7 if the  
covered employee is required to purchase
 any such items1 the employer for whom  
the covered employee is performing labor
 shall refund the cost of such items1   
including any related shipping or       
handling1 to the covered employee4      
7#aa7 ,other charges ,no covered        
employee shall be charged by the        
employer who is providing the covered   
employee to perform labor1 or the       
employer for whom the covered employee  
is performing work1 for any of the      
following3  7,a7 ,registering with the  
covered employee's providing employer4  
7,b7 ,obtaining work assignments4  7,c7 
,drug tests4  7,d7 ,background checks4  
7,e7 ,debit cards used for payment of   
wages or any other method of wage       
payment4  4  7#b7 ,penalties  7,a7      
,prohibited acts ,section #ae7;a7 of the
 ,fair ,labor ,standards ,act of #aich  
7#bi ,u4,s4,c4 #bae7;a771 as amended by 
section #ajb7;a77#c77;,b71 is further   

amended by adding at the end the        
following3  7#h7 to violate any of the  
provisions of section #i7;b74  4  7,b7  
,penalties ,section #af7;e7 of the ,fair
 ,labor ,standards ,act of #aich 7#bi   
,u4,s4,c4 #baf7;e771 as amended by      
section #ajb7;a77#g77;,b71 is further   
amended by adding at the end the        
following3  7#i7 ,fines and penalties   
regarding temporary and other covered   
employees  7,a7 ,in general ,the        
,secretary may1 after notice and an     
opportunity for a hearing1 assess a     
civil penalty not to exceed #f1jjj      
against any employer that violates any  
of the provisions of section #i7;b7     
7except for paragraph 7#b77;,a7 or 7#c7 
of such section74 ,each violation of    
such section #i7;b7 for each day of the 
violation and for each covered employee 
shall constitute a separate and distinct
 violation of such section #i7;b74  7,b7
 ,registration violations ,the          
,secretary may1 after notice and an     
opportunity for a hearing1 assess a     

civil penalty against any employer that 
fails to register with the ,secretary of
 ,labor in accordance with section      
#i7;b77#b77;,a71 including any rules    
issued under such section1 of #ejj per  
violation4 ,each day during which an    
employer operates without registering   
shall be a separate and distinct        
violation of such section4  7,c7 ,civil 
penalty ,any employer for whom a covered
 employee performs labor that violates  
section #i7;b77#c7 shall be subject to a
 civil penalty of #ejj4 ,each day during
 which such employer contracts with a   
covered employee's employer who is not  
registered with the ,secretary of ,labor
 under section #i7;b77#b77;,a7 shall    
constitute a separate and distinct      
offense4  7,d7 ,revocation ,the         
,secretary may revoke the registration  
of an employer under section            
#i7;b77#b77;,a7 in any case where an    
employer willfully1 as determined by the
 ,department1 commits a violation of    
this section within #c years of an      

earlier violation of such section4  4   
#bje4 ,licensors  7a7 ,fair ,labor      
,standards ,act of #aich  7#a7 ,in      
general ,section #c7;d7 of the ,fair    
,labor ,standards ,act of #aich 7#bi    
,u4,s4,c4 #bjc7;d771 as amended by      
section #bjd7;a77#a71 is further amended
 by adding at the end the following3    
7#i7 ,licensors ,an entity licensing its
 brand1 name1 or other likeness to an   
employer1 or other entity responsible   
for the rights and protections of this  
,act with regard to the employees of    
such employer1 for consideration shall  
also be responsible for the rights and  
protections of this ,act with regard to 
the employees of such employer4  4  7#b7
 ,indemnification ,section #af of the   
,fair ,labor ,standards ,act of #aich1  
as amended by section #bjc7;a77#b71 is  
further amended by adding at the end the
 following3  7j7 ,licensees and         
licensors  7#a7 ,indemnification by     
licensor ,an employer or other entity   
that is found to be in violation of this

 ,act shall have the right to           
indemnification as described in         
paragraph 7#b7 from an entity licensing 
its brand1 name1 or other likeness to   
the employer or other entity1 in any    
case where the violation was--  7,a7 at 
the behest of the licensor2  7,b7 at the
 direction of the licensor2  7,c7       
pursuant to any policies1 agreements1 or
 contractual obligations emanating from 
the licensor2 or  7,d7 due to other     
direct or indirect control or pressure  
from the licensor4  7#b7 ,process for   
and type of indemnification             
,indemnification under paragraph 7#a7-- 
7,a7 may be sought by a licensee in any 
court of competent jurisdiction2 and    
7,b7 shall include a full recovery from 
the licensor of all compensatory and    
punitive damages1 civil monetary        
penalties1 attorney's fees1 or other    
amounts required to be paid by the      
licensee as a result of the violation of
 this ,act4  7#c7 ,prohibition on waiver
  7,a7 ,in general ,a licensor shall not

 require or otherwise request a licensee
 to waive the licensee's right to       
indemnification under this subsection4  
7,b7 ,penalty ,if a licensor violates   
subparagraph 7,a7-- 7i7 any             
indemnification waiver shall be null and
 void2 and  7ii7 the licensor shall be  
subject to a civil penalty of #ajj1jjj4 
7#d7 ,prohibition on retaliation  7,a7  
,in general ,a licensor shall not end   
the license agreement with1 take adverse
 action in relation to1 or otherwise    
discriminate against1 a licensee for    
pursuing indemnification under this     
subsection4  7,b7 ,penalty ,a licensor  
who violates subparagraph 7,a7 shall be 
subject to a civil penalty of #ajj1jjj4 
4  7b7 ,national ,labor ,relations ,act 
7#a7 ,in general ,section #b7b7 of the  
,national ,labor ,relations ,act 7#bi   
,u4,s4,c4 #aeb7b771 as amended by       
section #bjd7;a77#b71 is further amended
 by adding at the end the following3    
7,g7 ,licensors ,an entity licensing its
 brand1 name1 or other likeness to an   

employer1 or other entity responsible   
for the rights and protections of this  
,act with regard to the employees of    
such employer1 for consideration shall  
also be responsible for the rights and  
protections of this ,act with regard to 
the employees of such employer4  4  7#b7
 ,indemnification ,section #ab of the   
,national ,labor ,relations ,act 7#bi   
,u4,s4,c4 #afb71 as amended by section  
#bjc7;b77#b71 is further amended by     
adding at the end the following3  7h7   
,licensees and licensors  7#a7          
,indemnification by licensor ,an        
employer or other entity that is found  
to be in violation of this ,act shall   
have the right to indemnification as    
described in paragraph 7#b7 from an     
entity licensing its brand1 name1 or    
other likeness to the employer or other 
entity1 in any case where the violation 
was-- 7,a7 at the behest of the         
licensor2  7,b7 at the direction of the 
licensor2  7,c7 pursuant to any         
policies1 agreements1 or contractual    

obligations emanating from the licensor2
 or  7,d7 due to other direct or        
indirect control or pressure from the   
licensor4  7#b7 ,process for and type of
 indemnification ,indemnification under 
paragraph 7#a7--  7,a7 may be sought by 
a licensee in any court of competent    
jurisdiction2 and  7,b7 shall include a 
full recovery from the licensor of all  
compensatory and punitive damages1 civil
 monetary penalties1 attorney's fees1 or
 other amounts required to be paid by   
the licensee as a result of the         
violation of this ,act4  7#c7           
,prohibition on waiver  7,a7 ,in general
 ,a licensor shall not require or       
otherwise request a licensee to waive   
the licensee's right to indemnification 
under this subsection4  7,b7 ,penalty   
,if a licensor violates subparagraph    
7,a7--  7i7 any indemnification waiver  
shall be null and void2 and  7ii7 the   
licensor shall be subject to a civil    
penalty of #ajj1jjj4  7#d7 ,prohibition 
on retaliation  7,a7 ,in general ,a     

licensor shall not end the license      
agreement with1 take adverse action in  
relation to1 or otherwise discriminate  
against1 a licensee for pursuing        
indemnification under this subsection4  
7,b7 ,penalty ,a licensor who violates  
subparagraph 7,a7 shall be subject to a 
civil penalty of #ajj1jjj4  4  7c7      
,occupational ,safety and ,health ,act  
of #aigj  7#a7 ,in general ,section     
#c7e7 of the ,occupational ,safety and  
,health ,act of #aigj 7#bi ,u4,s4,c4    
#feb7e771 as amended by section         
#bjd7;a77#c71 is further amended by     
adding at the end the following3  7,h7  
,licensors ,an entity licensing its     
brand1 name1 or other likeness to an    
employer1 or other entity responsible   
for the rights and protections of this  
,act with regard to the employees of an 
employer1 or other entity responsible   
for the rights and protections of this  
,act with regard to the employees of    
such employer1 for consideration shall  
also be responsible for the rights and  

protections of this ,act with regard to 
the employees of such employer4  4  7#b7
 ,indemnification ,section #ag of the   
,occupational ,safety and ,health ,act  
of #aigj 7#bi ,u4,s4,c4 #fff71 as       
amended by section #bjc7;c77#b71 is     
further amended by adding at the end the
 following3  7p7 ,licensees and         
licensors  7#a7 ,indemnification by     
licensor ,an employer or other entity   
that is found to be in violation of this
 ,act shall have the right to           
indemnification as described in         
paragraph 7#b7 from an entity licensing 
its brand1 name1 or other likeness to   
the employer or other entity1 in any    
case where the violation was--  7,a7 at 
the behest of the licensor2  7,b7 at the
 direction of the licensor2  7,c7       
pursuant to any policies1 agreements1 or
 contractual obligations emanating from 
the licensor2 or  7,d7 due to other     
direct or indirect control or pressure  
from the licensor4  7#b7 ,process for   
and type of indemnification             

,indemnification under paragraph 7#a7-- 
7,a7 may be sought by a licensee in any 
court of competent jurisdiction2 and    
7,b7 shall include a full recovery from 
the licensor of all compensatory and    
punitive damages1 civil monetary        
penalties1 attorney's fees1 or other    
amounts required to be paid by the      
licensee as a result of the violation of
 this ,act4  7#c7 ,prohibition on waiver
  7,a7 ,in general ,a licensor shall not
 require or otherwise request a licensee
 to waive the licensee's right to       
indemnification under this subsection4  
7,b7 ,penalty ,if a licensor violates   
subparagraph 7,a7-- 7i7 any             
indemnification waiver shall be null and
 void2 and  7ii7 the licensor shall be  
subject to a civil penalty of #ajj1jjj4 
7#d7 ,prohibition on retaliation  7,a7  
,in general ,a licensor shall not end   
the license agreement with1 take adverse
 action in relation to1 or otherwise    
discriminate against1 a licensee for    
pursuing indemnification under this     

subsection4  7,b7 ,penalty ,a licensor  
who violates subparagraph 7,a7 shall be 
subject to a civil penalty of #ajj1jjj4 
4  7d7 ,federal ,mine ,safety and       
,health ,act of #aigg  7#a7 ,in general 
,section #d;,b of the ,federal ,mine    
,safety and ,health ,act of #aigg1 as   
amended by section #bjd7;a77#d71 is     
further amended by adding at the end the
 following3  7e7 ,licensors ,an entity  
licensing its brand1 name1 or other     
likeness to an operator of a coal or    
other mine1 or other entity responsible 
for the rights and protections of this  
,act with regard to the miners employed 
by such operator1 for consideration     
shall also be responsible for the rights
 and protections of this ,act with      
regard to the miners employed by such   
operator4  4  7#b7 ,indemnification     
,section #aah of the ,federal ,mine     
,safety and ,health ,act of #aigg1 as   
amended by section #bjc7;d77#b71 is     
further amended by adding at the end the
 following3  7d7 ,licensees and         

licensors  7#a7 ,indemnification by     
licensor ,an operator or other entity   
that is found to be in violation of this
 ,act shall have the right to           
indemnification as described in         
paragraph 7#b7 from an entity licensing 
its brand1 name1 or other likeness to   
the operator or other entity1 in any    
case where the violation was-- 7,a7 at  
the behest of the licensor2  7,b7 at the
 direction of the licensor2  7,c7       
pursuant to any policies1 agreements1 or
 contractual obligations emanating from 
the licensor2 or  7,d7 due to other     
direct or indirect control or pressure  
from the licensor4  7#b7 ,process for   
and type of indemnification             
,indemnification under paragraph 7#a7-- 
7,a7 may be sought by a licensee in any 
court of competent jurisdiction2 and    
7,b7 shall include a full recovery from 
the licensor of all compensatory and    
punitive damages1 civil monetary        
penalties1 attorney's fees1 or other    
amounts required to be paid by the      

licensee as a result of the violation of
 this ,act4  7#c7 ,prohibition on waiver
  7,a7 ,in general ,a licensor shall not
 require or otherwise request a licensee
 to waive the licensee's right to       
indemnification under this subsection4  
7,b7 ,penalty ,if a licensor violates   
subparagraph 7,a7--  7i7 any            
indemnification waiver shall be null and
 void2 and  7ii7 the licensor shall be  
subject to a civil penalty of #ajj1jjj4 
7#d7 ,prohibition on retaliation  7,a7  
,in general ,a licensor shall not end   
the license agreement with1 take adverse
 action in relation to1 or otherwise    
discriminate against1 a licensee for    
pursuing indemnification under this     
subsection4  7,b7 ,penalty ,a licensor  
who violates subparagraph 7,a7 shall be 
subject to a civil penalty of #ajj1jjj4 
4  7e7 ,migrant and ,seasonal           
,agricultural ,worker ,protection ,act  
7#a7 ,in general ,section #e7;c7 of the 
,migrant and ,seasonal ,agricultural    
,worker ,protection ,act1 as amended by 

section #bjd7;a77#e71 is further amended
 by adding at the end the following3    
7#f7 ,licensors ,an entity licensing its
 brand1 name1 or other likeness to a    
farm labor contractor1 agricultural     
employer1 or agricultural association1  
or other entity responsible for the     
rights and protections of this ,act with
 regard to the migrant agricultural     
workers or seasonal agricultural workers
 of the farm labor contractor1          
agricultural employer1 or agricultural  
association1 for consideration shall    
also be responsible for the rights and  
protections of this ,act with regard to 
such migrant agricultural workers and   
seasonal agricultural workers4  4  7#b7 
,indemnification ,section #eje of the   
,migrant and ,seasonal ,agricultural    
,worker ,protection ,act1 as amended by 
section #bjc7;e77#b71 is further amended
 by adding at the end the following3    
7d7 ,licensees and licensors  7#a7      
,indemnification by licensor ,a farm    
labor contractor1 agricultural employer1

 agricultural association1 or other     
entity that is found to be in violation 
of this ,act shall have the right to    
indemnification as described in         
paragraph 7#b7 from an entity licensing 
its brand1 name1 or other likeness to   
the farm labor contractor1 agricultural 
employer1 agricultural association1 or  
other entity1 in any case where the     
violation was--  7,a7 at the behest of  
the licensor2  7,b7 at the direction of 
the licensor2  7,c7 pursuant to any     
policies1 agreements1 or contractual    
obligations emanating from the licensor2
 or  7,d7 due to other direct or        
indirect control or pressure from the   
licensor4  7#b7 ,process for and type of
 indemnification ,indemnification under 
paragraph 7#a7-- 7,a7 may be sought by a
 licensee in any court of competent     
jurisdiction2 and  7,b7 shall include a 
full recovery from the licensor of all  
compensatory and punitive damages1 civil
 monetary penalties1 attorney's fees1 or
 other amounts required to be paid by   

the licensee as a result of the         
violation of this ,act4  7#c7           
,prohibition on waiver  7,a7 ,in general
 ,a licensor shall not require or       
otherwise request a licensee to waive   
the licensee's right to indemnification 
under this subsection4  7,b7 ,penalty   
,if a licensor violates subparagraph    
7,a7-- 7i7 any indemnification waiver   
shall be null and void2 and  7ii7 the   
licensor shall be subject to a civil    
penalty of #ajj1jjj4  7#d7 ,prohibition 
on retaliation  7,a7 ,in general ,a     
licensor shall not end the license      
agreement with1 take adverse action in  
relation to1 or otherwise discriminate  
against1 a licensee for pursuing        
indemnification under this subsection4  
7,b7 ,penalty ,a licensor who violates  
subparagraph 7,a7 shall be subject to a 
civil penalty of #ajj1jjj4  4  7f7      
,davis-,bacon ,act  7#a7 ,in general    
,section #cadd;b of title #dj1 ,united  
,states ,code1 as amended by section    
#bjd7;a77#f71 is further amended by     

adding at the end the following3  7e7   
,licensors ,an entity licensing its     
brand1 name1 or other likeness to a     
contractor or subcontractor1 or other   
entity responsible for the rights and   
protections of this subchapter with     
regard to the laborers or mechanics of  
such contractor or subcontractor1 for   
consideration shall also be responsible 
for the rights and protections of this  
subchapter with regard to such laborers 
or mechanics4  4  7#b7 ,indemnification 
,section #cadd;c of title #dj1 ,united  
,states ,code1 as amended by section    
#bjc7;f77#b71 is further amended by     
adding at the end the following3  7g7   
,licensees and licensors  7#a7          
,indemnification by licensor ,a         
contractor1 subcontractor1 or other     
entity that is found to be in violation 
of this subchapter shall have the right 
to indemnification as described in      
paragraph 7#b7 from an entity licensing 
its brand1 name1 or other likeness to   
the employer or other entity1 in any    

case where the violation was-- 7,a7 at  
the behest of the licensor2  7,b7 at the
 direction of the licensor2  7,c7       
pursuant to any policies1 agreements1 or
 contractual obligations emanating from 
the licensor2 or  7,d7 due to other     
direct or indirect control or pressure  
from the licensor4  7#b7 ,process for   
and type of indemnification             
,indemnification under paragraph 7#a7-- 
7,a7 may be sought by a licensee in any 
court of competent jurisdiction2 and    
7,b7 shall include a full recovery from 
the licensor of all compensatory and    
punitive damages1 civil monetary        
penalties1 attorney's fees1 or other    
amounts required to be paid by the      
licensee as a result of the violation of
 this subchapter4  7#c7 ,prohibition on 
waiver  7,a7 ,in general ,a licensor    
shall not require or otherwise request a
 licensee to waive the licensee's right 
to indemnification under this           
subsection4  7,b7 ,penalty ,if a        
licensor violates subparagraph 7,a7--   

7i7 any indemnification waiver shall be 
null and void2 and  7ii7 the licensor   
shall be subject to a civil penalty of  
#ajj1jjj4  7#d7 ,prohibition on         
retaliation  7,a7 ,in general ,a        
licensor shall not end the license      
agreement with1 take adverse action in  
relation to1 or otherwise discriminate  
against1 a licensee for pursuing        
indemnification under this subsection4  
7,b7 ,penalty ,a licensor who violates  
subparagraph 7,a7 shall be subject to a 
civil penalty of #ajj1jjj4  4  7g7      
,mc,namara-,o',hara ,service ,contract  
,act  7#a7 ,in general ,section #fgja;a 
of title #da1 ,united ,states ,code1 as 
amended by section #bjd7;a77#g71 is     
further amended by adding at the end the
 following3  7e7 ,licensors ,an entity  
licensing its brand1 name1 or other     
likeness to a contractor1 or other      
entity responsible for the rights and   
protections of this chapter with regard 
to the service employees of such        
contractor1 for consideration shall also

 be responsible for the rights and      
protections of this chapter with regard 
to such service employees4  4  7#b7     
,indemnification ,section #fgjg of title
 #da1 ,united ,states ,code1 as amended 
by section #bjc7;g77#b71 is further     
amended by adding at the end the        
following3  7d7 ,licensees and licensors
  7#a7 ,indemnification by licensor ,a  
contractor1 subcontractor1 or other     
entity that is found to be in violation 
of this chapter shall have the right to 
indemnification as described in         
paragraph 7#b7 from an entity licensing 
its brand1 name1 or other likeness to   
the employer or other entity1 in any    
case where the violation was--  7,a7 at 
the behest of the licensor2  7,b7 at the
 direction of the licensor2  7,c7       
pursuant to any policies1 agreements1 or
 contractual obligations emanating from 
the licensor2 or  7,d7 due to other     
direct or indirect control or pressure  
from the licensor4  7#b7 ,process for   
and type of indemnification             

,indemnification under paragraph 7#a7-- 
7,a7 may be sought by a licensee in any 
court of competent jurisdiction2 and    
7,b7 shall include a full recovery from 
the licensor of all compensatory and    
punitive damages1 civil monetary        
penalties1 attorney's fees1 or other    
amounts required to be paid by the      
licensee as a result of the violation of
 this chapter4  7#c7 ,prohibition on    
waiver  7,a7 ,in general ,a licensor    
shall not require or otherwise request a
 licensee to waive the licensee's right 
to indemnification under this           
subsection4  7,b7 ,penalty ,if a        
licensor violates subparagraph 7,a7--   
7i7 any indemnification waiver shall be 
null and void2 and  7ii7 the licensor   
shall be subject to a civil penalty of  
#ajj1jjj4  7#d7 ,prohibition on         
retaliation  7,a7 ,in general ,a        
licensor shall not end the license      
agreement with1 take adverse action in  
relation to1 or otherwise discriminate  
against1 a licensee for pursuing        

indemnification under this subsection4  
7,b7 ,penalty ,a licensor who violates  
subparagraph 7,a7 shall be subject to a 
civil penalty of #ajj1jjj4  4  7h7      
,walsh-,healey ,public ,contracts ,act  
7#a7 ,in general ,section #feja;b of    
title #da1 ,united ,states ,code1 as    
amended by section #bjd7;a77#h71 is     
further amended by adding at the end the
 following3  7e7 ,licensors ,an entity  
licensing its brand1 name1 or other     
likeness to a contractor1 or other      
entity responsible for the rights and   
protections of this chapter with regard 
to individuals employed in the          
manufacture or furnishing of materials1 
supplies1 articles1 or equipment under a
 contract to which this chapter applies 
by such contractor1 for consideration   
shall also be responsible for the rights
 and protections of this chapter with   
regard to such individuals4  4  7#b7    
,indemnification ,section #fejf;b of    
title #da1 ,united ,states ,code1 as    
amended by section #bjc7;h77#b71 is     

further amended by adding at the end the
 following3  7g7 ,licensees and         
licensors  7#a7 ,indemnification by     
licensor ,a contractor1 subcontractor1  
or other entity that is found to be in  
violation of this chapter shall have the
 right to indemnification as described  
in paragraph 7#b7 from an entity        
licensing its brand1 name1 or other     
likeness to the employer or other       
entity1 in any case where the violation 
was-- 7,a7 at the behest of the         
licensor2  7,b7 at the direction of the 
licensor2  7,c7 pursuant to any         
policies1 agreements1 or contractual    
obligations emanating from the licensor2
 or  7,d7 due to other direct or        
indirect control or pressure from the   
licensor4  7#b7 ,process for and type of
 indemnification ,indemnification under 
paragraph 7#a7--  7,a7 may be sought by 
a licensee in any court of competent    
jurisdiction2 and  7,b7 shall include a 
full recovery from the licensor of all  
compensatory and punitive damages1 civil

 monetary penalties1 attorney's fees1 or
 other amounts required to be paid by   
the licensee as a result of the         
violation of this chapter4  7#c7        
,prohibition on waiver  7,a7 ,in general
 ,a licensor shall not require or       
otherwise request a licensee to waive   
the licensee's right to indemnification 
under this subsection4  7,b7 ,penalty   
,if a licensor violates subparagraph    
7,a7--  7i7 any indemnification waiver  
shall be null and void2 and  7ii7 the   
licensor shall be subject to a civil    
penalty of #ajj1jjj4  7#d7 ,prohibition 
on retaliation  7,a7 ,in general ,a     
licensor shall not end the license      
agreement with1 take adverse action in  
relation to1 or otherwise discriminate  
against1 a licensee for pursuing        
indemnification under this subsection4  
7,b7 ,penalty ,a licensor who violates  
subparagraph 7,a7 shall be subject to a 
civil penalty of #ajj1jjj4  4  7i7      
,family and ,medical ,leave ,act of     
#aiic  7#a7 ,in general ,section #aja7d7

 of the ,family and ,medical ,leave ,act
 of #aiic 7#bi ,u4,s4,c4 #bfaa71 as     
amended by section #bjd7;a77#i71 is     
further amended by adding at the end the
 following3  7,h7 ,licensors ,an entity 
licensing its brand1 name1 or other     
likeness to an employer for             
consideration shall also be responsible 
for the rights and protections of this  
,act with regard to the employees of    
such employer4  4  7#b7 ,indemnification
 ,section #ajg of the ,family and       
,medical ,leave ,act of #aiic 7#bi      
,u4,s4,c4 #bfag71 as amended by section 
#bjc7;i77#b71 by inserting after        
subsection 7g7 the following3  7h7      
,licensees and licensors  7#a7          
,indemnification by licensor ,an        
employer or other entity that is found  
to be in violation of this ,act shall   
have the right to indemnification as    
described in paragraph 7#b7 from an     
entity licensing its brand1 name1 or    
other likeness to the employer or other 
entity1 in any case where the violation 

was--  7,a7 at the behest of the        
licensor2  7,b7 at the direction of the 
licensor2  7,c7 pursuant to any         
policies1 agreements1 or contractual    
obligations emanating from the licensor2
 or  7,d7 due to other direct or        
indirect control or pressure from the   
licensor4  7#b7 ,process for and type of
 indemnification ,indemnification under 
paragraph 7#a7-- 7,a7 may be sought by a
 licensee in any court of competent     
jurisdiction2 and  7,b7 shall include a 
full recovery from the licensor of all  
compensatory and punitive damages1 civil
 monetary penalties1 attorney's fees1 or
 other amounts required to be paid by   
the licensee as a result of the         
violation of this ,act4  7#c7           
,prohibition on waiver  7,a7 ,in general
 ,a licensor shall not require or       
otherwise request a licensee to waive   
the licensee's right to indemnification 
under this subsection4  7,b7 ,penalty   
,if a licensor violates subparagraph    
7,a7-- 7i7 any indemnification waiver   

shall be null and void2 and  7ii7 the   
licensor shall be subject to a civil    
penalty of #ajj1jjj4  7#d7 ,prohibition 
on retaliation  7,a7 ,in general ,a     
licensor shall not end the license      
agreement with1 take adverse action in  
relation to1 or otherwise discriminate  
against1 a licensee for pursuing        
indemnification under this subsection4  
7,b7 ,penalty ,a licensor who violates  
subparagraph 7,a7 shall be subject to a 
civil penalty of #ajj1jjj4  4  7j7      
,federal ,unemployment ,tax ,act        
7,,futa7  7#a7 ,in general ,section     
#ccjf7w7 of the ,internal ,revenue ,code
 of #aihf1 as amended by section        
#bjd7;a77#aj71 is amended by adding at  
the end the following new paragraphs3   
7#h7 ,paragraph 7#i7 of section #c7;d7  
of such ,act4  7#i7 ,subsection 7j7 of  
section #af of such ,act4  4  7#b7      
,effective date ,the amendment made by  
paragraph 7#a7 shall apply to services  
rendered on or after ,january #a1 #bjbb4
  #bjf4 ,labor contractors  7a7 ,fair   

,labor ,standards ,act of #aich ,section
 #c7;d7 of the ,fair ,labor ,standards  
,act of #aich 7#bi ,u4,s4,c4 #bjc7;d771 
as amended by section #bje7;a77#a71 is  
further amended by adding at the end the
 following3  7#aj7 ,labor contractors   
,an employer shall also be responsible  
for the rights and protections of this  
,act with regard to an employee of a    
labor contractor1 or any labor          
subcontractors under a labor contractor1
 in any case where such labor contractor
 or labor subcontractor is responsible  
for the rights and protections of this  
,act with respect to the employee4  4   
7b7 ,national ,labor ,relations ,act    
7#a7 ,in general ,section #b7b7 of the  
,national ,labor ,relations ,act 7#bi   
,u4,s4,c4 #aeb7b771 as amended by       
section #bje7;b71 is further amended by 
adding at the end the following3  7,h7  
,labor contractors ,an employer shall   
also be responsible for the rights and  
protections of this ,act with regard to 
an employee of a labor contractor1 or   

any labor subcontractors under a labor  
contractor1 in any case where such labor
 contractor or labor subcontractor is   
responsible for the rights and          
protections of this ,act with respect to
 the employee4  4  7#b7 ,unfair labor   
practice ,section #h7;a7 of the         
,national ,labor ,relations ,act 7#bi   
,u4,s4,c4 #aeh7;a771 as amended by      
section #ajb7;b77#c77;,b71 is further   
amended by adding at the end the        
following3  7#h7 to reject contractors  
in whole or in part because the         
contractors have workforces represented 
by labor organizations1 including-- 7,a7
 when the employer initially solicits   
bids for a contract for an              
as-yet-unchosen contractor to provide a 
good or service to the employer1 by     
rejecting any contractor in whole or in 
part because the contractor's workforce 
is represented by a labor organization2 
or  7,b7 when an employer has an        
existing contract with a contractor and 
the contractor's employees are          

considering to organize or have chosen  
to organize in accordance with the      
rights provided under section #g1 by--  
7i7 ending the employer's existing      
contract with the contractor2  7ii7 not 
renewing the employer's existing        
contract with the contractor if the     
contract is set to expire2 or  7iii7    
threatening to end or not renew the     
employer's existing contract with the   
contractor1  in whole or in part because
 of the labor organization consideration
 or representation described in the     
matter preceding clause 7i74  4  7c7    
,occupational ,safety and ,health ,act  
of #aigj ,section #c7e7 of the          
,occupational ,safety and ,health ,act  
of #aigj 7#bi ,u4,s4,c4 #feb7e771 as    
amended by section #bje7;c77#a71 is     
further amended by adding at the end the
 following3  7,i7 ,labor contractors ,an
 employer shall also be responsible for 
the rights and protections of this ,act 
with regard to an employee of a labor   
contractor1 or any labor subcontractors 

under a labor contractor1 in any case   
where such labor contractor or labor    
subcontractor is responsible for the    
rights and protections of this ,act with
 respect to the employee4  4  7d7       
,federal ,mine ,safety and ,health ,act 
of #aigg ,section #d;,b of the ,federal 
,mine ,safety and ,health ,act of #aigg1
 as amended by section #bje7;d71 is     
further amended by adding at the end the
 following3  7f7 ,labor ,contractors ,an
 employer shall also be responsible for 
the rights and protections of this ,act 
with regard to a miner of a coal or     
other mine employed by a labor          
contractor1 or any labor subcontractors 
under a labor contractor1 in any case   
where such labor contractor or labor    
subcontractor is responsible for the    
rights and protections of this ,act with
 respect to the miner4  4  7e7 ,migrant 
and ,seasonal ,agricultural ,worker     
,protection ,act ,section #d7;c7 of the 
,migrant and ,seasonal ,agricultural    
,worker ,protection ,act1 as amended by 

section #bje7;e77#a71 is further amended
 by adding at the end the following3    
7#g7 ,labor ,contractors ,a farm labor  
contractor1 agricultural employer1 or   
agricultural association shall also be  
responsible for the rights and          
protections of this ,act with regard to 
a migrant agricultural worker or        
seasonal agricultural worker of a labor 
contractor1 or any labor subcontractors 
under a labor contractor1 in any case   
where such labor contractor or labor    
subcontractor is responsible for the    
rights and protections of this ,act with
 respect to the migrant agricultural    
worker or seasonal agricultural worker4 
4  7f7 ,davis-,bacon ,act ,section      
#cadd;b of title #dj1 ,united ,states   
,code1 as amended by section            
#bje7;f77#a71 is further amended by     
adding at the end the following3  7f7   
,contractors' liability for labor       
subcontractors ,an employer who is a    
contractor subject to the requirements  
of this subchapter shall also be        

responsible for the rights and          
protections of this subchapter with     
regard to an employee of any labor      
subcontractor of the contractor1 or any 
labor subcontractors under a labor      
subcontractor1 in any case where--  7#a7
 the employee is performing work under a
 contract to which this subchapter      
applies2 and  7#b7 such labor           
subcontractor1 or labor subcontractor of
 a labor subcontractor1 is responsible  
for the rights and protections of this  
subchapter with respect to a laborer or 
mechanic4  4  7g7 ,mc,namara-,o',hara   
,service ,contract ,act ,section #fgja;a
 of title #da1 ,united ,states ,code1 as
 amended by section #bje7;g71 is further
 amended by adding at the end the       
following3  7f7 ,contractors' liability 
for labor subcontractors ,an employer   
who is a contractor subject to the      
requirements of this chapter shall also 
be responsible for the rights and       
protections of this chapter with regard 
to an employee of any labor             

subcontractor of the contractor1 or any 
labor subcontractors under a labor      
subcontractor1 in any case where--  7#a7
 the employee is performing work under a
 contract to which this chapter applies2
 and  7#b7 such labor subcontractor1 or 
labor subcontractor of a labor          
subcontractor1 is responsible for the   
rights and protections of this chapter  
with respect to a service employee4  4  
7h7 ,walsh-,healey ,public ,contracts   
,act ,section #feja;b of title #da1     
,united ,states ,code1 as amended by    
section #bje7;h71 is further amended by 
adding at the end the following3  7f7   
,contractors' liability for labor       
subcontractors ,an employer who is a    
contractor subject to the requirements  
of this chapter shall also be           
responsible for the rights and          
protections of this chapter with regard 
to an employee of any labor             
subcontractor of the contractor1 or any 
labor subcontractors under a labor      
subcontractor1 in any case where--  7#a7

 the employee is employed in the        
manufacture or furnishing of materials1 
supplies1 articles1 or equipment under a
 contract to which this chapter applies2
 and  7#b7 such labor subcontractor1 or 
labor subcontractor of a labor          
subcontractor1 is responsible for the   
rights and protections of this chapter  
with respect to the employee4  4  7i7   
,family and ,medical ,leave ,act of     
#aiic ,section #aja7d7 of the ,family   
and ,medical ,leave ,act of #aiic 7#bi  
,u4,s4,c4 #bfaa71 as amended by section 
#bje7;i71 is further amended by adding  
at the end the following3  7,i7 ,labor  
contractors ,an employer shall also be  
responsible for the rights and          
protections of this ,act with regard to 
an employee of a labor contractor1 or   
any labor subcontractors under a labor  
contractor1 in any case where such labor
 contractor or labor subcontractor is   
responsible for the rights and          
protections of this ,act with respect to
 the employee4  4  7j7 ,federal         

,unemployment ,tax ,act 7,,futa7  7#a7  
,in general ,section #ccjf7w7 of the    
,internal ,revenue ,code of #aihf1 as   
amended by section #bje7;j71 is amended 
by adding at the end the following new  
paragraph3  7#aj7 ,paragraph 7#aj7 of   
section #c7;d7 of such ,act4  4  7#b7   
,effective date ,the amendment made by  
paragraph 7#a7 shall apply to services  
rendered on or after ,january #a1 #bjbb4
  #bjg4 ,supply chain responsibility    
plan  7a7 ,fair ,labor ,standards ,act  
of #aich  7#a7 ,supply chain            
responsibility plan ,section #aa of the 
,fair ,labor ,standards ,act of #aich   
7#bi ,u4,s4,c4 #baa7 is amended by      
adding at the end the following3  7e7   
,supply chain responsibility plan  7#a7 
,definitions ,in this subsection3 7,a7  
,covered employer ,the term covered     
employer means an employer that employs 
#ajj or more employees4  7,b7 ,covered  
laws ,the term covered laws means all of
 the following3 7i7 ,this ,act4  7ii7   
,the ,national ,labor ,relations ,act4  

7iii7 ,the ,occupational ,safety and    
,health ,act of #aigj4  7iv7 ,the       
,federal ,mine ,safety and ,health ,act 
of #aigg4  7v7 ,the ,migrant and        
,seasonal ,agricultural ,worker         
,protection ,act4  7vi7 ,subchapter ,,iv
 of chapter #ca of title #dj1 ,united   
,states ,code 7commonly known as the    
,davis-,bacon ,act74  7vii7 ,chapter #fg
 of title #da1 ,united ,states ,code    
7commonly known as the                  
,mc,namara-,o',hara ,service ,contract  
,act74  7viii7 ,chapter #fe of title    
#da1 ,united ,states ,code 7commonly    
known as the ,walsh-,healey ,public     
,contracts ,act of #aicf74  7ix7 ,the   
,family and ,medical ,leave ,act of     
#aiic4  7x7 ,violations of ,state law   
required under section #ccjd of the     
,internal ,revenue ,code of #aihf4  7xi7
 ,the applicable labor laws of any      
country in which an employer that is    
part of a covered employer's supply     
chain operates1 with respect to         
employees employed in such country4     

7#b7 ,development of plan ,each covered 
employer shall develop and carry out a  
supply chain responsibility plan        
described in paragraph 7#c7 that        
describes how the employer will attempt 
to ensure that the employer's primary   
supply chain does not include any       
employer that regularly violates-- 7,a7 
an individual covered law2 or  7,b7 the 
covered laws1 when considered as a      
whole4  7#c7 ,contents ,each supply     
chain responsibility plan shall include1
 at a minimum--  7,a7 an assessment of--
 7i7 the violations under each covered  
law by each employer with more than #ai 
employees in the covered employer's     
supply chain2 and  7ii7 the violations  
under each covered law by each employer 
that provides a large volume or dollar  
amount of the covered employer's supply 
chain2  7,b7 a plan for--  7i7 removing 
from the covered employer's supply chain
 each employer described in subparagraph
 7,a7 that regularly violates-- 7,i7 an 
individual covered law2 or  7,,ii7 the  

covered laws1 when considered as a      
whole2 or  7ii7 if clause 7i7 is not    
possible with respect to a particular   
employer described in subparagraph 7,a7 
due to an extremely limited number of   
employers that could fulfill specific   
portions of the covered employer's      
supply chain1 utilizing the leverage    
that the covered employer has as a      
purchaser to pressure the particular    
employer to improve compliance with the 
covered laws2  7,c7 a list of the       
organizations that the covered employer 
has identified to assist the covered    
employer in this process1 including     
workers' rights advocates2 and  7,d7 any
 other information the ,secretary       
determines necessary4  7#d7 ,submission 
,each covered employer shall annually   
submit the supply chain responsibility  
plan to the ,secretary and shall post   
the most recent plan publicly on the    
covered employer's website4  4  7#b7    
,penalties ,section #af7;e7 of the ,fair
 ,labor ,standards ,act of #aich 7#bi   

,u4,s4,c4 #baf7;e771 as amended by      
section #bjd7;c77#b77;,b71 is further   
amended by adding at the end the        
following3  7#aj7 ,penalties for        
violations regarding supply chain       
responsibility plans ,any person who    
violates section #aa7;e77#c7 by not     
submitting or posting a complete supply 
chain responsibility plan each year     
shall be subject to a civil penalty of  
#ej1jjj for each month of noncompliance4
  4  7b7 ,national labor relations act  
7#a7 ,supply chain responsibility plan  
,section #h of the ,national ,labor     
,relations ,act 7#bi ,u4,s4,c4 #aeh71 as
 amended by section #ajb7;b77#e71 is    
further amended by adding at the end the
 following3  7i7 ,supply chain          
responsibility plan ,it shall be an     
unfair labor practice for an employer   
who is a covered employer1 as defined in
 section #aa7;e77#a7 of the ,fair ,labor
 ,standards ,act of #aich 7#bi ,u4,s4,c4
 #baa7;e77#a771 to fail to annually--   
7#a7 submit1 as part of the covered     

employer's supply chain responsibility  
plan under section #aa7;e7 of such ,act1
 the information required under such    
,act that relates to this ,act2 and     
7#b7 include such information in the    
plan posted publicly on the covered     
employer's website4  4  7#b7 ,penalties 
,section #ab of the ,national ,labor    
,relations ,act 7#bi ,u4,s4,c4 #afb71 as
 amended by section #ajb7;b77#g77;,b71  
is further amended by inserting after   
subsection 7c7 the following3  7d7      
,civil penalty for failure ,to submit a 
complete supply chain responsibility    
plan ,any person who violates section   
#h7;i7 shall be subject to a civil      
penalty of #ej1jjj for each month of    
noncompliance4  4  7c7 ,occupational    
,safety and ,health ,act of #aigj  7#a7 
,supply chain responsibility plan       
,section #e of the ,occupational ,safety
 and ,health ,act of #aigj 7#bi         
,u4,s4,c4 #fed7 is amended by adding at 
the end the following3  7c7 ,supply     
chain responsibility plan ,an employer  

who is a covered employer1 as defined in
 section #aa7;e77#a7 of the ,fair ,labor
 ,standards ,act of #aich 7#bi ,u4,s4,c4
 #baa7;e77#a771 shall annually-- 7#a7   
submit1 as part of the employer's supply
 chain responsibility plan under section
 #aa7;e7 of such ,act1 the information  
required under such section that relates
 to this ,act2 and  7#b7 include such   
information in the plan posted publicly 
on the employer's website4  4  7#b7     
,penalties ,section #ag of the          
,occupational ,safety and ,health ,act  
of #aigj 7#bi ,u4,s4,c4 #fff71 as       
amended by section #bje7;c77#b71 is     
further amended by inserting after      
subsection 7k7 the following3  7l7      
,penalties for violations regarding     
supply chain responsibility plans ,any  
person who violates section #e7;c7 shall
 be subject to a civil penalty of       
#ej1jjj for each month of noncompliance4
  4  7d7 ,federal ,mine ,safety and     
,health ,act of #aigg  7#a7 ,supply     
chain responsibility plan ,section #aji 

of the ,federal ,mine ,safety and       
,health ,act of #aigg 7#cj ,u4,s4,c4    
#hai7 is amended--  7,a7 in the section 
heading1 by inserting 2 supply chain    
responsibility plans after decisions2   
and  7,b7 by adding at the end the      
following3  7e7 ,supply chain           
responsibility plans ,each operator that
 is a covered employer1 as defined in   
section #aa7;e77#a7 of the ,fair ,labor 
,standards ,act of #aich 7#bi ,u4,s4,c4 
#baa7;e77#a771 shall annually-- 7#a7    
submit1 as part of the operator's supply
 chain responsibility plan under section
 #aa7;e7 of such ,act1 the information  
required under such section that relates
 to this ,act2 and  7#b7 include such   
information in the plan posted publicly 
on the operator's website4  4  7#b7     
,penalties ,section #aaj of the ,federal
 ,mine ,safety and ,health ,act of #aigg
 7#cj ,u4,s4,c4 #hbj71 as amended by    
section #ajb7;d77#f77;,b71 is further   
amended by inserting after subsection   
7j7 the following3  7k7 ,civil penalty  

for failure ,to submit a supply chain   
responsibility plan ,any operator who   
violates section #aji7;e7 shall be      
subject to a civil penalty of #ej1jjj   
for each month of noncompliance4  4  7e7
 ,migrant and ,seasonal ,agricultural   
,worker ,protection ,act  7#a7 ,supply  
chain responsibility plan ,title ,,iv of
 the ,migrant and ,seasonal             
,agricultural ,worker ,protection ,act  
7#bi ,u4,s4,c4 #ahda et seq471 as       
amended by section #ajb7;e77#c771 is    
further amended by adding at the end the
 following3  #djf4 ,supply chain        
responsibility plan  7a7 ,definition of 
responsible entity ,in this section1 the
 term responsible entity means a farm   
labor contractor1 agricultural employer1
 or agricultural association1 that is a 
covered employer1 as defined in section 
#aa7;e77#a7 of the ,fair ,labor         
,standards ,act of #aich 7#bi ,u4,s4,c4 
#baa7;e77#a774  7b7 ,supply chain       
responsibility plans ,each responsible  
entity shall annually--  7#a7 submit1 as

 part of the responsible entity's supply
 chain responsibility plan under section
 #aa7;e7 of such ,act1 the information  
required under such section that relates
 to this ,act2 and  7#b7 include such   
information in the plan posted publicly 
on the responsible entity's website4  4 
7#b7 ,penalties ,section #ejc7;a7 of the
 ,migrant and ,seasonal ,agricultural   
,worker ,protection ,act 7#bi ,u4,s4,c4 
#ahec7;a771 as amended by section       
#ajb7;e77#f77;,b71 is further amended by
 adding at the end the following3  7#e7 
,penalties for violations regarding     
supply chain responsibility plans ,any  
person who violates section #djf7;b7    
shall be subject to a civil penalty of  
#ej1jjj for each month of noncompliance4
  4  7f7 ,davis-,bacon ,act  7#a7       
,supply chain responsibility plan       
,subchapter ,,iv of chapter #ca of title
 #dj1 ,united ,states ,code1 as amended 
by this ,act1 is further amended by     
inserting after section #cadc the       
following3  #cadc;a4 ,supply chain      

responsibility plan  7a7 ,covered       
contractor ,in this section1 the term   
covered contractor means a contractor or
 subcontractor--  7#a7 for a contract   
subject to the requirements of this     
subchapter2 and  7#b7 that is a covered 
employer1 as defined in section         
#aa7;e77#a7 of the ,fair ,labor         
,standards ,act of #aich 7#bi ,u4,s4,c4 
#baa7;e77#a774  7b7 ,in general ,each   
covered contractor shall annually-- 7#a7
 submit1 as part of the covered         
contractor's supply chain responsibility
 plan under section #aa7;e7 of such     
,act1 the information required under    
such section that relates to this       
subchapter2 and  7#b7 include such      
information in the plan posted publicly 
on the covered contractor's website4  4 
7#b7 ,penalties ,section #cadd;c of     
title #dj1 ,united ,states ,code1 as    
amended by section #bjd7;f77#b71 is     
further amended by inserting after      
subsection 7b7 the following3  7c7      
,penalties for violations regarding     

supply chain responsibility plans ,any  
person who violates section #cadc;a of  
this title shall be subject to a civil  
penalty of #ej1jjj for each month of    
noncompliance4  4  7g7                  
,mc,namara-,o',hara ,service ,contract  
,act ,chapter #fg of title #da1 ,united 
,states ,code1 as amended by section    
#bjb7;b77#g77;,a71 is further amended by
 inserting after section #fgjd the      
following3  #fgje4 ,supply chain        
responsibility plan  7a7 ,covered       
contractor ,in this section1 the term   
covered contractor means a contractor or
 subcontractor-- 7#a7 for a contract    
subject to the requirements of this     
chapter2 and  7#b7 that is a covered    
employer1 as defined in section         
#aa7;e77#a7 of the ,fair ,labor         
,standards ,act of #aich 7#bi ,u4,s4,c4 
#baa7;e77#a774  7b7 ,in general ,each   
covered contractor shall annually--     
7#a7 submit1 as part of the covered     
contractor's supply chain responsibility
 plan under section #aa7;e7 of such     

,act1 the information required under    
such section that relates to this       
chapter2 and  7#b7 include such         
information in the plan posted publicly 
on the covered contractor's website4    
7c7 ,penalties for violations regarding 
supply chain responsibility plans ,any  
person who violates subsection 7b7 of   
this section shall be subject to a civil
 penalty of #ej1jjj for each month of   
noncompliance4  4  7h7 ,walsh-,healey   
,public ,contracts ,act of #aicf  7#a7  
,supply chain responsibility plan       
,chapter #fe of title #da1 ,united      
,states ,code1 is further amended by    
inserting after section #fejb the       
following3  #fejb;a4 ,supply chain      
responsibility plan  7a7 ,covered       
contractor ,in this section1 the term   
covered contractor means a contractor or
 subcontractor-- 7#a7 for a contract    
subject to the requirements of this     
chapter2 and  7#b7 that is a covered    
employer1 as defined in section         
#aa7;e77#a7 of the ,fair ,labor         

,standards ,act of #aich 7#bi ,u4,s4,c4 
#baa7;e77#a774  7b7 ,in general ,each   
covered contractor shall annually--     
7#a7 submit1 as part of the covered     
contractor's supply chain responsibility
 plan under section #aa7;e7 of such     
,act1 the information required under    
such section that relates to this       
chapter2 and  7#b7 include such         
information in the plan posted publicly 
on the covered contractor's website4  4 
7#b7 ,penalties ,section #fejf;a of     
title #da1 ,united ,states ,code1 as    
amended by section #bjb7;c77#h71 is     
further amended by inserting after      
subsection 7b7 the following3  7c7      
,penalties for violations regarding     
supply chain responsibility plans ,any  
person who violates section #fejb;a     
shall be subject to a civil penalty of  
#ej1jjj for each month of noncompliance4
  4  7i7 ,family and ,medical ,leave    
,act of #aiic ,section #aji of the      
,family and ,medical ,leave ,act of     
#aiic 7#bi ,u4,s4,c4 #bfai7 is amended--

 7#a7 in the section heading1 by        
inserting 2 supply chain responsibility 
plan after ,notice2  7#b7 by striking   
,in general4--,each and inserting the   
following3 ,notice4--  7#a7 ,in general 
,each  2  7#c7 by redesignating         
subsection 7b7 as paragraph 7#b7 of     
subsection 7a71 and aligning the margins
 of such paragraph with the margins of  
paragraph 7#a72  7#d7 in paragraph 7#b7 
7as so redesignated71 by striking this  
section and inserting this subsection2  
and  7#e7 by adding at the end the      
following3  7b7 ,supply chain           
responsibility plan  7#a7 ,in general   
,each employer that is a covered        
employer1 as defined in section         
#aa7;e77#a7 of the ,fair ,labor         
,standards ,act of #aich 7#bi ,u4,s4,c4 
#baa7;e77#a771 shall annually-- 7,a7    
submit1 as part of the employer's supply
 chain responsibility plan under section
 #aa7;e7 of such ,act1 the information  
required under such section that relates
 to this ,act2 and  7,b7 include such   

information in the plan posted publicly 
on the employer's website4  7#b7        
,penalty ,any person who violates       
paragraph 7#a7 shall be subject to a    
civil penalty of #ej1jjj for each month 
of noncompliance4  4  7j7 ,federal      
,unemployment ,tax ,act 7,,futa7  7#a7  
,state law requirement ,section #ccjd of
 the ,internal ,revenue ,code of #aihf  
7relating to approval of ,state         
unemployment compensation laws7 is      
amended-- 7,a7 in subsection 7a7--  7i7 
in paragraph 7#ah71 by striking and at  
the end2  7ii7 by redesignating         
paragraph 7#ai7 as paragraph 7#bj72     
7iii7 by inserting after paragraph 7#ah7
 the following new paragraph3  7#ai7    
each employer that is a covered         
employer1 as defined in section         
#aa7;e77#a7 of the ,fair ,labor         
,standards ,act of #aich 7#bi ,u4,s4,c4 
#baa7;e77#a77 is required to comply with
 subsection 7h72 and  2 and  7iv7 by    
adding at the end the following3  7h7   
,supply chain responsibility plans ,each

 employer that is a covered employer1 as
 defined in section #aa7;e77#a7 of the  
,fair ,labor ,standards ,act of #aich   
7#bi ,u4,s4,c4 #baa7;e77#a771 shall     
annually--  7#a7 submit1 as part of the 
employer's supply chain responsibility  
plan under section #aa7;e7 of such ,act1
 the information required under such    
section that relates to this ,act2 and  
7#b7 include such information in the    
plan posted publicly on the operator's  
website4  4  7#b7 ,effective date ,the  
amendments made by paragraph 7#a7 shall 
apply to weeks of unemployment beginning
 on or after the earlier of-- 7,a7 the  
date the ,state changes its statutes1   
regulations1 or policies in order to    
comply with such amendments2 or  7,b7   
,january #a1 #bjbb4  #bjh4 ,conforming  
amendments  7a7 ,davis-,bacon ,act ,the 
table of sections of subchapter ,,iv of 
chapter #ca of title #dj1 ,united       
,states ,code1 as amended by section    
#ajb7;f77#g71 is further amended--  7#a7
 by inserting after the item relating to

 section #cdac the following3  ,sec4    
#cadc;a4 ,supply chain responsibility   
plan4  2  and  7#b7 by inserting after  
the item relating to section #cadd;a the
 following3  ,sec4 #cadd;b4             
,applicability to multiple employers and
 related entities4  4  7b7              
,mc,namara-,o',hara ,service ,contract  
,act ,chapter #fg of title #da1 ,united 
,states ,code1 is amended-- 7#a7 in the 
table of sections--  7,a7 by            
redesignating the items relating to     
sections #fgje1 #fgjf1 and #fgjg as the 
items relating to sections #fgjf1 #fgjh1
 and #fgji1 respectively2  7,b7 by      
inserting after the item relating to    
section #fgja the following3  ,sec4     
#fgja;a4 ,applicability to multiple     
employers and related entities4  2  7,c7
 by inserting after the item relating to
 section #fgjd the following3  ,sec4    
#fgje4 ,supply chain responsibility     
plan4  2  and  7,d7 by inserting after  
the item relating to section #fgjf the  
following3  ,sec4 #fgjg4 ,civil         

penalties assessed against owners1      
directors1 officers1 managing agents1   
and large shareholders2 indemnification4
  2  7#b7 in section #fgjd7;b71 by      
striking sections #fgje to #fgjg7;d7 and
 inserting sections #fgjf to #fgji7;d72 
and  7#c7 in section #fgje7;d71 by      
striking section #fgjg7;a7-7d7 and      
inserting section #fgji7;a7-7d74  7c7   
,walsh-,healey ,public ,contracts ,act  
,the table of sections for chapter #fe  
of title #da1 ,united ,states ,code1 as 
amended by section #ajb7;g77#g71 is     
further amended-- 7#a7 by inserting     
after the item relating to section      
#feja;a the following3  ,sec4 #feja;b4  
,applicability to multiple employers and
 related entities4  2  and  7#b7 by     
inserting after the item relating to    
section #fejb the following3  ,sec4     
#fejb;a4 ,supply chain responsibility   
plan4  4  ,,iii ,public transparency on 
workers' rights violations  #cja4       
,consumer right to know about compliance
 with workers' rights  7a7 ,in general  

,the ,fair ,labor ,standards ,act of    
#aich 7#bi ,u4,s4,c4 #bja et seq47 is   
amended by inserting after section      
#ah;,c 7#bi ,u4,s4,c4 #bah;c7 the       
following3  #ah;,d4 ,compliance ratings 
7a7 ,requirement for posting notice ,an 
employer shall post a notice1 provided  
each calendar year by the ,secretary    
under subsection 7b71 of the compliance 
of the employer with the covered labor  
laws during the #c calendar years       
preceding the calendar year for which   
the notice applies 7referred to in this 
section as the applicable #c-year       
period74 ,such notice shall be posted-- 
7#a7 in each location of the employer-- 
7,a7 in a window that is located not    
less than #e feet from the main entry   
way of such location2 or  7,b7 if such a
 location does not have a window located
 within #e feet of the main entry way1  
otherwise within #e feet of the main    
entry way2  7#b7 on the official website
 of the employer1 if the employer has   
such a website2 and  7#c7 until the     

notice is replaced by a revised notice  
under this section or a notice for a    
subsequent calendar year4  7b7 ,rating  
process  7#a7 ,in general ,the          
,secretary shall establish-- 7,a7 in    
accordance with paragraph 7#b71 a       
process for annually--  7i7 reviewing   
the compliance of each employer with the
 covered labor laws during the          
applicable #c-year period2 and  7ii7    
providing a rating to each employer     
indicating the level of such compliance2
 and  7,b7 a notice for each employer to
 post in accordance with subsection 7a71
 which shall-- 7i7 be easy for the      
public to understand2  7ii7 indicate the
 rating under this subsection of the    
employer for the calendar year2 and     
7iii7 otherwise be consistent across all
 employers4  7#b7 ,rating  7,a7 ,in     
general ,the notice required under      
subsection 7a7 shall provide a rating of
 the employer's compliance with the     
covered labor laws during the applicable
 #c-year period in the form of one of #d

 ratings described in subparagraph 7,b71
 including-- 7i7 a concise summary1 in  
,english1 of the compliance of the      
employer with the covered labor laws    
during the applicable #c-year period2   
7ii7 an emoji face or cartoon face that 
reflects such summary2 and  7iii7 a     
color that reflects such summary4  7,b7 
,regulations ,the ,secretary shall      
prescribe through regulations the       
number1 degree1 and extent of violations
 of the covered labor laws by an        
employer during the applicable #c-year  
period that would qualify for each of   
the following #d ratings3 7i7 ,a rating 
of ,excellent--  7,i7 meaning the       
employer has had no or few violations of
 the covered labor laws during such     
period2 and  7,,ii7 which shall be      
paired with a very open-mouthed smiling 
face and a deep-green background color4 
7ii7 ,a rating of ,good-- 7,i7 meaning  
the employer has had some violations of 
the covered labor laws during such      
period1 but no major or extensive       

violations2 and  7,,ii7 which shall be  
paired with a wide-smiling face and a   
light-green background color4  7iii7 ,a 
rating of ,okay--  7,i7 meaning the     
employer has had1 during such period--  
7aa7 multiple violations of the covered 
labor laws2 or  7bb7 very few major or  
extensive violations of the covered     
labor laws2 and  7,,ii7 which shall be  
paired with a flat-mouthed and          
unenthusiastic face and a yellow        
background color4  7iv7 ,a rating of    
,needs ,improvement-- 7,i7 meaning the  
employer has had1 during such period--  
7aa7 several violations of the covered  
labor laws2  7bb7 more than a few major 
or extensive violations of the covered  
labor laws2 or  7cc7 willful or repeated
 violations of the covered labor laws   
7as defined by the ,secretary with      
respect to the covered labor laws72 and 
7,,ii7 which shall be paired with a     
frowning sad face and a gray background 
color4  7#c7 ,review process ,for each  
review under this section of the        

compliance of an employer with the      
covered labor laws1 including any       
additional review under subsection 7c7  
or 7d71 the ,secretary shall review--   
7,a7 any information the employer       
provides to the ,secretary with respect 
to the compliance of the employer with  
the covered labor laws for the          
applicable #c-year period2  7,b7 any    
information provided by any other       
individual or organization with respect 
to such compliance2 and  7,c7 any other 
information the ,secretary determines   
appropriate for the review4  7c7        
,additional review upon claim of        
inaccuracy  7#a7 ,request ,if an        
employer claims that the rating provided
 for the employer under this section is 
inaccurate1 the employer may1 not later 
than #aj days after receiving the notice
 under this section1 request an         
additional review by the ,secretary of  
the employer's compliance with the      
covered labor laws during the applicable
 #c-year period and a revised rating and

 notice4  7#b7 ,determination  7,a7 ,in 
general ,for each request made under    
paragraph 7#a71 the ,secretary shall    
conduct an additional review described  
in such paragraph and make a            
determination of whether to provide a   
revised rating and notice4  7,b7        
,revised rating granted ,if the         
,secretary determines that an alteration
 of the rating is warranted1 the        
,secretary may provide the employer a   
revised rating and notice under this    
section4 ,the employer shall1 in        
accordance with subsection 7a71 post any
 such revised notice not later than #e  
days after receiving such revised       
notice4  7,c7 ,revised rating denied ,if
 the ,secretary determines that no      
alteration of the rating is warranted-- 
7i7 the ,secretary shall notify the     
employer of such determination2 and     
7ii7 the employer shall1 in accordance  
with subsection 7a71 post the notice for
 which such review was conducted not    
later than #e days after receiving the  

notification described in clause 7i74   
7,d7 ,posting of notice during review   
,if an employer claims that a rating    
under this section for a calendar year  
is inaccurate and submits a request     
under paragraph 7#a7 for an additional  
review of such rating1 the employer may 
refrain from posting the notice under   
this section for such calendar year     
during the period of such additional    
review4 ,if an employer so refrains from
 posting such notice1 the employer shall
 keep the notice the employer received  
under this section for the previous     
calendar year 7if the employer received 
such a notice7 posted in accordance with
 subsection 7a7 during the period of    
such additional review4  7,e7           
,limitation ,an employer may not request
 an additional review of a rating for a 
calendar year under this subsection if  
the employer has previously requested   
such an additional review for the rating
 for such calendar year4  7d7           
,additional review upon remedy of       

violations  7#a7 ,request ,if1 after    
receiving a notice under this section   
for a calendar year1 an employer claims 
that the employer has1 not later than   
the end of such calendar year1 fully    
remedied a violation that affected the  
rating of the employer under this       
section for that year and has reformed  
the practices of the employer to ensure 
future compliance with the covered labor
 laws1 the employer may request an      
additional review of the employer's     
compliance with the covered labor laws1 
during the period beginning on the first
 day of the applicable #c-year period   
and ending on the date on which the     
employer submits the request1 and a     
revised rating and notice under this    
section for the year4  7#b7             
,determination  7,a7 ,in general ,for   
each request made under paragraph 7#a71 
the ,secretary shall conduct a review   
described in such paragraph and make a  
determination as to whether to provide a
 revised rating and notice4  7,b7       

,revised rating granted ,if the         
,secretary determines that the employer 
has1 during the period beginning on the 
first day of the applicable #c-year     
period and ending on the date on which  
the employer submits the request under  
paragraph 7#a71 fully remedied the      
violation with respect to which the     
employer submitted the request and has  
reformed its practices to ensure future 
compliance with the covered labor laws--
 7i7 the ,secretary may provide the     
employer with a revised rating and      
notice under this section2 and  7ii7 if 
the ,secretary provides a revised rating
 and notice under clause 7i71 the       
employer shall1 in accordance with      
subsection 7a71 post such revised notice
 not later than #e days after receiving 
such revised notice4  7,c7 ,revised     
rating denied ,if the ,secretary decides
 not to grant a revised rating and      
notice under this subsection1 the       
,secretary shall notify the employer of 
such decision4  7,d7 ,posting of notice 

during review ,an employer shall keep   
the notice for which a review under this
 subsection applies posted in accordance
 with subsection 7a7 until the          
,secretary1 if applicable1 provides a   
revised rating and notice under         
subparagraph 7,b77i74  7e7 ,final review
 ,except for the reviews described in   
subsections 7c7 and 7d71 there shall be 
no other reviews1 including judicial    
review1 of the determinations of the    
,secretary regarding the rating of an   
employer under this section4  7f7       
,posting in local newspaper ,if an      
employer violates a provision of this   
section for more than one month1 the    
employer shall1 in addition to the      
penalties under section #af7;e77#aa71   
publish the notice provided under this  
section in the most prominent local     
newspaper1 as determined by the         
,secretary4  7g7 ,public website  7#a7  
,in general ,the ,secretary shall       
establish and maintain a public website 
that includes--  7,a7 the most recent   

rating1 and all previous ratings1 under 
this section for each employer1 which   
shall be accessible through a simple    
search feature-- 7i7 by employer name1  
city1 or zip code2 and  7ii7 by location
 on a digital map2 and  7,b7 an         
accounting of every violation by each   
employer during the #c-year period of   
the most recent rating under this       
section4  7#b7 ,rankings ,the ,secretary
 may use the website under this         
subsection to provide rankings of       
employers1 including by comparing       
employers to other employers in the same
 industry4  7h7 ,definition of covered  
labor laws ,for purposes of this        
section1 the term covered labor laws    
means1 to the extent applicable to the  
employer1 each of the following3  7#a7  
,this ,act4  7#b7 ,the ,occupational    
,safety and ,health ,act of #aigj 7#bi  
,u4,s4,c4 #fea et seq474  7#c7 ,the     
,federal ,mine ,safety and ,health ,act 
of #aigg 7#cj ,u4,s4,c4 #hja et seq474  
7#d7 ,the ,migrant and ,seasonal        

,agricultural ,worker ,protection ,act  
7#bi ,u4,s4,c4 #ahja et seq474  7#e7    
,the ,national ,labor ,relations ,act   
7#bi ,u4,s4,c4 #aea et seq474  7#f7     
,subchapter ,,iv of chapter #ca of title
 #dj1 ,united ,states ,code 7commonly   
known as the ,davis-,bacon ,act74  7#g7 
,chapter #fg of title #da1 ,united      
,states ,code 7commonly known as the    
,mc,namara-,o',hara ,service ,contract  
,act74  7#h7 ,section #ejc of the       
,rehabilitation ,act of #aigc 7#bi      
,u4,s4,c4 #gic74  7#i7 ,the ,family and 
,medical ,leave ,act of #aiic 7#bi      
,u4,s4,c4 #bfja et seq474  7#aj7 ,title 
,,vii of the ,civil ,rights ,act of     
#aifd 7#db ,u4,s4,c4 #bjjj;e et seq474  
7#aa7 ,the ,americans with ,disabilities
 ,act of #aiij 7#db ,u4,s4,c4 #abaja et 
seq474  7#ab7 ,the ,age ,discrimination 
in ,employment ,act of #aifg 7#bi       
,u4,s4,c4 #fba et seq474  7#ac7 ,title  
,,ii of the ,genetic ,information       
,nondiscrimination ,act of #bjjh 7#db   
,u4,s4,c4 #bjjj;ff et seq474  7#ad7 ,any

 ,state law that the ,secretary         
determines is equivalent to a law       
described in any of paragraphs 7#a7     
through 7#ac74  4  7b7 ,penalties       
,section #af7;e7 of the ,fair ,labor    
,standards ,act of #aich 7#bi ,u4,s4,c4 
#baf7;e771 as amended by section        
#bjg7;a77#b71 is further amended by     
adding at the end the following3  7#aa7 
,penalties for violations of compliance 
rating provisions ,any person who       
violates section #ah;,d shall be subject
 to a civil penalty of not more than    
#a1jjj for each employee of the employer
 working at the location where the      
violation occurred and for each day of  
the violation4  4  ,,iv ,creating broad 
and increasing worker protections  #dja4
 ,general standards for applying and    
interpreting workers' rights  7a7 ,fair 
,labor ,standards ,act of #aich ,the    
,fair ,labor ,standards ,act of #aich   
7#bi ,u4,s4,c4 #bja et seq47 is amended 
by adding at the end the following3     
#bj4 ,general standards for applying and

 interpreting workers' rights  7a7      
,interpretation of protections and      
exemptions  7#a7 ,protections ,all      
protections afforded employees under    
this ,act1 including as applied through 
the definitions under section #c1 shall 
be interpreted expansively in favor of  
the employee or individual claiming     
classification as an employee4  7#b7    
,exemptions and exclusions  7,a7 ,in    
general ,all exemptions and exclusions  
under this ,act1 including as applied   
through the definitions under section   
#c1 shall be interpreted narrowly       
against the employer1 or person alleged 
to be an employer1 and limited in       
application to those persons or         
circumstances plainly and unmistakably  
within the language and spirit of the   
exemption or exclusion4  7,b7 ,clear and
 convincing evidence ,any person        
asserting the applicability of an       
exemption or exclusion under this ,act  
shall prove such applicability by clear 
and convincing evidence4  7b7           

,no-,less-,protection rule  7#a7 ,in    
general ,the ,secretary shall not take  
any action to reduce a protection       
afforded an employee under this ,act    
through any regulation1 guidance1       
opinion1 ruling1 standard1 order1       
adjudicative decision1 or other         
interpretation from the protection      
provided to the employee through a prior
 regulation1 guidance1 opinion1 ruling1 
standard1 order1 adjudicative decision1 
or other interpretation in effect on the
 day before the date of such action1    
unless such reduction is explicitly and 
specifically mandated by an ,act of     
,congress4  7#b7 ,request for           
,congressional action ,the ,secretary   
may submit a proposal to ,congress for a
 reduction described in paragraph 7#a71 
but shall not take any action described 
in such paragraph without an explicit   
and specific mandate by an ,act of      
,congress4  7#c7 ,standard of deference 
,notwithstanding chapter #g of title #e1
 ,united ,states ,code1 in any action   

for judicial review of an agency action 
under such chapter1 a reviewing court   
shall defer to a regulation1 guidance1  
opinion1 ruling1 standard1 order1       
adjudicative decision1 or other         
interpretation issued by the agency that
 increases or otherwise strengthens a   
protection afforded to an employee under
 this ,act unless such regulation1      
guidance1 opinion1 ruling1 standard1    
order1 adjudicative decision1 or other  
interpretation is plainly erroneous or  
inconsistent with this ,act4  4  7b7    
,national ,labor ,relations ,act ,the   
,national ,labor ,relations ,act 7#bi   
,u4,s4,c4 #aea et seq47 is amended by   
adding at the end the following3  #bj4  
,general standards for applying and     
interpreting workers' rights  7a7       
,interpretation of protections and      
exemptions  7#a7 ,protections ,all      
protections afforded employees under    
this ,act1 including as applied through 
the definitions under section #b1 shall 
be interpreted expansively in favor of  

the employee or individual claiming     
classification as an employee4  7#b7    
,exemptions and exclusions  7,a7 ,in    
general ,all exemptions and exclusions  
under this ,act1 including as applied   
through the definitions under section   
#b1 shall be interpreted narrowly       
against the employer1 or person alleged 
to be an employer1 and limited in       
application to those persons or         
circumstances plainly and unmistakably  
within the language and spirit of the   
exemption or exclusion4  7,b7 ,clear and
 convincing evidence ,any person        
asserting the applicability of an       
exemption or exclusion under this ,act  
shall prove such applicability by clear 
and convincing evidence4  7b7           
,no-,less-,protection rule  7#a7 ,in    
general ,the ,board1 the ,general       
,counsel1 and any regional director     
shall not take any action to reduce a   
protection afforded an employee under   
this ,act through any regulation1       
guidance1 opinion1 ruling1 standard1    

order1 adjudicative decision1 or other  
interpretation from the protection      
provided to the employee through a prior
 regulation1 guidance1 opinion1 ruling1 
standard1 order1 adjudicative decision1 
or other interpretation in effect on the
 day before the date of such action1    
unless such reduction is explicitly and 
specifically mandated by an ,act of     
,congress4  7#b7 ,request for           
,congressional action ,the ,board may   
submit a proposal to ,congress for a    
reduction described in paragraph 7#a71  
but the ,board1 the ,general ,counsel1  
or any regional director shall not take 
any action described in such paragraph  
without an explicit and specific mandate
 by an ,act of ,congress4  7#c7         
,standard of deference ,notwithstanding 
chapter #g of title #e1 ,united ,states 
,code1 in any action for judicial review
 of an agency action under such chapter1
 a reviewing court shall defer to a     
regulation1 guidance1 opinion1 ruling1  
standard1 order1 adjudicative decision1 

or other interpretation issued by the   
agency that increases or otherwise      
strengthens a protection afforded to an 
employee under this ,act unless such    
regulation1 guidance1 opinion1 ruling1  
standard1 order1 adjudicative decision1 
or other interpretation is plainly      
erroneous or inconsistent with this     
,act4  4  7c7 ,occupational ,safety and 
,health ,act of #aigj ,the ,occupational
 ,safety and ,health ,act of #aigj 7#bi 
,u4,s4,c4 #fea et seq47 is amended by   
inserting after section #cb 7#bi        
,u4,s4,c4 #fgg7 the following3  #cb;,a4 
,general standards for applying and     
interpreting workers' rights  7a7       
,interpretation of protections and      
exemptions  7#a7 ,protections ,all      
protections afforded employees under    
this ,act1 including as applied through 
the definitions under section #c1 shall 
be interpreted expansively in favor of  
the employee or individual claiming     
classification as an employee4  7#b7    
,exemptions and exclusions  7,a7 ,in    

general ,all exemptions and exclusions  
under this ,act1 including as applied   
through the definitions under section   
#c1 shall be interpreted narrowly       
against the employer1 or person alleged 
to be an employer1 and limited in       
application to those persons or         
circumstances plainly and unmistakably  
within the language and spirit of the   
exemption or exclusion4  7,b7 ,clear and
 convincing evidence ,any person        
asserting the applicability of an       
exemption or exclusion under this ,act  
shall prove such applicability by clear 
and convincing evidence4  7b7           
,no-,less-,protection rule  7#a7 ,in    
general ,the ,secretary shall not take  
any action to reduce a protection       
afforded an employee under this ,act    
through any regulation1 guidance1       
opinion1 ruling1 standard1 order1       
adjudicative decision1 or other         
interpretation from the protection      
provided to the employee through a prior
 regulation1 guidance1 opinion1 ruling1 

standard1 order1 adjudicative decision1 
or other interpretation in effect on the
 day before the date of such action1    
unless such reduction is explicitly and 
specifically mandated by an ,act of     
,congress4  7#b7 ,request for           
,congressional action ,the ,secretary   
may submit a proposal to ,congress for a
 reduction described in paragraph 7#a71 
but shall not take any action described 
in such paragraph without an explicit   
and specific mandate by an ,act of      
,congress4  7#c7 ,standard of deference 
,notwithstanding chapter #g of title #e1
 ,united ,states ,code1 in any action   
for judicial review of an agency action 
under such chapter1 a reviewing court   
shall defer to a regulation1 guidance1  
opinion1 ruling1 standard1 order1       
adjudicative decision1 or other         
interpretation issued by the agency that
 increases or otherwise strengthens a   
protection afforded to an employee under
 this ,act unless such regulation1      
guidance1 opinion1 ruling1 standard1    

order1 adjudicative decision1 or other  
interpretation is plainly erroneous or  
inconsistent with this ,act4  4  7d7    
,federal ,mine ,safety and ,health ,act 
of #aigg ,title ,i of the ,federal ,mine
 ,safety and ,health ,act 7#cj ,u4,s4,c4
 #haa et seq471 as amended by section   
#bjb7;b77#d71 is further amended by     
adding at the end the following3  #aai4 
,general standards for applying and     
interpreting workers' rights  7a7       
,interpretation of protections and      
exemptions  7#a7 ,protections ,all      
protections afforded under this ,act1   
including any mandatory health or safety
 standard1 rule1 order1 or regulation   
promulgated pursuant to this ,act1 to   
employees performing labor in a coal or 
other mine shall be interpreted         
expansively in favor of the employee or 
individual claiming classification as an
 employee4  7#b7 ,exemptions and        
exclusions  7,a7 ,in general ,all       
exemptions and exclusions under this    
,act1 including any mandatory health or 

safety standard1 rule1 order1 or        
regulation promulgated pursuant to this 
,act1 shall be interpreted narrowly     
against an operator of a coal or other  
mine employing employees performing     
labor in the coal or other mine1 or     
person alleged to be such an operator1  
and limited in application to those     
persons or circumstances plainly and    
unmistakably within the language and    
spirit of the exemption or exclusion4   
7,b7 ,clear and convincing evidence ,any
 person asserting the applicability of  
an exemption or exclusion under this    
,act1 including any mandatory health or 
safety standard1 rule1 order1 or        
regulation promulgated pursuant to this 
,act1 shall prove such applicability by 
clear and convincing evidence4  7b7     
,no-,less-,protection rule  7#a7 ,in    
general ,the ,secretary shall not take  
any action to reduce a protection       
afforded under this ,act1 including any 
mandatory health or safety standard1    
rule1 order1 or regulation promulgated  

pursuant to this ,act1 to an employee   
performing labor in a coal or other mine
 through any regulation1 guidance1      
opinion1 ruling1 standard1 order1       
adjudicative decision1 or other         
interpretation from the protection      
provided to the employee through a prior
 regulation1 guidance1 opinion1 ruling1 
standard1 order1 adjudicative decision1 
or other interpretation in effect on the
 day before the date of such action1    
unless such reduction is explicitly and 
specifically mandated by an ,act of     
,congress4  7#b7 ,request for           
,congressional action ,the ,secretary   
may submit a proposal to ,congress for a
 reduction described in paragraph 7#a71 
but shall not take any action described 
in such paragraph without an explicit   
and specific mandate by an ,act of      
,congress4  7#c7 ,standard of deference 
,notwithstanding chapter #g of title #e1
 ,united ,states ,code1 in any action   
for judicial review of an agency action 
under such chapter1 a reviewing court   

shall defer to a regulation1 guidance1  
opinion1 ruling1 standard1 order1       
adjudicative decision1 or other         
interpretation issued by the agency that
 increases or otherwise strengthens a   
protection afforded to an employee      
performing labor in a coal or other mine
 under this ,act1 including any         
mandatory health or safety standard1    
rule1 order1 or regulation promulgated  
pursuant to this ,act1 unless such      
regulation1 guidance1 opinion1 ruling1  
standard1 order1 adjudicative decision1 
or other interpretation is plainly      
erroneous or inconsistent with this     
,act1 including any mandatory health or 
safety standard1 rule1 order1 or        
regulation promulgated pursuant to this 
,act4  4  7e7 ,migrant and ,seasonal    
,agricultural ,worker ,protection ,act  
,part ,b of title ,v of the ,migrant and
 ,seasonal ,agricultural ,worker        
,protection ,act 7#bi ,u4,s4,c4 #ahfa et
 seq47 is amended by adding at the end  
the following3  #ead4 ,general standards

 for applying and interpreting workers' 
rights  7a7 ,interpretation of          
protections and exemptions  7#a7        
,protections ,all protections afforded  
under this ,act1 including any          
regulation under this ,act1 to migrant  
agricultural workers or seasonal        
agricultural workers shall be           
interpreted expansively in favor of the 
worker or individual claiming           
classification as such a worker4  7#b7  
,exemptions and exclusion  7,a7 ,in     
general ,all exemptions and exclusions  
under this ,act1 including any          
regulation under this ,act1 shall be    
interpreted narrowly against an         
agricultural employer1 agricultural     
association1 or farm labor contractor   
employing a migrant agricultural worker 
or seasonal agricultural worker1 or     
person alleged to be such an employer1  
association1 or contractor1 and limited 
in application to those persons or      
circumstances plainly and unmistakably  
within the language and spirit of the   

exemption or exclusion4  7,b7 ,clear and
 convincing evidence ,any person        
asserting the applicability of an       
exemption or exclusion under this ,act1 
including a regulation under this ,act1 
shall prove such applicability by clear 
and convincing evidence4  7b7           
,no-,less-,protection rule  7#a7 ,in    
general ,the ,secretary shall not take  
any action to reduce a protection       
afforded under this ,act1 including a   
regulation under this ,act1 to a migrant
 agricultural worker or a seasonal      
agricultural worker through any         
regulation1 guidance1 opinion1 ruling1  
standard1 order1 adjudicative decision1 
or other interpretation from the        
protection provided to the worker       
through a prior regulation1 guidance1   
opinion1 ruling1 standard1 order1       
adjudicative decision1 or other         
interpretation in effect on the day     
before the date of such action1 unless  
such reduction is explicitly and        
specifically mandated by an ,act of     

,congress4  7#b7 ,request for           
,congressional action ,the ,secretary   
may submit a proposal to ,congress for a
 reduction described in paragraph 7#a71 
but shall not take any action described 
in such paragraph without an explicit   
and specific mandate by an ,act of      
,congress4  7#c7 ,standard of deference 
,notwithstanding chapter #g of title #e1
 ,united ,states ,code1 in any action   
for judicial review of an agency action 
under such chapter1 a reviewing court   
shall defer to a regulation1 guidance1  
opinion1 ruling1 standard1 order1       
adjudicative decision1 or other         
interpretation issued by the agency that
 increases or otherwise strengthens a   
protection afforded under this ,act1    
including a regulation under this ,act1 
to a migrant agricultural worker or     
seasonal agricultural worker unless such
 regulation1 guidance1 opinion1 ruling1 
standard1 order1 adjudicative decision1 
or other interpretation is plainly      
erroneous or inconsistent with this     

,act1 including a regulation under this 
,act4  4  7f7 ,davis-,bacon ,act  7#a7  
,in general ,subchapter ,,iv of chapter 
#ca1 ,united ,states ,code1 is amended  
by adding at the end the following3     
#cadi4 ,general standards for applying  
and interpreting workers' rights  7a7   
,interpretation of protections and      
exemptions  7#a7 ,protections ,all      
protections afforded under this         
subchapter to laborers and mechanics who
 are employees performing labor under a 
contract or subcontract to which this   
subchapter applies shall be interpreted 
expansively in favor of such laborer or 
mechanic or individual claiming         
classification as such a laborer or     
mechanic4  7#b7 ,exemptions and         
exclusions  7,a7 ,in general ,all       
exemptions and exclusions under this    
subchapter shall be interpreted narrowly
 against a contractor or subcontractor  
of a contract to which this subchapter  
applies1 or person alleged to be such a 
contractor or subcontractor1 and limited

 in application to those persons or     
circumstances plainly and unmistakably  
within the language and spirit of the   
exemption or exclusion4  7,b7 ,clear and
 convincing evidence ,any person        
asserting the applicability of an       
exemption or exclusion under this       
subchapter shall prove such             
applicability by clear and convincing   
evidence4  7b7 ,no-,less-,protection    
rule  7#a7 ,in general ,the ,secretary  
shall not take any action to reduce a   
protection afforded under this          
subchapter to a laborer or mechanic who 
is an employee performing labor under a 
contract or subcontract to which this   
subchapter applies through any          
regulation1 guidance1 opinion1 ruling1  
standard1 order1 adjudicative decision1 
or other interpretation from the        
protection provided to such laborer or  
mechanic through a prior regulation1    
guidance1 opinion1 ruling1 standard1    
order1 adjudicative decision1 or other  
interpretation in effect on the day     

before the date of such action1 unless  
such reduction is explicitly and        
specifically mandated by an ,act of     
,congress4  7#b7 ,request for           
,congressional action ,the ,secretary   
may submit a proposal to ,congress for a
 reduction described in paragraph 7#a71 
but shall not take any action described 
in such paragraph without an explicit   
and specific mandate by an ,act of      
,congress4  7#c7 ,standard of deference 
,notwithstanding chapter #g of title #e1
 ,united ,states ,code1 in any action   
for judicial review of an agency action 
under such chapter1 a reviewing court   
shall defer to a regulation1 guidance1  
opinion1 ruling1 standard1 order1       
adjudicative decision1 or other         
interpretation issued by the agency that
 increases or otherwise strengthens a   
protection afforded under this          
subchapter to a laborer or mechanic who 
is an employee performing labor under a 
contract or subcontract to which this   
subchapter applies unless such          

regulation1 guidance1 opinion1 ruling1  
standard1 order1 adjudicative decision1 
or other interpretation is plainly      
erroneous or inconsistent with this     
subchapter4  4  7#b7 ,table of sections 
,the table of sections for subchapter   
,,iv of chapter #ca of title #dj1       
,united ,states ,code1 is amended by    
adding at the end the following3 ,sec4  
#cadi4 ,general standards for applying  
and interpreting workers' rights4  7g7  
,mc,namara-,o',hara ,service ,contract  
,act ,section #fgji of title #da1       
,united ,states ,code1 as amended by    
section #bjb7;b77#g77;,a71 is further   
amended by adding at the end the        
following3  7g7 ,general standards for  
applying and interpreting workers'      
rights  7#a7 ,interpretation of         
protections and exemptions  7,a7        
,protections ,all protections afforded  
service employees under this chapter    
shall be interpreted expansively in     
favor of the service employee or        
individual claiming classification as a 

service employee4  7,b7 ,exemptions and 
exclusions  7i7 ,in general ,all        
exemptions and exclusions under this    
chapter shall be interpreted narrowly   
against the contractor or subcontractor 
to which this chapter applies1 or person
 alleged to be such a contractor or     
subcontractor1 and limited in           
application to those persons or         
circumstances plainly and unmistakably  
within the language and spirit of the   
exemption or exclusion4  7ii7 ,clear and
 convincing evidence ,any person        
asserting the applicability of an       
exemption or exclusion under this       
chapter shall prove such applicability  
by clear and convincing evidence4  7#b7 
,no-less-protection rule  7,a7 ,in      
general ,the ,secretary shall not take  
any action to reduce a protection       
afforded under this chapter to a service
 employee through any regulation1       
guidance1 opinion1 ruling1 standard1    
order1 adjudicative decision1 or other  
interpretation from the protection      

provided to the service employee through
 a prior regulation1 guidance1 opinion1 
ruling1 standard1 order1 adjudicative   
decision1 or other interpretation in    
effect on the day before the date of    
such action1 unless such reduction is   
explicitly and specifically mandated by 
an ,act of ,congress4  7,b7 ,request for
 ,congressional action ,the ,secretary  
may submit a proposal to ,congress for a
 reduction described in subparagraph    
7,a71 but shall not take any action     
described in such subparagraph without  
an explicit and specific mandate by an  
,act of ,congress4  7,c7 ,standard of   
deference ,notwithstanding chapter #g of
 title #e1 ,united ,states ,code1 in any
 action for judicial review of an agency
 action under such chapter1 a reviewing 
court shall defer to a regulation1      
guidance1 opinion1 ruling1 standard1    
order1 adjudicative decision1 or other  
interpretation issued by the agency that
 increases or otherwise strengthens a   
protection afforded to a service        

employee under this chapter unless such 
regulation1 guidance1 opinion1 ruling1  
standard1 order1 adjudicative decision1 
or other interpretation is plainly      
erroneous or inconsistent with this     
chapter4  4  7h7 ,walsh-,healey ,public 
,contracts ,act  7#a7 ,in general       
,chapter #fe of title #da1 ,united      
,states ,code1 is amended by adding at  
the end the following3  #feab4 ,general 
standards for applying and interpreting 
workers' rights  7a7 ,interpretation of 
protections and exemptions  7#a7        
,protections ,all protections afforded  
under this chapter to individuals       
performing any labor1 with respect to   
the manufacture or furnishing of        
materials1 supplies1 articles1 or       
equipment under a contract to which this
 chapter applies1 who is an employee of 
the contractor of such contract1 shall  
be interpreted expansively in favor of  
such individual or an individual        
claiming classification as such an      
individual4  7#b7 ,exemptions and       

exclusions  7,a7 ,in general ,all       
exemptions and exclusions under this    
chapter shall be interpreted narrowly   
against the contractor of a contract to 
which this chapter applies1 or person   
alleged to be such a contractor1 and    
limited in application to those persons 
or circumstances plainly and            
unmistakably within the language and    
spirit of the exemption or exclusion4   
7,b7 ,clear and convincing evidence ,any
 person asserting the applicability of  
an exemption or exclusion under this    
chapter shall prove such applicability  
by clear and convincing evidence4  7b7  
,no-,less-,protection rule  7#a7 ,in    
general ,the ,secretary shall not take  
any action to reduce a protection       
afforded under this chapter to an       
individual performing any labor1 with   
respect to the manufacture or furnishing
 of materials1 supplies1 articles1 or   
equipment under a contract to which this
 chapter applies1 who is an employee of 
the contractor of such contract1 through

 any regulation1 guidance1 opinion1     
ruling1 standard1 order1 adjudicative   
decision1 or other interpretation from  
the protection provided to such         
individual through a prior regulation1  
guidance1 opinion1 ruling1 standard1    
order1 adjudicative decision1 or other  
interpretation in effect on the day     
before the date of such action1 unless  
such reduction is explicitly and        
specifically mandated by an ,act of     
,congress4  7#b7 ,request for           
,congressional action ,the ,secretary   
may submit a proposal to ,congress for a
 reduction described in paragraph 7#a71 
but shall not take any action described 
in such paragraph without an explicit   
and specific mandate by an ,act of      
,congress4  7#c7 ,standard of deference 
,notwithstanding chapter #g of title #e1
 ,united ,states ,code1 in any action   
for judicial review of an agency action 
under such chapter1 a reviewing court   
shall defer to a regulation1 guidance1  
opinion1 ruling1 standard1 order1       

adjudicative decision1 or other         
interpretation issued by the agency that
 increases or otherwise strengthens a   
protection afforded under this chapter  
to an individual performing any labor1  
with respect to the manufacture or      
furnishing of materials1 supplies1      
articles1 or equipment under a contract 
to which this chapter applies1 who is an
 employee of the contractor of such     
contract1 unless such regulation1       
guidance1 opinion1 ruling1 standard1    
order1 adjudicative decision1 or other  
interpretation is plainly erroneous or  
inconsistent with this chapter4  4  7#b7
 ,table of sections ,the table of       
sections for chapter #fe of title #da1  
,united ,states ,code1 is amended by    
adding at the end the following3  ,sec4 
#feab4 ,general standards for applying  
and interpreting workers' rights4  7i7  
,family and ,medical ,leave ,act of     
#aiic  7#a7 ,in general ,title ,i of the
 ,family and ,medical ,leave ,act of    
#aiic 7#bi ,u4,s4,c4 #bfaa et seq47 is  

amended by adding at the end the        
following3  #aaj4 ,general standards for
 applying and interpreting workers'     
rights  7a7 ,interpretation of          
protections and exemptions  7#a7        
,protections ,all protections afforded  
eligible employees under this title1    
including as applied through the        
definitions under section #c1 shall be  
interpreted expansively in favor of the 
eligible employee or individual claiming
 classification as an eligible employee4
  7#b7 ,exemptions and exclusions  7,a7 
,in general ,all exemptions and         
exclusions under this title1 including  
as applied through the definitions under
 section #c1 shall be interpreted       
narrowly against the employer1 or person
 alleged to be an employer1 and limited 
in application to those persons or      
circumstances plainly and unmistakably  
within the language and spirit of the   
exemption or exclusion4  7,b7 ,clear and
 convincing evidence ,any person        
asserting the applicability of an       

exemption or exclusion under this title 
shall prove such applicability by clear 
and convincing evidence4  7b7           
,no-,less-,protection rule  7#a7 ,in    
general ,the ,secretary shall not take  
any action to reduce a protection       
afforded an eligible employee under this
 title through any regulation1 guidance1
 opinion1 ruling1 standard1 order1      
adjudicative decision1 or other         
interpretation from the protection      
provided to the eligible employee       
through a prior regulation1 guidance1   
opinion1 ruling1 standard1 order1       
adjudicative decision1 or other         
interpretation in effect on the day     
before the date of such action1 unless  
such reduction is explicitly and        
specifically mandated by an ,act of     
,congress4  7#b7 ,request for           
,congressional action ,the ,secretary   
may submit a proposal to ,congress for a
 reduction described in paragraph 7#a71 
but shall not take any action described 
in such paragraph without an explicit   

and specific mandate by an ,act of      
,congress4  7#c7 ,standard of deference 
,notwithstanding chapter #g of title #e1
 ,united ,states ,code1 in any action   
for judicial review of an agency action 
under such chapter1 a reviewing court   
shall defer to a regulation1 guidance1  
opinion1 ruling1 standard1 order1       
adjudicative decision1 or other         
interpretation issued by the agency that
 increases or otherwise strengthens a   
protection afforded to an eligible      
employee under this title unless such   
regulation1 guidance1 opinion1 ruling1  
standard1 order1 adjudicative decision1 
or other interpretation is plainly      
erroneous or inconsistent with this     
title4  4  7#b7 ,table of contents ,the 
table of contents in section #a7;b7 of  
the ,family and ,medical ,leave ,act of 
#aiic is amended by inserting after the 
item relating to section #aji the       
following3  ,sec4 #aaj4 ,general        
standards for applying and interpreting 
workers' rights4  4  7j7 ,federal       

,unemployment ,tax ,act 7,,futa7  7#a7  
,in general ,section #ccjf7w7 of the    
,internal ,revenue ,code of #aihf1 as   
amended by section #bjf7;j71 is amended 
by adding at the end the following new  
paragraph3  7#h7 ,section #bj of such   
,act4  4  7#b7 ,effective date ,the     
amendment made by paragraph 7#a7 shall  
apply to services rendered on or after  
,january #a1 #bjbb4  #djb4 ,statutes of 
limitation  7a7 ,,flsa2 ,walsh-,healey  
,public ,contracts ,act2 ,davis-,bacon  
,act ,section #f of the                 
,portal-to-,portal ,act of #aidg 7#bi   
,u4,s4,c4 #bee7 is amended--  7#a7 in   
the matter preceding subsection 7a71 by 
striking for unpaid minimum wages1      
unpaid overtime compensation1 or        
liquidated damages12 and  7#b7 in       
subsection 7a7--  7,a7 by striking two  
years each place it appears and         
inserting #d years2  7,b7 by inserting  
or repeated after willful2 and  7,c7 by 
striking three years and inserting #f   
years4  7b7 ,national ,labor ,relations 

,act ,section #aj7;b7 of the ,national  
,labor ,relations ,act 7#bi ,u4,s4,c4   
#afj7;b77 is amended--  7#a7 by striking
 six months prior to the filing of the  
charge with the ,board and inserting #d 
years prior to the filing of the charge 
with the ,board1 or #f years prior to   
such filing in the case of an alleged   
willful or repeated unfair labor        
practice12 and  7#b7 by striking        
six-month period and inserting #d-year  
period1 or #f-year period1 as           
applicable14  7c7 ,occupational ,safety 
and ,health ,act of #aigj ,section      
#i7;c7 of the ,occupational ,safety and 
,health ,act of #aigj 7#bi ,u4,s4,c4    
#feh7;c77 is amended by striking        
expiration of six months following the  
occurrence of any violation and         
inserting 8expiration of--  7#a7 except 
as provided in paragraph 7#b71 #d years 
following the occurrence of any         
violation described in subsection 7a72  
or  7#b7 in the case of a violation     
described in subsection 7a7 that is     

willful or repeated1 #f years following 
the occurrence of the violation4  4  7d7
 ,family and ,medical ,leave ,act of    
#aiic ,section #ajg7;c7 of the ,family  
and ,medical ,leave ,act of #aiic 7#bi  
,u4,s4,c4 #bfag7;c77 is amended--  7#a7 
in paragraph 7#a71 by striking #b years 
and inserting #d years2 and  7#b7 in    
paragraph 7#b71 by striking #c years and
 inserting #f years4  ,v ,general       
provisions  #eja4 ,severability ,if any 
provision of this ,act or the           
application of such provision to any    
person1 entity1 government1 or          
circumstance1 is held to be             
unconstitutional1 the remainder of this 
,act1 or the application of such        
provision to all other persons1         
entities1 governments1 or circumstances1
 shall not be affected thereby4