[Congressional Bills 116th Congress]
[From the U.S. Government Publishing Office]
[H.R. 8375 Introduced in House (IH)]

<DOC>






116th CONGRESS
  2d Session
                                H. R. 8375

To provide a right to flexibility and to broaden and increase employee 
    protections at work, to protect small businesses through shared 
 responsibility for workers' rights, to provide public transparency on 
          workers' rights violations, and for other purposes.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                           September 24, 2020

 Ms. DeLauro introduced the following bill; which was referred to the 
Committee on Education and Labor, and in addition to the Committees on 
 Oversight and Reform, House Administration, and Ways and Means, for a 
 period to be subsequently determined by the Speaker, in each case for 
consideration of such provisions as fall within the jurisdiction of the 
                          committee concerned

_______________________________________________________________________

                                 A BILL


 
To provide a right to flexibility and to broaden and increase employee 
    protections at work, to protect small businesses through shared 
 responsibility for workers' rights, to provide public transparency on 
          workers' rights violations, and for other purposes.

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Worker Flexibility and Small 
Business Protection Act of 2020''.

SEC. 2. TABLE OF CONTENTS.

    The table of contents for this Act is as follows:

Sec. 1. Short title.
Sec. 2. Table of contents.
     TITLE I--RIGHT TO FLEXIBILITY AND EMPLOYEE PROTECTIONS AT WORK

Sec. 101. Right to flexibility.
Sec. 102. Right to employee protections at work.
 TITLE II--SMALL BUSINESS PROTECTION THROUGH SHARED RESPONSIBILITY FOR 
                            WORKERS' RIGHTS

Sec. 201. General shared responsibility for workers' rights.
Sec. 202. Massive corporations.
Sec. 203. Franchisors.
Sec. 204. Temporary staffing companies.
Sec. 205. Licensors.
Sec. 206. Labor contractors.
Sec. 207. Supply chain responsibility plan.
Sec. 208. Conforming amendments.
      TITLE III--PUBLIC TRANSPARENCY ON WORKERS' RIGHTS VIOLATIONS

Sec. 301. Consumer right to know about compliance with workers' rights.
       TITLE IV--CREATING BROAD AND INCREASING WORKER PROTECTIONS

Sec. 401. General standards for applying and interpreting workers' 
                            rights.
Sec. 402. Statutes of limitation.
                      TITLE V--GENERAL PROVISIONS

Sec. 501. Severability.

     TITLE I--RIGHT TO FLEXIBILITY AND EMPLOYEE PROTECTIONS AT WORK

SEC. 101. RIGHT TO FLEXIBILITY.

    (a) In General.--The Fair Labor Standards Act of 1938 (29 U.S.C. 
201 et seq.) is amended--
            (1) by inserting after section 7 (29 U.S.C. 207) the 
        following:

``SEC. 8. RIGHT TO FLEXIBILITY.

    ``(a) Definitions.--In this section:
            ``(1) Covered employee.--The term `covered employee' means, 
        with respect to an employer, an employee who--
                    ``(A) prior to the date of enactment of the Worker 
                Flexibility and Small Business Protection Act of 2020, 
                was classified by the employer as an independent 
                contractor; and
                    ``(B) in any workweek is engaged in commerce or in 
                the production of goods for commerce, or is employed by 
                an enterprise engaged in commerce or in the production 
                of goods for commerce.
            ``(2) Schedule and scheduling flexibility.--The term 
        `schedule and scheduling flexibility', with respect to the work 
        of a covered employee under subsection (b), includes--
                    ``(A) the timing of the work throughout an hour, 
                day, week, month, or year;
                    ``(B) the total duration of the work in any given 
                period;
                    ``(C) the location where the work is performed; and
                    ``(D) the ability to perform work for any entity 
                other than the employer of the covered employee, 
                including any direct competitor of the employer.
    ``(b) Right To Keep Flexibility.--
            ``(1) 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 12-month period prior to the date of 
        enactment of the Worker Flexibility and Small Business 
        Protection Act of 2020.
            ``(2) Duration of right.--A covered employee shall continue 
        to possess the right to maintain the same schedule and 
        scheduling flexibility described in paragraph (1) for the 
        duration of the employment of the covered employee with the 
        employer.
            ``(3) Nonretaliation.--
                    ``(A) In general.--An employer of a covered 
                employee--
                            ``(i) may not discharge the covered 
                        employee for any reason except upon a showing 
                        of just cause; and
                            ``(ii) may not otherwise discriminate 
                        against the covered employee because of or with 
                        relation to the schedule or scheduling 
                        flexibility of the employee.
                    ``(B) Discrimination.--For the purposes of 
                subparagraph (A)(ii), the term `discriminate', with 
                respect to a covered employee, shall include--
                            ``(i) reducing the amount or number of 
                        hours of work of the covered employee;
                            ``(ii) restricting or limiting the work of 
                        the covered employee for the employer; or
                            ``(iii) removing the covered employee from 
                        the workplace, including by suspending or 
                        deactivating an account the covered employee 
                        uses to perform work for the employer.
                    ``(C) Motivating factor.--For the purposes of 
                subparagraph (A)(ii), 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 employer, even if such 
                action was also motivated by other factors.
    ``(c) Right To Request Future Flexibility.--
            ``(1) Right to request.--An employee shall have the right 
        to request to have the schedule that the employee desires, 
        including--
                    ``(A) the number of shifts or other units of work 
                per day or week;
                    ``(B) the number of hours of work per day;
                    ``(C) the number of days of work per week;
                    ``(D) the location where the employee performs the 
                work; and
                    ``(E) any unpaid time off the employee desires to 
                take.
            ``(2) Nonretaliation.--
                    ``(A) In general.--An employer shall not discharge 
                or in any other manner discriminate against an employee 
                for making a request described in paragraph (1).
                    ``(B) Motivating factor.--Unlawful discharge or 
                discrimination against an employee is established under 
                subparagraph (A) when the complaining party 
                demonstrates that the request described in paragraph 
                (1) was a motivating factor for such discharge or 
                discrimination, even if such discharge or 
                discrimination was also motivated by other factors.
            ``(3) Response.--
                    ``(A) In general.--An employer shall respond to a 
                request described in paragraph (1) 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 
                necessity.
                    ``(B) Review by secretary.--If the employer does 
                not grant a request described in paragraph (1) in full, 
                the employee may request review by the Secretary. The 
                Secretary may--
                            ``(i) issue an order to overrule the 
                        employer's denial of the employee's request, or 
                        any portion of the employee's request, if the 
                        Secretary finds that the employer does not have 
                        a compelling business necessity for the denial; 
                        or
                            ``(ii) issue an order to confirm the 
                        employer's denial of the employee's request, or 
                        any portion of the employee's request, if the 
                        Secretary finds that the employer has a 
                        compelling business necessity for the denial.
                    ``(C) Appeals.--
                            ``(i) In general.--An aggrieved employer or 
                        employee may--
                                    ``(I) appeal an order of the 
                                Secretary under subparagraph (B) to an 
                                administrative law judge; and
                                    ``(II) appeal an order of an 
                                administrative law judge under 
                                subclause (I) to a Federal or State 
                                court of competent jurisdiction.
                            ``(ii) Compliance with order during 
                        appeal.--For the duration of an appeal 
                        described in clause (i)(I), the employer and 
                        employee shall comply with the order of the 
                        Secretary until and unless the order is 
                        overturned by an administrative law judge. For 
                        the duration of an appeal described in clause 
                        (i)(II), 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 
                        jurisdiction.
                    ``(D) Compelling business necessity.--For purposes 
                of this paragraph, the term `compelling business 
                necessity' means only any of the following:
                            ``(i) A significant burden of additional 
                        costs to the employer that would be prohibitive 
                        of continuing to conduct business.
                            ``(ii) A complete inability of the employer 
                        to reorganize work amongst existing employees.
                            ``(iii) A complete inability of the 
                        employer to recruit additional employees.
                            ``(iv) A significant detrimental effect on 
                        the ability of the employer to meet customer 
                        demand.
                            ``(v) A lack of work during the period the 
                        employee proposes to work.
                            ``(vi) A planned structural change to the 
                        employer's business, which was planned before 
                        the request was made.
                            ``(vii) 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 reason.'';
            (2) by striking section 10 (29 U.S.C. 210); and
            (3) by redesignating section 9 (29 U.S.C. 209) as section 
        10.
    (b) Enforcement.--
            (1) Prohibited acts.--Section 15(a)(2) of the Fair Labor 
        Standards Act of 1938 (29 U.S.C. 215(a)(2)) is amended by 
        striking ``section 6 or 7'' and inserting ``section 6, 7, or 
        8''.
            (2) Penalties.--Section 16(e) of the Fair Labor Standards 
        Act of 1938 (29 U.S.C. 216(e)) is amended by adding at the end 
        the following:
    ``(6) Penalties for Violating Right to Flexibility.--Any person who 
violates section 8 shall be subject to a civil penalty, for each 
employee aggrieved by the violation and for each day in which the 
employer is in such violation, of--
            ``(A) $1,000; or
            ``(B) if the violation is repeated or willful, $5,000.''.
    (c) Conforming Amendments to Other Laws.--
            (1) Age discrimination in employment act of 1967.--Section 
        7(a) of the Age Discrimination in Employment Act of 1967 (29 
        U.S.C. 626(a)) is amended by striking ``sections 9 and 11 of 
        the Fair Labor Standards Act of 1938, as amended (29 U.S.C. 209 
        and 211)'' and inserting ``sections 10 and 11 of the Fair Labor 
        Standards Act of 1938, as amended (29 U.S.C. 210 and 211)''.
            (2) Family and medical leave act of 1993.--Section 106(d) 
        of the Family and Medical Leave Act of 1993 (29 U.S.C. 2616(d)) 
        is amended by striking ``section 9 of the Fair Labor Standards 
        Act of 1938 (29 U.S.C. 209)'' and inserting ``section 10 of the 
        Fair Labor Standards Act of 1938 (29 U.S.C. 210)''.

SEC. 102. RIGHT TO EMPLOYEE PROTECTIONS AT WORK.

    (a) Fair Labor Standards Act of 1938.--
            (1) Strengthening employee test.--Section 3(e) of the Fair 
        Labor Standards Act of 1938 (29 U.S.C. 203(e)) is amended by 
        adding at the end the following:
    ``(6)(A) For purposes of this Act, and except as provided in 
paragraphs (2), (3), (4), (5), (7), and (9), 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 person, unless--
            ``(i) the individual is free from control and direction in 
        connection with the performance of the labor, both under the 
        contract for the performance of the labor and in fact;
            ``(ii) the labor is performed outside the usual course of 
        the business of the person; and
            ``(iii) the individual is customarily engaged in an 
        independently established trade, occupation, profession, or 
        business of the same nature as that involved in the labor 
        performed.
    ``(B)(i) Subparagraph (A) is not a codification of the common law 
and shall not be interpreted to reflect, or to be limited or restricted 
by, common law interpretations regarding when an individual is an 
employee of another person. Subparagraph (A) shall be considered 
complete as written, and any judicial or agency interpretation of such 
subparagraph shall be limited to the explicit requirements of such 
subparagraph.
    ``(ii) The requirements of subparagraph (A) shall not be in any way 
affected by any agreement, written or otherwise, that purports to 
demonstrate an individual's acknowledgment of or acquiescence to the 
absence of an employer-employee relationship with a particular 
employer.
    ``(7)(A) Notwithstanding any contrary provisions in this subsection 
or subsection (d) or (g), in any instance in which there is a non-
compete agreement between a person and an individual who performs labor 
for such person, the presence of the non-compete agreement, without 
regard to the legality or enforceability of the non-compete agreement, 
shall be evidence of control for purposes of paragraph (6)(A)(i), but 
shall not by itself establish an employment relationship between such 
person and the individual.
    ``(B) In this paragraph, 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 performing, either 
during or after the individual performs labor for such person--
            ``(i) any labor for another person;
            ``(ii) any labor for a specified period of time;
            ``(iii) any labor in a specified geographical area; or
            ``(iv) any labor for another person that is similar to the 
        labor such individual performed for the person that is a party 
        to such agreement.''.
            (2) Presumption of employee status.--Section 3(e) of the 
        Fair Labor Standards Act of 1938 (29 U.S.C. 203(e)), as amended 
        by paragraph (1), is further amended by adding at the end the 
        following:
    ``(8) For purposes of this Act, an individual performing any labor 
for remuneration for a person shall be presumed to be an employee of 
the person, unless the party seeking to assert otherwise establishes by 
clear and convincing evidence that the individual is not an employee in 
accordance with paragraphs (1) through (7) and paragraph (9).''.
            (3) Misclassification as a standalone violation.--
                    (A) In general.--The Fair Labor Standards Act of 
                1938 (29 U.S.C. 201 et seq.) is amended--
                            (i) by inserting after section 4 (29 U.S.C. 
                        204) the following:

``SEC. 5. MISCLASSIFICATION.

    ``No employer shall misclassify any employee, who in any workweek 
is engaged in commerce or in the production of goods for commerce, or 
is employed in an enterprise engaged in commerce or in the production 
of goods for commerce, of the employer as not an employee of the 
employer for purposes of this Act.''; and
                            (ii) in section 15(a) (29 U.S.C. 215(a))--
                                    (I) in paragraph (5), by striking 
                                the period at the end and inserting a 
                                semicolon; and
                                    (II) by adding at the end the 
                                following:
            ``(6) to violate section 5;''.
                    (B) Incorporation to further violations.--Section 
                15(a) of the Fair Labor Standards Act of 1938 (29 
                U.S.C. 215(a)), as amended by subparagraph (A)(ii), is 
                further amended by adding at the end the following:
            ``(7) for the purpose, in whole or in part, of 
        facilitating, or evading detection of, a violation of this Act, 
        including a violation of paragraph (6)--
                    ``(A) to incorporate or form, or assist in the 
                incorporation or formation of, a corporation, 
                partnership, limited liability corporation, or other 
                entity; or
                    ``(B) to pay or collect a fee for use of a foreign 
                or domestic corporation, partnership, limited liability 
                corporation, or other entity; or''.
                    (C) Penalties.--Section 16(e) of the Fair Labor 
                Standards Act of 1938 (29 U.S.C. 216(e)), as amended by 
                section 101(b)(2), is further amended by adding at the 
                end the following:
    ``(7) Penalties for Misclassification and Incorporation To Further 
Violations.--
            ``(A) In general.--Any person who violates paragraph (6) or 
        (7) of section 15(a) shall be subject to a civil penalty of--
                    ``(i) subject to clauses (ii) and (iii), $10,000;
                    ``(ii) if the violation is repeated or willful, 
                $30,000; or
                    ``(iii) if the violation is widespread, 1 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 violation.
            ``(B) Repeated, or willful, and widespread violations.--If 
        a violation of paragraph (6) or (7) of section 15(a) is 
        repeated or willful, as described in subparagraph (A)(ii), and 
        is widespread, as described in subparagraph (A)(iii), the 
        higher penalty of the penalties described in such subparagraphs 
        shall apply.
            ``(C) Payment of penalties.--Any penalty assessed under 
        subparagraph (A) for a violation of paragraph (6) or (7) of 
        section 15(a) shall be paid from an account of the person in 
        such violation and not paid, or reimbursed, by any insurance 
        plan that would indemnify the person from violations of such 
        paragraph (6) or (7), respectively. If a person receives a 
        payment from an insurance plan to indemnify the person from a 
        violation of such paragraph, the person shall transfer the 
        payment to the Secretary, in addition to the amount to be paid 
        from the account of the person for the penalty. 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 15 for purposes of paragraph (5) of this 
        subsection and subsection (f).''.
            (4) Protection from retaliation for being an employee.--
        Section 15(a)(3) of the Fair Labor Standards Act of 1938 (29 
        U.S.C. 215(a)(3)) is amended--
                    (A) by striking ``employee because such employee 
                has filed'' and inserting ``employee because--
                    ``(A) such employee has filed;'';
                    (B) by striking ``committee;'' and inserting 
                ``committee; or''; and
                    (C) by adding at the end the following:
            ``(B) such employee--
                    ``(i) is required, pursuant to the enactment of the 
                Worker Flexibility and Small Business Protection Act of 
                2020, to be classified as an employee of the person for 
                purposes of this Act and not an independent contractor; 
                and
                    ``(ii) 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 2020;''.
            (5) Rules regarding unlawful discharge or discrimination.--
        Section 15 of the Fair Labor Standards Act of 1938 (29 U.S.C. 
        215) is amended by adding at the end the following:
    ``(c) Rules Regarding Unlawful Discharge or Discrimination.--
            ``(1) Presumption of retaliation.--Any action taken against 
        an employee within 90 days of the employee taking any action 
        described in subsection (a)(3)(A), including taking any such 
        action with respect to exercising the right of the employee 
        pursuant to section 5 to not be misclassified, shall establish 
        a rebuttable presumption that the action is discrimination 
        against the employee in violation of subsection (a)(3).
            ``(2) Motivating factor.--Unlawful discharge or other 
        discrimination against an employee under subsection (a)(3) 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 
        discrimination, even if such discharge or other discrimination 
        was also motivated by other factors.''.
            (6) Statutory employers in heavily misclassified 
        industries.--
                    (A) Definition of employer.--Section 3(d) of the 
                Fair Labor Standards Act of 1938 (29 U.S.C. 203(d)) is 
                amended to read as follows:
    ``(d) Employer.--
            ``(1) In general.--The term `employer' includes any person 
        acting directly or indirectly in the interest of an employer in 
        relation to an employee.
            ``(2) Inclusions and exclusions.--The term `employer' 
        includes a public agency but does not include any labor 
        organization (other than when acting as an employer) or anyone 
        acting in the capacity of officer or agent of such labor 
        organization.
            ``(3) 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 `employee', as defined in 
        subsection (e), and the term `employ', as defined in subsection 
        (g).
            ``(4) Statutory employers in certain industries.--The term 
        `employer' shall include any person, except a person excluded 
        under paragraph (2), with respect to an individual described in 
        subsection (e)(9) performing labor that is beneficial to the 
        person, that is engaged in any of the following work:
                    ``(A) Transportation, including any person that 
                benefits from labor performed by individuals in the 
                form of transportation in a motorized or unmotorized 
                vehicle, by foot, or by any other means, including 
                transportation network companies, technology platform 
                companies, passenger transportation or food 
                transportation companies, and cargo transportation 
                companies.
                    ``(B) Network dispatching, 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 labor, but not 
                including any person who owns, controls, or manages--
                            ``(i) 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 owning, controlling, or managing 
                        the neutral marketplace, including such person 
                        having absolutely no role in the setting of 
                        prices or rates, in the assignment or referral 
                        of requests for goods or services to 
                        individuals who could potentially provide such 
                        goods or services, and in the acceptance or 
                        rejection of any requests for goods or 
                        services; and
                            ``(ii) a labor organization hiring hall.''.
                    (B) Definition of employee.--Section 3(e) of the 
                Fair Labor Standards Act of 1938 (29 U.S.C. 203(e)), as 
                amended by paragraph (2), is further amended by adding 
                at the end the following:
    ``(9) Notwithstanding paragraph (1) or (6) of this subsection, 
subsection (d) (other than paragraph (4) of such subsection), or 
subsection (g), and except as provided in paragraphs (2), (3), (4), and 
(5), the term `employee', with respect to an employer described in 
subsection (d)(4), shall include any individual performing labor that 
is beneficial to the employer, including--
            ``(A) with respect to transportation described in 
        subparagraph (A) of such subsection, any individual who 
        performs any portion of the labor included under such 
        subparagraph, including individuals who perform labor in the 
        form of engaging in transportation beneficial to transportation 
        network companies, technology platform companies, passenger 
        transportation or food transportation companies, or cargo 
        transportation companies; and
            ``(B) with respect to network dispatching described in 
        subparagraph (B) of such subsection, any individual who 
        performs any portion of the services or labor included under 
        such subparagraph, including providing the services or labor to 
        the individuals or entities seeking such services or labor.''.
                    (C) Compensable time worked.--
                            (i) In general.--The Fair Labor Standards 
                        Act of 1938 (29 U.S.C. 201 et seq.) is amended 
                        by inserting after section 8 the following:

``SEC. 9. SPECIAL REQUIREMENTS FOR CERTAIN WORKERS.

    ``(a) Determining Compensable Hours Worked for Transportation and 
Network Dispatching Workers.--
            ``(1) Determining hours worked.--
                    ``(A) In general.--For the purposes of sections 6 
                and 7, in determining the hours for which an employee 
                described in section 3(e)(9) is employed, there shall 
                be included any reasonable amount of time, as 
                determined by the Secretary in accordance with 
                subparagraph (C), spent on waiting for, receiving, 
                reviewing, considering, accepting, and transporting 
                oneself to fulfill an assignment or request to perform 
                any portion of labor immediately before performing such 
                portion of labor, including through a smartphone 
                application, technology platform, dispatch network, or 
                any other mechanism that is used to connect individuals 
                or entities seeking services or labor with employees 
                seeking to provide services or labor.
                    ``(B) Rate of compensation.--Compensation paid for 
                any reasonable amount of time described in subparagraph 
                (A) shall be paid at a rate no less than the employee's 
                regular rate of pay.
                    ``(C) Determination of amount of time.--The 
                Secretary shall have discretion to determine a 
                reasonable amount of time for purposes of subparagraph 
                (A) given the specific circumstances involved, except 
                that in all cases--
                            ``(i) the minimum amount of the reasonable 
                        amount of time for the activities described in 
                        subparagraph (A) before accepting and 
                        performing a portion of labor shall be 3 
                        minutes; and
                            ``(ii) the maximum amount of such 
                        reasonable amount of time shall be 30 minutes.
                    ``(D) Collective bargaining.--Notwithstanding 
                subparagraph (A), no employer shall be determined to 
                have violated section 6 or 7 by employing any employee 
                described in section 3(e)(9) without providing such 
                employee compensation for the reasonable amount of time 
                under subparagraph (A) if such employee is so employed 
                in pursuance of an agreement, made as a result of 
                collective bargaining by a bona fide representative of 
                employees for purposes of section 8(f) or (9)(a) of the 
                National Labor Relations Act (29 U.S.C. 158(f), 
                159(a)), that alters or waives the compensation 
                requirements of this paragraph.
            ``(2) Information.--The Secretary shall have the authority 
        to request, inspect, and pursue subpoenas for any information 
        or data held by an employer that the Secretary determines to be 
        relevant--
                    ``(A) in determining the reasonable amount of time 
                under paragraph (1)(A) for which an employee described 
                in section 3(e)(9) should be compensated;
                    ``(B) in determining an employee's regular rate of 
                pay for purposes of paragraph (1)(B); or
                    ``(C) for any other purpose related to this 
                subsection.''.
                            (ii) Penalties.--Section 15(a)(2) is 
                        amended by inserting ``including violations due 
                        to failure to comply with section 9(a),'' after 
                        ``section 7,''.
            (7) Misclassification enforcement through reclassification 
        orders and stop work orders.--
                    (A) In general.--Section 17 of the Fair Labor 
                Standards Act of 1938 (29 U.S.C. 217) is amended--
                            (i) by striking ``The district courts'' and 
                        inserting ``(a) The district courts'';
                            (ii) by inserting ``orders issued under 
                        subsection (b)(1) or (c)(1) or violations of'' 
                        before ``section 15,''; and
                            (iii) by adding at the end the following:
    ``(b) Misclassification Enforcement Through Reclassification 
Orders.--
            ``(1) In general.--If the Secretary determines, after an 
        investigation under section 11, that an employer has 
        misclassified 1 or more individuals who are employees of the 
        employer as not employees in violation of section 15(a)(6)--
                    ``(A) the Secretary shall issue, not later than 24 
                hours after making such determination, an order against 
                the employer requiring the employer to immediately 
                classify the 1 or more individuals as employees of the 
                employer; and
                    ``(B) the employer shall immediately comply with 
                the order issued under subparagraph (A) or shall 
                otherwise be in violation of section 15(a)(6).
            ``(2) Orders.--An order issued under paragraph (1) shall--
                    ``(A) be effective at the time at which the order 
                is served upon the employer, which may be accomplished 
                by the posting of a copy of the order in a conspicuous 
                location at the place of business of the employer; and
                    ``(B) remain in effect during any review conducted 
                under paragraph (3) with respect to such order and 
                during any hearing and appeal of such order under 
                paragraph (4).
            ``(3) Review for reconsideration.--
                    ``(A) In general.--An employer against whom an 
                order is issued under paragraph (1) may request a 
                review by the Secretary to contest the order.
                    ``(B) Requests.--A request under subparagraph (A) 
                shall be made in writing to the Secretary not more than 
                5 days after the issuance of the order.
                    ``(C) Requirements for review.--
                            ``(i) In general.--A review under this 
                        paragraph shall--
                                    ``(I) commence not later than 24 
                                hours after a request is made under 
                                subparagraph (B); and
                                    ``(II) conclude not later than 24 
                                hours after such commencement.
                            ``(ii) Determination.--Not later than 72 
                        hours after a review concludes under clause 
                        (i)(II), the Secretary shall determine whether 
                        to affirm, modify, or revoke the contested 
                        order.
            ``(4) Hearings and appeals.--Any person aggrieved by a 
        determination of the Secretary under paragraph (3)(C)(ii) may--
                    ``(A) request a hearing to appeal such 
                determination to an administrative law judge; and
                    ``(B) appeal an order of an administrative law 
                judge under subparagraph (A) to a Federal or State 
                court of competent jurisdiction.
            ``(5) Injunction proceedings.--The Secretary may seek an 
        injunction proceeding under subsection (a) against any employer 
        that violates an order issued under paragraph (1). A court 
        shall issue such injunction if the Secretary has demonstrated 
        it is just and proper.
            ``(6) Successfully disproving occurrence of 
        misclassification.--
                    ``(A) In general.--If an employer with respect to 
                whom an order was issued under paragraph (1) 
                successfully proves through a review under paragraph 
                (3), or a hearing or appeal under paragraph (4), that 
                the 1 or more individuals who were the subject of the 
                order were not misclassified in violation of section 
                15(a)(6)--
                            ``(i) the order issued under paragraph (1) 
                        shall cease to be in effect;
                            ``(ii) the employer shall not be liable for 
                        any applicable unpaid minimum wages, unpaid 
                        overtime compensation, other damages, or civil 
                        penalties owed by the employer under section 16 
                        with respect to the misclassification of such 1 
                        or more individuals; and
                            ``(iii) the Secretary of Labor, 
                        administrative law judge, or the court shall 
                        award (and the Secretary of the Treasury shall, 
                        in accordance with subparagraph (B), pay) to 
                        the employer reasonable fees and expenses of 
                        attorneys in the same manner as such fees and 
                        expenses could be awarded under section 2412 of 
                        title 28, United States Code, if the employer 
                        was a prevailing party and the review, hearing, 
                        or appeals proceeding was a civil action 
                        brought by or against the United States.
                    ``(B) Source of funds.--The Secretary of the 
                Treasury shall, upon notification by the Secretary of 
                Labor, administrative law judge, or court, as 
                applicable, pay any fees or expenses awarded under 
                subparagraph (A)(iii) from amounts in the general fund 
                of the Treasury.
    ``(c) Misclassification Enforcement Through Stop Work Orders.--
            ``(1) In general.--In any case where an employer does not 
        comply with a reclassification order issued by the Secretary 
        under subsection (b)(1), with respect to 2 or more individuals 
        who are misclassified in violation of section 15(a)(6), within 
        30 days of being served with the order, the Secretary shall 
        issue--
                    ``(A) subject to subparagraph (B), an order against 
                the employer requiring the cessation of all business 
                operations of such employer at the location of the 
                violation; or
                    ``(B) if an order described in subparagraph (A) has 
                been previously issued against the employer by any 
                Federal, State, or local agency for misclassifying an 
                employee as not an employee in violation of section 
                15(a)(6), or an equivalent State or local law as 
                determined by the Secretary, an order against the 
                employer requiring the cessation of all business 
                operations of such employer at all business locations 
                of the employer, including locations other than the 
                location where the misclassification occurred.
            ``(2) Orders.--
                    ``(A) Applicability.--An order issued under 
                paragraph (1) shall--
                            ``(i) be effective at the time at which the 
                        order is served upon the employer, which may be 
                        accomplished by the posting of a copy of the 
                        order in a conspicuous location at the place of 
                        business of the employer; and
                            ``(ii) remain in effect--
                                    ``(I) during any review conducted 
                                under paragraph (3) with respect to 
                                such order and during any hearing and 
                                appeal of such order under paragraph 
                                (4); and
                                    ``(II) until the Secretary issues a 
                                release order under subparagraph (B).
                    ``(B) Release orders.--
                            ``(i) In general.--An order issued under 
                        paragraph (1) (that is not revoked by the 
                        Secretary or held unlawful or set aside by an 
                        administrative law judge or a court) 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--
                                    ``(I) has corrected the violation 
                                of section 15(a)(6) with respect to the 
                                2 or more individuals who were 
                                misclassified resulting in the order; 
                                and
                                    ``(II) has agreed to a payment 
                                schedule for all applicable unpaid 
                                minimum wages, unpaid overtime 
                                compensation, other damages, and civil 
                                penalties owed by the employer under 
                                section 16.
                            ``(ii) Reinstatement.--If, at any time 
                        after the Secretary issues a release order 
                        under clause (i), the employer fails to comply 
                        with the terms of the payment schedule 
                        described in clause (i)(II), the Secretary 
                        shall reinstate the order issued under 
                        paragraph (1) until the employer is in 
                        compliance with such terms.
            ``(3) Review for reconsideration.--
                    ``(A) In general.--An employer against whom an 
                order is issued under paragraph (1) may request a 
                review by the Secretary to contest the order.
                    ``(B) Requests.--A request under subparagraph (A) 
                shall be made in writing to the Secretary not more than 
                5 days after the issuance of the order.
                    ``(C) Requirements for review.--
                            ``(i) In general.--A review under this 
                        paragraph shall--
                                    ``(I) commence not later than 24 
                                hours after a request is made under 
                                subparagraph (B); and
                                    ``(II) conclude not later than 24 
                                hours after such commencement.
                            ``(ii) Determination.--Not later than 72 
                        hours after a review concludes under clause 
                        (i)(II), the Secretary shall determine whether 
                        to affirm, modify, or revoke the contested 
                        order.
            ``(4) Hearings and appeals.--Any person aggrieved by a 
        determination of the Secretary under paragraph (3)(C)(ii) may--
                    ``(A) request a hearing to appeal such 
                determination to an administrative law judge; and
                    ``(B) appeal an order of an administrative law 
                judge under subparagraph (A) to a Federal or State 
                court of competent jurisdiction.
            ``(5) Injunction proceedings.--The Secretary may seek an 
        injunction proceeding under subsection (a) against any employer 
        that violates an order issued under paragraph (1). A court 
        shall issue such injunction if the Secretary has demonstrated 
        it is just and proper.
            ``(6) Compensation for lost work.--
                    ``(A) In general.--Subject to subparagraph (B), an 
                employer with respect to whom an order is issued under 
                paragraph (1) shall pay each employee of the employer, 
                who loses compensation due to the work of such employee 
                ceasing as a result of such order, the compensation 
                that would be owed to such employee if the order was 
                not issued.
                    ``(B) Limitation.--Compensation paid under 
                subparagraph (A) shall be for each day, not to exceed 
                10 days, for which the employee would be paid if the 
                order described in such subparagraph were not in 
                effect.
            ``(7) Successfully disproving occurrence of 
        misclassification.--
                    ``(A) In general.--In any case where an employer 
                with respect to whom an order was issued under 
                paragraph (1) successfully proves, through a review 
                under paragraph (3) or a subsequent hearing or appeals 
                proceeding under paragraph (4), that the 2 or more 
                individuals who were the subject of the order were not 
                misclassified in violation of section 15(a)(6)--
                            ``(i) the order issued under paragraph (1), 
                        and any order issued against the employer under 
                        subsection (b)(1) with respect to such 2 or 
                        more individuals, shall cease to be in effect;
                            ``(ii) the employer shall not be liable for 
                        any applicable unpaid minimum wages, unpaid 
                        overtime compensation, other damages, or civil 
                        penalties owed by the employer under section 16 
                        with respect to the misclassification of such 2 
                        or more individuals; and
                            ``(iii) the Secretary of Labor, 
                        administrative law judge, or the court shall 
                        award (and the Secretary of the Treasury shall, 
                        in accordance with subparagraph (B), pay) to 
                        the employer--
                                    ``(I) an amount equal to any 
                                demonstrable lost net profits resulting 
                                from the order, as demonstrated by 
                                clear and convincing evidence; and
                                    ``(II) reasonable fees and expenses 
                                of attorneys in the same manner as such 
                                fees and expenses could be awarded 
                                under section 2412 of title 28, United 
                                States Code, if the employer was a 
                                prevailing party and the review, 
                                hearing, or appeals proceeding was a 
                                civil action brought by or against the 
                                United States.
                    ``(B) Source of funds.--The Secretary of the 
                Treasury shall, upon notification by the Secretary of 
                Labor, administrative law judge, or court, as 
                applicable, pay any amounts, fees, or expenses awarded 
                under subparagraph (A)(iii) from amounts available in 
                the general fund of the Treasury.''.
                    (B) Penalties.--Section 16(e) of the Fair Labor 
                Standards Act of 1938 (29 U.S.C. 216(e)), as amended by 
                paragraph (3)(C), is further amended by adding at the 
                end the following:
    ``(8) Penalties for Violating Reclassification Orders.--
            ``(A) Civil penalties.--Any person who violates a 
        reclassification order issued by the Secretary under section 
        17(b)(1) shall be subject to a civil penalty of not less than 
        $5,000 per day, with each day constituting a separate offense.
            ``(B) Additional damages.--In any case in which an employer 
        contests a reclassification order issued under paragraph (1) of 
        section 17(b) in a review under paragraph (3) of such section, 
        a hearing under paragraph (4)(A) of such section, and a 
        subsequent judicial proceeding under paragraph (4)(B) of such 
        section, and the court in such proceeding rules in favor of the 
        Secretary--
                    ``(i) the court shall determine if, during the 
                period between the issuance of such order and the 
                conclusion of the proceeding, the employer violated 
                such order by not classifying the 1 or more individuals 
                as employees during that period; and
                    ``(ii) if the court determines the employer so 
                violated the order during that period--
                            ``(I) the court shall determine the amount 
                        of net profits derived by the employer from the 
                        individuals' labor during that period; and
                            ``(II) the court shall assess damages in 
                        the amount determined under subclause (I), 
                        which damages shall be awarded to such 
                        individuals by the court.''.
                    (C) Conforming amendments.--Sections 12(b) and 
                16(b) of the Fair Labor Standards Act of 1938 (29 
                U.S.C. 212(b) and 216(b)) are amended by striking 
                ``section 17'' each place it appears and inserting 
                ``section 17(a)''.
            (8) Private attorneys general.--Section 16 of the Fair 
        Labor Standards Act of 1938 (29 U.S.C. 216), as amended by 
        paragraph (7)(B), is further amended--
                    (A) in subsection (b), by inserting after the third 
                sentence the following: ``Any employer who violates a 
                provision of this Act for which a civil penalty may be 
                assessed by the Secretary under this Act may, in 
                accordance with subsection (f), be liable to the 
                employee or employees affected in the amount of the 
                civil penalty.'';
                    (B) in subsection (e)--
                            (i) in paragraph (3), in the matter 
                        preceding subparagraph (A) of the second 
                        sentence, by inserting ``, except as provided 
                        in subsection (f)(3)(A),'' after ``may''; and
                            (ii) in paragraph (5)--
                                    (I) in the first sentence, by 
                                inserting ``and as provided in 
                                subsection (f)(3)(B),'' after ``Except 
                                for civil penalties collected for 
                                violations of section 12''; and
                                    (II) in the second sentence, by 
                                striking ``Civil penalties'' and 
                                inserting ``Except as provided in 
                                subsection (f)(3)(B), civil 
                                penalties''; and
                    (C) by adding at the end the following:
    ``(f) Private Right of Action for Penalties.--
            ``(1) In general.--Notwithstanding any other provision in 
        this Act, 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 may, subject to paragraph (2), 
        bring a civil action in accordance with subsection (b) for the 
        recovery of the amount of the penalty on behalf of the employee 
        and any other employees similarly situated (subject to the 
        requirements for being a party plaintiff under such 
        subsection).
            ``(2) Notice.--
                    ``(A) In general.--Prior to filing the civil action 
                described in paragraph (1), the employee filing such 
                action shall file with the Secretary a notice of--
                            ``(i) the complaint of the employee; and
                            ``(ii) 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 (b) from the employer.
                    ``(B) Notification by secretary to employee.--
                            ``(i) In general.--The Secretary shall, not 
                        later than 60 days after receiving the notice 
                        under subparagraph (A), notify the employee of 
                        whether the Secretary has assessed, is 
                        assessing, or plans to assess the civil penalty 
                        in accordance with this Act.
                            ``(ii) Termination of employee right.--The 
                        right of an employee to bring an action under 
                        subsection (b) to recover a civil penalty under 
                        this subsection shall terminate upon the filing 
                        of a notification by the Secretary under clause 
                        (i) that the Secretary has assessed, is 
                        assessing, or plans to assess the civil penalty 
                        in accordance with this Act.
            ``(3) Treatment of penalties recovered by employees.--In a 
        case in which the Secretary notifies the employee that the 
        Secretary has not assessed, is not assessing, and plans not to 
        assess the civil penalty (or fails to meet the required 
        deadline for notifying the employee under paragraph 
        (2)(B)(i))--
                    ``(A) the second sentence of paragraph (3), and 
                paragraph (5), of subsection (e) shall not apply with 
                respect to the civil penalty sought by the employee; 
                and
                    ``(B) if the penalty is successfully recovered 
                through a civil action by the employee, the employee 
                and any other similarly situated employee (as 
                applicable) shall retain the amount of the penalty in 
                accordance with paragraph (4) (as applicable).
            ``(4) 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--
                    ``(A) the employee bringing the action shall be 
                entitled to--
                            ``(i) 100 percent of the amount of the 
                        penalty assessed for such employee; and
                            ``(ii) 25 percent of the amount of the 
                        penalty assessed for similarly situated 
                        employees involved in the action; and
                    ``(B) 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 employees.
            ``(5) Arbitration.--
                    ``(A) In general.--Notwithstanding any other 
                provision of Federal law and except as provided in 
                subparagraph (B), the right to bring a civil action 
                under this subsection may not be waived, limited, 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 occurred, including any contract or other 
                agreement to resolve disputes through arbitration.
                    ``(B) Consent of secretary.--No civil action 
                brought under this subsection may be sent to or 
                resolved through arbitration, regardless of whether all 
                parties to the civil action have consented to 
                arbitration, without the explicit consent of the 
                Secretary for sending that specific action to 
                arbitration.''.
    (b) National Labor Relations Act.--
            (1) Strengthening employee test.--Section 2(3) of the 
        National Labor Relations Act (29 U.S.C. 152(3)) is amended--
                    (A) by striking ``The term'' and inserting ``(A) 
                The term'';
                    (B) by striking ``employment, but shall not'' and 
                inserting ``employment. Such term shall not''; and
                    (C) by adding at the end the following:
    ``(B)(i) For purposes of this Act, and except as provided in the 
second sentence of subparagraph (A) and subparagraphs (C) and (E), 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 person, unless--
            ``(I) the individual is free from control and direction in 
        connection with the performance of the labor, both under the 
        contract for the performance of the labor and in fact;
            ``(II) the labor is performed outside the usual course of 
        the business of the person; and
            ``(III) the individual is customarily engaged in an 
        independently established trade, occupation, profession, or 
        business of the same nature as that involved in the labor 
        performed.
    ``(ii)(I) Clause (i) is not a codification of the common law and 
shall not be interpreted to reflect, or to be limited or restricted by, 
common law interpretations regarding when an individual is an employee 
of another person. Clause (i) shall be considered complete as written, 
and any judicial or agency interpretation of such clause shall be 
limited to the explicit requirements of such clause.
    ``(II) The requirements of clause (i) shall not be in any way 
affected by any agreement, written or otherwise, that purports to 
demonstrate an individual's acknowledgment of or acquiescence to the 
absence of an employer-employee relationship with a particular 
employer.
    ``(C)(i) Notwithstanding any contrary provisions in this paragraph 
or paragraph (2), in any instance in which there is a non-compete 
agreement between a person and an individual who performs labor for 
such person, the presence of the non-compete agreement, without regard 
to the legality or enforceability of the non-compete agreement, shall 
be evidence of control for purposes of subparagraph (B)(i)(I), but 
shall not by itself establish an employment relationship between such 
person and the individual.
    ``(ii) In this subparagraph, 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 performing, either 
during or after the individual performs labor for such person--
            ``(I) any labor for another person;
            ``(II) any labor for a specified period of time;
            ``(III) any labor in a specified geographical area; or
            ``(IV) any labor for another person that is similar to the 
        labor such individual performed for the person that is a party 
        to such agreement.''.
            (2) Presumption of employee status.--Section 2(3) of the 
        National Labor Relations Act (29 U.S.C. 152(3)), as amended by 
        paragraph (1), is further amended by adding at the end the 
        following:
    ``(D) For purposes of this Act, an individual performing any labor 
for remuneration for a person shall be presumed to be an employee of 
the person, 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 paragraph.''.
            (3) Misclassification as a standalone violation.--
                    (A) In general.--Section 8(a) of the National Labor 
                Relations Act (29 U.S.C. 158(a)) is amended--
                            (i) in paragraph (5), by striking the 
                        period at the end and inserting a semicolon; 
                        and
                            (ii) by adding at the end the following:
            ``(6) to misclassify an employee of the employer, who is 
        engaged in commerce or an industry affecting commerce, as not 
        an employee of the employer for purposes of this Act;''.
                    (B) Incorporation to further violations.--Section 
                8(a) of the National Labor Relations Act (29 U.S.C. 
                158(a)), as amended by subparagraph (A), is further 
                amended by adding at the end the following:
            ``(7) for the purpose, in whole or in part, of 
        facilitating, or evading detection of, a violation of this Act, 
        including a violation of paragraph (6)--
                    ``(A) to incorporate or form, or assist in the 
                incorporation or formation of, a corporation, 
                partnership, limited liability corporation, or other 
                entity; or
                    ``(B) to pay or collect a fee for use of a foreign 
                or domestic corporation, partnership, limited liability 
                corporation, or other entity; or''.
                    (C) Penalties.--Section 12 of the National Labor 
                Relations Act (29 U.S.C. 162) is amended to read as 
                follows:

``SEC. 12. PENALTIES.

    ``(a) In General.--Any person who shall willfully resist, prevent, 
impede, 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 $5,000 or by imprisonment for not 
more than one year, or both.
    ``(b) Civil Penalties for Misclassification or Incorporation To 
Further Violations.--
            ``(1) In general.--Any person who violates paragraph (6) or 
        (7) of section 8(a) shall be subject to a civil penalty of--
                    ``(A) subject to subparagraphs (B) and (C), 
                $10,000;
                    ``(B) if the violation is repeated or willful, 
                $30,000; or
                    ``(C) if the violation is widespread, 1 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 violation.
            ``(2) Repeated, or willful, and widespread violations.--If 
        a violation of paragraph (6) or (7) of section 8(a) is repeated 
        or willful, as described in paragraph (1)(B), and is 
        widespread, as described in paragraph (1)(C), the higher 
        penalty of the penalties described in such paragraphs shall 
        apply.
            ``(3) Payment of penalties.--Any penalty assessed under 
        paragraph (1) for a violation of paragraph (6) or (7) of 
        section 8(a) shall be paid from an account of the person in 
        such violation and not paid, or reimbursed, by any insurance 
        plan that would indemnify the person from violations of such 
        paragraph (6) or (7), respectively. If a person receives a 
        payment from an insurance plan to indemnify the person from a 
        violation of such paragraph, the person shall transfer the 
        payment to the Board, in addition to the amount to be paid from 
        the account of the person for the penalty.''.
            (4) Protection from retaliation for being an employee.--
        Section 8(a)(4) of the National Labor Relations Act (29 U.S.C. 
        158(a)(4)) is amended--
                    (A) by striking ``employee because he has filed'' 
                and inserting ``employee because--
                    ``(A) such employee has filed;'';
                    (B) by striking ``Act;'' and inserting ``Act; or''; 
                and
                    (C) by adding at the end the following:
                    ``(B) such employee--
                            ``(i) is required, pursuant to the 
                        enactment of the Worker Flexibility and Small 
                        Business Protection Act of 2020, to be 
                        classified as an employee of the employer for 
                        purposes of this Act and not an independent 
                        contractor; and
                            ``(ii) 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 2020;''.
            (5) Presumption of retaliation.--Section 8 of the National 
        Labor Relations Act (29 U.S.C. 158) is amended by adding at the 
        end the following:
    ``(h) Presumption of Retaliation.--Any action taken against an 
employee within 90 days of the employee taking any action described in 
subsection (a)(4)(A), including taking any such action with respect to 
exercising the right of the employee pursuant to subsection (a)(6) to 
not be misclassified, shall establish a rebuttable presumption that the 
action is discrimination against the employee in violation of 
subsection (a)(4).''.
            (6) Statutory employers in heavily misclassified 
        industries.--
                    (A) Definition of employer.--Section 2(2) of the 
                National Labor Relations Act (29 U.S.C. 152(2)) is 
                amended to read as follows:
    ``(2) Employer.--
            ``(A) In general.--The term `employer' includes any person 
        acting as an agent of an employer, directly or indirectly, but 
        shall not include the United States or any wholly owned 
        Government corporation, or any Federal Reserve Bank, or any 
        State or political subdivision thereof, or any person subject 
        to the Railway Labor Act, as amended from time to time, or any 
        labor organization (other than when acting as an employer), or 
        anyone acting in the capacity of officer or agent of such labor 
        organization.
            ``(B) Statutory employers in certain industries.--The term 
        `employer' shall include any person (except a person described 
        as excluded from the term under subparagraph (A)), with respect 
        to an individual described in paragraph (3)(E) performing labor 
        that is beneficial to the person, that is engaged in any of the 
        following work:
                    ``(i) Transportation, including any person that 
                benefits from labor performed by individuals in the 
                form of transportation in a motorized or unmotorized 
                vehicle, by foot, or by any other means, including 
                transportation network companies, technology platform 
                companies, passenger transportation or food 
                transportation companies, and cargo transportation 
                companies.
                    ``(ii) Network dispatching, 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 labor, but not 
                including any person who owns, controls or manages--
                            ``(I) 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 owning, controlling, or managing 
                        the neutral marketplace, including such person 
                        having absolutely no role in the setting of 
                        prices or rates, in the assignment or referral 
                        of requests for goods or services to 
                        individuals who could potentially provide such 
                        goods or services, and in the acceptance or 
                        rejection of any requests for goods or 
                        services; and
                            ``(II) a labor organization hiring hall.''.
                    (B) Definition of employee.--Section 2(3) of the 
                National Labor Relations Act (29 U.S.C. 152(3)), as 
                amended by paragraph (2), is further amended by adding 
                at the end the following:
    ``(E) Notwithstanding subparagraphs (A) (except the second sentence 
of such subparagraph) and (B) of this paragraph or paragraph (2) (other 
than subparagraph (B) of such paragraph), and except as provided in the 
second sentence of such subparagraph (A), the term `employee', with 
respect to an employer described in paragraph (2)(B), shall include any 
individual performing labor that is beneficial to the employer, 
including--
            ``(i) with respect to transportation described in clause 
        (i) of such paragraph, any individual who performs any portion 
        of the labor included under such clause, including individuals 
        who perform labor in the form of engaging in transportation 
        beneficial to transportation network companies, technology 
        platform companies, passenger transportation or food 
        transportation companies, or cargo transportation companies; 
        and
            ``(ii) with respect to network dispatching described in 
        clause (ii) of such paragraph, any individual who performs any 
        portion of the labor included under such clause, including 
        providing the services or labor described in such clause to the 
        individuals or entities seeking such services or labor.''.
            (7) Misclassification enforcement through reclassification 
        orders and stop work orders.--
                    (A) In general.--Section 10 of the National Labor 
                Relations Act (29 U.S.C. 160) is amended by adding at 
                the end the following:
    ``(n) Misclassification Enforcement Through Reclassification 
Orders.--
            ``(1) In general.--If a regional director, after an 
        investigation under section 11, has reasonable cause to believe 
        that an employer has misclassified 1 or more individuals who 
        are employees of the employer as not employees in violation of 
        section 8(a)(6) and that, regardless of whether a charge has 
        been or will be filed, if charged a complaint would issue--
                    ``(A) the regional director shall issue, not later 
                than 24 hours after making such determination, an order 
                against the employer requiring the employer to 
                immediately classify the 1 or more individuals as 
                employees of the employer; and
                    ``(B) the employer shall immediately comply with 
                the order issued under subparagraph (A) or shall 
                otherwise be in violation of section 8(a)(6).
            ``(2) Orders.--An order issued under paragraph (1) shall--
                    ``(A) be effective at the time at which the order 
                is served upon the employer, which may be accomplished 
                by the posting of a copy of the order in a conspicuous 
                location at the place of business of the employer; and
                    ``(B) remain in effect during any review conducted 
                under paragraph (3) with respect to such order and 
                during any hearing and appeal regarding such order 
                under paragraph (4).
            ``(3) Review for reconsideration.--
                    ``(A) In general.--An employer against whom an 
                order is issued under paragraph (1) may request a 
                review for reconsideration with the General Counsel to 
                contest the order.
                    ``(B) Requests.--A request under subparagraph (A) 
                shall be made in writing to the General Counsel not 
                more than 5 days after the issuance of the order.
                    ``(C) Requirements for review.--
                            ``(i) In general.--A review under this 
                        paragraph shall--
                                    ``(I) commence not later than 24 
                                hours after a request is made under 
                                subparagraph (B); and
                                    ``(II) conclude not later than 24 
                                hours after such commencement.
                            ``(ii) Determination.--Not later than 72 
                        hours after a review concludes under clause 
                        (i)(II), the General Counsel shall determine 
                        whether to affirm, modify, or revoke the 
                        contested order.
            ``(4) Hearings and appeals.--Any person aggrieved by a 
        determination of the General Counsel under paragraph (3)(C)(ii) 
        may--
                    ``(A) request a hearing on the merits before an 
                Administrative Law Judge;
                    ``(B) appeal the determination of an Administrative 
                Law Judge under subparagraph (A) to the Board; and
                    ``(C) appeal an order of the Board under 
                subparagraph (B) 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 business, or to the 
                United States Court of Appeals for the District of 
                Columbia.
            ``(5) Temporary relief or restraining order.--The regional 
        director issuing an order under paragraph (1) may seek, in any 
        court described in paragraph (4)(C) against an employer that 
        violates an order issued under paragraph (1), temporary relief 
        or a restraining order to bring the employer into compliance 
        with such order issued under paragraph (1). A court shall issue 
        such temporary relief or restraining order if the regional 
        director has demonstrated it is just and proper.
            ``(6) Successfully disproving occurrence of 
        misclassification.--
                    ``(A) In general.--If an employer with respect to 
                whom an order was issued under paragraph (1) 
                successfully proves through a review under paragraph 
                (3), or a subsequent hearing or appeals proceeding 
                under paragraph (4), that the 1 or more individuals who 
                were the subject of the order were not misclassified in 
                violation of section 8(a)(6)--
                            ``(i) the order issued under paragraph (1) 
                        shall cease to be in effect;
                            ``(ii) the employer shall not be liable for 
                        any applicable back pay, damages, or civil 
                        penalties owed by the employer under this Act 
                        with respect to the misclassification of such 1 
                        or more individuals; and
                            ``(iii) the General Counsel, the 
                        Administrative Law Judge, the Board, or the 
                        court (as applicable) shall award (and the 
                        Secretary of the Treasury shall, in accordance 
                        with subparagraph (B), pay) to the employer 
                        reasonable fees and expenses of attorneys in 
                        the same manner as such fees and expenses could 
                        be awarded under section 2412 of title 28, 
                        United States Code, if the employer was a 
                        prevailing party and the review, hearing, or 
                        appeals proceeding was a civil action brought 
                        by or against the United States.
                    ``(B) Source of funds.--The Secretary of the 
                Treasury shall, upon notification by the General 
                Counsel, the Administrative Law Judge, the Board, or 
                the court, as applicable, pay any fees or expenses 
                awarded under subparagraph (A)(iii) from amounts in the 
                general fund of the Treasury.
    ``(o) Misclassification Enforcement Through Stop Work Orders.--
            ``(1) 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 (n)(1), with respect to 2 or more 
        individuals who are misclassified, within 30 days of being 
        served with the order, the regional director shall issue--
                    ``(A) subject to subparagraph (B), an order against 
                the employer requiring the cessation of all business 
                operations of such employer at the location of the 
                violation; or
                    ``(B) if an order described in subparagraph (A) has 
                been previously issued against the employer by any 
                Federal, State, or local agency for misclassifying an 
                employee as not an employee in violation of section 
                8(a)(6), or an equivalent State or local law as 
                determined by the General Counsel, an order against the 
                employer requiring the cessation of all business 
                operations of such employer at all business locations 
                of the employer, including locations other than the 
                location where the misclassification occurred.
            ``(2) Orders.--
                    ``(A) Applicability.--An order issued under 
                paragraph (1) shall--
                            ``(i) be effective at the time at which the 
                        order is served upon the employer, which may be 
                        accomplished by the posting of a copy of the 
                        order in a conspicuous location at the place of 
                        business of the employer; and
                            ``(ii) remain in effect--
                                    ``(I) during any review under 
                                paragraph (3) with respect to such 
                                order or hearing and appeal of such 
                                order under paragraph (4); and
                                    ``(II) until the regional director 
                                issues a release order under 
                                subparagraph (B).
                    ``(B) Release orders.--
                            ``(i) In general.--An order issued under 
                        paragraph (1) (that is not revoked by the 
                        General Counsel or the Board or held unlawful 
                        or set aside by a court) shall remain in effect 
                        until the regional director issues another 
                        order releasing the order issued under 
                        paragraph (1) upon a finding by the regional 
                        director that the employer--
                                    ``(I) has corrected the violation 
                                of section 8(a)(6) with respect to the 
                                2 or more individuals who were 
                                misclassified resulting in the order; 
                                and
                                    ``(II) has agreed to a payment 
                                schedule for all applicable back pay, 
                                damages, and civil penalties owed by 
                                the employer under this Act.
                            ``(ii) Reinstatement.--If, at any time 
                        after the regional director issues a release 
                        order under clause (i), the employer fails to 
                        comply with the terms of the payment schedule 
                        described in clause (i)(II), the regional 
                        director shall reinstate the order issued under 
                        paragraph (1) until the employer is in 
                        compliance with such terms.
            ``(3) Review for reconsideration.--
                    ``(A) In general.--An employer against whom an 
                order is issued under paragraph (1) may request a 
                review for reconsideration by the General Counsel to 
                contest the order.
                    ``(B) Requests.--A request under subparagraph (A) 
                shall be made in writing to the General Counsel not 
                more than 5 days after the issuance of the order.
                    ``(C) Requirements for review.--
                            ``(i) In general.--A review under this 
                        paragraph shall--
                                    ``(I) commence not later than 24 
                                hours after a request is made under 
                                subparagraph (B); and
                                    ``(II) conclude not later than 24 
                                hours after such commencement.
                            ``(ii) Determination.--Not later than 72 
                        hours after a review concludes under clause 
                        (i)(II), the General Counsel shall determine 
                        whether to affirm, modify, or revoke the 
                        contested order.
            ``(4) Hearings and appeals.--Any person aggrieved by a 
        determination of the General Counsel under paragraph (3)(C)(ii) 
        may--
                    ``(A) request a hearing on the merits before an 
                Administrative Law Judge;
                    ``(B) appeal a determination by an Administrative 
                Law Judge under subparagraph (A) to the Board; and
                    ``(C) appeal an order of the Board under 
                subparagraph (B) 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 business, or to the 
                United States Court of Appeals for the District of 
                Columbia.
            ``(5) Temporary relief or restraining orders.--The regional 
        director may seek, in any court described in paragraph (4)(C) 
        against an employer that violates an order issued under 
        paragraph (1), temporary relief or a restraining order to bring 
        the employer into compliance with such order. A court shall 
        issue such temporary relief or restraining order if the 
        regional director has demonstrated it is just and proper.
            ``(6) Compensation for lost work.--
                    ``(A) In general.--Subject to subparagraph (B), an 
                employer with respect to whom an order is issued under 
                paragraph (1) shall pay each employee of the employer, 
                who loses compensation due to the work of such employee 
                ceasing as a result of such order, the compensation 
                that would be owed to such employee if the order was 
                not issued.
                    ``(B) Limitation.--Compensation paid under 
                subparagraph (A) shall be for each day, not to exceed 
                10 days, for which the employee would be paid if the 
                order described in such subparagraph were not in 
                effect.
            ``(7) Successfully disproving occurrence of 
        misclassification.--
                    ``(A) In general.--In any case where an employer 
                with respect to whom an order was issued under 
                paragraph (1) successfully proves, through a review 
                under paragraph (3) or a subsequent hearing or appeals 
                proceeding under paragraph (4), that the 2 or more 
                individuals who were the subject of the order were not 
                misclassified in violation of section 8(a)(6)--
                            ``(i) the order issued under paragraph (1), 
                        and any order issued against the employer under 
                        subsection (n)(1) with respect to such 2 or 
                        more individuals, shall cease to be in effect;
                            ``(ii) the employer shall not be liable for 
                        any applicable back pay, damages, or civil 
                        penalties owed by the employer under this Act 
                        with respect to the misclassification of such 2 
                        or more individuals; and
                            ``(iii) the General Counsel, the 
                        Administrative Law Judge, the Board, or the 
                        court, as applicable, shall award (and the 
                        Secretary of the Treasury shall, in accordance 
                        with subparagraph (B), pay) to the employer--
                                    ``(I) the amount equal to any 
                                demonstrable lost net profits resulting 
                                from the order, as demonstrated by 
                                clear and convincing evidence; and
                                    ``(II) reasonable fees and expenses 
                                of attorneys in the same manner as such 
                                fees and expenses could be awarded 
                                under section 2412 of title 28, United 
                                States Code, if the employer was a 
                                prevailing party and the review, 
                                hearing, or appeals proceeding was a 
                                civil action brought by or against the 
                                United States.
                    ``(B) Source of funds.--The Secretary of the 
                Treasury shall, upon notification by the General 
                Counsel, the Administrative Law Judge, the Board, or 
                the court, as applicable, pay any amounts, fees, or 
                expenses awarded under subparagraph (A)(iii) from 
                amounts available in the general fund of the 
                Treasury.''.
                    (B) Penalties.--Section 12 of the National Labor 
                Relations Act (29 U.S.C. 162), as amended by paragraph 
                (3)(C), is further amended by adding at the end the 
                following:
    ``(c) Penalties for Violations of Reclassification Orders.--
            ``(1) Civil penalties.--Any person who violates a 
        reclassification order issued by a regional director under 
        section 10(n)(1) shall be subject to a civil penalty of not 
        less than $5,000 per day, with each day constituting a separate 
        offense.
            ``(2) Additional damages.--In any case where an employer 
        contests a reclassification order issued by a regional director 
        under paragraph (1) of section 10(n) in a review under 
        paragraph (3) of such section, a hearing under paragraph (4)(A) 
        of such section, an appeal to the Board under paragraph (4)(B) 
        of such section, and a subsequent judicial proceeding under 
        paragraph (4)(C) of such section and a court rules in favor of 
        the regional director--
                    ``(A) the court shall determine if, during the 
                period between the issuance of the order and the 
                conclusion of the proceeding, the employer violated 
                such order by not classifying the 1 or more individuals 
                as employees during that period; and
                    ``(B) if the court determines the employer so 
                violated the order during that period--
                            ``(i) the court shall determine the amount 
                        of net profits derived by the employer from the 
                        individuals' labor during that period; and
                            ``(ii) the court shall assess damages in 
                        the amount determined under clause (i), which 
                        damages shall be awarded to such individuals by 
                        the court.''.
    (c) Occupational Safety and Health Act of 1970.--
            (1) Strengthening employee test.--Section 3(6) of the 
        Occupational Safety and Health Act of 1970 (29 U.S.C. 652(6)) 
        is amended--
                    (A) by striking ``The term'' and inserting ``(A) 
                The term''; and
                    (B) by adding at the end the following:
            ``(B)(i) For purposes of this Act, including any standard, 
        rule, regulation, or order promulgated pursuant to this Act, 
        except as provided in subparagraphs (C) and (E), 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 person, unless--
                    ``(I) the individual is free from control and 
                direction in connection with the performance of the 
                labor, both under the contract for the performance of 
                the labor and in fact;
                    ``(II) the labor is performed outside the usual 
                course of the business of the person; and
                    ``(III) the individual is customarily engaged in an 
                independently established trade, occupation, 
                profession, or business of the same nature as that 
                involved in the labor performed.
            ``(ii) Clause (i) is not a codification of the common law 
        and shall not be interpreted to reflect, or to be limited or 
        restricted by, common law interpretations regarding when an 
        individual is an employee of another person. Clause (i) shall 
        be considered complete as written, and any judicial or agency 
        interpretation of such clause shall be limited to the explicit 
        requirements of such clause.
            ``(iii) The requirements of clause (i) shall not be in any 
        way affected by any agreement, written or otherwise, that 
        purports to demonstrate an individual's acknowledgment of or 
        acquiescence to the absence of an employer-employee 
        relationship with a particular employer.
            ``(C)(i) Notwithstanding any contrary provisions in this 
        paragraph or paragraph (5), in any instance in which there is a 
        non-compete agreement between a person and an individual who 
        performs labor for such person, the presence of the non-compete 
        agreement, without regard to the legality or enforceability of 
        the non-compete agreement, shall be evidence of control for 
        purposes of subparagraph (B)(i)(I), but shall not by itself 
        establish an employment relationship between such person and 
        the individual.
            ``(ii) In this subparagraph, 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 performing, either during or after the 
        individual performs labor for such person--
                    ``(I) any labor for another person;
                    ``(II) any labor for a specified period of time;
                    ``(III) any labor in a specified geographical area; 
                or
                    ``(IV) any labor for another person that is similar 
                to the labor such individual performed for the person 
                that is a party to such agreement.''.
            (2) Presumption of employee status.--Section 3(6) of the 
        Occupational Safety and Health Act of 1970 (29 U.S.C. 652(6)), 
        as amended by paragraph (1), is further amended by adding at 
        the end the following:
            ``(D) For purposes of this Act, including any standard, 
        rule, regulation, or order promulgated pursuant to this Act, an 
        individual performing any labor for remuneration for a person 
        shall be presumed to be an employee of the person, unless the 
        party seeking to assert otherwise establishes by clear and 
        convincing evidence that the individual is not an employee in 
        accordance with this paragraph.''.
            (3) Misclassification as a standalone violation.--
                    (A) In general.--Section 5(a) of the Occupational 
                Safety and Health Act of 1970 (29 U.S.C. 654(a)) is 
                amended--
                            (i) in paragraph (2), by striking the 
                        period at the end and inserting a semicolon; 
                        and
                            (ii) by adding at the end the following:
            ``(3) shall not misclassify an employee of the employer as 
        not an employee of the employer for purposes of this Act, 
        including any standard, rule, regulation, or order promulgated 
        pursuant to this Act; and''.
                    (B) Incorporation to further violations.--Section 
                5(a) of the Occupational Safety and Health Act of 1970 
                (29 U.S.C. 654(a)), as amended by subparagraph (A), is 
                further amended by adding at the end the following:
            ``(4) shall not, for the purpose, in whole or in part, of 
        facilitating, or evading detection of, a violation of this Act, 
        including a violation of paragraph (3) or any standard, rule, 
        regulation, or order promulgated pursuant to this Act--
                    ``(A) incorporate or form, or assist in the 
                incorporation or formation of, a corporation, 
                partnership, limited liability corporation, or other 
                entity; or
                    ``(B) pay or collect a fee for use of a foreign or 
                domestic corporation, partnership, limited liability 
                corporation, or other entity.''.
                    (C) Penalties.--Section 17 of the Occupational 
                Safety and Health Act of 1970 (29 U.S.C. 666) is 
                amended--
                            (i) by redesignating subsections (j), (k), 
                        and (l) as subsections (o), (p), and (q), 
                        respectively; and
                            (ii) by inserting after subsection (i) the 
                        following:
    ``(j) Civil Penalties for Misclassification or Incorporation To 
Further Violations.--
            ``(1) In general.--Any person who violates paragraph (3) or 
        (4) of section 5(a) shall be subject to a civil penalty of--
                    ``(A) subject to subparagraphs (B) and (C), 
                $10,000;
                    ``(B) if the violation is repeated or willful, 
                $30,000; or
                    ``(C) if the violation is widespread, 1 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 violation.
            ``(2) Repeated, or willful, and widespread violations.--If 
        a violation of paragraph (3) or (4) of section 5(a) is repeated 
        or willful, as described in paragraph (1)(B), and is 
        widespread, as described in paragraph (1)(C), the higher 
        penalty of the penalties described in such paragraphs shall 
        apply.
            ``(3) Payment of penalties.--Any penalty assessed under 
        paragraph (1) for a violation of paragraph (3) or (4) of 
        section 5(a) shall be paid from an account of the person in 
        such violation and not paid, or reimbursed, by any insurance 
        plan that would indemnify the person from violations of such 
        paragraph (3) or (4), respectively. If a person receives a 
        payment from an insurance plan to indemnify the person from a 
        violation of such paragraph, the person shall transfer the 
        payment to the Secretary, in addition to the amount to be paid 
        from the account of the person for the penalty.''.
            (4) Protection from retaliation for being an employee.--
        Section 11(c)(1) of the Occupational Safety and Health Act of 
        1970 (29 U.S.C. 660(c)(1)) is amended--
                    (A) by striking ``because such employee'' and 
                inserting ``because--
                    ``(A) such employee;'';
                    (B) by striking ``afforded by this Act.'' and 
                inserting ``afforded by this Act; or''; and
                    (C) by adding at the end the following:
                    ``(B) such employee--
                            ``(i) is required, pursuant to the 
                        enactment of the Worker Flexibility and Small 
                        Business Protection Act of 2020, to be 
                        classified as an employee of the person for 
                        purposes of this Act, including any standard, 
                        rule, regulation, or order promulgated pursuant 
                        to this Act, and not an independent contractor; 
                        and
                            ``(ii) 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 2020.''.
            (5) Rules regarding unlawful discharge or discrimination.--
        Section 11(c) of the Occupational Safety and Health Act of 1970 
        (29 U.S.C. 660(c)) is amended by adding at the end the 
        following:
            ``(4) Presumption of retaliation.--Any action taken by a 
        person described in paragraph (1)(A) against an employee within 
        90 days of the employee taking any action described in such 
        paragraph, including taking any such action with respect to 
        exercising the right of the employee pursuant to section 
        5(a)(3) to not be misclassified, shall establish a rebuttable 
        presumption that the action is discrimination against the 
        employee in violation of paragraph (1).
            ``(5) Motivating factor.--Unlawful discharge or other 
        discrimination against an employee under paragraph (1) 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 
        discrimination, even if such discharge or other discrimination 
        was also motivated by other factors.''.
            (6) Statutory employers in heavily misclassified 
        industries.--
                    (A) Definition of employer.--Section 3(5) of the 
                Occupational Safety and Health Act of 1970 (29 U.S.C. 
                652(5)) is amended to read as follows:
    ``(5) Employer.--
            ``(A) In general.--The term `employer' means a person 
        engaged in a business affecting commerce who has employees.
            ``(B) Exclusion.--The term `employer' does not include the 
        United States (not including the United States Postal Service) 
        or any State or political subdivision of a State.
            ``(C) Statutory employers in certain industries.--The term 
        `employer' shall include any person (except as provided in 
        subparagraph (B)), with respect to an individual described in 
        paragraph (6)(E) performing labor that is beneficial to the 
        person, that is engaged in any of the following work:
                    ``(i) Transportation, including any person that 
                benefits from labor performed by individuals in the 
                form of transportation in a motorized or unmotorized 
                vehicle, by foot, or by any other means, including 
                transportation network companies, technology platform 
                companies, passenger transportation or food 
                transportation companies, and cargo transportation 
                companies.
                    ``(ii) Network dispatching, 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 labor, but not 
                including any person who owns, controls, or manages--
                            ``(I) 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 owning, controlling, or managing 
                        the neutral marketplace, including such person 
                        having absolutely no role in the setting of 
                        prices or rates, in the assignment or referral 
                        of requests for goods or services to 
                        individuals who could potentially provide such 
                        goods or services, and in the acceptance or 
                        rejection of any requests for goods or 
                        services; and
                            ``(II) a labor organization hiring hall.''.
                    (B) Definition of employee.--Section 3(6) of the 
                Occupational Safety and Health Act of 1970 (29 U.S.C. 
                652(6)), as amended by paragraph (2), is further 
                amended by adding at the end the following:
    ``(E) Notwithstanding subparagraphs (A) and (B) of this paragraph 
or paragraph (5) (other than subparagraph (C) of such paragraph), the 
term `employee', with respect to an employer described in paragraph 
(5)(C), shall include any individual performing labor that is 
beneficial to the employer, including--
            ``(i) with respect to transportation described in clause 
        (i) of such paragraph, any individual who performs any portion 
        of the labor included under such clause, including individuals 
        who perform labor in the form of engaging in transportation 
        beneficial to transportation network companies, technology 
        platform companies, passenger transportation or food 
        transportation companies, or cargo transportation companies; 
        and
            ``(ii) with respect to network dispatching described in 
        clause (ii) of such paragraph, any individual who performs any 
        portion of the labor included under such clause, including 
        providing the services or labor described in such clause to the 
        individuals or entities seeking such services or labor.''.
            (7) Misclassification enforcement through reclassification 
        orders and stop work orders.--
                    (A) In general.--The Occupational Safety and Health 
                Act of 1970 (29 U.S.C. 651 et seq.) is amended by 
                inserting after section 13 (29 U.S.C. 662) the 
                following:

``SEC. 13A. MISCLASSIFICATION ENFORCEMENT THROUGH RECLASSIFICATION 
              ORDERS AND STOP WORK ORDERS.

    ``(a) Reclassification Orders.--
            ``(1) In general.--If the Secretary determines, after an 
        investigation under section 8, that an employer has 
        misclassified 1 or more individuals who are employees of the 
        employer as not employees in violation of section 5(a)(3)--
                    ``(A) the Secretary shall issue, not later than 24 
                hours after making such determination, an order against 
                the employer requiring the employer to immediately 
                classify the 1 or more individuals as employees of the 
                employer; and
                    ``(B) the employer shall immediately comply with 
                the order issued under subparagraph (A) or shall 
                otherwise be in violation of section 5(a)(3).
            ``(2) Orders.--An order issued under paragraph (1) shall--
                    ``(A) be effective at the time at which the order 
                is served upon the employer, which may be accomplished 
                by the posting of a copy of the order in a conspicuous 
                location at the place of business of the employer; and
                    ``(B) remain in effect during any review conducted 
                under paragraph (3) with respect to such order and 
                during any hearing and appeal of such order under 
                paragraph (4).
            ``(3) Review for reconsideration.--
                    ``(A) In general.--An employer against whom an 
                order is issued under paragraph (1) may request a 
                review by the Secretary to contest the order.
                    ``(B) Requests.--A request under subparagraph (A) 
                shall be made in writing to the Secretary not more than 
                5 days after the issuance of the order.
                    ``(C) Requirements for review.--
                            ``(i) In general.--A review under this 
                        paragraph shall--
                                    ``(I) commence not later than 24 
                                hours after a request is made under 
                                subparagraph (B); and
                                    ``(II) conclude not later than 24 
                                hours after such commencement.
                            ``(ii) Determination.--Not later than 72 
                        hours after a review concludes under clause 
                        (i)(II), the Secretary shall determine whether 
                        to affirm, modify, or revoke the contested 
                        order.
            ``(4) Hearings and appeals.--Any person aggrieved by a 
        determination of the Secretary under paragraph (3)(C)(ii) may--
                    ``(A) request a hearing to appeal such 
                determination to an administrative law judge; and
                    ``(B) appeal an order of an administrative law 
                judge under subparagraph (A) 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 office, or in the Court of Appeals for the 
                District of Columbia Circuit.
            ``(5) Appropriate relief.--The Secretary may seek 
        appropriate relief, in a court described in paragraph (4)(B), 
        to restrain any employer that violates an order issued under 
        paragraph (1). A court shall issue such appropriate relief if 
        the Secretary has demonstrated it is just and proper.
            ``(6) Successfully disproving occurrence of 
        misclassification.--
                    ``(A) In general.--If an employer with respect to 
                whom an order was issued under paragraph (1) 
                successfully proves through a review under paragraph 
                (3), or a hearing or appeal under paragraph (4), that 
                the 1 or more individuals who were the subject of the 
                order were not misclassified in violation of section 
                5(a)(3)--
                            ``(i) the order issued under paragraph (1) 
                        shall cease to be in effect;
                            ``(ii) the employer shall not be liable for 
                        any applicable back pay, damages, or civil 
                        penalties owed by the employer under this Act 
                        (including any standard, rule, regulation, or 
                        order promulgated pursuant to this Act) with 
                        respect to the misclassification of such 1 or 
                        more individuals; and
                            ``(iii) the Secretary, administrative law 
                        judge, or the court, as applicable, shall award 
                        (and the Secretary of Labor shall, in 
                        accordance with subparagraph (B), pay) to the 
                        employer reasonable fees and expenses of 
                        attorneys in the same manner as such fees and 
                        expenses could be awarded under section 2412 of 
                        title 28, United States Code, if the employer 
                        was a prevailing party and the review, hearing, 
                        or appeals proceeding was a civil action 
                        brought by or against the United States.
                    ``(B) Source of funds.--The Secretary of the 
                Treasury shall, upon notification by the Secretary of 
                Labor, administrative law judge, or a court, as 
                applicable, pay any fees or expenses awarded under 
                subparagraph (A)(iii) from amounts in the general fund 
                of the Treasury.
    ``(b) Stop Work Orders.--
            ``(1) In general.--In any case where an employer does not 
        comply with a reclassification order issued by the Secretary 
        under subsection (a)(1), with respect to 2 or more individuals 
        who are misclassified, within 30 days of being served with the 
        order, the Secretary shall issue--
                    ``(A) subject to subparagraph (B), an order against 
                the employer requiring the cessation of all business 
                operations of such employer at the location of the 
                violation; or
                    ``(B) if an order described in subparagraph (A) has 
                been previously issued against the employer by any 
                Federal, State, or local agency for misclassifying an 
                employee as not an employee in violation of section 
                5(a)(3), or an equivalent State or local law as 
                determined by the Secretary, an order against the 
                employer requiring the cessation of all business 
                operations of such employer at all business locations 
                of the employer, including locations other than the 
                location where the misclassification occurred.
            ``(2) Orders.--
                    ``(A) Applicability.--An order issued under 
                paragraph (1) shall--
                            ``(i) be effective at the time at which the 
                        order is served upon the employer, which may be 
                        accomplished by the posting of a copy of the 
                        order in a conspicuous location at the place of 
                        business of the employer; and
                            ``(ii) remain in effect--
                                    ``(I) during any review conducted 
                                under paragraph (3) with respect to 
                                such order and any hearing and appeal 
                                of such order under paragraph (4); and
                                    ``(II) until the Secretary issues a 
                                release order under subparagraph (B).
                    ``(B) Release orders.--
                            ``(i) In general.--An order issued under 
                        paragraph (1) (that is not revoked by the 
                        Secretary or held unlawful or set aside by an 
                        administrative law judge or a court) 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--
                                    ``(I) has corrected the violation 
                                of section 5(a)(3) with respect to the 
                                2 or more individuals who were 
                                misclassified resulting in the order; 
                                and
                                    ``(II) has agreed to a payment 
                                schedule for all applicable back pay, 
                                damages, and civil penalties owed by 
                                the employer under this Act, including 
                                any standard, rule, regulation, or 
                                order promulgated pursuant to this Act.
                            ``(ii) Reinstatement.--If, at any time 
                        after the Secretary issues a release order 
                        under subparagraph (A), the employer fails to 
                        comply with the terms of the payment schedule 
                        described in clause (i)(II), the Secretary 
                        shall reinstate the order issued under 
                        paragraph (1) until the employer is in 
                        compliance with such terms.
            ``(3) Review for reconsideration.--
                    ``(A) In general.--An employer against whom an 
                order is issued under paragraph (1) may request a 
                review by the Secretary to contest the order.
                    ``(B) Requests.--A request under subparagraph (A) 
                shall be made in writing to the Secretary not more than 
                5 days after the issuance of the order.
                    ``(C) Requirements for review.--
                            ``(i) In general.--A review under this 
                        paragraph shall--
                                    ``(I) commence not later than 24 
                                hours after a request is made under 
                                subparagraph (B); and
                                    ``(II) conclude not later than 24 
                                hours after such commencement.
                            ``(ii) Determination.--Not later than 72 
                        hours after a review concludes under clause 
                        (i)(II), the Secretary shall determine whether 
                        to affirm, modify, or revoke the contested 
                        order.
            ``(4) Hearings and appeals.--Any person aggrieved by a 
        determination of the Secretary under paragraph (3)(C)(ii) may--
                    ``(A) request a hearing to appeal such 
                determination to an administrative law judge; and
                    ``(B) appeal an order of an administrative law 
                judge under subparagraph (A) 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 office, or in the Court of Appeals for the 
                District of Columbia Circuit.
            ``(5) Appropriate relief.--The Secretary may seek 
        appropriate relief, in a court described in paragraph (4)(B), 
        to restrain any employer that violates an order issued under 
        paragraph (1). A court shall issue such appropriate relief if 
        the Secretary has demonstrated it is just and proper.
            ``(6) Compensation for lost work.--
                    ``(A) In general.--Subject to subparagraph (B), an 
                employer with respect to whom an order is issued under 
                paragraph (1) shall pay each employee of the employer, 
                who loses compensation due to the work of such employee 
                ceasing as a result of such order, the compensation 
                that would be owed to such employee if the order was 
                not issued.
                    ``(B) Limitation.--Compensation paid under 
                subparagraph (A) shall be for each day, not to exceed 
                10 days, for which the employee would be paid if the 
                order described in such paragraph were not in effect.
            ``(7) Successfully disproving occurrence of 
        misclassification.--
                    ``(A) In general.--In any case where an employer 
                with respect to whom an order was issued under 
                paragraph (1) successfully proves, through a review 
                under paragraph (3) or a subsequent hearing or appeals 
                proceeding under paragraph (4), that the 2 or more 
                individuals who were the subject of the order were not 
                misclassified in violation of section 5(a)(3)--
                            ``(i) the order issued under paragraph (1), 
                        and any order issued against the employer under 
                        subsection (a)(1) with respect to such 2 or 
                        more individuals, shall cease to be in effect;
                            ``(ii) the employer shall not be liable for 
                        any applicable back pay, damages, or civil 
                        penalties owed by the employer under this Act 
                        (including any standard, rule, regulation, or 
                        order promulgated pursuant to this Act) with 
                        respect to the misclassification of such 2 or 
                        more individuals; and
                            ``(iii) the Secretary of Labor, 
                        administrative law judge, or the court, shall 
                        award (and the Secretary of the Treasury shall, 
                        in accordance with subparagraph (B), pay) to 
                        the employer--
                                    ``(I) an amount equal to any 
                                demonstrable lost net profits resulting 
                                from the order, as demonstrated by 
                                clear and convincing evidence; and
                                    ``(II) reasonable fees and expenses 
                                of attorneys in the same manner as such 
                                fees and expenses could be awarded 
                                under section 2412 of title 28, United 
                                States Code, if the employer was a 
                                prevailing party and the review, 
                                hearing, or appeals proceeding was a 
                                civil action brought by or against the 
                                United States.
                    ``(B) Source of funds.--The Secretary of the 
                Treasury shall, upon notification by the Secretary of 
                Labor, administrative law judge, or court, as 
                applicable, pay any amounts, fees, or expenses awarded 
                under subparagraph (A)(iii) from amounts available in 
                the general fund of the Treasury.''.
                    (B) Penalties.--Section 17 of the Occupational 
                Safety and Health Act of 1970 (29 U.S.C. 666), as 
                amended by paragraph (3)(C), is further amended by 
                inserting after subsection (j) the following:
    ``(k) Penalties for Violations of Reclassification Orders.--
            ``(1) Civil penalties.--Any person who violates a 
        reclassification order issued by the Secretary under section 
        13A(a)(1) shall be subject to a civil penalty of not less than 
        $5,000 per day, with each day constituting a separate offense.
            ``(2) Additional damages.--In any case where an employer 
        contests a reclassification order issued by the Secretary under 
        paragraph (1) of section 13A(a) in a review under paragraph (3) 
        of such section, hearing under paragraph (4)(A) of such 
        section, and subsequent judicial proceeding under paragraph 
        (4)(B) of such section and a court rules in favor of the 
        Secretary--
                    ``(A) the court shall determine if, during the 
                period between the issuance of the order and the 
                conclusion of the proceeding, the employer violated 
                such order by not classifying the 1 or more individuals 
                as employees during that period; and
                    ``(B) if the court determines the employer so 
                violated the order during that period--
                            ``(i) the court shall determine the amount 
                        of net profits derived by the employer from the 
                        individuals' labor during that period; and
                            ``(ii) the court shall assess damages in 
                        the amount determined under clause (i), which 
                        damages shall be awarded to such individuals by 
                        the court.''.
    (d) Federal Mine Safety and Health Act of 1977.--
            (1) Strengthening employee test.--The Federal Mine Safety 
        and Health Act of 1977 (30 U.S.C. 801 et seq.) is amended by 
        inserting after section 4 (30 U.S.C. 803) the following:

``SEC. 4A. EMPLOYEE TEST.

    ``(a) In General.--For purposes of this Act, including any 
mandatory health or safety standard, rule, order, or regulation 
promulgated pursuant to this Act, and except as provided in subsection 
(c), 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 person, unless--
            ``(1) the individual is free from control and direction in 
        connection with the performance of the labor, both under the 
        contract for the performance of the labor and in fact;
            ``(2) the labor is performed outside the usual course of 
        the business of the person; and
            ``(3) the individual is customarily engaged in an 
        independently established trade, occupation, profession, or 
        business of the same nature as that involved in the labor 
        performed.
    ``(b) Clarifications.--
            ``(1) Relationship with common law.--Subsection (a) is not 
        a codification of the common law and shall not be interpreted 
        to reflect, or to be limited or restricted by, common law 
        interpretations regarding when an individual is an employee of 
        another person. Subsection (a) shall be considered complete as 
        written, and any judicial or agency interpretation of such 
        subsection shall be limited to the explicit requirements of 
        such subsection.
            ``(2) Impact of written or other agreements.--The 
        requirements of subsection (a) shall not be in any way affected 
        by any agreement, written or otherwise, that purports to 
        demonstrate an individual's acknowledgment of or acquiescence 
        to the absence of an employer-employee relationship with a 
        particular employer.
    ``(c) Non-Compete Agreements.--
            ``(1) In general.--Notwithstanding any contrary provisions 
        in this Act, in any instance in which there is a non-compete 
        agreement between a person and an individual who performs labor 
        for such person, the presence of the non-compete agreement, 
        without regard to the legality or enforceability of the non-
        compete agreement, shall be evidence of control for purposes of 
        subsection (a)(1), but shall not by itself establish an 
        employment relationship between such person and the individual.
            ``(2) Definition of non-compete agreement.--In this 
        subsection, 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 performing, either 
        during or after the individual performs labor for such person--
                    ``(A) any labor for another person;
                    ``(B) any labor for a specified period of time;
                    ``(C) any labor in a specified geographical area; 
                or
                    ``(D) any labor for another person that is similar 
                to the labor such individual performed for the person 
                that is a party to such agreement.''.
            (2) Presumption of employee status.--Section 4A of the 
        Federal Mine Safety and Health Act of 1977, as added by 
        paragraph (1), is further amended by adding at the end the 
        following:
    ``(d) Presumption of Employee Status.--For purposes of this Act, 
including any mandatory health or safety standard, rule, order, or 
regulation promulgated pursuant to this Act, 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 person, unless the party seeking 
to assert otherwise establishes by clear and convincing evidence that 
the individual is not an employee in accordance with this section.''.
            (3) Misclassification as a standalone violation.--
                    (A) In general.--Title I of the Federal Mine Safety 
                and Health Act of 1977 (30 U.S.C. 811 et seq.) is 
                amended by adding at the end the following:

``SEC. 117. MISCLASSIFICATION; INCORPORATION TO FURTHER VIOLATIONS.

    ``(a) 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 Act, including any mandatory health or safety 
standard, rule, order, or regulation promulgated pursuant to this 
Act.''.
                    (B) Incorporation to further violations.--Section 
                117 of the Federal Mine Safety and Health Act of 1977, 
                as added by subparagraph (A), is amended by adding at 
                the end the following:
    ``(b) Incorporation To Further Violations.--No person shall, for 
the purpose, in whole or in part, of facilitating, or evading detection 
of, a violation of this Act, including a violation of subsection (a) or 
any mandatory health or safety standard, rule, order, or regulation 
promulgated pursuant to this Act--
            ``(1) incorporate or form, or assist in the incorporation 
        or formation of, a corporation, partnership, limited liability 
        corporation, or other entity; or
            ``(2) pay or collect a fee for use of a foreign or domestic 
        corporation, partnership, limited liability corporation, or 
        other entity.''.
                    (C) Penalties.--Section 110 of the Federal Mine 
                Safety and Health Act of 1977 (30 U.S.C. 820) is 
                amended--
                            (i) by redesignating subsections (i) 
                        through (l) as subsections (l) through (o), 
                        respectively; and
                            (ii) by inserting after subsection (h) the 
                        following:
    ``(i) Penalties for Misclassification and Incorporation To Further 
Violations.--
            ``(1) In general.--Any operator of a coal or other mine who 
        violates section 117 shall be subject to a civil penalty of--
                    ``(A) subject to subparagraphs (B) and (C), 
                $10,000;
                    ``(B) if the violation is repeated or willful, 
                $30,000; or
                    ``(C) if the violation is widespread, 1 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 violation.
            ``(2) Repeated, or willful, and widespread violations.--If 
        a violation of section 117 is repeated or willful, as described 
        in paragraph (1)(B), and is widespread, as described in 
        paragraph (1)(C), the higher penalty of the penalties described 
        in such paragraphs shall apply.
            ``(3) Payment of penalties.--Any penalty assessed under 
        paragraph (1) for a violation of section 117 shall be paid from 
        an account of the operator in such violation and not paid, or 
        reimbursed, by any insurance plan that would indemnify the 
        operator from violations of such section. 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 section, the 
        operator shall transfer the payment to the Secretary, in 
        addition to the amount to be paid from the account of the 
        operator for the penalty.''.
            (4) Protection from retaliation for being an employee.--
        Section 105(c)(1) of the Federal Mine Safety and Health Act of 
        1977 (30 U.S.C. 815(c)(1)) is amended--
                    (A) by striking ``No person'' and inserting ``(A) 
                No person''; and
                    (B) by adding at the end the following:
    ``(B) 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 
miner, or representative of miners, in any coal or other mine subject 
to this Act, because such miner--
            ``(i) is required pursuant to the enactment of the Worker 
        Flexibility and Small Business Protection Act of 2020 to be 
        classified as an employee of the person for purposes of this 
        Act, including any mandatory health or safety standard, rule, 
        order, or regulation promulgated pursuant to this Act, and not 
        as an independent contractor; and
            ``(ii) 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 2020.''.
            (5) Rules regarding unlawful discharge or discrimination.--
        Section 105(c) of the Federal Mine Safety and Health Act of 
        1977 (30 U.S.C. 815(c)) is amended by adding at the end the 
        following:
            ``(4) Presumption of retaliation.--Any action taken by a 
        person described in paragraph (1)(A) against any miner, 
        representative of miners, or applicant for employment in any 
        coal or other mine subject to this Act, within 90 days of the 
        miner, representative, or applicant taking any action described 
        in such paragraph, including taking any such action with 
        respect to exercising the right of an employee pursuant to 
        section 117(a) to not be misclassified, shall establish a 
        rebuttable presumption that the action is discrimination 
        against the miner, representative, or applicant in violation of 
        paragraph (1).
            ``(5) Motivating factor.--Unlawful discharge or 
        discrimination under paragraph (1) against a miner, 
        representative of miners, 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 discrimination, even if such 
        discharge or discrimination was also motivated by other 
        factors.''.
            (6) Misclassification enforcement through reclassification 
        orders and stop work orders.--
                    (A) In general.--The Federal Mine Safety and Health 
                Act of 1977 (30 U.S.C. 801 et seq.) is amended by 
                inserting after section 108 (30 U.S.C. 818) the 
                following:

``SEC. 108A. MISCLASSIFICATION ENFORCEMENT THROUGH RECLASSIFICATION 
              ORDERS AND STOP WORK ORDERS.

    ``(a) Reclassification Orders.--
            ``(1) In general.--If the Secretary determines, after an 
        investigation under section 103, that an operator of a coal or 
        other mine has misclassified 1 or more individuals who are 
        employees performing labor for the operator in a coal or other 
        mine as not employees in violation of section 117(a)--
                    ``(A) the Secretary shall issue, not later than 24 
                hours after making such determination, an order against 
                the operator requiring the operator to immediately 
                classify the 1 or more individuals as employees of the 
                operator; and
                    ``(B) the operator shall immediately comply with 
                the order issued under subparagraph (A) or otherwise be 
                in violation of section 117(a).
            ``(2) Orders.--An order issued under paragraph (1) shall--
                    ``(A) be effective at the time at which the order 
                is served upon the operator, which may be accomplished 
                by the posting of a copy of the order in a conspicuous 
                location at the place of business of the operator; and
                    ``(B) remain in effect during any review conducted 
                under paragraph (3) and during any hearing and appeal 
                of such order under paragraph (4).
            ``(3) Review for reconsideration.--
                    ``(A) In general.--An operator against whom an 
                order is issued under paragraph (1) may request a 
                review by the Secretary to contest the order.
                    ``(B) Requests.--A request under subparagraph (A) 
                shall be made in writing to the Secretary not more than 
                5 days after the issuance of the order.
                    ``(C) Requirements for review.--
                            ``(i) In general.--A review under this 
                        paragraph shall--
                                    ``(I) commence not later than 24 
                                hours after a request is made under 
                                subparagraph (B); and
                                    ``(II) conclude not later than 24 
                                hours after such commencement.
                            ``(ii) Determination.--Not later than 72 
                        hours after a review concludes under clause 
                        (i)(II), the Secretary shall determine whether 
                        to affirm, modify, or revoke the contested 
                        order.
            ``(4) Hearings and appeals.--Any person aggrieved by a 
        determination of the Secretary under paragraph (3)(C)(ii) may--
                    ``(A) request a hearing to appeal such 
                determination to an administrative law judge; and
                    ``(B) appeal an order of an administrative law 
                judge under subparagraph (A) 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 business.
            ``(5) Relief.--The Secretary may seek, in a court 
        (including circuit) described in paragraph (4)(B), relief 
        through a civil action under section 108(a) against any 
        operator of a coal or other mine that violates an order issued 
        under paragraph (1). A court shall issue such relief if the 
        Secretary has demonstrated it is just and proper.
            ``(6) Successfully disproving occurrence of 
        misclassification.--
                    ``(A) In general.--If an operator with respect to 
                whom an order was issued under paragraph (1) 
                successfully proves through a review under paragraph 
                (3), or a hearing or appeal proceeding under paragraph 
                (4), that the 1 or more individuals who were the 
                subject of the order were not misclassified in 
                violation of section 117(a)--
                            ``(i) the order issued under paragraph (1) 
                        shall cease to be in effect;
                            ``(ii) the operator shall not be liable for 
                        any applicable back pay, damages, or civil 
                        penalties owed by the operator under this Act 
                        (including any mandatory health or safety 
                        standard, rule, order, or regulation 
                        promulgated pursuant to this Act) with respect 
                        to the misclassification of such 1 or more 
                        individuals; and
                            ``(iii) the Secretary of Labor, 
                        administrative law judge, or the court, as 
                        applicable, shall award (and the Secretary of 
                        the Treasury shall, in accordance with 
                        subparagraph (B), pay) to the operator 
                        reasonable fees and expenses of attorneys in 
                        the same manner as such fees and expenses could 
                        be awarded under section 2412 of title 28, 
                        United States Code, if the operator was a 
                        prevailing party and the review, hearing, or 
                        appeals proceeding was a civil action brought 
                        by or against the United States.
                    ``(B) Source of funds.--The Secretary of the 
                Treasury shall, upon notification by the Secretary of 
                Labor, administrative law judge, or court, as 
                applicable, pay any fees or expenses awarded under 
                subparagraph (A)(iii) from amounts in the general fund 
                of the Treasury.
    ``(b) Stop Work Orders.--
            ``(1) 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 (a)(1), with respect 
        to 2 or more individuals who are misclassified in violation of 
        section 117(a), within 30 days of being served the order, the 
        Secretary shall issue--
                    ``(A) subject to subparagraph (B), an order against 
                the operator requiring the cessation of all business 
                operations of such operator at the location of the 
                violation; or
                    ``(B) if an order described in subparagraph (A) has 
                been previously issued against the operator by any 
                Federal, State, 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 
                117(a), or an equivalent State or local law as 
                determined by the Secretary, an order against the 
                operator requiring the cessation of all business 
                operations of such operator at all business locations 
                of the operator, including locations other than the 
                location where the misclassification occurred.
            ``(2) Orders.--
                    ``(A) Applicability.--An order issued under 
                paragraph (1) shall--
                            ``(i) be effective at the time at which the 
                        order is served upon the operator, which may be 
                        accomplished by the posting of a copy of the 
                        order in a conspicuous location at the place of 
                        business of the operator; and
                            ``(ii) remain in effect--
                                    ``(I) during any review conducted 
                                under paragraph (3) with respect to 
                                such order and during any hearing and 
                                appeal of such order under paragraph 
                                (4); and
                                    ``(II) until the Secretary issues a 
                                release order under subparagraph (B).
                    ``(B) Release orders.--
                            ``(i) In general.--An order issued under 
                        paragraph (1) (that is not revoked by the 
                        Secretary or held unlawful or set aside by an 
                        administrative law judge or a court) 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--
                                    ``(I) has corrected the violation 
                                of section 117(a) with respect to the 2 
                                or more individuals who were 
                                misclassified resulting in the order; 
                                and
                                    ``(II) has agreed to a payment 
                                schedule for all applicable back pay, 
                                damages, and civil penalties owed by 
                                the operator under this Act, including 
                                any mandatory health or safety 
                                standard, rule, order, or regulation 
                                promulgated pursuant to this Act.
                            ``(ii) Reinstatement.--If, at any time 
                        after the Secretary issues a release order 
                        under paragraph (1), the operator fails to 
                        comply with the terms of the payment schedule 
                        described in clause (i)(II), the Secretary 
                        shall reinstate the order issued under 
                        paragraph (1) until the operator is in 
                        compliance with such terms.
            ``(3) Review for reconsideration.--
                    ``(A) In general.--An operator of a coal or other 
                mine against whom an order is issued under paragraph 
                (1) may request a review by the Secretary to contest 
                the order.
                    ``(B) Requests.--A request under subparagraph (A) 
                shall be made in writing to the Secretary not more than 
                5 days after the issuance of the order.
                    ``(C) Requirements for review.--
                            ``(i) In general.--A review under this 
                        paragraph shall--
                                    ``(I) commence not later than 24 
                                hours after a request is made under 
                                subparagraph (B); and
                                    ``(II) conclude not later than 24 
                                hours after such commencement.
                            ``(ii) Determination.--Not later than 72 
                        hours after a review concludes under clause 
                        (i)(II), the Secretary shall determine whether 
                        to affirm, modify, or revoke the contested 
                        order.
            ``(4) Hearing and appeals.--Any person aggrieved by a 
        determination of the Secretary under paragraph (3)(C)(ii) may--
                    ``(A) appeal such determination to an 
                administrative law judge; and
                    ``(B) appeal an order of an administrative law 
                judge under subparagraph (A) 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 business.
            ``(5) Relief.--The Secretary may seek, in any court 
        (including circuit) described in paragraph (4)(B), relief 
        through a civil action under section 108(a) against any 
        operator of a coal or other mine that violates an order issued 
        under paragraph (1). A court shall issue such relief if the 
        Secretary has demonstrated it is just and proper.
            ``(6) Compensation for lost work.--
                    ``(A) In general.--Subject to subparagraph (B), an 
                operator of a coal or other mine with respect to whom 
                an order is issued under paragraph (1) shall pay each 
                miner who loses compensation due to the work of such 
                miner ceasing as a result of such order, the 
                compensation that would be owed to such miner if the 
                order was not issued.
                    ``(B) Limitation.--Compensation paid under 
                subparagraph (A) shall be for each day, not to exceed 
                10 days, for which the miner would be paid if the order 
                described in such paragraph were not in effect.
            ``(7) Successfully disproving occurrence of 
        misclassification.--
                    ``(A) In general.--In any case where an operator of 
                a coal or other mine with respect to whom an order was 
                issued under paragraph (1) successfully proves through 
                a review under paragraph (3), or a subsequent hearing 
                or appeals proceeding under paragraph (4), that the 2 
                or more individuals who were the subject of the order 
                were not misclassified in violation of section 117(a)--
                            ``(i) the order issued under paragraph (1), 
                        and any order issued against the operator under 
                        subsection (a)(1) with respect to such 2 or 
                        more individuals, shall cease to be in effect;
                            ``(ii) the operator shall not be liable for 
                        any applicable back pay, damages, or civil 
                        penalties owed by the operator under this Act 
                        (including any mandatory health or safety 
                        standard, rule, order, or regulation 
                        promulgated pursuant to this Act) with respect 
                        to the misclassification of such 2 or more 
                        individuals; and
                            ``(iii) the Secretary of Labor, 
                        administrative law judge, or court shall award 
                        (and the Secretary of the Treasury, shall in 
                        accordance with subparagraph (B), pay) to the 
                        operator--
                                    ``(I) an amount equal to any 
                                demonstrable lost net profits resulting 
                                from the order, as demonstrated by 
                                clear and convincing evidence; and
                                    ``(II) reasonable attorney fees and 
                                expenses of attorneys in the same 
                                manner as such fees and expenses could 
                                be awarded under section 2412 of title 
                                28, United States Code, if the operator 
                                was a prevailing party and the review, 
                                hearing, or appeals proceeding was a 
                                civil action brought by or against the 
                                United States.
                    ``(B) Source of funds.--The Secretary of the 
                Treasury shall, upon notification by the Secretary of 
                Labor, administrative law judge, or court, as 
                applicable, pay any amounts, fees, or expenses awarded 
                under subparagraph (A)(iii) from amounts available in 
                the general fund of the Treasury.''.
                    (B) Penalties.--Section 110 of the Federal Mine 
                Safety and Health Act of 1977 (30 U.S.C. 820), as 
                amended by paragraph (3)(C), is further amended by 
                inserting after subsection (i), as so redesignated, the 
                following:
    ``(j) Penalties for Violating Reclassification Orders.--
            ``(1) Civil penalties.--Any operator of a coal or other 
        mine who violates a reclassification order issued by the 
        Secretary under section 108A(a)(1) shall be subject to a civil 
        penalty of not less than $5,000 per day, with each day 
        constituting a separate offense.
            ``(2) Additional damages.--In any case in which an operator 
        of a coal or other mine contests a reclassification order 
        issued under paragraph (1) of section 108A(a) in a review under 
        paragraph (3) of such section, a hearing under paragraph (4)(A) 
        of such section, and a subsequent judicial proceeding under 
        paragraph (4)(B) of such section, and the court rules in favor 
        of the Secretary--
                    ``(A) the court shall determine if, during the 
                period between the issuance of such order and the 
                conclusion of the proceeding, the operator violated 
                such order by not classifying the 1 or more individuals 
                as employees during that period; and
                    ``(B) if the court determines the operator so 
                violated the order during that period--
                            ``(i) the court shall determine the amount 
                        of the net profits derived by the operator from 
                        the individuals' labor during that period; and
                            ``(ii) the court shall assess damages in 
                        the amount determined under clause (i), which 
                        damages shall be awarded to such individuals by 
                        the court.''.
    (e) Migrant and Seasonal Agricultural Worker Protection Act.--
            (1) Strengthening employee test.--The Migrant and Seasonal 
        Agricultural Worker Protection Act (29 U.S.C. 1801 et seq.) is 
        amended--
                    (A) by redesignating section 4 (29 U.S.C. 1803) as 
                section 5; and
                    (B) by inserting after section 3 (29 U.S.C. 1802) 
                the following:

``SEC. 4. EMPLOYEE TEST.

    ``(a) In General.--For purposes of this Act, including any 
regulation under this Act and except as provided in subsection (c), an 
individual performing any service or activity described in section 
3(3), including the handling, planting, drying, packing, packaging, 
processing, freezing, or grading described in such section, for 
remuneration for a person shall be an employee employed in agricultural 
employment by such person and not an independent contractor of the 
person, unless--
            ``(1) the individual is free from control and direction in 
        connection with the performance of the service or activity, 
        both under the contract for the performance of the service or 
        activity and in fact;
            ``(2) the service or activity is performed outside the 
        usual course of the business of the person; and
            ``(3) the individual is customarily engaged in an 
        independently established trade, occupation, profession, or 
        business of the same nature as that involved in the service or 
        activity performed.
    ``(b) Clarification.--
            ``(1) Relationship with common law.--Subsection (a) is not 
        a codification of the common law and shall not be interpreted 
        to reflect, or to be limited or restricted by, common law 
        interpretations regarding when an individual is an employee of 
        another person. Subsection (a) shall be considered complete as 
        written, and any judicial or agency interpretation of such 
        subsection shall be limited to the explicit requirements of 
        such subsection.
            ``(2) Impact of written or other agreements.--The 
        requirements of subsection (a) shall not be in any way affected 
        by any agreement, written or otherwise, that purports to 
        demonstrate an individual's acknowledgment of or acquiescence 
        to the absence of an employer-employee relationship with a 
        particular employer.
    ``(c) Non-Compete Agreements.--
            ``(1) In general.--Notwithstanding any contrary provisions 
        in this Act, in any instance in which there is a non-compete 
        agreement between a person and an individual who performs labor 
        for such person, the presence of the non-compete agreement, 
        without regard to the legality or enforceability of the non-
        compete agreement, shall be evidence of control for purposes of 
        subsection (a)(1), but shall not by itself establish an 
        employment relationship between such person and the individual.
            ``(2) Definition of non-compete agreement.--In this 
        subsection, 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 performing, either 
        during or after the individual performs labor for such person--
                    ``(A) any labor for another person;
                    ``(B) any labor for a specified period of time;
                    ``(C) any labor in a specified geographical area; 
                or
                    ``(D) any labor for another person that is similar 
                to the labor such individual performed for the person 
                that is a party to such agreement.''.
            (2) Presumption of employee status.--Section 4 of the 
        Migrant and Seasonal Agricultural Worker Protection Act, as 
        amended by paragraph (1), is further amended by adding at the 
        end the following:
    ``(d) Presumption of Employee Status.--For purposes of this Act, 
including any regulation under this Act, an individual performing any 
service or activity described in section 3(3), including the handling, 
planting, drying, packing, packaging, processing, freezing, or grading 
described in such section, for remuneration for a person shall be 
presumed to be an employee employed in agricultural employment of the 
person, 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 section.''.
            (3) Misclassification as a standalone violation.--
                    (A) In general.--Title IV of the Migrant and 
                Seasonal Agricultural Worker Protection Act (29 U.S.C. 
                1841 et seq.) is amended by adding at the end the 
                following:

``SEC. 405. MISCLASSIFICATION; INCORPORATION TO FURTHER VIOLATIONS.

    ``(a) In General.--No agricultural employer, agricultural 
association, or farm labor contractor shall misclassify a migrant 
agricultural worker or seasonal agricultural worker employed as an 
employee by the employer, association, or contractor as not a migrant 
agricultural worker or seasonal agricultural worker employed as an 
employee by the employer, association, or contractor for purposes of 
this Act, including any regulation under this Act.''.
                    (B) Incorporation to further violations.--Section 
                405 of the Migrant and Seasonal Agricultural Worker 
                Protection Act, as added by subparagraph (A), is 
                amended by adding at the end the following:
    ``(b) Incorporation To Further Violations.--No person shall, for 
the purpose, in whole or in part, of facilitating, or evading detection 
of, a violation of this Act, including a violation of subsection (a) or 
any regulation under this Act--
            ``(1) incorporate or form, or assist in the incorporation 
        or formation of, a corporation, partnership, limited liability 
        corporation, or other entity; or
            ``(2) pay or collect a fee for use of a foreign or domestic 
        corporation, partnership, limited liability corporation, or 
        other entity.''.
                    (C) Penalties.--Section 503(a) of the Migrant and 
                Seasonal Agricultural Worker Protection Act (29 U.S.C. 
                1853(a)) is amended--
                            (i) in paragraph (1), by striking 
                        ``paragraph (2)'' and inserting ``paragraphs 
                        (2), (3), (4), and (5)''; and
                            (ii) by adding at the end the following:
            ``(3) Penalties for misclassification and incorporation to 
        further violations.--
                    ``(A) In general.--Any person who violates section 
                405 shall be subject to a civil penalty of--
                            ``(i) subject to clauses (ii) and (iii), 
                        $10,000;
                            ``(ii) if the violation is repeated or 
                        willful, $30,000; or
                            ``(iii) if the violation is widespread, 1 
                        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 violation.
                    ``(B) Repeated, or willful, and widespread 
                violations.--If a violation of section 405 is repeated 
                or willful, as described in subparagraph (A)(ii), and 
                is widespread, as described in subparagraph (A)(iii), 
                the higher penalty of the penalties described in such 
                subparagraphs shall apply.
                    ``(C) Payment of penalties.--Any penalty assessed 
                under subparagraph (A) for a violation of section 405 
                shall be paid from an account of the person in such 
                violation and not paid, or reimbursed, by any insurance 
                plan that would indemnify the person from violations of 
                such section. If a person receives a payment from an 
                insurance plan to indemnify the person from a violation 
                of such section, the person shall transfer the payment 
                to the Secretary, in addition to the amount to be paid 
                from the account of the person for the penalty.''.
            (4) Protection from retaliation for being an employee.--
        Part A of title V of the Migrant and Seasonal Agricultural 
        Worker Protection Act (29 U.S.C. 1851 et seq.) is amended--
                    (A) by redesignating sections 505 and 506 (29 
                U.S.C. 1855 and 1856) as sections 506 and 507, 
                respectively; and
                    (B) in section 506(a) (29 U.S.C. 1855(a)), as so 
                redesignated--
                            (i) by striking ``No person'' and inserting 
                        ``(1) No person''; and
                            (ii) by adding at the end the following:
    ``(2) No person shall intimidate, threaten, restrain, coerce, 
blacklist, discharge, or in any manner discriminate against any migrant 
agricultural worker or seasonal agricultural worker because such 
worker--
            ``(A) is required to be classified as employed in 
        agricultural employment by the person for purposes of this Act, 
        including any regulation under this Act, and not as an 
        independent contractor; and
            ``(B) 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 2020.''.
            (5) Rules regarding unlawful discharge or discrimination.--
        Section 506 of the Migrant and Seasonal Agricultural Worker 
        Protection Act (29 U.S.C. 1855), as so redesignated, is amended 
        by adding at the end the following:
    ``(c) Rules Regarding Unlawful Discharge or Discrimination.--
            ``(1) Presumption of retaliation.--Any action taken by a 
        person described in subsection (a)(1) against any migrant 
        agricultural worker or seasonal agricultural worker within 90 
        days of the worker taking any action described in such 
        subsection, including taking any such action with respect to 
        exercising the right pursuant to section 405(a) to not be 
        misclassified, shall establish a rebuttable presumption that 
        the action is discrimination against the worker in violation of 
        subsection (a).
            ``(2) Motivating factor.--Unlawful discrimination, 
        including by intimidation, threat, restraint, coercion, 
        blacklisting, or discharge as described in subsection (a), 
        against a migrant agricultural worker or seasonal agricultural 
        worker under such subsection, 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 discrimination, even if such discrimination was 
        also motivated by other factors.''.
            (6) Misclassification enforcement through reclassification 
        orders and stop work orders.--
                    (A) In general.--Part A of title V of the Migrant 
                and Seasonal Agricultural Worker Protection Act (29 
                U.S.C. 1851 et seq.), as amended by paragraph (5), is 
                further amended by adding at the end the following:

``SEC. 508. MISCLASSIFICATION ENFORCEMENT THROUGH RECLASSIFICATION 
              ORDERS AND STOP WORK ORDERS.

    ``(a) Reclassification Orders.--
            ``(1) In general.--If the Secretary determines, after an 
        investigation under section 512, that an agricultural employer, 
        agricultural association, or farm labor contractor has 
        misclassified 1 or more individuals who are migrant 
        agricultural workers or seasonal agricultural workers employed 
        by the employer, association, or contractor as not such workers 
        employed by such employer, association, or contractor in 
        violation of section 405(a)--
                    ``(A) the Secretary shall issue, not later than 24 
                hours after making such determination, an order against 
                the employer, association, or contractor requiring the 
                employer, association, or contractor to immediately 
                classify the 1 or more individuals as employed by the 
                employer, association, or contractor; and
                    ``(B) the employer, association, or contractor 
                shall immediately comply with the order issued under 
                subparagraph (A) or shall otherwise be in violation of 
                section 405(a).
            ``(2) Orders.--An order issued under paragraph (1) shall--
                    ``(A) be effective at the time at which the order 
                is served upon the employer, association, or 
                contractor, which may be accomplished by the posting of 
                a copy of the order in a conspicuous location at the 
                place of business of the employer, association, or 
                contractor; and
                    ``(B) remain in effect during any review under 
                paragraph (3) with respect to such order and during any 
                hearing and appeal of such order under paragraph (4).
            ``(3) Review for reconsideration.--
                    ``(A) In general.--An agricultural employer, 
                agricultural association, or farm labor contractor 
                against whom an order is issued under paragraph (1) may 
                request a review by the Secretary to contest the order.
                    ``(B) Requests.--A request under subparagraph (A) 
                shall be made in writing to the Secretary not more than 
                5 days after the issuance of the order.
                    ``(C) Requirements for review.--
                            ``(i) In general.--A review under this 
                        paragraph shall--
                                    ``(I) commence not later than 24 
                                hours after a request is made under 
                                subparagraph (B); and
                                    ``(II) conclude not later than 24 
                                hours after such commencement.
                            ``(ii) Determination.--Not later than 72 
                        hours after a review concludes under clause 
                        (i)(II), the Secretary shall determine whether 
                        to affirm, modify, or revoke the contested 
                        order.
            ``(4) Hearings and appeals.--Any person aggrieved by a 
        determination of the Secretary under paragraph (3)(C)(ii) may--
                    ``(A) request a hearing to appeal such 
                determination to an administrative law judge; and
                    ``(B) appeal an order of an administrative law 
                judge under subparagraph (A) 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 Columbia.
            ``(5) Temporary or permanent injunctive relief.--The 
        Secretary may petition any court described in paragraph (4)(B) 
        for temporary or permanent injunctive relief under section 
        502(a) against any agricultural employer, agricultural 
        association, or farm labor contractor that violates an order 
        issued under paragraph (1). A court shall issue such temporary 
        or permanent injunctive relief if the Secretary has 
        demonstrated it is just and proper.
            ``(6) Successfully disproving occurrence of 
        misclassification.--
                    ``(A) In general.--If an agricultural employer, 
                agricultural association, or farm labor contractor with 
                respect to whom an order was issued under paragraph (1) 
                successfully proves through a review under paragraph 
                (3), or a subsequent hearing or appeals proceeding 
                under paragraph (4), that the 1 or more individuals who 
                were the subject of the order were not misclassified in 
                violation of section 405(a)--
                            ``(i) the order issued under paragraph (1) 
                        shall cease to be in effect;
                            ``(ii) the employer, association, or 
                        contractor shall not be liable for any 
                        applicable back pay, damages, or civil 
                        penalties owed by the employer, association, or 
                        contractor under this Act (including any 
                        regulation under this Act) with respect to the 
                        misclassification of such 1 or more 
                        individuals; and
                            ``(iii) the Secretary of Labor, 
                        administrative law judge, or court, as 
                        applicable, shall award (and the Secretary of 
                        the Treasury shall, in accordance with 
                        subparagraph (B), pay) to the employer, 
                        association, or contractor reasonable fees and 
                        expenses of attorneys in the same manner as 
                        such fees and expenses could be awarded under 
                        section 2412 of title 28, United States Code, 
                        if the employer, association, or contractor was 
                        a prevailing party and the review, hearing, or 
                        appeals proceeding was a civil action brought 
                        against the United States.
                    ``(B) Source of funds.--The Secretary of the 
                Treasury shall, upon notification by the Secretary of 
                Labor, administrative law judge, or court, as 
                applicable, pay any fees or expenses awarded under 
                subparagraph (A)(iii) from amounts in the general fund 
                of the Treasury.
    ``(b) Stop Work Orders.--
            ``(1) In general.--In any case where an agricultural 
        employer, agricultural association, or farm labor contractor 
        does not comply with a reclassification order issued by the 
        Secretary under subsection (a)(1), with respect to 2 or more 
        individuals who are misclassified in violation of section 
        405(a), the Secretary shall issue--
                    ``(A) subject to subparagraph (B), an order against 
                the employer, association, or contractor requiring the 
                cessation of all business operations of such employer, 
                association, or contractor at the location of the 
                violation; or
                    ``(B) if an order described in subparagraph (A) has 
                been previously issued against the employer, 
                association, or contractor by any Federal, State, or 
                local agency for misclassifying an individual who is a 
                migrant agricultural worker or seasonal agricultural 
                worker employed as an employee by the employer, 
                association, or contractor as not such an employee in 
                violation of section 405(a), or an equivalent State or 
                local law as determined by the Secretary, an order 
                against the employer, association, or contractor 
                requiring the cessation of all business operations of 
                such employer, association, or contractor at all 
                business locations of the employer, association, or 
                contractor, including locations other than the location 
                where the misclassification occurred.
            ``(2) Orders.--
                    ``(A) Applicability.--An order issued under 
                paragraph (1) shall--
                            ``(i) be effective at the time at which the 
                        order is served upon the employer, association, 
                        or contractor, which may be accomplished by the 
                        posting of a copy of the order in a conspicuous 
                        location at the place of business of the 
                        employer, association, or contractor; and
                            ``(ii) remain in effect--
                                    ``(I) during any review conducted 
                                under paragraph (3) with respect to 
                                such order and during any hearing and 
                                appeal of such order under paragraph 
                                (4); and
                                    ``(II) until the Secretary issues a 
                                release order under subparagraph (B).
                    ``(B) Release orders.--
                            ``(i) In general.--An order issued under 
                        paragraph (1) (that is not revoked by the 
                        Secretary or held unlawful or set aside by an 
                        administrative law judge or a court) 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, association, or contractor--
                                    ``(I) has corrected the violation 
                                of section 405(a) with respect to the 2 
                                or more individuals who were 
                                misclassified resulting in the order; 
                                and
                                    ``(II) has agreed to a payment 
                                schedule for all applicable back pay, 
                                damages, and civil penalties owed by 
                                the employer, association, or 
                                contractor under this Act, including 
                                any regulation under this Act.
                            ``(ii) Reinstatement.--If, at any time 
                        after the Secretary issues a release order 
                        under clause (i), the employer, association, or 
                        contractor fails to comply with the terms of 
                        the payment schedule described in clause 
                        (i)(II), the Secretary shall reinstate the 
                        order issued under paragraph (1) until the 
                        employer, association, or contractor is in 
                        compliance with such terms.
            ``(3) Review for reconsideration.--
                    ``(A) In general.--An agricultural employer, 
                agricultural association, or farm labor contractor 
                against whom an order is issued under paragraph (1) may 
                request a review by the Secretary to contest the order.
                    ``(B) Requests.--A request under subparagraph (A) 
                shall be made in writing to the Secretary not more than 
                5 days after the issuance of the order.
                    ``(C) Requirements for review.--
                            ``(i) In general.--A review under this 
                        paragraph shall--
                                    ``(I) commence not later than 24 
                                hours after a request is made under 
                                subparagraph (B); and
                                    ``(II) conclude not later than 24 
                                hours after such commencement.
                            ``(ii) Determination.--Not later than 72 
                        hours after a review concludes under clause 
                        (i)(II), the Secretary shall determine whether 
                        to affirm, modify, or revoke the contested 
                        order.
            ``(4) Appeals.--Any person aggrieved by a determination of 
        the Secretary under paragraph (3)(C)(ii) may--
                    ``(A) appeal such determination to an 
                administrative law judge; and
                    ``(B) appeal an order of an administrative law 
                judge under subparagraph (A) 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 Columbia.
            ``(5) Temporary or permanent injunctive relief.--The 
        Secretary may petition a court described in paragraph (4)(B) 
        for temporary or permanent injunctive relief under section 
        502(a) against any agricultural employer, agricultural 
        association, or farm labor contractor that violates an order 
        issued under paragraph (1). A court shall issue such temporary 
        or permanent injunctive relief if the Secretary has 
        demonstrated it is just and proper.
            ``(6) Compensation for lost work.--
                    ``(A) In general.--Subject to subparagraph (B), an 
                agricultural employer, agricultural association, or 
                farm labor contractor with respect to whom an order is 
                issued under paragraph (1) shall pay each migrant 
                agricultural worker or seasonal agricultural worker 
                employed by the employer, association, or contractor, 
                who loses compensation due to the work of such worker 
                ceasing as a result of such order, the compensation 
                that would be owed to such worker if the order was not 
                issued.
                    ``(B) Limitation.--Compensation paid under 
                subparagraph (A) shall be for each day, not to exceed 
                10 days, for which the migrant agricultural worker or 
                seasonal agricultural worker would be paid if the order 
                described in such subparagraph were not in effect.
            ``(7) Successfully disproving occurrence of 
        misclassification.--
                    ``(A) In general.--In any case where an 
                agricultural employer, agricultural association, or 
                farm labor contractor with respect to whom an order was 
                issued under paragraph (1) successfully proves through 
                a review under paragraph (3) or a subsequent hearing or 
                appeals proceeding under paragraph (4) that the 2 or 
                more individuals who were the subject of the order were 
                not misclassified in violation of section 405(a)--
                            ``(i) the order issued under paragraph (1), 
                        and any order issued against the employer, 
                        association, or contractor under subsection 
                        (a)(1), with respect to such 2 or more 
                        individuals, shall cease to be in effect;
                            ``(ii) the employer, association, or 
                        contractor shall not be liable for any 
                        applicable back pay, damages, or civil 
                        penalties owed by the employer, association, or 
                        contractor under this Act (including any 
                        regulation under this Act) with respect to the 
                        misclassification of such 2 or more 
                        individuals; and
                            ``(iii) the Secretary of Labor, 
                        administrative law judge, or court shall award 
                        (and the Secretary of the Treasury shall, in 
                        accordance with subparagraph (B), pay) to the 
                        employer, association, or contractor--
                                    ``(I) an amount equal to any 
                                demonstrable lost net profits resulting 
                                from the order, as demonstrated by 
                                clear and convincing evidence; and
                                    ``(II) reasonable fees and expenses 
                                of attorneys in the same manner as such 
                                fees and expenses could be awarded 
                                under section 2412 of title 28, United 
                                States Code, if the employer, 
                                association, or contractor was a 
                                prevailing party and the review, 
                                hearing, or appeals proceeding was a 
                                civil action brought by or against the 
                                United States.
                    ``(B) Source of funds.--The Secretary of the 
                Treasury shall, upon notification by the Secretary of 
                Labor, administrative law judge, or a court, as 
                applicable, pay any amounts, fees, or expenses awarded 
                under subparagraph (A)(iii) from amounts available in 
                the general fund of the Treasury.''.
                    (B) Penalties.--Section 503(a) of the Migrant and 
                Seasonal Agricultural Worker Protection Act (29 U.S.C. 
                1853(a)), as amended by paragraph (3)(C), is further 
                amended by adding at the end the following:
            ``(4) Penalties for violating reclassification orders.--
                    ``(A) Civil penalties.--Any person who violates a 
                reclassification order issued by the Secretary under 
                section 508(a)(1) shall be subject to a civil penalty 
                of not less than $5,000 per day, with each day 
                constituting a separate offense.
                    ``(B) Additional damages.--In any case in which an 
                agricultural employer, agricultural association, or 
                farm labor contractor contests a reclassification order 
                issued under paragraph (1) of section 508(a) in a 
                review under paragraph (3) of such section, a hearing 
                under paragraph (4)(A) of such section, and a 
                subsequent judicial proceeding under paragraph (4)(B) 
                of such section, and the court in such proceeding rules 
                in favor of the Secretary--
                            ``(i) the court shall determine if, during 
                        the period between the issuance of such order 
                        and the conclusion of the proceeding, the 
                        employer, association, or contractor violated 
                        such order by not classifying the 1 or more 
                        individuals as employees employed by the 
                        employer, association, or contractor during 
                        that period; and
                            ``(ii) if the court determines the 
                        employer, association, or contractor so 
                        violated the order during that period--
                                    ``(I) the court shall determine the 
                                amount of net profits derived by the 
                                employer, association, or contractor 
                                from the individuals' labor during that 
                                period; and
                                    ``(II) the court shall assess 
                                damages in the amount determined under 
                                subclause (I), which damages shall be 
                                awarded to such individuals by the 
                                court.''.
    (f) Davis-Bacon Act.--
            (1) Strengthening employee test.--Subchapter IV of chapter 
        31 of title 40, United States Code, is amended by inserting 
        after section 3141 the following:
``Sec. 3141a. Employee test
    ``(a) In General.--For purposes of this subchapter and except as 
provided in subsection (c), 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 contractor, unless--
            ``(1) the laborer or mechanic is free from control and 
        direction in connection with the performance of the labor, both 
        under the contract or subcontract for the performance of the 
        labor and in fact;
            ``(2) the labor is performed outside the usual course of 
        the business of such contractor or subcontractor; and
            ``(3) the laborer or mechanic is customarily engaged in an 
        independently established trade, occupation, profession, or 
        business of the same nature as that involved in the labor 
        performed.
    ``(b) Clarifications.--
            ``(1) Relationship with common law.--Subsection (a) is not 
        a codification of the common law and shall not be interpreted 
        to reflect, or to be limited or restricted by, common law 
        interpretations regarding when an individual is an employee of 
        another person. Subsection (a) shall be considered complete as 
        written, and any judicial or agency interpretation of such 
        subsection shall be limited to the explicit requirements of 
        such subsection.
            ``(2) Impact of written or other agreements.--The 
        requirements of subsection (a) shall not be in any way affected 
        by any agreement, written or otherwise, that purports to 
        demonstrate an individual's acknowledgment of or acquiescence 
        to the absence of an employer-employee relationship with a 
        particular employer.
    ``(c) Non-Compete Agreements.--
            ``(1) In general.--Notwithstanding any contrary provisions 
        in this subchapter, in any instance in which there is a non-
        compete agreement between a person and an individual who 
        performs labor for such person, the presence of the non-compete 
        agreement, without regard to the legality or enforceability of 
        the non-compete agreement, shall be evidence of control for 
        purposes of subsection (a)(1), but shall not by itself 
        establish an employment relationship between such person and 
        the individual.
            ``(2) Definition of non-compete agreement.--In this 
        subsection, 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 performing, either 
        during or after the individual performs labor for such person--
                    ``(A) any labor for another person;
                    ``(B) any labor for a specified period of time;
                    ``(C) any labor in a specified geographical area; 
                or
                    ``(D) any labor for another person that is similar 
                to the labor such individual performed for the person 
                that is a party to such agreement.''.
            (2) Presumption of employee status.--Section 3141a of title 
        40, United States Code, as added by paragraph (1), is amended 
        by adding at the end the following:
    ``(d) Presumption of Employee Status.--For purposes of this 
subchapter, 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 contractor, 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 
section.''.
            (3) Misclassification as a standalone violation; 
        incorporation to further violations.--Subchapter IV of chapter 
        31 of title 40, United States Code, is amended by inserting 
        after section 3144, the following:
``Sec. 3144a. Prohibitions against misclassification, incorporation to 
              further violations, and retaliation; reclassification 
              orders and stop work orders
    ``(a) Misclassification.--No contractor or subcontractor of a 
contract or subcontract to which this subchapter applies shall 
misclassify a laborer or mechanic, who is an employee of the contractor 
or subcontractor and is performing any labor under the contract or 
subcontract, as not an employee of the contractor or subcontractor for 
purposes of this subchapter.
    ``(b) Incorporation To Further Violations.--No contractor or 
subcontractor, for the purpose, in whole or in part, of facilitating, 
or evading detection of, a violation of this subchapter, including a 
violation of subsection (a), shall--
            ``(1) incorporate or form, or assist in the incorporation 
        or formation of, a corporation, partnership, limited liability 
        corporation, or other entity; or
            ``(2) pay or collect a fee for use of a foreign or domestic 
        corporation, partnership, limited liability corporation, or 
        other entity.''.
            (4) Protection from retaliation for being an employee; 
        presumption of retaliation.--Section 3144a of title 40, United 
        States Code, added by paragraph (3), is amended by adding at 
        the end the following:
    ``(c) Retaliation.--
            ``(1) 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 
        subcontract, because--
                    ``(A) such laborer or mechanic has filed any 
                complaint or instituted or caused to be instituted any 
                proceeding under or related to this subchapter, or has 
                testified or is about to testify in any such 
                proceeding, or has served or is about to serve on an 
                industry committee; or
                    ``(B) such laborer or mechanic--
                            ``(i) is required, pursuant to the 
                        enactment of the Worker Flexibility and Small 
                        Business Protection Act of 2020, to be 
                        classified as an employee of the contractor or 
                        subcontractor for purposes of this subchapter 
                        and not an independent contractor; and
                            ``(ii) 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 2020.
            ``(2) Rules regarding unlawful discharge or 
        discrimination.--
                    ``(A) 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 subcontractor, and is performing any labor under the 
                contract or subcontract, within 90 days of the laborer 
                or mechanic taking any action described in paragraph 
                (1)(A), including taking any such action with respect 
                to exercising the right of the laborer or mechanic 
                pursuant to subsection (a) to not be misclassified, 
                shall establish a rebuttable presumption that the 
                action is discrimination against the laborer or 
                mechanic in violation of paragraph (1).
                    ``(B) Motivating factor.--Unlawful discharge or 
                other discrimination against a laborer or mechanic 
                under paragraph (1) 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 
                discrimination, even if such discharge or other 
                discrimination was also motivated by other factors.''.
            (5) Misclassification enforcement through reclassification 
        orders and stop work orders.--Section 3144a of title 40, United 
        States Code, as amended by paragraph (4), is further amended by 
        adding at the end the following:
    ``(d) Misclassification Enforcement Through Reclassification 
Orders.--
            ``(1) In general.--If the Secretary determines that a 
        contractor or subcontractor of a contract or subcontract to 
        which this subchapter applies has misclassified 1 or more 
        laborers or mechanics in violation of subsection (a)--
                    ``(A) the Secretary shall issue, not later than 24 
                hours after making such determination, an order against 
                the contractor or subcontractor requiring the 
                contractor or subcontractor to immediately classify the 
                1 or more laborers or mechanics as employees of the 
                contractor or subcontractor; and
                    ``(B) the contractor or subcontractor shall 
                immediately comply with the order issued under 
                subparagraph (A) or shall otherwise be in violation of 
                subsection (a).
            ``(2) Orders.--An order issued under paragraph (1) shall--
                    ``(A) be effective at the time at which the order 
                is served upon the contractor or subcontractor, 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 subcontractor; and
                    ``(B) remain in effect during any review conducted 
                under paragraph (3) and during any hearing and appeal 
                of such order under paragraph (4).
            ``(3) Review for reconsideration.--
                    ``(A) In general.--A contractor or subcontractor 
                against whom an order is issued under paragraph (1) may 
                request a review by the Secretary to contest the order.
                    ``(B) Requests.--A request under subparagraph (A) 
                shall be made in writing to the Secretary not more than 
                5 days after the issuance of the order.
                    ``(C) Requirements for review.--
                            ``(i) In general.--A hearing under this 
                        paragraph shall--
                                    ``(I) commence not later than 24 
                                hours after a request is made under 
                                subparagraph (B); and
                                    ``(II) conclude not later than 24 
                                hours after such commencement.
                            ``(ii) Determination.--Not later than 72 
                        hours after a review concludes under clause 
                        (i)(II), the Secretary shall determine whether 
                        to affirm, modify, or revoke the contested 
                        order.
            ``(4) Hearings and appeals.--Any person aggrieved by a 
        determination of the Secretary under paragraph (3)(C)(ii) may--
                    ``(A) request a hearing to appeal such 
                determination to an administrative law judge; and
                    ``(B) appeal an order of an administrative law 
                judge under subparagraph (A) to a court of competent 
                jurisdiction.
            ``(5) 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 
        (1). A court shall issue such temporary or permanent injunctive 
        relief if the Secretary has demonstrated it is just and proper.
            ``(6) Successfully disproving occurrence of 
        misclassification.--
                    ``(A) In general.--If a contractor or subcontractor 
                with respect to whom an order was issued under 
                paragraph (1) successfully proves through a review 
                under paragraph (3), or a subsequent hearing or appeals 
                proceeding under paragraph (4), that the 1 or more 
                laborers or mechanics who were the subject of the order 
                were not misclassified in violation of subsection (a)--
                            ``(i) the order issued under paragraph (1) 
                        shall cease to be in effect;
                            ``(ii) the contractor or subcontractor 
                        shall not be liable for any applicable back 
                        pay, damages, or civil penalties owed by the 
                        contractor or subcontractor under this 
                        subchapter with respect to the 
                        misclassification of such 2 or more laborers or 
                        mechanics; and
                            ``(iii) the Secretary of Labor, 
                        administrative law judge, or court, as 
                        applicable, shall award (and the Secretary of 
                        the Treasury shall, in accordance with 
                        subparagraph (B), pay) 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 2412 of 
                        title 28, United States Code, 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 States.
                    ``(B) Source of funds.--The Secretary of the 
                Treasury shall, upon notification by the Secretary of 
                Labor, administrative law judge, or court, as 
                applicable, pay any fees or expenses awarded under 
                subparagraph (A)(iii) from amounts in the general fund 
                of the Treasury.
    ``(e) Misclassification Enforcement Through Stop Work Orders.--
            ``(1) 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 (d)(1), with 
        respect to 2 or more laborers or mechanics who are 
        misclassified in violation of subsection (a), the Secretary 
        shall issue--
                    ``(A) subject to subparagraph (B), an order against 
                the contractor or subcontractor requiring the cessation 
                of all business operations of such contractor or 
                subcontractor at the location of the violation; or
                    ``(B) if an order described in subparagraph (A) has 
                been previously issued against the contractor or 
                subcontractor by any Federal, State, or local agency 
                for misclassifying a laborer or mechanic employed by 
                the contractor or subcontractor and performing any 
                labor under the contract or subcontract, as not an 
                employee of the contractor or subcontractor in 
                violation of subsection (a), or an equivalent State or 
                local law as determined by the Secretary, 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 subcontractor, including locations other 
                than the location where the misclassification occurred.
            ``(2) Orders.--
                    ``(A) Applicability.--An order issued under 
                paragraph (1) shall--
                            ``(i) be effective at the time at which the 
                        order is served upon the contractor or 
                        subcontractor, 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 subcontractor; and
                            ``(ii) remain in effect--
                                    ``(I) during any review conducted 
                                under paragraph (3) with respect to 
                                such order and during any hearing and 
                                appeal of such order under paragraph 
                                (4); and
                                    ``(II) until the Secretary issues a 
                                release order under subparagraph (B).
                    ``(B) Release orders.--
                            ``(i) In general.--An order issued under 
                        paragraph (1) (that is not revoked by the 
                        Secretary or held unlawful or set aside by an 
                        administrative law judge or a court) 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--
                                    ``(I) has corrected the violation 
                                of subsection (a) with respect to the 2 
                                or more laborers or mechanics who were 
                                misclassified resulting in the order; 
                                and
                                    ``(II) has agreed to a payment 
                                schedule for all applicable back pay, 
                                damages, and civil penalties owed by 
                                the contractor or subcontractor under 
                                this subchapter.
                            ``(ii) Reinstatement.--If, at any time 
                        after the Secretary issues a release order 
                        under clause (i), the contractor or 
                        subcontractor fails to comply with the terms of 
                        the payment schedule described in clause 
                        (i)(II), the Secretary shall reinstate the 
                        order issued under paragraph (1) until the 
                        contractor or subcontractor is in compliance 
                        with such terms.
            ``(3) Review for reconsideration.--
                    ``(A) In general.--A contractor or subcontractor 
                against whom an order is issued under paragraph (1) may 
                request a review by the Secretary to contest the order.
                    ``(B) Requests.--A request under subparagraph (A) 
                shall be made in writing to the Secretary not more than 
                5 days after the issuance of the order.
                    ``(C) Requirements for review.--
                            ``(i) In general.--A review under this 
                        paragraph shall--
                                    ``(I) commence not later than 24 
                                hours after a request is made under 
                                subparagraph (B); and
                                    ``(II) conclude not later than 24 
                                hours after such commencement.
                    ``(D) Determination.--Not later than 72 hours after 
                a review concludes under clause (i)(II), the Secretary 
                shall determine whether to affirm, modify, or revoke 
                the contested order.
            ``(4) Hearing and appeals.--Any person aggrieved by a 
        determination of the Secretary under paragraph (3)(C)(ii) may--
                    ``(A) request a hearing to appeal such 
                determination to an administrative law judge; and
                    ``(B) appeal an order of an administrative law 
                judge under subparagraph (A) to a court of competent 
                jurisdiction.
            ``(5) 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 
        (1). A court shall issue such temporary or permanent injunctive 
        relief if the Secretary has demonstrated it is just and proper.
            ``(6) Compensation for lost work.--
                    ``(A) In general.--Subject to subparagraph (B), a 
                contractor or subcontractor with respect to whom an 
                order is issued under paragraph (1) shall pay each 
                laborer or mechanic described in subparagraph (C) the 
                compensation that would be owed to such laborer or 
                mechanic if the order was not issued.
                    ``(B) Limitation.--Compensation paid under 
                subparagraph (A) shall be for each day, not to exceed 
                10 days, for which the laborer or mechanic would be 
                paid if the order described in such subparagraph were 
                not in effect.
                    ``(C) Applicability.--Subparagraph (A) applies to a 
                laborer or mechanic who--
                            ``(i) is an employee of the contractor or 
                        subcontractor against whom an order is issued 
                        under paragraph (1);
                            ``(ii) is performing labor under the 
                        contract or subcontract, respectively, that is 
                        subject to the order; and
                            ``(iii) loses compensation due to the work 
                        of such laborer or mechanic ceasing as a result 
                        of such order.
            ``(7) Successfully disproving occurrence of 
        misclassification.--
                    ``(A) In general.--In any case where a contractor 
                or subcontractor with respect to whom an order was 
                issued under paragraph (1) successfully proves through 
                a review under paragraph (3) or subsequent hearing or 
                appeals proceeding under paragraph (4) that the 2 or 
                more laborers or mechanics who were the subject of the 
                order were not misclassified in violation of subsection 
                (a)--
                            ``(i) the order issued under paragraph (1), 
                        and any order issued against the contractor or 
                        subcontractor under subsection (d)(1) with 
                        respect to such 2 or more laborers or 
                        mechanics, shall cease to be in effect;
                            ``(ii) the contractor or subcontractor 
                        shall not be liable for any applicable back 
                        pay, damages, or civil penalties owed by the 
                        contractor or subcontractor under this 
                        subchapter with respect to the 
                        misclassification of such 2 or more laborers or 
                        mechanics; and
                            ``(iii) the Secretary of Labor, 
                        administrative law judge, or the court shall 
                        award (and the Secretary of the Treasury shall, 
                        in accordance with subparagraph (B), pay) to 
                        the contractor or subcontractor--
                                    ``(I) an amount equal to any 
                                demonstrable lost net profits resulting 
                                from the order, as demonstrated by 
                                clear and convincing evidence; and
                                    ``(II) reasonable fees and expenses 
                                of attorneys in the same manner as such 
                                fees and expenses could be awarded 
                                under section 2412 of title 28, United 
                                States Code, if the contractor or 
                                subcontractor was a prevailing party 
                                and the review, hearing, or appeals 
                                proceeding was a civil action brought 
                                by or against the United States.
                    ``(B) Source of funds.--The Secretary of the 
                Treasury shall, upon notification by the Secretary of 
                Labor, administrative law judge, or court, as 
                applicable, pay any amounts, fees, or expenses awarded 
                under subparagraph (A)(iii) from amounts available in 
                the general fund of the Treasury.''.
            (6) Penalties for violations of new requirements.--
        Subchapter IV of chapter 31 of title 40, United States Code, is 
        amended by inserting after section 3144a, as added by paragraph 
        (3), the following:
``Sec. 3144c. Penalties; expanded liability
    ``(a) Misclassification; Incorporation To Further Violations; 
Retaliation.--
            ``(1) In general.--A contractor or subcontractor that 
        violates subsection (a), (b), or (c) of section 3144a of this 
        title shall be subject to a civil penalty of--
                    ``(A) subject to subparagraphs (B) and (C), 
                $10,000;
                    ``(B) if the violation is repeated or willful, 
                $30,000; or
                    ``(C) if the violation is widespread, 1 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 violation.
            ``(2) Repeated, or willful, and widespread violations.--If 
        the violation of subsection (a), (b), or (c) of section 3144a 
        of this title is repeated or willful, as described in paragraph 
        (1)(B), and is widespread, as described in paragraph (1)(C), 
        the higher amount of the amounts described in such paragraphs 
        shall apply.
            ``(3) Payment of damages.--Any penalty assessed under 
        paragraph (1) for a violation of subsection (a), (b), or (c) of 
        section 3144a of this title shall be paid from an account of 
        the contractor or subcontractor in such violation for the 
        violation and not paid, or reimbursed, by any insurance plan 
        that would indemnify the contractor or subcontractor from 
        violations of such subsection. If a contractor or subcontractor 
        receives a payment from an insurance plan to indemnify the 
        contractor or subcontractor from a violation of such 
        subsection, the contractor or subcontractor shall transfer the 
        payment to the Secretary, in addition to the amount to be paid 
        from the account of the contractor or subcontractor for the 
        penalty.
    ``(b) Misclassification Enforcement Through Reclassification 
Orders.--
            ``(1) Civil penalties.--A contractor or subcontractor that 
        violates a reclassification order issued under section 
        3144a(d)(1) shall be subject to a civil penalty of not less 
        than $5,000 per day, with each day constituting a separate 
        offense.
            ``(2) Additional damages.--In any case in which a 
        contractor or subcontractor contests a reclassification order 
        issued under paragraph (1) of section 3144a(d) in a review 
        under paragraph (3) of such section, a hearing under paragraph 
        (4)(A) of such section, and a subsequent judicial proceeding 
        under paragraph (4)(B) of such section, and the court in such 
        proceeding rules in favor of the Secretary--
                    ``(A) the court shall determine if, during the 
                period between the issuance of such order and the 
                conclusion of the proceeding, the contractor or 
                subcontractor violated such order by not classifying 
                the 1 or more laborer or mechanics as employees during 
                that period; and
                    ``(B) if the court determines the contractor or 
                subcontractor so violated the order during that 
                period--
                            ``(i) 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 period; and
                            ``(ii) the court shall assess damages in 
                        the amount determined under clause (i), which 
                        damages shall be awarded to such individuals by 
                        the court.''.
            (7) Conforming amendments.--The table of sections for 
        subchapter IV of chapter 31 of title 40, United States Code, is 
        amended--
                    (A) by inserting after the item relating to section 
                3141 the following:

``Sec. 3141a. Employee test.'';
                and
                    (B) by inserting after the item relating to section 
                3144 the following:

``Sec. 3144a. Prohibitions against misclassification, incorporation to 
                            further violations, and retaliation; 
                            reclassification orders and stop work 
                            orders.
``Sec. 3144c. Penalties; expanded liability.''.
    (g) Walsh-Healey Public Contracts Act.--
            (1) Strengthening employee test.--Chapter 65 of title 41, 
        United States Code, is amended by inserting after section 6501 
        of such title the following:
``Sec. 6501a. Employee test
    ``(a) In General.--For purposes of this chapter and except as 
provided in subsection (c), an individual performing any labor, with 
respect to the manufacture or furnishing of materials, supplies, 
articles, or equipment, under a contract to which this chapter applies, 
shall be an employee employed by the contractor of such contract and 
not an independent contractor, unless--
            ``(1) the individual is free from control and direction in 
        connection with the performance of the labor, both under the 
        contract for the performance of the labor and in fact;
            ``(2) the labor is performed outside the usual course of 
        the business of such contractor; and
            ``(3) the individual is customarily engaged in an 
        independently established trade, occupation, profession, or 
        business of the same nature as that involved in the labor 
        performed.
    ``(b) Clarifications.--
            ``(1) Relationship with common law.--Subsection (a) is not 
        a codification of the common law and shall not be interpreted 
        to reflect, or to be limited or restricted by, common law 
        interpretations regarding when an individual is an employee of 
        another person. Subsection (a) shall be considered complete as 
        written, and any judicial or agency interpretation of such 
        subsection shall be limited to the explicit requirements of 
        such subsection.
            ``(2) Impact of written or other agreements.--The 
        requirements of subsection (a) shall not be in any way affected 
        by any agreement, written or otherwise, that purports to 
        demonstrate an individual's acknowledgment of or acquiescence 
        to the absence of an employer-employee relationship with a 
        particular employer.
    ``(c) Non-Compete Agreements.--
            ``(1) In general.--Notwithstanding any contrary provisions 
        in this chapter, in any instance in which there is a non-
        compete agreement between a person and an individual who 
        performs labor for such person, the presence of the non-compete 
        agreement, without regard to the legality or enforceability of 
        the non-compete agreement, shall be evidence of control for 
        purposes of subsection (a)(1), but shall not by itself 
        establish an employment relationship between such person and 
        the individual.
            ``(2) Definition of non-compete agreement.--In this 
        subsection, 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 performing, either 
        during or after the individual performs labor for such person--
                    ``(A) any labor for another person;
                    ``(B) any labor for a specified period of time;
                    ``(C) any labor in a specified geographical area; 
                or
                    ``(D) any labor for another person that is similar 
                to the labor such individual performed for the person 
                that is a party to such agreement.''.
            (2) Presumption of employee status.--Section 6501a of title 
        41, United States Code, as added by paragraph (1), is amended 
        by adding at the end the following:
    ``(d) Presumption of Employee Status.--For purposes of this 
chapter, an individual performing any labor, with respect to the 
manufacture or furnishing of materials, supplies, articles, or 
equipment, under a contract to which this chapter applies, 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 section.''.
            (3) Misclassification as a standalone violation.--
                    (A) In general.--Section 6502 of title 41, United 
                States Code, is amended by adding at the end the 
                following:
            ``(5) Misclassification.--The contractor shall not 
        misclassify an individual performing any labor, with respect to 
        the manufacture or furnishing of materials, supplies, articles, 
        or equipment under the contract, who is an employee of the 
        contractor as not such an employee for purposes of this 
        chapter.''.
                    (B) Incorporation to further violations.--Section 
                6502 of title 41, United States Code, as amended by 
                subparagraph (A), is further amended by adding at the 
                end the following:
            ``(6) Incorporation to further violations.--The contractor 
        shall not, for the purpose, in whole or in part, of 
        facilitating, or evading detection of, a violation of this 
        chapter, including a violation of paragraph (5)--
                    ``(A) incorporate or form, or assist in the 
                incorporation or formation of, a corporation, 
                partnership, limited liability corporation, or other 
                entity; or
                    ``(B) pay or collect a fee for use of a foreign or 
                domestic corporation, partnership, limited liability 
                corporation, or other entity.''.
            (4) Protection from retaliation for being an employee; 
        rules regarding unlawful discharge or discrimination.--Section 
        6502 of title 41, United States Code, as amended by paragraph 
        (4), is further amended by adding at the end the following:
            ``(7) Retaliation.--
                    ``(A) 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 materials, supplies, 
                articles, or equipment under the contract, because--
                            ``(i) such individual has filed any 
                        complaint or instituted or caused to be 
                        instituted any proceeding under or related to 
                        this chapter, or has testified or is about to 
                        testify in any such proceeding, or has served 
                        or is about to serve on an industry committee; 
                        or
                            ``(ii) such individual--
                                    ``(I) is required, pursuant to the 
                                enactment of the Worker Flexibility and 
                                Small Business Protection Act of 2020, 
                                to be classified as an employee of the 
                                contractor for purposes of this chapter 
                                and not an independent contractor; and
                                    ``(II) 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 2020.
                    ``(B) Rules regarding unlawful discharge or 
                discrimination.--
                            ``(i) Presumption of retaliation.--Any 
                        action taken against an individual, employed by 
                        the contractor or subcontractor in the 
                        manufacture or furnishing of materials, 
                        supplies, articles, or equipment under the 
                        contract, within 90 days of the individual 
                        taking any action described in subparagraph 
                        (A)(i), including taking any such action with 
                        respect to exercising the right of the 
                        individual pursuant to paragraph (5) to not be 
                        misclassified, shall establish a rebuttable 
                        presumption that the action is discrimination 
                        against the individual in violation of 
                        subparagraph (A).
                            ``(ii) Motivating factor.--Unlawful 
                        discharge or other discrimination against an 
                        employee under subparagraph (A) 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 
                        discrimination, even if such discharge or other 
                        discrimination was also motivated by other 
                        factors.''.
            (5) Misclassification enforcement through reclassification 
        orders and stop work orders.--Chapter 65 of title 41, United 
        States Code, is amended by inserting after section 6506 the 
        following:
``Sec. 6506a. Misclassification enforcement through reclassification 
              orders and stop work orders
    ``(a) Reclassification Orders.--
            ``(1) In general.--If the Secretary determines, after an 
        investigation under section 6506(e), that a contractor of a 
        contract to which this chapter applies has misclassified 1 or 
        more individuals who are employees of the contractor performing 
        any labor, with respect to the manufacture or furnishing of 
        materials, supplies, articles, or equipment, under the 
        contract, as not employees of the contractor, in violation of 
        section 6502(5)--
                    ``(A) the Secretary shall issue, not later than 24 
                hours after making such determination, an order against 
                the contractor requiring the contractor to immediately 
                classify the 1 or more individuals as employees of the 
                contractor; and
                    ``(B) the contractor shall immediately comply with 
                the order issued under subparagraph (A) or shall 
                otherwise be in violation of section 6502(5).
            ``(2) Orders.--An order issued under paragraph (1) shall--
                    ``(A) be effective at the time at which the order 
                is served upon the contractor, 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; and
                    ``(B) remain in effect during any review conducted 
                under paragraph (3) and during any hearing and appeal 
                of such order under paragraph (4).
            ``(3) Review for reconsideration.--
                    ``(A) In general.--A contractor against whom an 
                order is issued under paragraph (1) may request a 
                review by the Secretary to contest the order.
                    ``(B) Requests.--A request under subparagraph (A) 
                shall be made in writing to the Secretary not more than 
                5 days after the issuance of the order.
                    ``(C) Requirements for review.--
                            ``(i) In general.--A review under this 
                        paragraph shall--
                                    ``(I) commence not later than 24 
                                hours after a request is made under 
                                subparagraph (B); and
                                    ``(II) conclude not later than 24 
                                hours after such commencement.
                            ``(ii) Determination.--Not later than 72 
                        hours after a review concludes under clause 
                        (i)(II), the Secretary shall determine whether 
                        to affirm, modify, or revoke the contested 
                        order.
            ``(4) Hearings and appeals.--Any person aggrieved by a 
        determination of the Secretary under paragraph (3)(C)(ii) may--
                    ``(A) request a hearing to appeal such 
                determination to an administrative law judge; and
                    ``(B) appeal an order of an administrative law 
                judge under subparagraph (A) to a court of jurisdiction 
                as described in section 6507(d).
            ``(5) Temporary or permanent injunctive relief.--The 
        Secretary may petition a court of jurisdiction as described in 
        section 6507(d) for temporary or permanent injunctive relief 
        against any contractor that violates an order issued under 
        paragraph (1). A court shall issue such temporary or permanent 
        injunctive relief if the Secretary has demonstrated it is just 
        and proper.
            ``(6) Successfully disproving occurrence of 
        misclassification.--
                    ``(A) In general.--If contractor with respect to 
                whom an order was issued under paragraph (1) 
                successfully proves through a review under paragraph 
                (3), or a subsequent hearing or appeals proceeding 
                under paragraph (4), that the 1 or more individuals who 
                were the subject of the order were not misclassified in 
                violation of section 6502(5)--
                            ``(i) the order issued under paragraph (1) 
                        shall cease to be in effect;
                            ``(ii) the contractor shall not be liable 
                        for any applicable back pay, damages, or civil 
                        penalties owed by the contractor under this 
                        chapter with respect to the misclassification 
                        of such 1 or more individuals; and
                            ``(iii) the Secretary of Labor, 
                        administrative law judge, or the court, as 
                        applicable, shall award (and the Secretary of 
                        the Treasury shall, in accordance with 
                        subparagraph (B), pay) to the contractor 
                        reasonable fees and expenses of attorneys in 
                        the same manner as such fees and expenses could 
                        be awarded under section 2412 of title 28, 
                        United States Code, if the contractor was a 
                        prevailing party and the review, hearing, or 
                        appeals proceeding was a civil action brought 
                        by or against the United States.
                    ``(B) Source of funds.--The Secretary of the 
                Treasury shall, upon notification by the Secretary of 
                Labor, administrative law judge, or court, as 
                applicable, pay any fees or expenses awarded under 
                subparagraph (A)(iii) from amounts in the general fund 
                of the Treasury.
    ``(b) Stop Work Orders.--
            ``(1) In general.--In any case where a contractor does not 
        comply with a reclassification order issued by the Secretary 
        under subsection (a)(1), with respect to 2 or more individuals 
        who are misclassified in violation of section 6502(5), within 
        30 days of being served with the order, the Secretary shall 
        issue--
                    ``(A) subject to subparagraph (B), an order against 
                the contractor requiring the cessation of all business 
                operations of such contractor at the location of the 
                violation; or
                    ``(B) if an order described in subparagraph (A) has 
                been previously issued against the contractor by any 
                Federal, State, or local agency for misclassifying an 
                employee performing any labor, with respect to the 
                manufacture or furnishing of materials, supplies, 
                articles, or equipment under the contract, as not such 
                an employee in violation of section 6502(5), or an 
                equivalent State or local law as determined by the 
                Secretary, an order against the contractor requiring 
                the cessation of all business operations of such 
                contractor at all business locations of the contractor, 
                including locations other than the location where the 
                misclassification occurred.
            ``(2) Orders.--
                    ``(A) Applicability.--An order issued under 
                paragraph (1) shall--
                            ``(i) be effective at the time at which the 
                        order is served upon the contractor, 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; and
                            ``(ii) remain in effect--
                                    ``(I) during any review conducted 
                                under paragraph (3) with respect to 
                                such order and during any hearing and 
                                appeal of such order under paragraph 
                                (4); and
                                    ``(II) until the Secretary issues a 
                                release order under subparagraph (B).
                    ``(B) Release orders.--
                            ``(i) In general.--An order issued under 
                        paragraph (1) (that is not revoked by the 
                        Secretary or held unlawful or set aside by an 
                        administrative law judge or a court) 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--
                                    ``(I) has corrected the violation 
                                of section 6502(5) with respect to the 
                                2 or more individuals who were 
                                misclassified resulting in the order; 
                                and
                                    ``(II) has agreed to a payment 
                                schedule for all applicable back pay, 
                                damages, and civil penalties owed by 
                                the contractor under this chapter.
                            ``(ii) Reinstatement.--If, at any time 
                        after the Secretary issues a release order 
                        under clause (i), the contractor fails to 
                        comply with the terms of the payment schedule 
                        described in clause (i)(II), the Secretary 
                        shall reinstate the order issued under 
                        paragraph (1) until the contractor is in 
                        compliance with such terms.
            ``(3) Review for reconsideration.--
                    ``(A) In general.--A contractor against whom an 
                order is issued under paragraph (1) may request a 
                review by the Secretary to contest the order.
                    ``(B) Requests.--A request under subparagraph (A) 
                shall be made in writing to the Secretary not more than 
                5 days after the issuance of the order.
                    ``(C) Requirements for review.--
                            ``(i) In general.--A review under this 
                        paragraph shall--
                                    ``(I) commence not later than 24 
                                hours after a request is made under 
                                subparagraph (B); and
                                    ``(II) conclude not later than 24 
                                hours after such commencement.
                            ``(ii) Determination.--Not later than 72 
                        hours after a review concludes under clause 
                        (i)(II), the Secretary shall determine whether 
                        to affirm, modify, or revoke the contested 
                        order.
            ``(4) Hearings and appeals.--Any person aggrieved by a 
        determination of the Secretary under paragraph (3)(C)(ii) may--
                    ``(A) request a hearing to appeal such 
                determination to an administrative law judge; and
                    ``(B) appeal an order of an administrative law 
                judge under subparagraph (A) to a court of jurisdiction 
                as described in section 6507(d).
            ``(5) Temporary or permanent injunctive relief.--The 
        Secretary may petition a court of jurisdiction as described in 
        section 6507(d) for temporary or permanent injunctive relief 
        against any contractor that violates an order issued under 
        paragraph (1). A court shall issue such temporary or permanent 
        injunctive relief if the Secretary has demonstrated it is just 
        and proper.
            ``(6) Compensation for lost work.--
                    ``(A) In general.--Subject to subparagraph (B), a 
                contractor with respect to whom an order is issued 
                under paragraph (1) shall pay each employee described 
                in subparagraph (C) the compensation that would be owed 
                to such employee if the order was not issued.
                    ``(B) Limitation.--Compensation paid under 
                subparagraph (A) shall be for each day, not to exceed 
                10 days, for which the employee would be paid if the 
                order described in such paragraph were not in effect.
                    ``(C) Applicable employees.--An employee described 
                in this subparagraph is an individual who--
                            ``(i) is an employee of a contractor 
                        against whom an order is issued under paragraph 
                        (1);
                            ``(ii) performs labor with respect to the 
                        manufacture or furnishing of materials, 
                        supplies, articles, or equipment under the 
                        contract that is subject to the order; and
                            ``(iii) loses compensation due to the work 
                        of such employee ceasing as a result of such 
                        order.
            ``(7) Successfully disproving occurrence of 
        misclassification.--
                    ``(A) In general.--In any case where a contractor 
                with respect to whom an order was issued under 
                paragraph (1) successfully proves through a review 
                under paragraph (3) or a subsequent hearing or appeals 
                proceeding under paragraph (4) that the 2 or more 
                individuals who were the subject of the order were not 
                misclassified in violation of section 6502(5)--
                            ``(i) the order issued under paragraph (1), 
                        and any order issued against the contractor 
                        under subsection (a)(1) with respect to such 2 
                        or more individuals, shall cease to be in 
                        effect;
                            ``(ii) the contractor shall not be liable 
                        for any applicable back pay, damages, or civil 
                        penalties owed by the contractor under this 
                        chapter with respect to the misclassification 
                        of such 2 or more individuals; and
                            ``(iii) the Secretary of Labor, 
                        administrative law judge, or court, as 
                        applicable, shall award (and the Secretary of 
                        the Treasury shall, in accordance with 
                        subparagraph (B), pay) to the contractor--
                                    ``(I) an amount equal to any 
                                demonstrable lost net profits resulting 
                                from the order, as demonstrated by 
                                clear and convincing evidence; and
                                    ``(II) reasonable fees and expenses 
                                of attorneys in the same manner as such 
                                fees and expenses could be awarded 
                                under section 2412 of title 28, United 
                                States Code, if the contractor was a 
                                prevailing party and the review, 
                                hearing, or appeals proceeding was a 
                                civil action brought by or against the 
                                United States.
                    ``(B) Source of funds.--The Secretary of the 
                Treasury shall, upon notification by the Secretary of 
                Labor, administrative law judge, or court, as 
                applicable, pay any amounts, fees, or expenses awarded 
                under subparagraph (A)(iii) from amounts available in 
                the general fund of the Treasury.''.
            (6) Penalties for violations of new requirements.--Chapter 
        65 of title 41, United States Code, as amended by paragraph 
        (5), is further amended by inserting after section 6506a the 
        following:
``Sec. 6506b. Penalties; expanded liability
    ``(a) Misclassification and Incorporation To Further Violations.--
            ``(1) In general.--A contractor that violates paragraph 
        (5), (6), or (7) of section 6502 of this title shall be subject 
        to a civil penalty of--
                    ``(A) subject to subparagraphs (B) and (C), 
                $10,000;
                    ``(B) if the violation is repeated or willful, 
                $30,000; or
                    ``(C) if the violation is widespread, 1 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 violation.
            ``(2) Repeated, or willful, and widespread violations.--If 
        the violation of paragraph (5), (6), or (7) of section 6502 of 
        this title is repeated or willful, as described in paragraph 
        (1)(B), and is widespread, as described in paragraph (1)(C), 
        the higher amount of the amounts described in such paragraphs 
        shall apply.
            ``(3) Payment of damages.--Any penalty assessed under 
        paragraph (1) for a violation of paragraph (5), (6), or (7) of 
        section 6502 of this title shall be paid from an account of the 
        contractor in such violation and not paid, or reimbursed, by 
        any insurance plan that would indemnify the contractor from 
        violations of such paragraph (5), (6), or (7). If a contractor 
        receives a payment from an insurance plan to indemnify the 
        contractor from a violation of such paragraph (5), (6), or (7), 
        the contractor shall transfer the payment to the Secretary, in 
        addition to the amount to be paid from the account of the 
        contractor for the penalty.
    ``(b) Reclassification Orders.--
            ``(1) Civil penalties.--A contractor that violates a 
        reclassification order issued under section 6506a(a)(1) shall 
        be subject to a civil penalty in an amount not less than $5,000 
        per day, with each day constituting a separate offense.
            ``(2) Additional damages.--In any case in which a 
        contractor contests a reclassification order issued under 
        paragraph (1) of section 6506a(a) in a review under paragraph 
        (3) of such section, a hearing under paragraph (4)(A) of such 
        section, and a subsequent judicial proceeding under paragraph 
        (4)(B) of such section, and the court in such proceeding rules 
        in favor of the Secretary--
                    ``(A) the court shall determine if, during the 
                period between the issuance of such order and the 
                conclusion of the proceeding, the contractor violated 
                such order by not classifying the 1 or more individuals 
                as employees during that period; and
                    ``(B) if the court determines the contractor so 
                violated the order during that period--
                            ``(i) the court shall determine the amount 
                        of net profits derived by the contractor from 
                        the individuals' labor during that period; and
                            ``(ii) the court shall assess damages in 
                        the amount determined under clause (i), which 
                        damages shall be awarded to such individuals by 
                        the court.''.
            (7) Conforming amendments.--The table of sections for 
        chapter 65 of title 41, United States Code, is amended--
                    (A) by inserting after the item relating to section 
                6501 the following:

``Sec. 6501a. Employee test.'';
                and
                    (B) by inserting after the item relating to section 
                6506 the following:

``Sec. 6506a. Misclassification enforcement through reclassification 
                            orders and stop work orders.
``Sec. 6506b. Penalties; expanded liability.''.
    (h) Family and Medical Leave Act of 1993.--
            (1) Misclassification as a standalone violation.--
                    (A) In general.--Section 105 of the Family and 
                Medical Leave Act of 1993 (29 U.S.C. 2615) is amended 
                by adding at the end the following:
    ``(c) 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 title.''.
                    (B) Incorporation to further violations.--Section 
                105 of the Family and Medical Leave Act of 1993 (29 
                U.S.C. 2615), as amended by subparagraph (A), is 
                further amended by adding at the end the following:
    ``(d) Incorporation To Further Violations.--It shall be unlawful 
for any employer to, for the purpose, in whole or in part, of 
facilitating, or evading detection of, a violation of this title, 
including a violation of subsection (c)--
            ``(1) incorporate or form, or assist in the incorporation 
        or formation of, a corporation, partnership, limited liability 
        corporation, or other entity; or
            ``(2) pay or collect a fee for use of a foreign or domestic 
        corporation, partnership, limited liability corporation, or 
        other entity.''.
                    (C) Penalties.--Section 107(b) of the Family and 
                Medical Leave Act of 1993 (29 U.S.C. 2617(b)) is 
                amended by adding at the end the following:
            ``(4) Penalties for misclassification and incorporation to 
        further violations.--
                    ``(A) In general.--Any employer who violates 
                subsection (c) or (d) of section 105 shall be subject 
                to a civil penalty of--
                            ``(i) subject to clauses (ii) and (iii), 
                        $10,000;
                            ``(ii) if the violation is repeated or 
                        willful, $30,000; or
                            ``(iii) if the violation is widespread, 1 
                        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 violation.
                    ``(B) Repeated, or willful, and widespread 
                violations.--If a violation of subsection (c) or (d) of 
                section 105 is repeated or willful, as described in 
                subparagraph (A)(ii), and is widespread, as described 
                in subparagraph (A)(iii), the higher penalty of the 
                penalties described in such subparagraphs shall apply.
                    ``(C) Payment of penalties.--Any penalty assessed 
                under subparagraph (A) for a violation of subsection 
                (c) or (d) of section 105 shall be paid from an account 
                of the employer in such violation and not paid, or 
                reimbursed, by any insurance plan that would indemnify 
                the employer from violations of such subsection (c) or 
                (d), respectively. If an employer receives a payment 
                from an insurance plan to indemnify the employer from a 
                violation of such subsection, the employer shall 
                transfer the payment to the Secretary, in addition to 
                the amount to be paid from the account of the employer 
                for the penalty.''.
            (2) Protection from retaliation for being an employee; 
        presumption of retaliation.--Section 105(b) of the Family and 
        Medical Leave Act of 1993 (29 U.S.C. 2615(b)) is amended--
                    (A) by redesignating paragraphs (1) through (3) as 
                subparagraphs (A) through (C), respectively, and 
                indenting appropriately;
                    (B) by striking ``It shall'' and inserting the 
                following:
            ``(1) In general.--It shall'';
                    (C) in subparagraph (B), as so redesignated, by 
                striking ``; or'' and inserting a semicolon;
                    (D) in subparagraph (C), as so redesignated, by 
                striking the period at the end and inserting ``; or''; 
                and
                    (E) by adding at the end the following:
                    ``(D)(i) is required, pursuant to the enactment of 
                the Worker Flexibility and Small Business Protection 
                Act of 2020, to be classified as an employee of the 
                person for purposes of this title and not an 
                independent contractor; and
                    ``(ii) 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 2020.
            ``(2) Rules regarding unlawful discharge or 
        discrimination.--
                    ``(A) Presumption of retaliation.--Any action taken 
                against an individual within 90 days of the individual 
                taking any action described in any of subparagraph (A), 
                (B), or (C) of paragraph (1), including taking any such 
                action with respect to exercising the right of an 
                employee pursuant to subsection (c) to not be 
                misclassified, shall establish a rebuttable presumption 
                that the action is discrimination against the 
                individual in violation of paragraph (1).
                    ``(B) Motivating factor.--Unlawful discharge or 
                other discrimination against an employee under 
                paragraph (1) 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 
                discrimination, even if such discharge or other 
                discrimination was also motivated by other factors.''.
            (3) Statutory employers in heavily misclassifying 
        industries.--Section 101(4) of the Family and Medical Leave Act 
        of 1993 (29 U.S.C. 2611(4)) is amended by adding at the end the 
        following:
                    ``(C) Statutory employers in heavily misclassifying 
                industries.--The term `employer' shall include any 
                person who--
                            ``(i) is described in subparagraph (A)(i); 
                        and
                            ``(ii) is described in section 3(d)(4) of 
                        the Fair Labor Standards Act of 1938 (29 U.S.C. 
                        203(d)(4)).''.
            (4) Misclassification enforcement through stop work 
        orders.--
                    (A) In general.--Title I of the Family and Medical 
                Leave Act of 1993 (29 U.S.C. 2611 et seq.) is amended 
                by inserting after section 107 (29 U.S.C. 2617) the 
                following:

``SEC. 107A. MISCLASSIFICATION ENFORCEMENT THROUGH RECLASSIFICATION 
              ORDERS AND STOP WORK ORDERS.

    ``(a) Reclassification Orders.--
            ``(1) In general.--If the Secretary determines, after an 
        investigation under section 106, that an employer has 
        misclassified 1 or more individuals who are eligible employees 
        of the employer as not employees in violation of section 
        105(c)--
                    ``(A) the Secretary shall issue, not later than 24 
                hours after making such determination, an order against 
                the employer requiring the employer to immediately 
                classify the 1 or more individuals as eligible 
                employees of the employer; and
                    ``(B) the employer shall immediately comply with 
                the order issued under subparagraph (A) or shall 
                otherwise be in violation of section 105(c).
            ``(2) Orders.--An order issued under paragraph (1) shall--
                    ``(A) be effective at the time at which the order 
                is served upon the employer, which may be accomplished 
                by the posting of a copy of the order in a conspicuous 
                location at the place of business of the employer; and
                    ``(B) remain in effect during any review conducted 
                under paragraph (3) with respect to such order and 
                during any hearing and appeal of such order under 
                paragraph (4).
            ``(3) Review for reconsideration.--
                    ``(A) In general.--An employer against whom an 
                order is issued under paragraph (1) may request a 
                review by the Secretary to contest the order.
                    ``(B) Requests.--A request under subparagraph (A) 
                shall be made in writing to the Secretary not more than 
                5 days after the issuance of the order.
                    ``(C) Requirements for review.--
                            ``(i) In general.--A review under this 
                        paragraph shall--
                                    ``(I) commence not later than 24 
                                hours after a request is made under 
                                subparagraph (B); and
                                    ``(II) conclude not later than 24 
                                hours after such commencement.
                            ``(ii) Determination.--Not later than 72 
                        hours after a review concludes under clause 
                        (i)(II), the Secretary shall determine whether 
                        to affirm, modify, or revoke the contested 
                        order.
            ``(4) Hearings and appeals.--Any person aggrieved by a 
        determination of the Secretary under paragraph (3)(C)(ii) may--
                    ``(A) request a hearing to appeal such 
                determination to an administrative law judge; and
                    ``(B) appeal an order of an administrative law 
                judge under subparagraph (A) to any Federal or State 
                court of competent jurisdiction.
            ``(5) Action for injunction.--The Secretary may petition 
        any district court of the United States to restrain a violation 
        of an order issued under paragraph (1). A court shall issue 
        such relief if the Secretary has demonstrated it is just and 
        proper.
            ``(6) Successfully disproving occurrence of 
        misclassification.--
                    ``(A) In general.--If an employer with respect to 
                whom an order was issued under paragraph (1) 
                successfully proves through a review under paragraph 
                (3), or a subsequent hearing or appeals proceeding 
                under paragraph (4), that the 1 or more individuals who 
                were the subject of the order were not misclassified in 
                violation of section 105(c)--
                            ``(i) the order issued under paragraph (1) 
                        shall cease to be in effect;
                            ``(ii) the employer shall not be liable for 
                        any applicable back pay, damages, or civil 
                        penalties owed by the employer under this title 
                        with respect to the misclassification of such 2 
                        or more individuals; and
                            ``(iii) the Secretary of Labor, 
                        administrative law judge, or court, as 
                        applicable, shall award (and the Secretary of 
                        the Treasury shall, in accordance with 
                        subparagraph (B), pay) to the employer 
                        reasonable fees and expenses of attorneys in 
                        the same manner as such fees and expenses could 
                        be awarded under section 2412 of title 28, 
                        United States Code, if the employer was a 
                        prevailing party and the review, hearing, or 
                        appeals proceeding was a civil action brought 
                        by or against the United States.
                    ``(B) Source of funds.--The Secretary of the 
                Treasury shall, upon notification by the Secretary of 
                Labor, administrative law judge, or court, as 
                applicable, pay any fees or expenses awarded under 
                subparagraph (A)(iii) from amounts in the general fund 
                of the Treasury.
    ``(b) Stop Work Orders.--
            ``(1) In general.--In any case where an employer does not 
        comply with a reclassification order issued by the Secretary 
        under subsection (a)(1), with respect to 2 or more individuals 
        who are misclassified in violation of section 105(c), within 30 
        days of being served the order, the Secretary shall issue--
                    ``(A) subject to subparagraph (B), an order against 
                the employer requiring the cessation of all business 
                operations of such employer at the location of the 
                violation; or
                    ``(B) if an order described in subparagraph (A) has 
                been previously issued against the employer by any 
                Federal, State, or local agency for misclassifying an 
                eligible employee as not an employee in violation of 
                section 105(c), or an equivalent State or local law as 
                determined by the Secretary, an order against the 
                employer requiring the cessation of all business 
                operations of such employer at all business locations 
                of the employer, including locations other than the 
                location where the misclassification occurred.
            ``(2) Orders.--
                    ``(A) Applicability.--An order issued under 
                paragraph (1) shall--
                            ``(i) be effective at the time at which the 
                        order is served upon the employer, which may be 
                        accomplished by the posting of a copy of the 
                        order in a conspicuous location at the place of 
                        business of the employer; and
                            ``(ii) remain in effect--
                                    ``(I) during any review conducted 
                                under paragraph (3) with respect to 
                                such order and during any hearing and 
                                appeal of such order under paragraph 
                                (4); and
                                    ``(II) until the Secretary issues a 
                                release order under subparagraph (B).
                    ``(B) Release orders.--
                            ``(i) In general.--An order issued under 
                        paragraph (1) (that is not revoked by the 
                        Secretary or held unlawful or set aside by an 
                        administrative law judge or a court) 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--
                                    ``(I) has corrected the violation 
                                of section 105(c) with respect to the 2 
                                or more individuals who were 
                                misclassified resulting in the order; 
                                and
                                    ``(II) has agreed to a payment 
                                schedule for all applicable back pay, 
                                damages, and civil penalties owed by 
                                the employer under this title.
                            ``(ii) Reinstatement.--If, at any time 
                        after the Secretary issues a release order 
                        under clause (i), the employer fails to comply 
                        with the terms of the payment schedule 
                        described in clause (i)(II), the Secretary 
                        shall reinstate the order issued under 
                        paragraph (1) until the employer is in 
                        compliance with such terms.
            ``(3) Review for reconsideration.--
                    ``(A) In general.--An employer against whom an 
                order is issued under paragraph (1) may request a 
                review by the Secretary to contest the order.
                    ``(B) Requests.--A request under subparagraph (A) 
                shall be made in writing to the Secretary not more than 
                5 days after the issuance of the order.
                    ``(C) Requirements for review.--
                            ``(i) In general.--A review under this 
                        paragraph shall--
                                    ``(I) commence not later than 24 
                                hours after a request is made under 
                                subparagraph (B); and
                                    ``(II) conclude not later than 24 
                                hours after such commencement.
                            ``(ii) Determination.--Not later than 72 
                        hours after a review concludes under clause 
                        (i)(II), the Secretary shall determine whether 
                        to affirm, modify, or revoke the contested 
                        order.
            ``(4) Hearing and appeals.--Any person aggrieved by a 
        determination of the Secretary under paragraph (3)(C)(ii) may--
                    ``(A) request a hearing to appeal such 
                determination to an administrative law judge; and
                    ``(B) appeal an order of an administrative law 
                judge under subparagraph (A) to any Federal or State 
                court of competent jurisdiction.
            ``(5) Action for injunction.--The Secretary may petition 
        any district court of the United States to restrain a violation 
        of an order issued under paragraph (1). A court shall issue 
        such relief if the Secretary has demonstrated it is just and 
        proper.
            ``(6) Compensation for lost work.--
                    ``(A) In general.--Subject to subparagraph (B), an 
                employer with respect to whom an order is issued under 
                paragraph (1) shall pay each eligible employee of the 
                employer who loses compensation due to the work of such 
                employee ceasing as a result of such order, the 
                compensation that would be owed to such employee if the 
                order was not issued.
                    ``(B) Limitation.--Compensation paid under 
                subparagraph (A) shall be for each day, not to exceed 
                10 days, for which the eligible employee would be paid 
                if the order described in such subparagraph were not in 
                effect.
            ``(7) Successfully disproving occurrence of 
        misclassification.--
                    ``(A) In general.--In any case where an employer 
                with respect to whom an order was issued under 
                paragraph (1) successfully proves through a review 
                under paragraph (3), or a subsequent hearing or appeals 
                proceeding under paragraph (4), that the 2 or more 
                individuals who were the subject of the order were not 
                misclassified in violation of section 105(c)--
                            ``(i) the order issued under paragraph (1), 
                        and any order issued against the employer under 
                        subsection (a)(1) with respect to such 2 or 
                        more individuals, shall cease to be in effect;
                            ``(ii) the employer shall not be liable for 
                        any applicable back pay, damages, or civil 
                        penalties owed by the employer under this title 
                        with respect to the misclassification of such 2 
                        or more individuals; and
                            ``(iii) the Secretary of Labor, 
                        administrative law judge, or court, as 
                        applicable, shall award (and the Secretary of 
                        the Treasury shall, in accordance with 
                        subparagraph (B), pay) to the employer--
                                    ``(I) an amount equal to any 
                                demonstrable lost net profits resulting 
                                from the order, as demonstrated by 
                                clear and convincing evidence; and
                                    ``(II) reasonable fees and expenses 
                                of attorneys in the same manner as such 
                                fees and expenses could be awarded 
                                under section 2412 of title 28, United 
                                States Code, if the employer was a 
                                prevailing party and the review, 
                                hearing, or appeals proceeding was a 
                                civil action brought by or against the 
                                United States.
                    ``(B) Source of funds.--The Secretary of the 
                Treasury shall, upon notification by the Secretary of 
                Labor, administrative law judge, or court, as 
                applicable, pay any amounts, fees, or expenses awarded 
                under subparagraph (A)(iii) from amounts available in 
                the general fund of the Treasury.''.
                    (B) Penalties.--Section 107(b) of the Family and 
                Medical Leave Act of 1993 (29 U.S.C. 2617(b)), as 
                amended by paragraph (1)(C), is further amended by 
                adding at the end the following:
            ``(5) Penalties for violations of reclassification 
        orders.--
                    ``(A) Civil penalties.--Any employer who violates a 
                reclassification order issued by the Secretary under 
                section 107A(a)(1) shall be subject to a civil penalty 
                of not less than $5,000 per day, with each day 
                constituting a separate offense.
                    ``(B) Additional damages.--In any case in which an 
                employer contests a reclassification order issued under 
                paragraph (1) of section 107A(a) in a review under 
                paragraph (3) of such section, a hearing under 
                paragraph (4)(A) of such section, and a subsequent 
                judicial proceeding under paragraph (4)(B) of such 
                section, and the court in such proceeding rules in 
                favor of the Secretary--
                            ``(i) the court shall determine if, during 
                        the period between the issuance of such order 
                        and the conclusion of the proceeding, the 
                        employer violated such order by not classifying 
                        the 1 or more individuals as eligible employees 
                        during that period; and
                            ``(ii) if the court determines the employer 
                        so violated the order during that period--
                                    ``(I) the court shall determine the 
                                amount of net profits derived by the 
                                employer from the individuals' labor 
                                during that period; and
                                    ``(II) the court shall assess 
                                damages in the amount determined under 
                                subclause (I), which damages shall be 
                                awarded to such individuals by the 
                                court.''.
    (i) Federal Unemployment Tax Act (FUTA).--
            (1) In general.--Section 3306 of the Internal Revenue Code 
        of 1986 is amended by adding at the end the following new 
        subsection:
    ``(w) Special Rules for Purposes of Defining Employer and 
Employee.--In defining employer and employee for purposes of this 
chapter, such definitions shall comply with the following:
            ``(1) Paragraph (4) of section 3(d) of the Fair Labor 
        Standards Act of 1938.
            ``(2) Paragraphs (6), (7), (8), and (9) of section 3(e) of 
        such Act.''.
            (2) Effective date.--The amendments made by paragraph (1) 
        shall apply to services rendered on or after January 1, 2022.

 TITLE II--SMALL BUSINESS PROTECTION THROUGH SHARED RESPONSIBILITY FOR 
                            WORKERS' RIGHTS

SEC. 201. GENERAL SHARED RESPONSIBILITY FOR WORKERS' RIGHTS.

    (a) Fair Labor Standards Act of 1938.--Section 3(d) of the Fair 
Labor Standards Act of 1938 (29 U.S.C. 203(d)), as amended by section 
102(a)(6)(A), is further amended by adding at the end the following:
            ``(5) Multiple employers.--
                    ``(A) Rule of interpretation.--This paragraph--
                            ``(i) is to be read as an addition to, and 
                        an augmentation and expansion of, all relevant 
                        judicial and agency interpretations in 
                        existence on the date of enactment of the 
                        Worker Flexibility and Small Business 
                        Protection Act of 2020 regarding which persons 
                        qualify as employers in relation to a given 
                        employee under this Act, including in a 
                        multiple employer or joint employment 
                        structure;
                            ``(ii) shall not be interpreted by any 
                        court or agency as a restriction on, or 
                        narrowing of, any such interpretations; and
                            ``(iii) is not a codification of the common 
                        law and shall not be interpreted to reflect, or 
                        to be limited or restricted by, common law 
                        interpretations regarding whether a person is 
                        an employer of a given employee or whether 
                        multiple persons are employers of a given 
                        employee.
                    ``(B) In general.--Two or more persons shall be 
                employers with respect to an employee if each such 
                person individually, acting directly or indirectly, is 
                an employer of the employee, based on and in accordance 
                with the meaning given the term `employer' under 
                paragraphs (1), (2), and (3) of this subsection, the 
                definition of `employee' under subsection (e), and the 
                definition of `employ' under subsection (g).
                    ``(C) Additional multiple employer 
                determinations.--Notwithstanding subparagraph (B), 2 or 
                more persons shall be employers, acting directly or 
                indirectly, with respect to an employee if--
                            ``(i) each such person directly or 
                        indirectly benefits or seeks to directly or 
                        indirectly benefit from the performance of 
                        labor by an employee; and
                            ``(ii)(I) each such person exerts actual 
                        direction or control, directly or indirectly, 
                        over any material term or condition of 
                        employment of the employee, including through 
                        an intermediary;
                            ``(II) each such person exerts functional 
                        direction or control, directly or indirectly, 
                        over any material term or condition of 
                        employment of the employee, including through 
                        an intermediary;
                            ``(III) each such person is legally 
                        capable, without regard as to whether such 
                        capability is used, of directly or indirectly--
                                    ``(aa) exerting direction or 
                                control over any material term or 
                                condition of employment of the 
                                employee;
                                    ``(bb) ensuring compliance with the 
                                requirements of this Act with regard to 
                                the employee's performance of such 
                                labor; or
                                    ``(cc) upholding the rights and 
                                protections of this Act with regard to 
                                the employee's performance of such 
                                labor; or
                            ``(IV) based on an act or omission of the 2 
                        or more persons, 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 Act.''.
    (b) National Labor Relations Act.--Section 2(2) of the National 
Labor Relations Act (29 U.S.C. 152(2)), as amended by section 
102(b)(6)(A), is further amended by adding at the end the following:
                    ``(C) Multiple employers.--
                            ``(i) Rule of interpretation.--This 
                        subparagraph--
                                    ``(I) is to be read as an addition 
                                to, and an augmentation and expansion 
                                of, all relevant judicial and agency 
                                interpretations in existence on the 
                                date of enactment of the Worker 
                                Flexibility and Small Business 
                                Protection Act of 2020 regarding which 
                                persons qualify as employers in 
                                relation to a given employee under this 
                                Act, including in a multiple employer 
                                or joint employment structure;
                                    ``(II) shall not be interpreted by 
                                any court or agency as a restriction 
                                on, or narrowing of, any such 
                                interpretations; and
                                    ``(III) is not a codification of 
                                the common law and shall not be 
                                interpreted to reflect, or to be 
                                limited or restricted by, common law 
                                interpretations regarding whether a 
                                person is an employer of a given 
                                employee or whether multiple persons 
                                are employers of a given employee.
                            ``(ii) In general.--Two or more persons 
                        shall be employers with respect to an employee 
                        if each such person individually, acting 
                        directly or indirectly, is an employer of the 
                        employee, based on and in accordance with the 
                        meanings given the term `employer' under 
                        subparagraph (A) and the term `employee' under 
                        paragraph (3).
                            ``(iii) Additional multiple employer 
                        determinations.--Notwithstanding clause (ii), 2 
                        or more persons shall be employers, acting 
                        directly or indirectly, with respect to an 
                        employee if--
                                    ``(I) each such person directly or 
                                indirectly benefits or seeks to 
                                directly or indirectly benefit from the 
                                performance of labor by an employee; 
                                and
                                    ``(II)(aa) each such person exerts 
                                actual direction or control, directly 
                                or indirectly, over any material term 
                                or condition of employment of the 
                                employee, including through an 
                                intermediary;
                                    ``(bb) each such person exerts 
                                functional direction or control, 
                                directly or indirectly, over any 
                                material term or condition of 
                                employment of the employee, including 
                                through an intermediary;
                                    ``(cc) each such person is legally 
                                capable, without regard as to whether 
                                such capability is used, of directly or 
                                indirectly--
                                            ``(AA) exerting direction 
                                        or control over any material 
                                        term or condition of employment 
                                        of the employee;
                                            ``(BB) ensuring compliance 
                                        with the requirements of this 
                                        Act with regard to the 
                                        employee's performance of such 
                                        labor; or
                                            ``(CC) upholding the rights 
                                        and protections of this Act 
                                        with regard to the employee's 
                                        performance of such labor;
                                    ``(dd) based on an act or omission 
                                of the 2 or more persons, 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 Act; or
                                    ``(ee) based on the totality of the 
                                circumstances of the industrial 
                                realities, including the way separate 
                                persons have structured their 
                                commercial relationship, 2 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 2 or more 
                                persons.''.
    (c) Occupational Safety and Health Act of 1970.--Section 3(5) of 
the Occupational Safety and Health Act of 1970 (29 U.S.C. 652(5)), as 
amended by section 102(c)(6)(A), is further amended by adding at the 
end the following:
            ``(C) Multiple employers.--
                    ``(i) Rule of interpretation.--This subparagraph--
                            ``(I) is to be read as an addition to, and 
                        an augmentation and expansion of, all relevant 
                        judicial and agency interpretations in 
                        existence on the date of enactment of the 
                        Worker Flexibility and Small Business 
                        Protection Act of 2020 regarding which persons 
                        qualify as employers in relation to a given 
                        employee under this Act, including in a 
                        multiple employer or joint employment 
                        structure;
                            ``(II) shall not be interpreted by any 
                        court or agency as a restriction on, or 
                        narrowing of, any such interpretations; and
                            ``(III) is not a codification of the common 
                        law and shall not be interpreted to reflect, or 
                        to be limited or restricted by, common law 
                        interpretations regarding whether a person is 
                        an employer of a given employee or whether 
                        multiple persons are employers of a given 
                        employee.
                    ``(ii) In general.--Two or more persons shall be 
                employers with respect to an employee if each such 
                person individually, acting directly or indirectly, is 
                an employer of the employee, based on and in accordance 
                with the meaning given the term `employer' under 
                subparagraph (A) and the definition of `employee' under 
                paragraph (6).
                    ``(iii) Additional multiple employer 
                determinations.--Notwithstanding clause (ii), 2 or more 
                persons shall be employers, acting directly or 
                indirectly, with respect to an employee if--
                            ``(I) each such person directly or 
                        indirectly benefits or seeks to directly or 
                        indirectly benefit from the performance of 
                        labor by an employee; and
                            ``(II)(aa) each such person exerts actual 
                        direction or control, directly or indirectly, 
                        over any material term or condition of 
                        employment of the employee, including through 
                        an intermediary;
                                    ``(bb) each such person exerts 
                                functional direction or control, 
                                directly or indirectly, over any 
                                material term or condition of 
                                employment of the employee, including 
                                through an intermediary;
                                    ``(cc) each such person is legally 
                                capable, without regard as to whether 
                                such capability is used, of directly or 
                                indirectly--
                                            ``(AA) exerting direction 
                                        or control over any material 
                                        term or condition of employment 
                                        of the employee;
                                            ``(BB) ensuring compliance 
                                        with the requirements of this 
                                        Act with regard to the 
                                        employee's performance of such 
                                        labor; or
                                            ``(CC) upholding the rights 
                                        and protections of this Act 
                                        with regard to the employee's 
                                        performance of such labor; or
                                    ``(dd) based on an act or omission 
                                of the 2 or more persons, 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 Act.''.
    (d) Federal Mine Safety and Health Act of 1977.--The Federal Mine 
Safety and Health Act of 1977 (30 U.S.C. 801 et seq.), as amended by 
paragraphs (1) and (2) of section 102(d), is further amended by 
inserting after section 4A the following:

``SEC. 4B. APPLICABILITY TO MULTIPLE EMPLOYERS AND RELATED ENTITIES.

    ``(a) Multiple Employers.--
            ``(1) Rule of interpretation.--This subsection--
                    ``(A) is to be read as an addition to, and an 
                augmentation and expansion of, all relevant judicial 
                and agency interpretations in existence on the date of 
                enactment of the Worker Flexibility and Small Business 
                Protection Act of 2020 regarding which persons qualify 
                as operators in relation to a given miner under this 
                Act, including in a multiple employer or joint 
                employment structure;
                    ``(B) shall not be interpreted by any court or 
                agency as a restriction on, or narrowing of, any such 
                interpretations; and
                    ``(C) is not a codification of the common law and 
                shall not be interpreted to reflect, or to be limited 
                or restricted by, 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 miner.
            ``(2) In general.--Two or more persons shall be employers 
        with respect to a miner of a coal or other mine if, based on 
        the definitions given the terms `operator' and `miner' in 
        section 3, each such person individually satisfies the 
        definition of an operator under this Act in relation to a given 
        miner.
            ``(3) Additional multiple employer determinations.--
        Notwithstanding paragraph (2), 2 or more persons shall be 
        employers, acting directly or indirectly, with respect to a 
        miner of a coal or other mine if--
                    ``(A) one of the persons is an operator of a coal 
                or other mine and the miner is performing labor for the 
                operator;
                    ``(B) each such person directly or indirectly 
                benefits or seeks to directly or indirectly benefit 
                from the performance of labor by the miner; and
                    ``(C)(i) each such person exerts actual direction 
                or control, directly or indirectly, over any material 
                term or condition of employment of the miner, including 
                through an intermediary;
                    ``(ii) each such person exerts functional direction 
                or control, directly or indirectly, over any material 
                term or condition of employment of the miner, including 
                through an intermediary;
                    ``(iii) each such person is legally capable, 
                without regard as to whether such capability is used, 
                of directly or indirectly--
                            ``(I) exerting direction or control over 
                        any material term or condition of employment of 
                        the miner;
                            ``(II) ensuring compliance with the 
                        requirements of this Act with regard to the 
                        miner's performance of such labor; or
                            ``(III) upholding the rights and 
                        protections of this Act with regard to the 
                        miner's performance of such labor; or
                    ``(iv) based on an act or omission of the 2 or more 
                persons, 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 Act.''.
    (e) Migrant and Seasonal Agricultural Worker Protection Act.--
Section 5 of the Migrant and Seasonal Agricultural Worker Protection 
Act (29 U.S.C. 1803), as redesignated by section 102(e)(1)(A), is 
further amended by adding at the end the following:
    ``(c) Expanded Applicability.--
            ``(1) 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 
        association, 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 worker, as the 
        case may be, in any case where the farm labor contractor is 
        responsible for the rights and protections of this Act.
            ``(2) Multiple employers.--
                    ``(A) Rule of interpretation.--This paragraph--
                            ``(i) is to be read as an addition to, and 
                        an augmentation and expansion of, all relevant 
                        judicial and agency interpretations in 
                        existence on the date of enactment of the 
                        Worker Flexibility and Small Business 
                        Protection Act of 2020 regarding which persons 
                        qualify as agricultural employers, agricultural 
                        associations, or farm labor contractors in 
                        relation to a given employee under this Act, 
                        including in a multiple employer or joint 
                        employment structure;
                            ``(ii) shall not be interpreted by any 
                        court or agency as a restriction on, or 
                        narrowing of, any such interpretations; and
                            ``(iii) is not a codification of the common 
                        law and shall not be interpreted to reflect, or 
                        to be limited or restricted by, 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 worker.
                    ``(B) In general.--Two or more persons, acting 
                directly or indirectly, shall be responsible for the 
                rights and protections of this Act with respect to a 
                migrant agricultural worker or seasonal agricultural 
                worker, if based on the application of the definitions 
                of `agricultural association', `agricultural employer', 
                `agricultural employment', `employ', `farm labor 
                contractor', `migrant agricultural worker', and 
                `seasonal agricultural worker' under section 3, each 
                such person individually satisfies the definition of a 
                farm labor contractor, agricultural employer, or 
                agricultural association under this Act in relation to 
                a given migrant agricultural worker or seasonal 
                agricultural worker.
                    ``(C) Additional multiple employer 
                determinations.--Notwithstanding subparagraph (B), 2 or 
                more persons, acting directly or indirectly, shall be 
                responsible for the rights and protections of this Act 
                with respect to a migrant agricultural worker or 
                seasonal agricultural worker if--
                            ``(i) one of the persons is a farm labor 
                        contractor, agricultural employer, or 
                        agricultural association and the migrant 
                        agricultural worker or seasonal agricultural 
                        worker is performing labor for such person;
                            ``(ii) each such person directly or 
                        indirectly benefits or seeks to directly or 
                        indirectly benefit from the performance of 
                        labor by the worker; and
                            ``(iii)(I) each such person exerts actual 
                        direction or control, directly or indirectly, 
                        over any material term or condition of 
                        employment of the worker, including through an 
                        intermediary;
                            ``(II) each such person exerts functional 
                        direction or control, directly or indirectly, 
                        over any material term or condition of 
                        employment of the worker, including through an 
                        intermediary;
                            ``(III) each such person is legally 
                        capable, without regard as to whether such 
                        capability is used, of directly or indirectly--
                                    ``(aa) exerting direction or 
                                control over any material term or 
                                condition of employment of the worker;
                                    ``(bb) ensuring compliance with the 
                                requirements of this Act with regard to 
                                the worker's performance of such labor; 
                                or
                                    ``(cc) upholding the rights and 
                                protections of this Act with regard to 
                                the worker's performance of such labor; 
                                or
                            ``(IV) based on an act or omission of the 2 
                        or more persons, the worker reasonably believed 
                        that each such person was a farm labor 
                        contractor, agricultural employer, 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 
                        Act.
    ``(3) Interaction With Registration Requirements.--Notwithstanding 
paragraph (2), an agricultural employer or agricultural association 
shall not be subject to liability for any violation of title I by a 
farm labor contractor.''.
    (f) Davis-Bacon Act.--Subchapter IV of chapter 31 of title 40, 
United States Code, as amended by section 102(f)(5), is further amended 
by inserting after section 3144a the following:
``Sec. 3144b. Applicability to multiple employers and related entities
    ``(a) Multiple Employers.--
            ``(1) Rule of interpretation.--This subsection--
                    ``(A) is to be read as an addition to, and an 
                augmentation and expansion of, all relevant judicial 
                and agency interpretations in existence on the date of 
                enactment of the Worker Flexibility and Small Business 
                Protection Act of 2020 regarding which persons qualify 
                as employers in relation to a given laborer or mechanic 
                under this subchapter, including in a multiple employer 
                or joint employment structure;
                    ``(B) shall not be interpreted by any court or 
                agency as a restriction on, or narrowing of, any such 
                interpretations; and
                    ``(C) is not a codification of the common law and 
                shall not be interpreted to reflect, or to be limited 
                or restricted by, 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 mechanic.
            ``(2) Additional multiple employer determinations.--Two or 
        more persons, acting directly or indirectly, shall be 
        responsible for the rights and protections of this subchapter 
        with respect to a laborer or mechanic if--
                    ``(A) one of the persons is a contractor, or 
                subcontractor, for a contract to which this subchapter 
                applies and the laborer or mechanic is performing labor 
                under such contract;
                    ``(B) each such person directly or indirectly 
                benefits or seeks to directly or indirectly benefit 
                from the performance of labor by the laborer or 
                mechanic; and
                    ``(C)(i) each such person exerts actual direction 
                or control, directly or indirectly, over any material 
                term or condition of employment of the laborer or 
                mechanic, including through an intermediary;
                    ``(ii) each such person exerts functional direction 
                or control, directly or indirectly, over any material 
                term or condition of employment of the laborer or 
                mechanic, including through an intermediary;
                    ``(iii) each such person is legally capable, 
                without regard as to whether such capability is used, 
                of directly or indirectly--
                            ``(I) exerting direction or control over 
                        any material term or condition of employment of 
                        the laborer or mechanic;
                            ``(II) ensuring compliance with the 
                        requirements of this subchapter with regard to 
                        the laborer or mechanic's performance of such 
                        labor; or
                            ``(III) upholding the rights and 
                        protections of this subchapter with regard to 
                        the laborer or mechanic's performance of such 
                        labor; or
                    ``(iv) based on an act or omission of the 2 or more 
                persons, 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 
                subchapter.''.
    (g) McNamara-O'Hara Service Contract Act.--Chapter 67 of title 41, 
United States Code, is amended by inserting after section 6701 the 
following:
``Sec. 6701a. Applicability to multiple employers and related entities
    ``(a) Multiple Employers.--
            ``(1) Rule of interpretation.--This subsection--
                    ``(A) is to be read as an addition to, and an 
                augmentation and expansion of, all relevant judicial 
                and agency interpretations in existence on the date of 
                enactment of the Worker Flexibility and Small Business 
                Protection Act of 2020 regarding which persons qualify 
                as employers in relation to a given service employee 
                under this chapter, including in a multiple employer or 
                joint employment structure;
                    ``(B) shall not be interpreted by any court or 
                agency as a restriction on, or narrowing of, any such 
                interpretations; and
                    ``(C) is not a codification of the common law and 
                shall not be interpreted to reflect, or to be limited 
                or restricted by, common law interpretations regarding 
                whether a person is an employer of a given service 
                employee or whether multiple persons are employers of a 
                service employee.
            ``(2) Additional multiple employer determinations.--Two or 
        more persons, acting directly or indirectly, shall be 
        responsible for the rights and protections of this chapter with 
        respect to a service employee if--
                    ``(A) one of the persons is a contractor, or 
                subcontractor, for a contract to which this chapter 
                applies and the service employee is performing labor 
                under such contract;
                    ``(B) each such person directly or indirectly 
                benefits or seeks to directly or indirectly benefit 
                from the performance of labor by the service employee; 
                and
                    ``(C)(i) each such person exerts actual direction 
                or control, directly or indirectly, over any material 
                term or condition of employment of the service 
                employee, including through an intermediary;
                    ``(ii) each such person exerts functional direction 
                or control, directly or indirectly, over any material 
                term or condition of employment of the service 
                employee, including through an intermediary;
                    ``(iii) each such person is legally capable, 
                without regard as to whether such capability is used, 
                of directly or indirectly--
                            ``(I) exerting direction or control over 
                        any material term or condition of employment of 
                        the service employee;
                            ``(II) ensuring compliance with the 
                        requirements of this chapter with regard to the 
                        service employee's performance of such labor; 
                        or
                            ``(III) upholding the rights and 
                        protections of this chapter with regard to the 
                        service employee's performance of such labor; 
                        or
                    ``(iv) based on an act or omission of the 2 or more 
                persons, 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 chapter.''.
    (h) Walsh-Healey Public Contracts Act.--Chapter 65 of title 41, 
United States Code, is amended by inserting after section 6501a the 
following:
``Sec. 6501b. Applicability to multiple employers and related entities
    ``(a) Multiple Employers.--
            ``(1) Rule of interpretation.--This subsection--
                    ``(A) is to be read as an addition to, and an 
                augmentation and expansion of, all relevant judicial 
                and agency interpretations in existence on the date of 
                enactment of the Worker Flexibility and Small Business 
                Protection Act of 2020 regarding which persons qualify 
                as employers in relation to a given individual 
                performing labor in the manufacture or furnishing of 
                materials, supplies, articles, or equipment under a 
                contract subject to this chapter, including in a 
                multiple employer or joint employment structure;
                    ``(B) shall not be interpreted by any court or 
                agency as a restriction on, or narrowing of, any such 
                interpretations; and
                    ``(C) is not a codification of the common law and 
                shall not be interpreted to reflect, or to be limited 
                or restricted by, common law interpretations regarding 
                whether a person is an employer of an individual 
                described in subparagraph (A) or whether multiple 
                persons are employers of such individual.
            ``(2) Additional multiple employer determinations.--Two or 
        more persons, acting directly or indirectly, shall be 
        responsible for the rights and protections of this chapter with 
        respect to an individual if--
                    ``(A) 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 materials, supplies, articles, or 
                equipment under the contract;
                    ``(B) each such person directly or indirectly 
                benefits or seeks to directly or indirectly benefit 
                from such performance of labor by the individual; and
                    ``(C)(i) each such person exerts actual direction 
                or control, directly or indirectly, over any material 
                term or condition of employment of the individual;
                    ``(ii) each such person exerts functional direction 
                or control, directly or indirectly, over any material 
                term or condition of employment of the individual, 
                including through an intermediary;
                    ``(iii) each such person is legally capable, 
                without regard as to whether such capability is used, 
                of directly or indirectly--
                            ``(I) exerting direction or control over 
                        any material term or condition of employment of 
                        the individual;
                            ``(II) ensuring compliance with the 
                        requirements of this chapter with regard to the 
                        individual's performance of such labor; or
                            ``(III) upholding the rights and 
                        protections of this chapter with regard to the 
                        individual's performance of such labor; or
                    ``(iv) based on an act or omission of the 2 or more 
                persons, 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 chapter.''.
    (i) Family and Medical Leave Act of 1993.--Section 101(4) of the 
Family and Medical Leave Act of 1993 (29 U.S.C. 2611(4)), as amended by 
section 102(h)(3), is further amended by adding at the end the 
following:
                    ``(D) Multiple employers.--
                            ``(i) Rule of interpretation.--This 
                        subparagraph--
                                    ``(I) is to be read as an addition 
                                to, and an augmentation and expansion 
                                of, all relevant judicial and agency 
                                interpretations in existence on the 
                                date of enactment of the Worker 
                                Flexibility and Small Business 
                                Protection Act of 2020 regarding which 
                                persons qualify as employers in 
                                relation to a given employee under this 
                                Act, including in a multiple employer 
                                or joint employment structure;
                                    ``(II) shall not be interpreted by 
                                any court or agency as a restriction 
                                on, or narrowing of, any such 
                                interpretations; and
                                    ``(III) is not a codification of 
                                the common law and shall not be 
                                interpreted to reflect, or to be 
                                limited or restricted by, common law 
                                interpretations regarding whether a 
                                person is an employer of a given 
                                employee or whether multiple persons 
                                are employers of a given employee.
                            ``(ii) In general.--Two or more persons 
                        shall be employers with respect to an employee 
                        if each such person individually, acting 
                        directly or indirectly, is an employer, based 
                        on and in accordance with the meaning given the 
                        term `employer' under subparagraphs (A) and (B) 
                        of this paragraph, and the definitions of 
                        `employ' and `employee' under paragraph (3).
                            ``(iii) Additional multiple employer 
                        determinations.--Notwithstanding clause (ii), 2 
                        or more persons shall be employers, acting 
                        directly or indirectly, with respect to an 
                        employee if--
                                    ``(I) each such person directly or 
                                indirectly benefits or seeks to 
                                directly or indirectly benefit from the 
                                performance of labor by an employee; 
                                and
                                    ``(II)(aa) each such person exerts 
                                actual direction or control, directly 
                                or indirectly, over any material term 
                                or condition of employment of the 
                                employee, including through an 
                                intermediary;
                                    ``(bb) each such person exerts 
                                functional direction or control, 
                                directly or indirectly, over any 
                                material term or condition of 
                                employment of the employee, including 
                                through an intermediary;
                                    ``(cc) each such person is legally 
                                capable, without regard as to whether 
                                such capability is used, of directly or 
                                indirectly--
                                            ``(AA) exerting direction 
                                        or control over any material 
                                        term or condition of employment 
                                        of the employee;
                                            ``(BB) ensuring compliance 
                                        with the requirements of this 
                                        Act with regard to the 
                                        employee; or
                                            ``(CC) upholding the rights 
                                        and protections of this Act 
                                        with regard to the employee; or
                                    ``(dd) based on an act or omission 
                                of the 2 or more persons, 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 Act.''.
    (j) Federal Unemployment Tax Act (FUTA).--
            (1) In general.--Section 3306(w) of the Internal Revenue 
        Code of 1986, as added by section 102(j), is amended by adding 
        at the end the following new paragraph:
            ``(3) Paragraph (5) of section 3(d) of such Act.''.
            (2) Effective date.--The amendment made by paragraph (1) 
        shall apply to services rendered on or after January 1, 2022.

SEC. 202. MASSIVE CORPORATIONS.

    (a) Joint Responsibility for All Corporate Family Employees.--
            (1) Fair labor standards act of 1938.--Section 3(d) of the 
        Fair Labor Standards Act of 1938 (29 U.S.C. 203(d)), as amended 
        by section 201(a), is further amended by adding at the end the 
        following:
            ``(6) 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 employer, or subsidiary under a 
        subsidiary, in any case where the subsidiary is responsible for 
        the rights and protections of this Act for the employee.''.
            (2) National labor relations act.--Section 2(2) of the 
        National Labor Relations Act (29 U.S.C. 152(2)), as amended by 
        section 201(b), is further amended by adding at the end the 
        following:
            ``(D) 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 employer, or subsidiary under a 
        subsidiary, in any case where the subsidiary is responsible for 
        the rights and protections of this Act for the employee.''.
            (3) Occupational safety and health act of 1970.--Section 
        3(5) of the Occupational Safety and Health Act of 1970 (29 
        U.S.C. 652(5)), as amended by section 201(c), is further 
        amended by adding at the end the following:
                    ``(E) 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 
                employer, or subsidiary under a subsidiary, in any case 
                where the subsidiary is responsible for the rights and 
                protections of this Act for the employee.''.
            (4) Federal mine safety and health act of 1977.--Section 4B 
        of the Federal Mine Safety and Health Act of 1977, as added by 
        section 201(d), is further amended by adding at the end the 
        following:
    ``(b) 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 employer, or 
subsidiary under a subsidiary, in any case where the subsidiary is 
responsible for the rights and protections of this Act for the 
miner.''.
            (5) Migrant and seasonal agricultural worker protection 
        act.--Section 5(c) of the Migrant and Seasonal Agricultural 
        Worker Protection Act (29 U.S.C. 1803(c)), as added by section 
        201(e), is further amended by adding at the end the following:
            ``(4) 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 contractor, 
        agricultural employer, or agricultural association, that is a 
        subsidiary of the entity, or a subsidiary under such a 
        subsidiary, in any case where the subsidiary is responsible for 
        the rights and protections of this Act for the migrant 
        agricultural worker or seasonal agricultural worker.''.
            (6) Davis-bacon act.--Section 3144b of title 40, United 
        States Code, as added by section 201(f), is further amended by 
        adding at the end the following:
    ``(b) 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 entity, or a subsidiary under such a subsidiary, in 
any case where the subsidiary is responsible for the rights and 
protections of this subchapter for the laborer or mechanic.''.
            (7) McNamara-O'Hara service contract act.--Section 6701a of 
        title 41, United States Code, as added by section 201(g), is 
        further amended by adding at the end the following:
    ``(b) 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 entity, or a 
subsidiary under such a subsidiary, in any case where the subsidiary is 
responsible for the rights and protections of this chapter for the 
service employee.''.
            (8) Walsh-healey public contracts act.--Section 6501b of 
        title 41, United States Code, as added by section 201(h), is 
        further amended by adding at the end the following:
    ``(b) 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 entity, or a 
subsidiary under such a subsidiary, in any case where the subsidiary is 
responsible for the rights and protections of this chapter for the 
individual.''.
            (9) Family and medical leave act of 1993.--Section 101(4) 
        of the Family and Medical Leave Act of 1993 (20 U.S.C. 
        2611(4)), as amended by section 201(i), is further amended by 
        adding at the end the following:
                    ``(E) 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 
                employer, or subsidiary under a subsidiary, in any case 
                where the subsidiary is responsible for the rights and 
                protections of this Act for the employee.''.
            (10) Federal unemployment tax act (futa).--
                    (A) In general.--Section 3306(w) of the Internal 
                Revenue Code of 1986, as amended by section 201(j), is 
                amended by adding at the end the following new 
                paragraph:
            ``(4) Paragraph (6) of section 3(d) of such Act.''.
                    (B) Effective date.--The amendment made by 
                subparagraph (A) shall apply to services rendered on or 
                after January 1, 2022.
    (b) Joint Responsibility as Owners, Directors, Officers, and 
Managing Agents.--
            (1) Fair labor standards act of 1938.--Section 16 of the 
        Fair Labor Standards Act of 1938 (29 U.S.C. 216), as amended by 
        section 102(a)(8)(C), is further amended by adding at the end 
        the following:
    ``(g) Owners, Directors, Officers, and Managing Agents.--
            ``(1) In general.--In any action or proceeding for a 
        violation of this Act, the Secretary or court may also assess a 
        civil penalty for such violation against an owner, director, 
        officer, or managing agent of the employer if the Secretary or 
        court determines, based on the particular facts and 
        circumstances presented, that personal liability for the 
        violation is warranted because the owner, director, officer, or 
        managing agent--
                    ``(A) directed or committed the violation;
                    ``(B) established a policy that led to such a 
                violation; or
                    ``(C) had actual or constructive knowledge of the 
                violation, had the authority to prevent the violation, 
                and failed to prevent the violation.
            ``(2) Amount of civil penalty.--The amount of, or range 
        for, a civil penalty for a violation under paragraph (1) shall, 
        in any case where a similar civil penalty against the employer 
        is established by law, be the amount or range for the civil 
        penalty that may be assessed against the employer for such 
        violation.''.
            (2) National labor relations act.--Section 12 of the 
        National Labor Relations Act (29 U.S.C. 162), as amended by 
        section 102(b)(7)(B), is further amended by adding at the end 
        the following:
    ``(e) Owners, Directors, Officers, and Managing Agents.--
            ``(1) In general.--In any action or proceeding for a 
        violation of this Act, the Board or court may also assess a 
        civil penalty for such violation against an owner, director, 
        officer, or managing agent of the employer if the Board or 
        court determines, based on the particular facts and 
        circumstances presented, that personal liability for the 
        violation is warranted because the owner, director, officer, or 
        managing agent--
                    ``(A) directed or committed the violation;
                    ``(B) established a policy that led to such a 
                violation; or
                    ``(C) had actual or constructive knowledge of the 
                violation, had the authority to prevent the violation, 
                and failed to prevent the violation.
            ``(2) Amount of civil penalty.--The amount of, or range 
        for, a civil penalty for a violation under paragraph (1) shall, 
        in any case where a similar civil penalty against the employer 
        is established by law, be the amount or range for the civil 
        penalty that may be assessed against the employer for such 
        violation.''.
            (3) Occupational safety and health act of 1970.--Section 17 
        of the Occupational Safety and Health Act of 1970 (29 U.S.C. 
        666), as amended by section 102(c)(7)(B), is amended by 
        inserting after subsection (k) the following:
    ``(m) Owners, Directors, Officers, and Managing Agents.--
            ``(1) In general.--In any action or proceeding for a 
        violation of this Act, including any standard, rule, 
        regulation, or order promulgated pursuant to this Act, the 
        Secretary or court may also assess a civil penalty for such 
        violation against an owner, director, officer, or managing 
        agent of the employer if the Secretary or court determines, 
        based on the particular facts and circumstances presented, that 
        personal liability for the violation is warranted because the 
        owner, director, officer, or managing agent--
                    ``(A) directed or committed the violation;
                    ``(B) established a policy that led to such a 
                violation; or
                    ``(C) had actual or constructive knowledge of the 
                violation, had the authority to prevent the violation, 
                and failed to prevent the violation.
            ``(2) Amount of civil penalty.--The amount of, or range 
        for, a civil penalty for a violation under paragraph (1) shall, 
        in any case where a similar civil penalty against the employer 
        is established by law, be the amount or range for the civil 
        penalty that may be assessed against the employer for such 
        violation.''.
            (4) Federal mine safety and health act of 1977.--
                    (A) In general.--Title I of the Federal Mine Safety 
                and Health Act of 1977 (30 U.S.C. 820), as amended by 
                section 102(d), is further amended by adding at the end 
                the following:

``SEC. 118. LIABILITY OF OWNERS, DIRECTORS, OFFICERS, MANAGING AGENTS, 
              AND LARGE SHAREHOLDERS; INDEMNIFICATION.

    ``(a) Owners, Directors, Officers, and Managing Agents.--
            ``(1) In general.--In any action or proceeding for a 
        violation of this Act including any mandatory health or safety 
        standard, rule, order, or regulation promulgated pursuant to 
        this Act, the Secretary or court may also assess a civil 
        penalty against an owner, director, officer, or managing agent 
        of the operator or employer if the Secretary or court 
        determines, based on the particular facts and circumstances 
        presented, that personal liability for the violation is 
        warranted because the owner, director, officer, or managing 
        agent--
                    ``(A) directed or committed the violation;
                    ``(B) established a policy that led to such a 
                violation; or
                    ``(C) had actual or constructive knowledge of the 
                violation, had the authority to prevent the violation, 
                and failed to prevent the violation.
            ``(2) Amount of civil penalty.--The amount of, or range 
        for, a civil penalty for a violation under paragraph (1) shall, 
        in any case where a similar civil penalty against the employer 
        is established by law, be the amount or range for the civil 
        penalty that may be assessed against the employer for such 
        violation.''.
            (5) Migrant and seasonal agricultural worker protection 
        act.--Title V of the Migrant and Seasonal Agricultural Worker 
        Protection Act (29 U.S.C. 1851 et seq.), as amended by section 
        102(e)(5)(A), is further amended by inserting after section 504 
        the following:

``SEC. 505. LIABILITY OF OWNERS, DIRECTORS, OFFICERS, MANAGING AGENTS, 
              AND LARGE SHAREHOLDERS; INDEMNIFICATION.

    ``(a) Civil Penalty Liability for Owners, Directors, Officers, and 
Managing Agents of Farm Labor Contractors, Agricultural Employers, or 
Agricultural Associations.--
            ``(1) In general.--In any action or proceeding for a 
        violation of this Act, including any regulation under this Act, 
        by a farm labor contractor, agricultural employer, or 
        agricultural association, the Secretary or court may also 
        assess a civil penalty for such violation against an owner, 
        director, officer, or managing agent of the farm labor 
        contractor, agricultural employer, or agricultural association 
        if the Secretary or court determines, based on the particular 
        facts and circumstances presented, that personal liability for 
        the violation is warranted because the owner, director, 
        officer, or managing agent--
                    ``(A) directed or committed the violation;
                    ``(B) established a policy that led to such a 
                violation; or
                    ``(C) had actual or constructive knowledge of the 
                violation, had the authority to prevent the violation, 
                and failed to prevent the violation.
            ``(2) Amount of civil penalty.--The amount of, or range 
        for, a civil penalty for a violation under paragraph (1) shall, 
        in any case where a similar civil penalty against the employer 
        is established by law, be the amount or range for the civil 
        penalty that may be assessed against the employer for such 
        violation.''.
            (6) Davis-bacon act.--Section 3144c of title 40, United 
        States Code, as amended by section 102(f)(6), is further 
        amended by adding at the end the following:
    ``(d) Civil Penalty Liability for Owners, Directors, Officers, and 
Managing Agents.--
            ``(1) In general.--In any action or proceeding for a 
        violation of this subchapter, the Secretary of Labor or court 
        may also assess a civil penalty for such violation against an 
        owner, director, officer, or managing agent of the contractor 
        or subcontractor if the Secretary or court determines, based on 
        the particular facts and circumstances presented, that personal 
        liability for the violation is warranted because the owner, 
        director, officer, or managing agent--
                    ``(A) directed or committed the violation;
                    ``(B) established a policy that led to such a 
                violation; or
                    ``(C) had actual or constructive knowledge of the 
                violation, had the authority to prevent the violation, 
                and failed to prevent the violation.
            ``(2) Amount of civil penalty.--The amount of, or range 
        for, a civil penalty for a violation under paragraph (1) shall, 
        in any case where a similar civil penalty against the employer 
        is established by law, be the amount or range for the civil 
        penalty that may be assessed against the contractor or 
        subcontractor for such violation.''.
            (7) McNamara-O'Hara service contract act.--Chapter 67 of 
        title 41, United States Code, is amended--
                    (A) by redesignating sections 6705, 6706, and 6707 
                as sections 6706, 6708, and 6709, respectively; and
                    (B) by inserting after section 6706 the following:
``Sec. 6707. Civil penalties assessed against owners, directors, 
              officers, managing agents, and large shareholders; 
              indemnification
    ``(a) Civil Penalty Liability for Owners, Directors, Officers, and 
Managing Agents.--
            ``(1) In general.--In any action or proceeding for a 
        violation of this chapter, the Secretary or court may also 
        assess a civil penalty for such violation against an owner, 
        director, officer, or managing agent of the contractor if the 
        Secretary or court determines, based on the particular facts 
        and circumstances presented, that personal liability for the 
        violation is warranted because the owner, director, officer, or 
        managing agent--
                    ``(A) directed or committed the violation;
                    ``(B) established a policy that led to such a 
                violation; or
                    ``(C) had actual or constructive knowledge of the 
                violation, had the authority to prevent the violation, 
                and failed to prevent the violation.
            ``(2) Amount of civil penalty.--The amount of, or range 
        for, a civil penalty for a violation under paragraph (1) shall, 
        in any case where a similar civil penalty against the employer 
        is established by law, be the amount or range for the civil 
        penalty that may be assessed against the contractor for such 
        violation.''.
            (8) Walsh-healey public contracts act.--Section 6506b of 
        title 41, United States Code, as amended by section 102(g)(6), 
        is further amended by adding at the end the following:
    ``(d) Civil Penalties Assessed Against Owners, Directors, Officers, 
Managing Agents, and Large Shareholders.--
            ``(1) In general.--In any action or proceeding for a 
        violation of this chapter, the Secretary or court may also 
        assess a civil penalty for such violation against an owner, 
        director, officer, or managing agent of the contractor if the 
        Secretary or court determines, based on the particular facts 
        and circumstances presented, that personal liability for the 
        violation is warranted because the owner, director, officer, or 
        managing agent--
                    ``(A) directed or committed the violation;
                    ``(B) established a policy that led to such a 
                violation; or
                    ``(C) had actual or constructive knowledge of the 
                violation, had the authority to prevent the violation, 
                and failed to prevent the violation.
            ``(2) Amount of civil penalty.--The amount of, or range 
        for, a civil penalty for a violation under paragraph (1) shall, 
        in any case where a similar civil penalty against the employer 
        is established by law, be the amount or range for the civil 
        penalty that may be assessed against the contractor for such 
        violation.''.
            (9) Family and medical leave act of 1993.--Section 107 of 
        the Family and Medical Leave Act of 1993 (29 U.S.C. 2617) is 
        amended--
                    (A) by redesignating subsections (e) and (f) as 
                subsections (i) and (j), respectively; and
                    (B) by inserting after subsection (d) the 
                following:
    ``(e) Owners, Directors, Officers, and Managing Agents.--
            ``(1) In general.--In any action or proceeding for a 
        violation of this Act, the Secretary or court may also assess a 
        civil penalty for such violation against an owner, director, 
        officer, or managing agent of the employer if the Secretary or 
        court determines, based on the particular facts and 
        circumstances presented, that personal liability for the 
        violation is warranted because the owner, director, officer, or 
        managing agent--
                    ``(A) directed or committed the violation;
                    ``(B) established a policy that led to such a 
                violation; or
                    ``(C) had actual or constructive knowledge of the 
                violation, had the authority to prevent the violation, 
                and failed to prevent the violation.
            ``(2) Amount of civil penalty.--The amount of, or range 
        for, a civil penalty for a violation under paragraph (1) shall, 
        in any case where a similar civil penalty against the employer 
        is established by law, be the amount or range for the civil 
        penalty that may be assessed against the employer for such 
        violation.''.
    (c) Responsibilities of 10 Largest Shareholders.--
            (1) Fair labor standards act of 1938.--Section 16 of the 
        Fair Labor Standards Act of 1938 (20 U.S.C. 216), as amended by 
        subsection (b)(1), is further amended by adding at the end the 
        following:
    ``(h) Joint Liability of Large Shareholders.--
            ``(1) In general.--In any action or proceeding for a 
        violation of this Act, the 10 largest shareholders of an 
        employer, as determined by the fair value for their beneficial 
        interest as of the beginning of the period during which the 
        violation occurred, shall--
                    ``(A) 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 Act; and
                    ``(B) notwithstanding subparagraph (A), be 
                personally responsible for 10 percent of any damages, 
                civil penalties, or other restitution or fees assessed 
                against the employer for the violations, with the 
                employer responsible for not more than 90 percent.
            ``(2) No reimbursement.--An employer may not refund in any 
        way any amounts paid by a shareholder under paragraph (1).''.
            (2) National labor relations act.--Section 12 of the 
        National Labor Relations Act (29 U.S.C. 162), as amended by 
        subsection (b)(2), is further amended by adding at the end the 
        following:
    ``(f) Joint Liability of Large Shareholders.--
            ``(1) In general.--In any action or proceeding for a 
        violation of this Act, the 10 largest shareholders of an 
        employer, as determined by the fair value for their beneficial 
        interest as of the beginning of the period during which the 
        violation occurred, shall--
                    ``(A) 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 Act; and
                    ``(B) notwithstanding subparagraph (A), be 
                personally responsible for 10 percent of any damages, 
                civil penalties, or other restitution or fees assessed 
                against the employer for the violations, with the 
                employer responsible for not more than 90 percent.
            ``(2) No reimbursement.--An employer may not refund in any 
        way any amounts paid by a shareholder under paragraph (1).''.
            (3) Occupational safety and health act of 1970.--Section 17 
        of the Occupational Safety and Health Act of 1970 (29 U.S.C. 
        666), as amended by subsection (b)(3), is further amended by 
        adding at the end the following:
    ``(n) Joint Liability of Large Shareholders.--
            ``(1) In general.--In any action or proceeding for a 
        violation of this Act, including any standard, rule, 
        regulation, or order promulgated pursuant to this Act, the 10 
        largest shareholders of an employer, as determined by the fair 
        value for their beneficial interest as of the beginning of the 
        period during which the violation occurred, shall--
                    ``(A) 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 Act; and
                    ``(B) notwithstanding subparagraph (A), be 
                personally responsible for 10 percent of any damages, 
                civil penalties, or other restitution or fees assessed 
                against the employer for the violations, with the 
                employer responsible for not more than 90 percent.
            ``(2) No reimbursement.--An employer may not refund in any 
        way any amounts paid by a shareholder under paragraph (1).''.
            (4) Federal mine safety and health act of 1977.--Section 
        118 of the Federal Mine Safety and Health Act of 1977, as added 
        by subsection (b)(4), is further amended by adding at the end 
        the following:
    ``(b) Joint Liability of Large Shareholders.--
            ``(1) In general.--In any action or proceeding for a 
        violation of this Act, including any mandatory health or safety 
        standard, rule, order, or regulation promulgated pursuant to 
        this Act, the 10 largest shareholders of an operator of a coal 
        or other mine, as determined by the fair value for their 
        beneficial interest as of the beginning of the period during 
        which such violation occurred, shall--
                    ``(A) jointly and severally be personally liable 
                for all such violations, and for all damages awarded 
                and civil penalties assessed for such violations; and
                    ``(B) notwithstanding subparagraph (A), be 
                personally responsible for 10 percent of any damages, 
                civil penalties, or other restitution or fees assessed 
                against the operator for all violations, with the 
                operator responsible for not more than 90 percent.
            ``(2) No reimbursement.--An operator may not refund in any 
        way any amounts paid by a shareholder under paragraph (1).''.
            (5) Migrant and seasonal agricultural worker protection 
        act.--Section 505 of the Migrant and Seasonal Agricultural 
        Worker Protection Act, as added by subsection (b)(5), is 
        further amended by adding at the end the following:
    ``(b) Joint Liability of Large Shareholders.--
            ``(1) In general.--In any action or proceeding for a 
        violation of this Act, including any regulation under this Act, 
        the 10 largest shareholders of a farm labor contractor, 
        agricultural employer, or agricultural association, as 
        determined by the fair value for their beneficial interest as 
        of the beginning of the period during which such violation 
        occurred, shall--
                    ``(A) jointly and severally be personally liable 
                for all violations of this Act, including any 
                regulation under this Act, and for all damages awarded 
                and civil penalties assessed for such violations; and
                    ``(B) notwithstanding subparagraph (A), be 
                personally responsible for 10 percent of any damages, 
                civil penalties, or other restitution or fees assessed 
                against the farm labor contractor, agricultural 
                employer, or agricultural association for all 
                violations, with the farm labor contractor, 
                agricultural employer, or agricultural association 
                (respectively) responsible for not more than 90 
                percent.
            ``(2) No reimbursement.--A farm labor contractor, 
        agricultural employer, or agricultural association may not 
        refund in any way any amounts paid by a shareholder under 
        paragraph (1).''.
            (6) Davis-bacon act.--Section 3144c of title 40, United 
        States Code, as amended by subsection (b)(6), is further 
        amended by adding at the end the following:
    ``(e) Joint Liability of Large Shareholders.--
            ``(1) In general.--In any action or proceeding for a 
        violation of this subchapter, the 10 largest shareholders of a 
        contractor or subcontractor, as determined by the fair value 
        for their beneficial interest as of the beginning of the period 
        during which the violation occurred, shall--
                    ``(A) jointly and severally be personally liable 
                for all violations of this subchapter, and for all 
                damages awarded and civil penalties assessed for 
                violations of this subchapter; and
                    ``(B) notwithstanding subparagraph (A), be 
                personally responsible for 10 percent of any damages, 
                civil penalties, or other restitution or fees assessed 
                against the contractor or subcontractor for the 
                violations, with the contractor or subcontractor 
                responsible for not more than 90 percent.
            ``(2) No reimbursement.--A contractor or subcontractor may 
        not refund in any way any amounts paid by a shareholder under 
        paragraph (1).''.
            (7) McNamara-O'Hara service contract act.--Section 6707 of 
        title 41, United States Code, as amended by subsection 
        (b)(7)(A), is further amended by adding at the end the 
        following:
    ``(b) Joint Liability of Large Shareholders.--
            ``(1) In general.--In any action or proceeding for a 
        violation of this chapter, the 10 largest shareholders of a 
        contractor, as determined by the fair value for their 
        beneficial interest as of the beginning of the period during 
        which the violation occurred, shall--
                    ``(A) jointly and severally be personally liable 
                for all violations of this chapter, and for all damages 
                awarded and civil penalties assessed for violations of 
                this chapter; and
                    ``(B) notwithstanding subparagraph (A), be 
                personally responsible for 10 percent of any damages, 
                civil penalties, or other restitution or fees assessed 
                against the contractor for the violations, with the 
                contractor responsible for not more than 90 percent.
            ``(2) No reimbursement.--A contractor may not refund in any 
        way any amounts paid by a shareholder under paragraph (1).''.
            (8) Walsh-healey public contracts act.--Section 6506b of 
        title 41, United States Code, as amended by subsection (b)(8), 
        is further amended by adding at the end the following:
    ``(e) Joint Liability of Large Shareholders.--
            ``(1) In general.--In any action or proceeding for a 
        violation of this chapter, the 10 largest shareholders of a 
        contractor, as determined by the fair value for their 
        beneficial interest as of the beginning of the period during 
        which the violation occurred, shall--
                    ``(A) jointly and severally be personally liable 
                for all violations of this chapter, and for all damages 
                awarded and civil penalties assessed for violations of 
                this chapter; and
                    ``(B) notwithstanding subparagraph (A), be 
                personally responsible for 10 percent of any damages, 
                civil penalties, or other restitution or fees assessed 
                against the contractor for the violations, with the 
                contractor responsible for not more than 90 percent.
            ``(2) No reimbursement.--A contractor may not refund in any 
        way any amounts paid by a shareholder under paragraph (1).''.
            (9) Family and medical leave act of 1993.--Section 107 of 
        the Family and Medical Leave Act of 1993 (29 U.S.C. 2617), as 
        amended by subsection (b)(9), is further amended by inserting 
        after subsection (e) the following:
    ``(f) Joint Liability of Large Shareholders.--
            ``(1) In general.--In any action or proceeding for a 
        violation of this Act, the 10 largest shareholders of an 
        employer, as determined by the fair value for their beneficial 
        interest as of the beginning of the period during which the 
        violation occurred, shall--
                    ``(A) 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 Act; and
                    ``(B) notwithstanding subparagraph (A), be 
                personally responsible for 10 percent of any damages, 
                civil penalties, or other restitution or fees assessed 
                against the employer for the violations, with the 
                employer responsible for not more than 90 percent.
            ``(2) No reimbursement.--An employer may not refund in any 
        way any amounts paid by a shareholder under paragraph (1).''.

SEC. 203. FRANCHISORS.

    (a) Fair Labor Standards Act of 1938.--
            (1) In general.--Section 3(d) of the Fair Labor Standards 
        Act of 1938 (29 U.S.C. 203(d)), as amended by section 
        202(a)(1), is further amended by adding at the end the 
        following:
            ``(7) Franchisors and franchisees.--A franchisor shall also 
        be responsible for the rights and protections of this Act with 
        regard to an employee, in any case where a franchisee of the 
        franchisor is responsible for the rights and protections of 
        this Act for the employee.''.
            (2) Indemnification.--Section 16 of the Fair Labor 
        Standards Act of 1938, as amended by section 202(c)(1), is 
        further amended by adding at the end the following:
    ``(i) Franchisees and Franchisors.--
            ``(1) 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 (2) from the franchisor, in any case where the 
        violation was--
                    ``(A) at the behest of the franchisor;
                    ``(B) at the direction of the franchisor;
                    ``(C) pursuant to any policies, agreements, or 
                contractual obligations emanating from the franchisor; 
                or
                    ``(D) due to other direct or indirect control or 
                pressure from the franchisor.
            ``(2) Process for and type of indemnification.--
        Indemnification under paragraph (1)--
                    ``(A) may be sought by a franchisee in any court of 
                competent jurisdiction; and
                    ``(B) shall include a full recovery from the 
                franchisor of all compensatory and punitive damages, 
                civil monetary penalties, attorney's fees, or other 
                amounts required to be paid by the franchisee as a 
                result of the violation of this Act.
            ``(3) Prohibition on waiver.--
                    ``(A) In general.--A franchisor shall not require 
                or otherwise request a franchisee to waive the 
                franchisee's right to indemnification under this 
                subsection.
                    ``(B) Remedy and civil penalty.--If a franchisor 
                violates subparagraph (A)--
                            ``(i) any indemnification waiver obtained 
                        shall be null and void; and
                            ``(ii) the franchisor shall be subject to a 
                        civil penalty of $100,000.
            ``(4) Prohibition on retaliation.--
                    ``(A) In general.--A franchisor shall not end a 
                franchise agreement with, take adverse action in 
                relation to, or otherwise discriminate against, a 
                franchisee for pursuing indemnification under this 
                subsection.
                    ``(B) Remedy and civil penalty.--Any franchisor who 
                violates subparagraph (A) shall be subject to a civil 
                penalty of $100,000.''.
    (b) National Labor Relations Act.--
            (1) In general.--Section 2(2) of the National Labor 
        Relations Act (29 U.S.C. 152(2)), as amended by section 
        202(a)(2), is further amended by adding at the end the 
        following:
            ``(E) Franchisors and franchisees.--A franchisor shall also 
        be responsible for the rights and protections of this Act with 
        regard to an employee, in any case where a franchisee of the 
        franchisor is responsible for the rights and protections of 
        this Act for the employee.''.
            (2) Indemnification.--Section 12 of the National Labor 
        Relations Act (29 U.S.C. 162), as amended by section 202(c)(2), 
        is further amended by adding at the end the following:
    ``(g) Franchisees and Franchisors.--
            ``(1) 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 (2) from the franchisor, in any case where the 
        violation was--
                    ``(A) at the behest of the franchisor;
                    ``(B) at the direction of the franchisor;
                    ``(C) pursuant to any policies, agreements, or 
                contractual obligations emanating from the franchisor; 
                or
                    ``(D) due to other direct or indirect control or 
                pressure from the franchisor.
            ``(2) Process for and type of indemnification.--
        Indemnification under paragraph (1)--
                    ``(A) may be sought by a franchisee in any court of 
                competent jurisdiction; and
                    ``(B) shall include a full recovery from the 
                franchisor of all compensatory and punitive damages, 
                civil monetary penalties, attorney's fees, or other 
                amounts required to be paid by the franchisee as a 
                result of the violation of this Act.
            ``(3) Prohibition on waiver.--
                    ``(A) In general.--A franchisor shall not require 
                or otherwise request a franchisee to waive the 
                franchisee's right to indemnification under this 
                subsection.
                    ``(B) Remedy and civil penalty.--If a franchisor 
                violates subparagraph (A)--
                            ``(i) any indemnification waiver obtained 
                        shall be null and void; and
                            ``(ii) the franchisor shall be subject to a 
                        civil penalty of $100,000.
            ``(4) Prohibition on retaliation.--
                    ``(A) In general.--A franchisor shall not end a 
                franchise agreement with, take adverse action in 
                relation to, or otherwise discriminate against, a 
                franchisee for pursuing indemnification under this 
                subsection.
                    ``(B) Remedy and civil penalty.--Any franchisor who 
                violates subparagraph (A) shall be subject to a civil 
                penalty of $100,000.''.
    (c) Occupational Safety and Health Act of 1970.--
            (1) In general.--Section 3(5) of the Occupational Safety 
        and Health Act of 1970 (29 U.S.C. 652(5)), as amended by 
        section 202(a)(3), is further amended by adding at the end the 
        following:
                    ``(F) Franchisors and franchisees.--A franchisor 
                shall also be responsible for the rights and 
                protections of this Act with regard to an employee, in 
                any case where a franchisee of the franchisor is 
                responsible for the rights and protections of this Act 
                for the employee.''.
            (2) Indemnification.--Section 17 of the Occupational Safety 
        and Health Act of 1970 (29 U.S.C. 666), as amended by section 
        202(c)(3), is further amended by adding at the end the 
        following:
    ``(o) Franchisees and Franchisors.--
            ``(1) 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 (2) from the franchisor, in any case where the 
        violation was--
                    ``(A) at the behest of the franchisor;
                    ``(B) at the direction of the franchisor;
                    ``(C) pursuant to any policies, agreements, or 
                contractual obligations emanating from the franchisor; 
                or
                    ``(D) due to other direct or indirect control or 
                pressure from the franchisor.
            ``(2) Process for and type of indemnification.--
        Indemnification under paragraph (1)--
                    ``(A) may be sought by a franchisee in any court of 
                competent jurisdiction; and
                    ``(B) shall include a full recovery from the 
                franchisor of all compensatory and punitive damages, 
                civil monetary penalties, attorney's fees, or other 
                amounts required to be paid by the franchisee as a 
                result of the violation of this Act.
            ``(3) Prohibition on waiver.--
                    ``(A) In general.--A franchisor shall not require 
                or otherwise request a franchisee to waive the 
                franchisee's right to indemnification under this 
                subsection.
                    ``(B) Remedy and civil penalty.--If a franchisor 
                violates subparagraph (A)--
                            ``(i) any indemnification waiver obtained 
                        shall be null and void; and
                            ``(ii) the franchisor shall be subject to a 
                        civil penalty of $100,000.
            ``(4) Prohibition on retaliation.--
                    ``(A) In general.--A franchisor shall not end a 
                franchise agreement with, take adverse action in 
                relation to, or otherwise discriminate against, a 
                franchisee for pursuing indemnification under this 
                subsection.
                    ``(B) Remedy and civil penalty.--Any franchisor who 
                violates subparagraph (A) shall be subject to a civil 
                penalty of $100,000.''.
    (d) Federal Mine Safety and Health Act of 1977.--
            (1) In general.--Section 4B of the Federal Mine Safety and 
        Health Act of 1977, as amended by section 202(a)(4), is further 
        amended by adding at the end the following:
    ``(c) Franchisors and Franchisees.--A franchisor shall also be 
responsible for the rights and protections of this Act with regard to a 
miner, in any case where a franchisee of the franchisor is responsible 
for the rights and protections of this Act for the miner.''.
            (2) Indemnification.--Section 118 of the Federal Mine 
        Safety and Health Act of 1977, as amended by section 202(c)(4), 
        is further amended by adding at the end the following:
    ``(c) Franchisees and Franchisors.--
            ``(1) 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 (2) from the franchisor, in any case where the 
        violation was--
                    ``(A) at the behest of the franchisor;
                    ``(B) at the direction of the franchisor;
                    ``(C) pursuant to any policies, agreements, or 
                contractual obligations emanating from the franchisor; 
                or
                    ``(D) due to other direct or indirect control or 
                pressure from the franchisor.
            ``(2) Process for and type of indemnification.--
        Indemnification under paragraph (1)--
                    ``(A) may be sought by a franchisee in any court of 
                competent jurisdiction; and
                    ``(B) shall include a full recovery from the 
                franchisor of all compensatory and punitive damages, 
                civil monetary penalties, attorney's fees, or other 
                amounts required to be paid by the franchisee as a 
                result of the violation of this Act.
            ``(3) Prohibition on waiver.--
                    ``(A) In general.--A franchisor shall not require 
                or otherwise request a franchisee to waive the 
                franchisee's right to indemnification under this 
                subsection.
                    ``(B) Remedy and civil penalty.--If a franchisor 
                violates subparagraph (A)--
                            ``(i) any indemnification waiver obtained 
                        shall be null and void; and
                            ``(ii) the franchisor shall be subject to a 
                        civil penalty of $100,000.
            ``(4) Prohibition on retaliation.--
                    ``(A) In general.--A franchisor shall not end a 
                franchise agreement with, take adverse action in 
                relation to, or otherwise discriminate against, a 
                franchisee for pursuing indemnification under this 
                subsection.
                    ``(B) Remedy and civil penalty.--Any franchisor who 
                violates subparagraph (A) shall be subject to a civil 
                penalty of $100,000.''.
    (e) Migrant and Seasonal Agricultural Worker Protection Act.--
            (1) In general.--Section 5(c) of the Migrant and Seasonal 
        Agricultural Worker Protection Act, as amended by section 
        202(a)(5), is further amended by adding at the end the 
        following:
            ``(4) 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 
        contractor, agricultural employer, or agricultural association, 
        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 worker.''.
            (2) Indemnification.--Section 505 of the Migrant and 
        Seasonal Agricultural Worker Protection Act, as amended by 
        section 202(c)(5), is further amended by adding at the end the 
        following:
    ``(c) Franchisees and Franchisors.--
            ``(1) Indemnification by franchisor.--A farm labor 
        contractor, agricultural employer, agricultural association, 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 (2) from the franchisor, in any case 
        where the violation was--
                    ``(A) at the behest of the franchisor;
                    ``(B) at the direction of the franchisor;
                    ``(C) pursuant to any policies, agreements, or 
                contractual obligations emanating from the franchisor; 
                or
                    ``(D) due to other direct or indirect control or 
                pressure from the franchisor.
            ``(2) Process for and type of indemnification.--
        Indemnification under paragraph (1)--
                    ``(A) may be sought by a franchisee in any court of 
                competent jurisdiction; and
                    ``(B) shall include a full recovery from the 
                franchisor of all compensatory and punitive damages, 
                civil monetary penalties, attorney's fees, or other 
                amounts required to be paid by the franchisee as a 
                result of the violation of this Act.
            ``(3) Prohibition on waiver.--
                    ``(A) In general.--A franchisor shall not require 
                or otherwise request a franchisee to waive the 
                franchisee's right to indemnification under this 
                subsection.
                    ``(B) Remedy and civil penalty.--If a franchisor 
                violates subparagraph (A)--
                            ``(i) any indemnification waiver obtained 
                        shall be null and void; and
                            ``(ii) the franchisor shall be subject to a 
                        civil penalty of $100,000.
            ``(4) Prohibition on retaliation.--
                    ``(A) In general.--A franchisor shall not end a 
                franchise agreement with, take adverse action in 
                relation to, or otherwise discriminate against, a 
                franchisee for pursuing indemnification under this 
                subsection.
                    ``(B) Remedy and civil penalty.--Any franchisor who 
                violates subparagraph (A) shall be subject to a civil 
                penalty of $100,000.''.
    (f) Davis-Bacon Act.--
            (1) In general.--Section 3144b of title 40, United States 
        Code, as amended by section 202(a)(6), is further amended by 
        adding at the end the following:
    ``(c) 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 mechanic.''.
            (2) Indemnification.--Section 3144c of title 40, United 
        States Code, as amended by section 202(c)(6), is further 
        amended by adding at the end the following:
    ``(f) Franchisees and Franchisors.--
            ``(1) Indemnification by franchisor.--A contractor, 
        subcontractor, 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 (2) from the 
        franchisor, in any case where the violation was--
                    ``(A) at the behest of the franchisor;
                    ``(B) at the direction of the franchisor;
                    ``(C) pursuant to any policies, agreements, or 
                contractual obligations emanating from the franchisor; 
                or
                    ``(D) due to other direct or indirect control or 
                pressure from the franchisor.
            ``(2) Process for and type of indemnification.--
        Indemnification under paragraph (1)--
                    ``(A) may be sought by a franchisee in any court of 
                competent jurisdiction; and
                    ``(B) shall include a full recovery from the 
                franchisor of all compensatory and punitive damages, 
                civil monetary penalties, attorney's fees, or other 
                amounts required to be paid by the franchisee as a 
                result of the violation of this subchapter.
            ``(3) Prohibition on waiver.--
                    ``(A) In general.--A franchisor shall not require 
                or otherwise request a franchisee to waive the 
                franchisee's right to indemnification under this 
                subsection.
                    ``(B) Remedy and civil penalty.--If a franchisor 
                violates subparagraph (A)--
                            ``(i) any indemnification waiver obtained 
                        shall be null and void; and
                            ``(ii) the franchisor shall be subject to a 
                        civil penalty of $100,000.
            ``(4) Prohibition on retaliation.--
                    ``(A) In general.--A franchisor shall not end a 
                franchise agreement with, take adverse action in 
                relation to, or otherwise discriminate against, a 
                franchisee for pursuing indemnification under this 
                subsection.
                    ``(B) Remedy and civil penalty.--Any franchisor who 
                violates subparagraph (A) shall be subject to a civil 
                penalty of $100,000.''.
    (g) McNamara-O'Hara Service Contract Act.--
            (1) In general.--Section 6701a of title 41, United States 
        Code, as amended by section 202(a)(7), is further amended by 
        adding at the end the following:
    ``(c) 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 employee.''.
            (2) Indemnification.--Section 6707 of title 41, United 
        States Code, as amended by section 202(c)(7), is further 
        amended by adding at the end the following:
    ``(c) Franchisees and Franchisors.--
            ``(1) Indemnification by franchisor.--A contractor, 
        subcontractor, 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 (2) from the 
        franchisor, in any case where the violation was--
                    ``(A) at the behest of the franchisor;
                    ``(B) at the direction of the franchisor;
                    ``(C) pursuant to any policies, agreements, or 
                contractual obligations emanating from the franchisor; 
                or
                    ``(D) due to other direct or indirect control or 
                pressure from the franchisor.
            ``(2) Process for and type of indemnification.--
        Indemnification under paragraph (1)--
                    ``(A) may be sought by a franchisee in any court of 
                competent jurisdiction; and
                    ``(B) shall include a full recovery from the 
                franchisor of all compensatory and punitive damages, 
                civil monetary penalties, attorney's fees, or other 
                amounts required to be paid by the franchisee as a 
                result of the violation of this chapter.
            ``(3) Prohibition on waiver.--
                    ``(A) In general.--A franchisor shall not require 
                or otherwise request a franchisee to waive the 
                franchisee's right to indemnification under this 
                subsection.
                    ``(B) Remedy and civil penalty.--If a franchisor 
                violates subparagraph (A)--
                            ``(i) any indemnification waiver obtained 
                        shall be null and void; and
                            ``(ii) the franchisor shall be subject to a 
                        civil penalty of $100,000.
            ``(4) Prohibition on retaliation.--
                    ``(A) In general.--A franchisor shall not end a 
                franchise agreement with, take adverse action in 
                relation to, or otherwise discriminate against, a 
                franchisee for pursuing indemnification under this 
                subsection.
                    ``(B) Remedy and civil penalty.--Any franchisor who 
                violates subparagraph (A) shall be subject to a civil 
                penalty of $100,000.''.
    (h) Walsh-Healey Public Contracts Act.--
            (1) In general.--Section 6501b of title 41, United States 
        Code, as amended by section 202(a)(8), is further amended by 
        adding at the end the following:
    ``(c) 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 
applies, in any case where a franchisee of the franchisor is 
responsible for the rights and protections of this chapter for the 
individual.''.
            (2) Indemnification.--Section 6506b of title 41, United 
        States Code, as amended by section 202(c)(8), is further 
        amended by adding at the end the following:
    ``(f) Franchisees and Franchisors.--
            ``(1) Indemnification by franchisor.--A contractor, 
        subcontractor, 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 (2) from the 
        franchisor, in any case where the violation was--
                    ``(A) at the behest of the franchisor;
                    ``(B) at the direction of the franchisor;
                    ``(C) pursuant to any policies, agreements, or 
                contractual obligations emanating from the franchisor; 
                or
                    ``(D) due to other direct or indirect control or 
                pressure from the franchisor.
            ``(2) Process for and type of indemnification.--
        Indemnification under paragraph (1)--
                    ``(A) may be sought by a franchisee in any court of 
                competent jurisdiction; and
                    ``(B) shall include a full recovery from the 
                franchisor of all compensatory and punitive damages, 
                civil monetary penalties, attorney's fees, or other 
                amounts required to be paid by the franchisee as a 
                result of the violation of this chapter.
            ``(3) Prohibition on waiver.--
                    ``(A) In general.--A franchisor shall not require 
                or otherwise request a franchisee to waive the 
                franchisee's right to indemnification under this 
                subsection.
                    ``(B) Remedy and civil penalty.--If a franchisor 
                violates subparagraph (A)--
                            ``(i) any indemnification waiver obtained 
                        shall be null and void; and
                            ``(ii) the franchisor shall be subject to a 
                        civil penalty of $100,000.
            ``(4) Prohibition on retaliation.--
                    ``(A) In general.--A franchisor shall not end a 
                franchise agreement with, take adverse action in 
                relation to, or otherwise discriminate against, a 
                franchisee for pursuing indemnification under this 
                subsection.
                    ``(B) Remedy and civil penalty.--Any franchisor who 
                violates subparagraph (A) shall be subject to a civil 
                penalty of $100,000.''.
    (i) Family and Medical Leave Act of 1993.--
            (1) In general.--Section 101(4) of the Family and Medical 
        Leave Act of 1993 (29 U.S.C. 2611(4)), as amended by section 
        202(a)(9), is further amended by adding at the end the 
        following:
                    ``(F) Franchisors and franchisees.--A franchisor 
                shall also be responsible for the rights and 
                protections of this Act with regard to an employee, in 
                any case where a franchisee of the franchisor is 
                responsible for the rights and protections of this Act 
                for the employee.''.
            (2) Indemnification.--Section 107 of the Family and Medical 
        Leave Act of 1993 (29 U.S.C. 2617), as amended by section 
        202(c)(9), is further amended by inserting after subsection (f) 
        the following:
    ``(g) Franchisees and Franchisors.--
            ``(1) 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 (2) from the franchisor, in any case where the 
        violation was--
                    ``(A) at the behest of the franchisor;
                    ``(B) at the direction of the franchisor;
                    ``(C) pursuant to any policies, agreements, or 
                contractual obligations emanating from the franchisor; 
                or
                    ``(D) due to other direct or indirect control or 
                pressure from the franchisor.
            ``(2) Process for and type of indemnification.--
        Indemnification under paragraph (1)--
                    ``(A) may be sought by a franchisee in any court of 
                competent jurisdiction; and
                    ``(B) shall include a full recovery from the 
                franchisor of all compensatory and punitive damages, 
                civil monetary penalties, attorney's fees, or other 
                amounts required to be paid by the franchisee as a 
                result of the violation of this Act.
            ``(3) Prohibition on waiver.--
                    ``(A) In general.--A franchisor shall not require 
                or otherwise request a franchisee to waive the 
                franchisee's right to indemnification under this 
                subsection.
                    ``(B) Remedy and civil penalty.--If a franchisor 
                violates subparagraph (A)--
                            ``(i) any indemnification waiver obtained 
                        shall be null and void; and
                            ``(ii) the franchisor shall be subject to a 
                        civil penalty of $100,000.
            ``(4) Prohibition on retaliation.--
                    ``(A) In general.--A franchisor shall not end a 
                franchise agreement with, take adverse action in 
                relation to, or otherwise discriminate against, a 
                franchisee for pursuing indemnification under this 
                subsection.
                    ``(B) Remedy and civil penalty.--Any franchisor who 
                violates subparagraph (A) shall be subject to a civil 
                penalty of $100,000.''.
    (j) Federal Unemployment Tax Act (FUTA).--
            (1) In general.--Section 3306(w) of the Internal Revenue 
        Code of 1986, as amended by section 202(a)(10), is amended by 
        adding at the end the following new paragraphs:
            ``(5) Paragraph (7) of section 3(d) of such Act.
            ``(6) Subsection (i) of section 16 of such Act.''.
            (2) Effective date.--The amendment made by paragraph (1) 
        shall apply to services rendered on or after January 1, 2022.

SEC. 204. TEMPORARY STAFFING COMPANIES.

    (a) Responsibilities of Employers Utilizing Employees of Staffing 
Companies and Other Covered Employees.--
            (1) Fair labor standards act of 1938.--Section 3(d) of the 
        Fair Labor Standards Act of 1938 (29 U.S.C. 203(d)), as amended 
        by section 203(a)(1), is further amended by adding at the end 
        the following:
            ``(8) 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 (as defined in section 6(c)(1)) 
        provided by another employer to perform labor for the 
        employer.''.
            (2) National labor relations act.--Section 2(2) of the 
        National Labor Relations Act (29 U.S.C. 152(2)), as amended by 
        section 203(b)(1), is further amended by adding at the end the 
        following:
            ``(F) 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 (as defined in section 6(c)(1) of the 
        Fair Labor Standards Act of 1938 (29 U.S.C. 206(c)(1))) 
        provided by another employer to perform labor for the 
        employer.''.
            (3) Occupational safety and health act of 1970.--Section 
        3(5) of the Occupational Safety and Health Act of 1970 (29 
        U.S.C. 652(5)), as amended by section 203(c), is further 
        amended by adding at the end the following:
                    ``(G) 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 (as 
                defined in section 6(c)(1) of the Fair Labor Standards 
                Act (29 U.S.C. 206(c)(1))) provided by another employer 
                to perform labor for the employer.''.
            (4) Federal mine safety and health act of 1977.--Section 4B 
        of the Federal Mine Safety and Health Act of 1977, as amended 
        by section 203(d)(1), is further amended by adding at the end 
        the following:
    ``(d) 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 (as defined in section 6(c)(1) of the 
Fair Labor Standards Act (29 U.S.C. 206(c)(1))) provided by another 
employer to perform labor as miners for the operator.''.
            (5) Migrant and seasonal agricultural worker protection 
        act.--Section 5(c) of the Migrant and Seasonal Agricultural 
        Worker Protection Act, as amended by section 203(e), is further 
        amended by adding at the end the following:
            ``(5) Employers of employees of staffing companies and 
        other covered employees.--A farm labor contractor, agricultural 
        employer, 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--
                    ``(A) are covered employees (as defined in section 
                6(c)(1) of the Fair Labor Standards Act of 1938); and
                    ``(B) are provided by another employer to perform 
                labor for the farm labor contractor, agricultural 
                employer, or agricultural association.''.
            (6) Davis-bacon act.--Section 3144b of title 40, United 
        States Code, as amended by section 203(f)(1), is further 
        amended by adding at the end the following:
    ``(d) 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 
(as defined in section 6(c)(1) of the Fair Labor Standards Act (29 
U.S.C. 206(c)(1))) provided by another employer to perform labor for 
the contractor or subcontractor under a contract to which this 
subchapter applies.''.
            (7) McNamara-O'Hara service contract act.--Section 6701a of 
        title 41, United States Code, as amended by section 203(g), is 
        further amended by adding at the end the following:
    ``(d) 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 (as defined in section 
6(c)(1) of the Fair Labor Standards Act (29 U.S.C. 206(c)(1))) provided 
by another employer to perform labor for the contractor under a 
contract to which this chapter applies.''.
            (8) Walsh-healey public contracts act.--Section 6501b of 
        title 41, United States Code, as amended by section 203(h), is 
        further amended by adding at the end the following:
    ``(d) 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 (as defined in section 6(c)(1) of 
the Fair Labor Standards Act (29 U.S.C. 206(c)(1))) provided by another 
employer to perform labor in the manufacture or furnishing of 
materials, supplies, articles, or equipment for the contractor under a 
contract to which this chapter applies.''.
            (9) Family and medical leave act of 1993.--Section 101(4) 
        of the Family and Medical Leave Act of 1993 (29 U.S.C. 
        2611(4)), as amended by section 203(i), is further amended by 
        adding at the end the following:
                    ``(G) 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 (as 
                defined in section 6(c)(1) of the Fair Labor Standards 
                Act of 1938 (29 U.S.C. 206(c)(1))) provided by another 
                employer to perform labor for the employer.''.
            (10) Federal unemployment tax act (futa).--
                    (A) In general.--Section 3306(w) of the Internal 
                Revenue Code of 1986, as amended by section 203(j), is 
                amended by adding at the end the following new 
                paragraph:
            ``(7) Paragraph (8) of section 3(d) of such Act.''.
                    (B) Effective date.--The amendment made by 
                subparagraph (A) shall apply to services rendered on or 
                after January 1, 2022.
    (b) Equitable Treatment for Employees of Staffing Companies and 
Other Covered Employees.--
            (1) In general.--Section 6 of the Fair Labor Standards Act 
        of 1938 (29 U.S.C. 206) is amended by inserting after 
        subsection (b) the following:
    ``(c) Employees of Staffing Companies and Other Covered 
Employees.--
            ``(1) Definition of covered employee.--In this subsection, 
        the term `covered employee' means an employee provided by 
        another employer to perform labor for the employer, including a 
        temporary or short-term contract employee.
            ``(2) Wages for covered employees.--
                    ``(A) In general.--No employer shall pay wages to a 
                covered employee provided by another employer to 
                perform labor for the employer, or allow a covered 
                employee provided by another employer to perform labor 
                for the employer at wages, 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 skill, effort, and responsibility, and which 
                are performed under similar working conditions, except 
                as provided in subparagraph (B).
                    ``(B) Exceptions.--An employer may pay a covered 
                employee a wage at a rate less than the wage rate 
                required under subparagraph (A) if--
                            ``(i) such payment is made pursuant to--
                                    ``(I) a seniority system;
                                    ``(II) a merit system;
                                    ``(III) a system that measures rate 
                                of pay by quantity or quality of 
                                production; or
                                    ``(IV) a differential based on any 
                                lawful factor other than employment 
                                status; and
                            ``(ii) the rate is not less than 80 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 skill, 
                        effort, and responsibility, and which are 
                        performed under similar working conditions.
            ``(3) Increased wages for covered employees.--
                    ``(A) 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 employees, the employer for whom 
                the labor is being performed shall pay the covered 
                employee, or require the employer providing the covered 
                employee to pay the covered employee, a wage rate that, 
                subject to subparagraph (B), is not less than the sum 
                of--
                            ``(i) the wage rate required under 
                        paragraph (2); and
                            ``(ii) the lesser of--
                                    ``(I) an amount equal to 25 percent 
                                of the wage rate required under 
                                paragraph (2); or
                                    ``(II) the amount the employee 
                                would have to pay to secure equivalent 
                                benefits without an employer's 
                                assistance.
                    ``(B) Minimum.--In no case shall the minimum wage 
                rate required under subparagraph (A) be less than 125 
                percent of the minimum wage rate required under 
                subsection (a)(1).''.
            (2) Limiting exemptions.--Section 13 of the Fair Labor 
        Standards Act of 1938 (29 U.S.C. 213) is amended--
                    (A) in the matter preceding paragraph (1) of 
                subsection (a), by inserting ``and section 6(c)'' after 
                ``this subsection'';
                    (B) in subsection (d), by inserting ``(except for 
                subsection (c) of such section)'' after ``sections 6''; 
                and
                    (C) in subsection (f), by inserting ``(except for 
                subsection (c) of such section)'' after ``sections 6''.
    (c) New Protections for Employees of Staffing Companies and Other 
Covered Employees.--
            (1) In general.--Section 9 of the Fair Labor Standards Act 
        of 1938, as added by section 102(a)(6)(C)(i), is further 
        amended by adding at the end the following:
    ``(b) Protections for Employees of Staffing Companies and Other 
Covered Employees.--
            ``(1) Definition of covered employee.--In this subsection, 
        the term `covered employee' has the meaning given the term in 
        section 6(c)(1).
            ``(2) Registration of providing employers.--
                    ``(A) In general.--Each employer that provides 
                covered employees to perform labor for another employer 
                shall register with the Secretary each year, in 
                accordance with this subsection and regulations of the 
                Secretary. Each such providing employer shall include 
                with the registration--
                            ``(i) proof of an employer account number 
                        for the purposes of the payment of unemployment 
                        insurance contributions;
                            ``(ii) proof of valid workers' compensation 
                        insurance in effect at the time of registration 
                        and covering all covered employees performing 
                        labor for the employer; and
                            ``(iii) a report containing the information 
                        described in paragraph (7)(A)(ix), 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 office.
                    ``(B) Registration fee.--The Secretary shall assess 
                each employer that registers under subparagraph (A) a 
                nonrefundable registration fee equal to the sum of--
                            ``(i) $1,000 per year; and
                            ``(ii) an additional $250 for each branch 
                        office of the employer.
                    ``(C) Immediate reporting of workers' compensation 
                lapse.--In any case where the workers' compensation 
                insurance of an employer required to register under 
                subparagraph (A) lapses--
                            ``(i) the employer shall report the lapse 
                        to the Secretary; and
                            ``(ii) the Secretary shall suspend the 
                        employer's registration until the employer's 
                        workers' compensation insurance is reinstated.
                    ``(D) Authority to deny, suspend, or revoke 
                registration.--
                            ``(i) In general.--The Secretary shall have 
                        the authority to deny, suspend, or revoke the 
                        registration of an employer under subparagraph 
                        (A) if warranted by violations of this 
                        subsection or of any other Federal, State, or 
                        local worker protection law.
                            ``(ii) Duty to notify.--An employer whose 
                        registration under subparagraph (A) is denied, 
                        suspended, or revoked shall notify, both by 
                        telephone and in writing, each of its covered 
                        employees and each of the employers for whom 
                        its covered employees perform labor within 24 
                        hours of any denial, suspension, or revocation 
                        of its registration.
                    ``(E) Ineligibility.--An employer requesting to 
                register with the Secretary under subparagraph (A) is 
                ineligible if, within the 5 years immediately preceding 
                the date of the employer's registration request, the 
                employer or any of its officers, directors, partners, 
                or managers, or any owner of 25 percent or greater 
                beneficial interest, has been involved, as officer, 
                director, partner, manager, or owner, in another 
                employer whose registration under such subparagraph was 
                revoked or suspended without being reinstated.
                    ``(F) Website.--The Secretary shall create and 
                maintain a public website that includes--
                            ``(i) a list of all employers whose 
                        registration under subparagraph (A) is in good 
                        standing;
                            ``(ii) a list of all employers whose 
                        registration under subparagraph (A) has been 
                        suspended, including the reason for the 
                        suspension, the date the suspension was 
                        initiated, and, if known, the date the 
                        suspension is to be lifted; and
                            ``(iii) a list of all employers whose 
                        registration under subparagraph (A) has been 
                        revoked, including the reason for the 
                        revocation and the date the registration was 
                        revoked.
            ``(3) Employers for whom employees perform labor.--
                    ``(A) 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 (2)(A).
                    ``(B) Verification.--
                            ``(i) 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 employer, and at 
                        annual intervals thereafter.
                            ``(ii) 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 (2)(A) before 
                        entering into any contract or other agreement 
                        with the receiving employer.
                    ``(C) List of registered employers.--Upon request, 
                the Secretary shall provide to any requesting party a 
                list of employers registered under paragraph (2)(A) and 
                an employer may rely in good faith on the information 
                on such list provided by the Secretary.
            ``(4) No work restrictions.--No employer that provides a 
        covered employee to perform labor for another employer shall--
                    ``(A) restrict the right of a covered employee to 
                accept direct employment with an employer for whom the 
                covered employee has performed labor;
                    ``(B) restrict the right of an employer for whom 
                the covered employee has performed labor to offer such 
                direct employment; or
                    ``(C) charge any fee, either to the covered 
                employee or an employer for whom the covered employee 
                has performed labor, for the covered employee 
                converting to direct employment with such employer.
            ``(5) Prohibition on permatemp workers.--
                    ``(A) Conversion of temporary workers to direct 
                employees.--After a covered employee performs labor for 
                an employer for 1,040 total hours during any 12-month 
                period, such employer shall convert the covered 
                employee to a direct employee of such employer.
                    ``(B) Prohibitions on evasion.--
                            ``(i) 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 subsection.
                            ``(ii) 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 subsection.
            ``(6) Employment notices.--
                    ``(A) In general.--Whenever an employer agrees to 
                provide 1 or more covered employees to perform labor 
                for another employer, the providing employer shall 
                provide to each covered employee and to the other 
                employer, at the time of dispatch, a statement 
                containing the following information on a form approved 
                by the Secretary:
                            ``(i) The name of the covered employee.
                            ``(ii) The name, address, and phone number 
                        of the providing employer that has agreed to 
                        the dispatch.
                            ``(iii) The name, address, and phone number 
                        of the employer for whom the covered employee 
                        will perform labor.
                            ``(iv) The name, address, and phone number 
                        of the providing employer's workers' 
                        compensation insurance carrier.
                            ``(v) The address and phone number of the 
                        nearest regional office of the Department of 
                        Labor.
                            ``(vi) The name of the position, the nature 
                        of the work to be performed, and the types of 
                        equipment, clothing, and training that are 
                        required for the task.
                            ``(vii) The wages offered, including the 
                        hourly rate of pay and the hourly rate of 
                        overtime pay, should overtime hours be 
                        performed.
                            ``(viii) The designated pay day.
                            ``(ix) The anticipated daily start times 
                        and daily end times.
                            ``(x) The anticipated duration of the 
                        dispatch.
                            ``(xi) The terms of transportation.
                            ``(xii) Whether meals or equipment, or 
                        both, are provided and the cost of the meal and 
                        equipment to the covered employee, if any.
                    ``(B) 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 
                1 day, the providing employer is required to provide 
                the employment information described in subparagraph 
                (A) only on--
                            ``(i) the first day of the assignment; and
                            ``(ii) if any of the terms described in 
                        subparagraph (A) are changed, the first day of 
                        such change.
                    ``(C) 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 
                day, the providing employer shall, upon request, 
                provide the covered employee with a written and signed 
                confirmation that the covered employee sought work, 
                which shall include the name of the providing employer, 
                the name and address of the covered employee, and the 
                date and time that the covered employee received the 
                confirmation.
                    ``(D) No covered employees during labor disputes.--
                No employer may provide a covered employee to perform 
                labor at any workplace where a strike, lockout, or 
                other labor dispute exists.
            ``(7) Recordkeeping.--
                    ``(A) Providing employer.--Whenever an employer 
                provides covered employees to perform labor for another 
                employer, the providing employer shall keep the 
                following records with respect to the covered 
                employees:
                            ``(i) The name, address, and telephone 
                        number for each employer to whom covered 
                        employees were sent to perform labor, including 
                        each worksite to which covered employees were 
                        sent, and the date of the transaction 
                        effectuating the agreement between employers.
                            ``(ii) For each covered employee, the name, 
                        address, and specific location of the worksite, 
                        the type of labor performed, the number of 
                        hours worked, and the hourly rate of pay.
                            ``(iii) The name and title of all 
                        individuals responsible for the transaction on 
                        behalf of the employer for whom the covered 
                        employee is performing labor.
                            ``(iv) Any specific qualifications or 
                        attributes of an employee that are requested by 
                        the employer for whom the covered employee 
                        performs labor.
                            ``(v) Copies of all contracts (if any) or 
                        other agreements with, and all invoices from, 
                        the employer for whom the covered employee 
                        performs labor.
                            ``(vi) Copies of all employment notices 
                        provided in accordance with paragraph (6)(A).
                            ``(vii) Deductions to be made from the 
                        covered employee's compensation, made by either 
                        the providing employer or the employer for whom 
                        the covered employee performs labor, for the 
                        covered employee's transportation, food, 
                        equipment, withheld income tax, withheld social 
                        security payments, and any other deduction.
                            ``(viii) Documentation verifying the actual 
                        cost of any equipment or meal charged to a 
                        covered employee.
                            ``(ix) The race and gender of each covered 
                        employee performing labor.
                            ``(x) Any additional information as shall 
                        be required by regulation of the Secretary.
                    ``(B) Transmission requirements.--
                            ``(i) In general.--The employer for whom 
                        the covered employee is performing labor shall 
                        transmit all information required under 
                        subparagraph (A)(ii) to the employer who has 
                        provided such covered employee not later than 7 
                        days following the last day of the work week 
                        worked for which the covered employee performed 
                        work for the employer.
                            ``(ii) 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 subsection.
            ``(8) Meals.--If a covered employee is provided with a 
        meal, the covered employee shall not be charged more than the 
        actual cost of the meal. A covered employee shall not be 
        charged for any meal not consumed by the covered employee. 
        Purchase of a meal by a covered employee shall not be a 
        condition of employment or performance of labor.
            ``(9) Transportation.--
                    ``(A) 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 
                labor.
                    ``(B) 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 transport, unless the transporter is a part of 
                public mass transportation or a common carrier.
                    ``(C) 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--
                            ``(i) part of public mass transportation; 
                        or
                            ``(ii) providing the transportation for no 
                        fee.
                    ``(D) 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 vehicle.
                    ``(E) 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 labor, 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 
                shift.
                    ``(F) 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 exist, the 
                providing employer shall--
                            ``(i) refund the covered employee's 
                        reasonable transportation costs; and
                            ``(ii) pay the covered employee 
                        compensation equivalent to 2 hours of work.
            ``(10) Equipment.--For any safety equipment, specialized 
        clothing, accessories, or any other items required by the 
        nature of the work, either by law, custom, or the employer for 
        whom a covered employee is performing labor, the covered 
        employee--
                    ``(A) shall not be charged for the items provided 
                by the providing employer or the employer for whom the 
                covered employee is performing labor, unless the 
                covered employee negligently damages or destroys such 
                items; and
                    ``(B) if the covered employee is required to 
                purchase any such items, the employer for whom the 
                covered employee is performing labor shall refund the 
                cost of such items, including any related shipping or 
                handling, to the covered employee.
            ``(11) Other charges.--No covered employee shall be charged 
        by the employer who is providing the covered employee to 
        perform labor, or the employer for whom the covered employee is 
        performing work, for any of the following:
                    ``(A) Registering with the covered employee's 
                providing employer.
                    ``(B) Obtaining work assignments.
                    ``(C) Drug tests.
                    ``(D) Background checks.
                    ``(E) Debit cards used for payment of wages or any 
                other method of wage payment.''.
            (2) Penalties.--
                    (A) Prohibited acts.--Section 15(a) of the Fair 
                Labor Standards Act of 1938 (29 U.S.C. 215(a)), as 
                amended by section 102(a)(3)(B), is further amended by 
                adding at the end the following:
            ``(8) to violate any of the provisions of section 9(b).''.
                    (B) Penalties.--Section 16(e) of the Fair Labor 
                Standards Act of 1938 (29 U.S.C. 216(e)), as amended by 
                section 102(a)(7)(B), is further amended by adding at 
                the end the following:
    ``(9) Fines and Penalties Regarding Temporary and Other Covered 
Employees.--
            ``(A) In general.--The Secretary may, after notice and an 
        opportunity for a hearing, assess a civil penalty not to exceed 
        $6,000 against any employer that violates any of the provisions 
        of section 9(b) (except for paragraph (2)(A) or (3) of such 
        section). Each violation of such section 9(b) for each day of 
        the violation and for each covered employee shall constitute a 
        separate and distinct violation of such section 9(b).
            ``(B) Registration violations.--The Secretary may, after 
        notice and an opportunity for a hearing, assess a civil penalty 
        against any employer that fails to register with the Secretary 
        of Labor in accordance with section 9(b)(2)(A), including any 
        rules issued under such section, of $500 per violation. Each 
        day during which an employer operates without registering shall 
        be a separate and distinct violation of such section.
            ``(C) Civil penalty.--Any employer for whom a covered 
        employee performs labor that violates section 9(b)(3) shall be 
        subject to a civil penalty of $500. Each day during which such 
        employer contracts with a covered employee's employer who is 
        not registered with the Secretary of Labor under section 
        9(b)(2)(A) shall constitute a separate and distinct offense.
            ``(D) Revocation.--The Secretary may revoke the 
        registration of an employer under section 9(b)(2)(A) in any 
        case where an employer willfully, as determined by the 
        Department, commits a violation of this section within 3 years 
        of an earlier violation of such section.''.

SEC. 205. LICENSORS.

    (a) Fair Labor Standards Act of 1938.--
            (1) In general.--Section 3(d) of the Fair Labor Standards 
        Act of 1938 (29 U.S.C. 203(d)), as amended by section 
        204(a)(1), is further amended by adding at the end the 
        following:
            ``(9) Licensors.--An entity licensing its brand, name, or 
        other likeness to an employer, or other entity responsible for 
        the rights and protections of this Act with regard to the 
        employees of such employer, for consideration shall also be 
        responsible for the rights and protections of this Act with 
        regard to the employees of such employer.''.
            (2) Indemnification.--Section 16 of the Fair Labor 
        Standards Act of 1938, as amended by section 203(a)(2), is 
        further amended by adding at the end the following:
    ``(j) Licensees and Licensors.--
            ``(1) 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 (2) from 
        an entity licensing its brand, name, or other likeness to the 
        employer or other entity, in any case where the violation was--
                    ``(A) at the behest of the licensor;
                    ``(B) at the direction of the licensor;
                    ``(C) pursuant to any policies, agreements, or 
                contractual obligations emanating from the licensor; or
                    ``(D) due to other direct or indirect control or 
                pressure from the licensor.
            ``(2) Process for and type of indemnification.--
        Indemnification under paragraph (1)--
                    ``(A) may be sought by a licensee in any court of 
                competent jurisdiction; and
                    ``(B) shall include a full recovery from the 
                licensor of all compensatory and punitive damages, 
                civil monetary penalties, attorney's fees, or other 
                amounts required to be paid by the licensee as a result 
                of the violation of this Act.
            ``(3) Prohibition on waiver.--
                    ``(A) In general.--A licensor shall not require or 
                otherwise request a licensee to waive the licensee's 
                right to indemnification under this subsection.
                    ``(B) Penalty.--If a licensor violates subparagraph 
                (A)--
                            ``(i) any indemnification waiver shall be 
                        null and void; and
                            ``(ii) the licensor shall be subject to a 
                        civil penalty of $100,000.
            ``(4) Prohibition on retaliation.--
                    ``(A) In general.--A licensor shall not end the 
                license agreement with, take adverse action in relation 
                to, or otherwise discriminate against, a licensee for 
                pursuing indemnification under this subsection.
                    ``(B) Penalty.--A licensor who violates 
                subparagraph (A) shall be subject to a civil penalty of 
                $100,000.''.
    (b) National Labor Relations Act.--
            (1) In general.--Section 2(2) of the National Labor 
        Relations Act (29 U.S.C. 152(2)), as amended by section 
        204(a)(2), is further amended by adding at the end the 
        following:
            ``(G) Licensors.--An entity licensing its brand, name, or 
        other likeness to an employer, or other entity responsible for 
        the rights and protections of this Act with regard to the 
        employees of such employer, for consideration shall also be 
        responsible for the rights and protections of this Act with 
        regard to the employees of such employer.''.
            (2) Indemnification.--Section 12 of the National Labor 
        Relations Act (29 U.S.C. 162), as amended by section 203(b)(2), 
        is further amended by adding at the end the following:
    ``(h) Licensees and Licensors.--
            ``(1) 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 (2) from 
        an entity licensing its brand, name, or other likeness to the 
        employer or other entity, in any case where the violation was--
                    ``(A) at the behest of the licensor;
                    ``(B) at the direction of the licensor;
                    ``(C) pursuant to any policies, agreements, or 
                contractual obligations emanating from the licensor; or
                    ``(D) due to other direct or indirect control or 
                pressure from the licensor.
            ``(2) Process for and type of indemnification.--
        Indemnification under paragraph (1)--
                    ``(A) may be sought by a licensee in any court of 
                competent jurisdiction; and
                    ``(B) shall include a full recovery from the 
                licensor of all compensatory and punitive damages, 
                civil monetary penalties, attorney's fees, or other 
                amounts required to be paid by the licensee as a result 
                of the violation of this Act.
            ``(3) Prohibition on waiver.--
                    ``(A) In general.--A licensor shall not require or 
                otherwise request a licensee to waive the licensee's 
                right to indemnification under this subsection.
                    ``(B) Penalty.--If a licensor violates subparagraph 
                (A)--
                            ``(i) any indemnification waiver shall be 
                        null and void; and
                            ``(ii) the licensor shall be subject to a 
                        civil penalty of $100,000.
            ``(4) Prohibition on retaliation.--
                    ``(A) In general.--A licensor shall not end the 
                license agreement with, take adverse action in relation 
                to, or otherwise discriminate against, a licensee for 
                pursuing indemnification under this subsection.
                    ``(B) Penalty.--A licensor who violates 
                subparagraph (A) shall be subject to a civil penalty of 
                $100,000.''.
    (c) Occupational Safety and Health Act of 1970.--
            (1) In general.--Section 3(5) of the Occupational Safety 
        and Health Act of 1970 (29 U.S.C. 652(5)), as amended by 
        section 204(a)(3), is further amended by adding at the end the 
        following:
                    ``(H) Licensors.--An entity licensing its brand, 
                name, or other likeness to an employer, or other entity 
                responsible for the rights and protections of this Act 
                with regard to the employees of an employer, or other 
                entity responsible for the rights and protections of 
                this Act with regard to the employees of such employer, 
                for consideration shall also be responsible for the 
                rights and protections of this Act with regard to the 
                employees of such employer.''.
            (2) Indemnification.--Section 17 of the Occupational Safety 
        and Health Act of 1970 (29 U.S.C. 666), as amended by section 
        203(c)(2), is further amended by adding at the end the 
        following:
    ``(p) Licensees and Licensors.--
            ``(1) 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 (2) from 
        an entity licensing its brand, name, or other likeness to the 
        employer or other entity, in any case where the violation was--
                    ``(A) at the behest of the licensor;
                    ``(B) at the direction of the licensor;
                    ``(C) pursuant to any policies, agreements, or 
                contractual obligations emanating from the licensor; or
                    ``(D) due to other direct or indirect control or 
                pressure from the licensor.
            ``(2) Process for and type of indemnification.--
        Indemnification under paragraph (1)--
                    ``(A) may be sought by a licensee in any court of 
                competent jurisdiction; and
                    ``(B) shall include a full recovery from the 
                licensor of all compensatory and punitive damages, 
                civil monetary penalties, attorney's fees, or other 
                amounts required to be paid by the licensee as a result 
                of the violation of this Act.
            ``(3) Prohibition on waiver.--
                    ``(A) In general.--A licensor shall not require or 
                otherwise request a licensee to waive the licensee's 
                right to indemnification under this subsection.
                    ``(B) Penalty.--If a licensor violates subparagraph 
                (A)--
                            ``(i) any indemnification waiver shall be 
                        null and void; and
                            ``(ii) the licensor shall be subject to a 
                        civil penalty of $100,000.
            ``(4) Prohibition on retaliation.--
                    ``(A) In general.--A licensor shall not end the 
                license agreement with, take adverse action in relation 
                to, or otherwise discriminate against, a licensee for 
                pursuing indemnification under this subsection.
                    ``(B) Penalty.--A licensor who violates 
                subparagraph (A) shall be subject to a civil penalty of 
                $100,000.''.
    (d) Federal Mine Safety and Health Act of 1977.--
            (1) In general.--Section 4B of the Federal Mine Safety and 
        Health Act of 1977, as amended by section 204(a)(4), is further 
        amended by adding at the end the following:
    ``(e) Licensors.--An entity licensing its brand, name, or other 
likeness to an operator of a coal or other mine, or other entity 
responsible for the rights and protections of this Act with regard to 
the miners employed by such operator, for consideration shall also be 
responsible for the rights and protections of this Act with regard to 
the miners employed by such operator.''.
            (2) Indemnification.--Section 118 of the Federal Mine 
        Safety and Health Act of 1977, as amended by section 203(d)(2), 
        is further amended by adding at the end the following:
    ``(d) Licensees and Licensors.--
            ``(1) 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 (2) from 
        an entity licensing its brand, name, or other likeness to the 
        operator or other entity, in any case where the violation was--
                    ``(A) at the behest of the licensor;
                    ``(B) at the direction of the licensor;
                    ``(C) pursuant to any policies, agreements, or 
                contractual obligations emanating from the licensor; or
                    ``(D) due to other direct or indirect control or 
                pressure from the licensor.
            ``(2) Process for and type of indemnification.--
        Indemnification under paragraph (1)--
                    ``(A) may be sought by a licensee in any court of 
                competent jurisdiction; and
                    ``(B) shall include a full recovery from the 
                licensor of all compensatory and punitive damages, 
                civil monetary penalties, attorney's fees, or other 
                amounts required to be paid by the licensee as a result 
                of the violation of this Act.
            ``(3) Prohibition on waiver.--
                    ``(A) In general.--A licensor shall not require or 
                otherwise request a licensee to waive the licensee's 
                right to indemnification under this subsection.
                    ``(B) Penalty.--If a licensor violates subparagraph 
                (A)--
                            ``(i) any indemnification waiver shall be 
                        null and void; and
                            ``(ii) the licensor shall be subject to a 
                        civil penalty of $100,000.
            ``(4) Prohibition on retaliation.--
                    ``(A) In general.--A licensor shall not end the 
                license agreement with, take adverse action in relation 
                to, or otherwise discriminate against, a licensee for 
                pursuing indemnification under this subsection.
                    ``(B) Penalty.--A licensor who violates 
                subparagraph (A) shall be subject to a civil penalty of 
                $100,000.''.
    (e) Migrant and Seasonal Agricultural Worker Protection Act.--
            (1) In general.--Section 5(c) of the Migrant and Seasonal 
        Agricultural Worker Protection Act, as amended by section 
        204(a)(5), is further amended by adding at the end the 
        following:
            ``(6) Licensors.--An entity licensing its brand, name, or 
        other likeness to a farm labor contractor, agricultural 
        employer, or agricultural association, 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 contractor, agricultural 
        employer, or agricultural association, for consideration shall 
        also be responsible for the rights and protections of this Act 
        with regard to such migrant agricultural workers and seasonal 
        agricultural workers.''.
            (2) Indemnification.--Section 505 of the Migrant and 
        Seasonal Agricultural Worker Protection Act, as amended by 
        section 203(e)(2), is further amended by adding at the end the 
        following:
    ``(d) Licensees and Licensors.--
            ``(1) Indemnification by licensor.--A farm labor 
        contractor, agricultural employer, agricultural association, or 
        other entity that is found to be in violation of this Act shall 
        have the right to indemnification as described in paragraph (2) 
        from an entity licensing its brand, name, or other likeness to 
        the farm labor contractor, agricultural employer, agricultural 
        association, or other entity, in any case where the violation 
        was--
                    ``(A) at the behest of the licensor;
                    ``(B) at the direction of the licensor;
                    ``(C) pursuant to any policies, agreements, or 
                contractual obligations emanating from the licensor; or
                    ``(D) due to other direct or indirect control or 
                pressure from the licensor.
            ``(2) Process for and type of indemnification.--
        Indemnification under paragraph (1)--
                    ``(A) may be sought by a licensee in any court of 
                competent jurisdiction; and
                    ``(B) shall include a full recovery from the 
                licensor of all compensatory and punitive damages, 
                civil monetary penalties, attorney's fees, or other 
                amounts required to be paid by the licensee as a result 
                of the violation of this Act.
            ``(3) Prohibition on waiver.--
                    ``(A) In general.--A licensor shall not require or 
                otherwise request a licensee to waive the licensee's 
                right to indemnification under this subsection.
                    ``(B) Penalty.--If a licensor violates subparagraph 
                (A)--
                            ``(i) any indemnification waiver shall be 
                        null and void; and
                            ``(ii) the licensor shall be subject to a 
                        civil penalty of $100,000.
            ``(4) Prohibition on retaliation.--
                    ``(A) In general.--A licensor shall not end the 
                license agreement with, take adverse action in relation 
                to, or otherwise discriminate against, a licensee for 
                pursuing indemnification under this subsection.
                    ``(B) Penalty.--A licensor who violates 
                subparagraph (A) shall be subject to a civil penalty of 
                $100,000.''.
    (f) Davis-Bacon Act.--
            (1) In general.--Section 3144b of title 40, United States 
        Code, as amended by section 204(a)(6), is further amended by 
        adding at the end the following:
    ``(e) Licensors.--An entity licensing its brand, name, or other 
likeness to a contractor or subcontractor, or other entity responsible 
for the rights and protections of this subchapter with regard to the 
laborers or mechanics of such contractor or subcontractor, for 
consideration shall also be responsible for the rights and protections 
of this subchapter with regard to such laborers or mechanics.''.
            (2) Indemnification.--Section 3144c of title 40, United 
        States Code, as amended by section 203(f)(2), is further 
        amended by adding at the end the following:
    ``(g) Licensees and Licensors.--
            ``(1) Indemnification by licensor.--A contractor, 
        subcontractor, or other entity that is found to be in violation 
        of this subchapter shall have the right to indemnification as 
        described in paragraph (2) from an entity licensing its brand, 
        name, or other likeness to the employer or other entity, in any 
        case where the violation was--
                    ``(A) at the behest of the licensor;
                    ``(B) at the direction of the licensor;
                    ``(C) pursuant to any policies, agreements, or 
                contractual obligations emanating from the licensor; or
                    ``(D) due to other direct or indirect control or 
                pressure from the licensor.
            ``(2) Process for and type of indemnification.--
        Indemnification under paragraph (1)--
                    ``(A) may be sought by a licensee in any court of 
                competent jurisdiction; and
                    ``(B) shall include a full recovery from the 
                licensor of all compensatory and punitive damages, 
                civil monetary penalties, attorney's fees, or other 
                amounts required to be paid by the licensee as a result 
                of the violation of this subchapter.
            ``(3) Prohibition on waiver.--
                    ``(A) In general.--A licensor shall not require or 
                otherwise request a licensee to waive the licensee's 
                right to indemnification under this subsection.
                    ``(B) Penalty.--If a licensor violates subparagraph 
                (A)--
                            ``(i) any indemnification waiver shall be 
                        null and void; and
                            ``(ii) the licensor shall be subject to a 
                        civil penalty of $100,000.
            ``(4) Prohibition on retaliation.--
                    ``(A) In general.--A licensor shall not end the 
                license agreement with, take adverse action in relation 
                to, or otherwise discriminate against, a licensee for 
                pursuing indemnification under this subsection.
                    ``(B) Penalty.--A licensor who violates 
                subparagraph (A) shall be subject to a civil penalty of 
                $100,000.''.
    (g) McNamara-O'Hara Service Contract Act.--
            (1) In general.--Section 6701a of title 41, United States 
        Code, as amended by section 204(a)(7), is further amended by 
        adding at the end the following:
    ``(e) Licensors.--An entity licensing its brand, name, or other 
likeness to a contractor, or other entity responsible for the rights 
and protections of this chapter with regard to the service employees of 
such contractor, for consideration shall also be responsible for the 
rights and protections of this chapter with regard to such service 
employees.''.
            (2) Indemnification.--Section 6707 of title 41, United 
        States Code, as amended by section 203(g)(2), is further 
        amended by adding at the end the following:
    ``(d) Licensees and Licensors.--
            ``(1) Indemnification by licensor.--A contractor, 
        subcontractor, or other entity that is found to be in violation 
        of this chapter shall have the right to indemnification as 
        described in paragraph (2) from an entity licensing its brand, 
        name, or other likeness to the employer or other entity, in any 
        case where the violation was--
                    ``(A) at the behest of the licensor;
                    ``(B) at the direction of the licensor;
                    ``(C) pursuant to any policies, agreements, or 
                contractual obligations emanating from the licensor; or
                    ``(D) due to other direct or indirect control or 
                pressure from the licensor.
            ``(2) Process for and type of indemnification.--
        Indemnification under paragraph (1)--
                    ``(A) may be sought by a licensee in any court of 
                competent jurisdiction; and
                    ``(B) shall include a full recovery from the 
                licensor of all compensatory and punitive damages, 
                civil monetary penalties, attorney's fees, or other 
                amounts required to be paid by the licensee as a result 
                of the violation of this chapter.
            ``(3) Prohibition on waiver.--
                    ``(A) In general.--A licensor shall not require or 
                otherwise request a licensee to waive the licensee's 
                right to indemnification under this subsection.
                    ``(B) Penalty.--If a licensor violates subparagraph 
                (A)--
                            ``(i) any indemnification waiver shall be 
                        null and void; and
                            ``(ii) the licensor shall be subject to a 
                        civil penalty of $100,000.
            ``(4) Prohibition on retaliation.--
                    ``(A) In general.--A licensor shall not end the 
                license agreement with, take adverse action in relation 
                to, or otherwise discriminate against, a licensee for 
                pursuing indemnification under this subsection.
                    ``(B) Penalty.--A licensor who violates 
                subparagraph (A) shall be subject to a civil penalty of 
                $100,000.''.
    (h) Walsh-Healey Public Contracts Act.--
            (1) In general.--Section 6501b of title 41, United States 
        Code, as amended by section 204(a)(8), is further amended by 
        adding at the end the following:
    ``(e) Licensors.--An entity licensing its brand, name, or other 
likeness to a contractor, or other entity responsible for the rights 
and protections of this chapter with regard to individuals employed in 
the manufacture or furnishing of materials, supplies, articles, or 
equipment under a contract to which this chapter applies by such 
contractor, for consideration shall also be responsible for the rights 
and protections of this chapter with regard to such individuals.''.
            (2) Indemnification.--Section 6506b of title 41, United 
        States Code, as amended by section 203(h)(2), is further 
        amended by adding at the end the following:
    ``(g) Licensees and Licensors.--
            ``(1) Indemnification by licensor.--A contractor, 
        subcontractor, or other entity that is found to be in violation 
        of this chapter shall have the right to indemnification as 
        described in paragraph (2) from an entity licensing its brand, 
        name, or other likeness to the employer or other entity, in any 
        case where the violation was--
                    ``(A) at the behest of the licensor;
                    ``(B) at the direction of the licensor;
                    ``(C) pursuant to any policies, agreements, or 
                contractual obligations emanating from the licensor; or
                    ``(D) due to other direct or indirect control or 
                pressure from the licensor.
            ``(2) Process for and type of indemnification.--
        Indemnification under paragraph (1)--
                    ``(A) may be sought by a licensee in any court of 
                competent jurisdiction; and
                    ``(B) shall include a full recovery from the 
                licensor of all compensatory and punitive damages, 
                civil monetary penalties, attorney's fees, or other 
                amounts required to be paid by the licensee as a result 
                of the violation of this chapter.
            ``(3) Prohibition on waiver.--
                    ``(A) In general.--A licensor shall not require or 
                otherwise request a licensee to waive the licensee's 
                right to indemnification under this subsection.
                    ``(B) Penalty.--If a licensor violates subparagraph 
                (A)--
                            ``(i) any indemnification waiver shall be 
                        null and void; and
                            ``(ii) the licensor shall be subject to a 
                        civil penalty of $100,000.
            ``(4) Prohibition on retaliation.--
                    ``(A) In general.--A licensor shall not end the 
                license agreement with, take adverse action in relation 
                to, or otherwise discriminate against, a licensee for 
                pursuing indemnification under this subsection.
                    ``(B) Penalty.--A licensor who violates 
                subparagraph (A) shall be subject to a civil penalty of 
                $100,000.''.
    (i) Family and Medical Leave Act of 1993.--
            (1) In general.--Section 101(4) of the Family and Medical 
        Leave Act of 1993 (29 U.S.C. 2611), as amended by section 
        204(a)(9), is further amended by adding at the end the 
        following:
                    ``(H) Licensors.--An entity licensing its brand, 
                name, 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 employer.''.
            (2) Indemnification.--Section 107 of the Family and Medical 
        Leave Act of 1993 (29 U.S.C. 2617), as amended by section 
        203(i)(2), by inserting after subsection (g) the following:
    ``(h) Licensees and Licensors.--
            ``(1) 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 (2) from 
        an entity licensing its brand, name, or other likeness to the 
        employer or other entity, in any case where the violation was--
                    ``(A) at the behest of the licensor;
                    ``(B) at the direction of the licensor;
                    ``(C) pursuant to any policies, agreements, or 
                contractual obligations emanating from the licensor; or
                    ``(D) due to other direct or indirect control or 
                pressure from the licensor.
            ``(2) Process for and type of indemnification.--
        Indemnification under paragraph (1)--
                    ``(A) may be sought by a licensee in any court of 
                competent jurisdiction; and
                    ``(B) shall include a full recovery from the 
                licensor of all compensatory and punitive damages, 
                civil monetary penalties, attorney's fees, or other 
                amounts required to be paid by the licensee as a result 
                of the violation of this Act.
            ``(3) Prohibition on waiver.--
                    ``(A) In general.--A licensor shall not require or 
                otherwise request a licensee to waive the licensee's 
                right to indemnification under this subsection.
                    ``(B) Penalty.--If a licensor violates subparagraph 
                (A)--
                            ``(i) any indemnification waiver shall be 
                        null and void; and
                            ``(ii) the licensor shall be subject to a 
                        civil penalty of $100,000.
            ``(4) Prohibition on retaliation.--
                    ``(A) In general.--A licensor shall not end the 
                license agreement with, take adverse action in relation 
                to, or otherwise discriminate against, a licensee for 
                pursuing indemnification under this subsection.
                    ``(B) Penalty.--A licensor who violates 
                subparagraph (A) shall be subject to a civil penalty of 
                $100,000.''.
    (j) Federal Unemployment Tax Act (FUTA).--
            (1) In general.--Section 3306(w) of the Internal Revenue 
        Code of 1986, as amended by section 204(a)(10), is amended by 
        adding at the end the following new paragraphs:
            ``(8) Paragraph (9) of section 3(d) of such Act.
            ``(9) Subsection (j) of section 16 of such Act.''.
            (2) Effective date.--The amendment made by paragraph (1) 
        shall apply to services rendered on or after January 1, 2022.

SEC. 206. LABOR CONTRACTORS.

    (a) Fair Labor Standards Act of 1938.--Section 3(d) of the Fair 
Labor Standards Act of 1938 (29 U.S.C. 203(d)), as amended by section 
205(a)(1), is further amended by adding at the end the following:
            ``(10) Labor contractors.--An employer shall also be 
        responsible for the rights and protections of this Act with 
        regard to an employee of a labor contractor, or any labor 
        subcontractors under a labor contractor, in any case where such 
        labor contractor or labor subcontractor is responsible for the 
        rights and protections of this Act with respect to the 
        employee.''.
    (b) National Labor Relations Act.--
            (1) In general.--Section 2(2) of the National Labor 
        Relations Act (29 U.S.C. 152(2)), as amended by section 205(b), 
        is further amended by adding at the end the following:
            ``(H) Labor contractors.--An employer shall also be 
        responsible for the rights and protections of this Act with 
        regard to an employee of a labor contractor, or any labor 
        subcontractors under a labor contractor, in any case where such 
        labor contractor or labor subcontractor is responsible for the 
        rights and protections of this Act with respect to the 
        employee.''.
            (2) Unfair labor practice.--Section 8(a) of the National 
        Labor Relations Act (29 U.S.C. 158(a)), as amended by section 
        102(b)(3)(B), is further amended by adding at the end the 
        following:
            ``(8) to reject contractors in whole or in part because the 
        contractors have workforces represented by labor organizations, 
        including--
                    ``(A) when the employer initially solicits bids for 
                a contract for an as-yet-unchosen contractor to provide 
                a good or service to the employer, by rejecting any 
                contractor in whole or in part because the contractor's 
                workforce is represented by a labor organization; or
                    ``(B) 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 7, 
                by--
                            ``(i) ending the employer's existing 
                        contract with the contractor;
                            ``(ii) not renewing the employer's existing 
                        contract with the contractor if the contract is 
                        set to expire; or
                            ``(iii) threatening to end or not renew the 
                        employer's existing contract with the 
                        contractor,
                 in whole or in part because of the labor organization 
                consideration or representation described in the matter 
                preceding clause (i).''.
    (c) Occupational Safety and Health Act of 1970.--Section 3(5) of 
the Occupational Safety and Health Act of 1970 (29 U.S.C. 652(5)), as 
amended by section 205(c)(1), is further amended by adding at the end 
the following:
                    ``(I) Labor contractors.--An employer shall also be 
                responsible for the rights and protections of this Act 
                with regard to an employee of a labor contractor, or 
                any labor subcontractors under a labor contractor, in 
                any case where such labor contractor or labor 
                subcontractor is responsible for the rights and 
                protections of this Act with respect to the 
                employee.''.
    (d) Federal Mine Safety and Health Act of 1977.--Section 4B of the 
Federal Mine Safety and Health Act of 1977, as amended by section 
205(d), is further amended by adding at the end the following:
    ``(f) 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 contractor, or any labor 
subcontractors under a labor contractor, in any case where such labor 
contractor or labor subcontractor is responsible for the rights and 
protections of this Act with respect to the miner.''.
    (e) Migrant and Seasonal Agricultural Worker Protection Act.--
Section 4(c) of the Migrant and Seasonal Agricultural Worker Protection 
Act, as amended by section 205(e)(1), is further amended by adding at 
the end the following:
            ``(7) Labor contractors.--A farm labor contractor, 
        agricultural employer, 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 contractor, or any labor 
        subcontractors under a labor contractor, 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 worker.''.
    (f) Davis-Bacon Act.--Section 3144b of title 40, United States 
Code, as amended by section 205(f)(1), is further amended by adding at 
the end the following:
    ``(f) 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 
contractor, or any labor subcontractors under a labor subcontractor, in 
any case where--
            ``(1) the employee is performing work under a contract to 
        which this subchapter applies; and
            ``(2) such labor subcontractor, or labor subcontractor of a 
        labor subcontractor, is responsible for the rights and 
        protections of this subchapter with respect to a laborer or 
        mechanic.''.
    (g) McNamara-O'Hara Service Contract Act.--Section 6701a of title 
41, United States Code, as amended by section 205(g), is further 
amended by adding at the end the following:
    ``(f) 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 contractor, or 
any labor subcontractors under a labor subcontractor, in any case 
where--
            ``(1) the employee is performing work under a contract to 
        which this chapter applies; and
            ``(2) such labor subcontractor, or labor subcontractor of a 
        labor subcontractor, is responsible for the rights and 
        protections of this chapter with respect to a service 
        employee.''.
    (h) Walsh-Healey Public Contracts Act.--Section 6501b of title 41, 
United States Code, as amended by section 205(h), is further amended by 
adding at the end the following:
    ``(f) 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 contractor, or 
any labor subcontractors under a labor subcontractor, in any case 
where--
            ``(1) the employee is employed in the manufacture or 
        furnishing of materials, supplies, articles, or equipment under 
        a contract to which this chapter applies; and
            ``(2) such labor subcontractor, or labor subcontractor of a 
        labor subcontractor, is responsible for the rights and 
        protections of this chapter with respect to the employee.''.
    (i) Family and Medical Leave Act of 1993.--Section 101(4) of the 
Family and Medical Leave Act of 1993 (29 U.S.C. 2611), as amended by 
section 205(i), is further amended by adding at the end the following:
                    ``(I) Labor contractors.--An employer shall also be 
                responsible for the rights and protections of this Act 
                with regard to an employee of a labor contractor, or 
                any labor subcontractors under a labor contractor, in 
                any case where such labor contractor or labor 
                subcontractor is responsible for the rights and 
                protections of this Act with respect to the 
                employee.''.
    (j) Federal Unemployment Tax Act (FUTA).--
            (1) In general.--Section 3306(w) of the Internal Revenue 
        Code of 1986, as amended by section 205(j), is amended by 
        adding at the end the following new paragraph:
            ``(10) Paragraph (10) of section 3(d) of such Act.''.
            (2) Effective date.--The amendment made by paragraph (1) 
        shall apply to services rendered on or after January 1, 2022.

SEC. 207. SUPPLY CHAIN RESPONSIBILITY PLAN.

    (a) Fair Labor Standards Act of 1938.--
            (1) Supply chain responsibility plan.--Section 11 of the 
        Fair Labor Standards Act of 1938 (29 U.S.C. 211) is amended by 
        adding at the end the following:
    ``(e) Supply Chain Responsibility Plan.--
            ``(1) Definitions.--In this subsection:
                    ``(A) Covered employer.--The term `covered 
                employer' means an employer that employs 100 or more 
                employees.
                    ``(B) Covered laws.--The term `covered laws' means 
                all of the following:
                            ``(i) This Act.
                            ``(ii) The National Labor Relations Act.
                            ``(iii) The Occupational Safety and Health 
                        Act of 1970.
                            ``(iv) The Federal Mine Safety and Health 
                        Act of 1977.
                            ``(v) The Migrant and Seasonal Agricultural 
                        Worker Protection Act.
                            ``(vi) Subchapter IV of chapter 31 of title 
                        40, United States Code (commonly known as the 
                        `Davis-Bacon Act').
                            ``(vii) Chapter 67 of title 41, United 
                        States Code (commonly known as the `McNamara-
                        O'Hara Service Contract Act').
                            ``(viii) Chapter 65 of title 41, United 
                        States Code (commonly known as the `Walsh-
                        Healey Public Contracts Act of 1936').
                            ``(ix) The Family and Medical Leave Act of 
                        1993.
                            ``(x) Violations of State law required 
                        under section 3304 of the Internal Revenue Code 
                        of 1986.
                            ``(xi) The applicable labor laws of any 
                        country in which an employer that is part of a 
                        covered employer's supply chain operates, with 
                        respect to employees employed in such country.
            ``(2) Development of plan.--Each covered employer shall 
        develop and carry out a supply chain responsibility plan 
        described in paragraph (3) that describes how the employer will 
        attempt to ensure that the employer's primary supply chain does 
        not include any employer that regularly violates--
                    ``(A) an individual covered law; or
                    ``(B) the covered laws, when considered as a whole.
            ``(3) Contents.--Each supply chain responsibility plan 
        shall include, at a minimum--
                    ``(A) an assessment of--
                            ``(i) the violations under each covered law 
                        by each employer with more than 19 employees in 
                        the covered employer's supply chain; and
                            ``(ii) the violations under each covered 
                        law by each employer that provides a large 
                        volume or dollar amount of the covered 
                        employer's supply chain;
                    ``(B) a plan for--
                            ``(i) removing from the covered employer's 
                        supply chain each employer described in 
                        subparagraph (A) that regularly violates--
                                    ``(I) an individual covered law; or
                                    ``(II) the covered laws, when 
                                considered as a whole; or
                            ``(ii) if clause (i) is not possible with 
                        respect to a particular employer described in 
                        subparagraph (A) due to an extremely limited 
                        number of employers that could fulfill specific 
                        portions of the covered employer's supply 
                        chain, utilizing the leverage that the covered 
                        employer has as a purchaser to pressure the 
                        particular employer to improve compliance with 
                        the covered laws;
                    ``(C) a list of the organizations that the covered 
                employer has identified to assist the covered employer 
                in this process, including workers' rights advocates; 
                and
                    ``(D) any other information the Secretary 
                determines necessary.
            ``(4) 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 website.''.
            (2) Penalties.--Section 16(e) of the Fair Labor Standards 
        Act of 1938 (29 U.S.C. 216(e)), as amended by section 
        204(c)(2)(B), is further amended by adding at the end the 
        following:
            ``(10) Penalties for violations regarding supply chain 
        responsibility plans.--Any person who violates section 11(e)(3) 
        by not submitting or posting a complete supply chain 
        responsibility plan each year shall be subject to a civil 
        penalty of $50,000 for each month of noncompliance.''.
    (b) National Labor Relations Act.--
            (1) Supply chain responsibility plan.--Section 8 of the 
        National Labor Relations Act (29 U.S.C. 158), as amended by 
        section 102(b)(5), is further amended by adding at the end the 
        following:
    ``(i) Supply Chain Responsibility Plan.--It shall be an unfair 
labor practice for an employer who is a covered employer, as defined in 
section 11(e)(1) of the Fair Labor Standards Act of 1938 (29 U.S.C. 
211(e)(1)), to fail to annually--
            ``(1) submit, as part of the covered employer's supply 
        chain responsibility plan under section 11(e) of such Act, the 
        information required under such Act that relates to this Act; 
        and
            ``(2) include such information in the plan posted publicly 
        on the covered employer's website.''.
            (2) Penalties.--Section 12 of the National Labor Relations 
        Act (29 U.S.C. 162), as amended by section 102(b)(7)(B), is 
        further amended by inserting after subsection (c) the 
        following:
    ``(d) Civil Penalty for Failure To Submit a Complete Supply Chain 
Responsibility Plan.--Any person who violates section 8(i) shall be 
subject to a civil penalty of $50,000 for each month of 
noncompliance.''.
    (c) Occupational Safety and Health Act of 1970.--
            (1) Supply chain responsibility plan.--Section 5 of the 
        Occupational Safety and Health Act of 1970 (29 U.S.C. 654) is 
        amended by adding at the end the following:
    ``(c) Supply Chain Responsibility Plan.--An employer who is a 
covered employer, as defined in section 11(e)(1) of the Fair Labor 
Standards Act of 1938 (29 U.S.C. 211(e)(1)), shall annually--
            ``(1) submit, as part of the employer's supply chain 
        responsibility plan under section 11(e) of such Act, the 
        information required under such section that relates to this 
        Act; and
            ``(2) include such information in the plan posted publicly 
        on the employer's website.''.
            (2) Penalties.--Section 17 of the Occupational Safety and 
        Health Act of 1970 (29 U.S.C. 666), as amended by section 
        205(c)(2), is further amended by inserting after subsection (k) 
        the following:
    ``(l) Penalties for Violations Regarding Supply Chain 
Responsibility Plans.--Any person who violates section 5(c) shall be 
subject to a civil penalty of $50,000 for each month of 
noncompliance.''.
    (d) Federal Mine Safety and Health Act of 1977.--
            (1) Supply chain responsibility plan.--Section 109 of the 
        Federal Mine Safety and Health Act of 1977 (30 U.S.C. 819) is 
        amended--
                    (A) in the section heading, by inserting ``; supply 
                chain responsibility plans'' after ``decisions''; and
                    (B) by adding at the end the following:
    ``(e) Supply Chain Responsibility Plans.--Each operator that is a 
covered employer, as defined in section 11(e)(1) of the Fair Labor 
Standards Act of 1938 (29 U.S.C. 211(e)(1)), shall annually--
            ``(1) submit, as part of the operator's supply chain 
        responsibility plan under section 11(e) of such Act, the 
        information required under such section that relates to this 
        Act; and
            ``(2) include such information in the plan posted publicly 
        on the operator's website.''.
            (2) Penalties.--Section 110 of the Federal Mine Safety and 
        Health Act of 1977 (30 U.S.C. 820), as amended by section 
        102(d)(6)(B), is further amended by inserting after subsection 
        (j) the following:
    ``(k) Civil Penalty for Failure To Submit a Supply Chain 
Responsibility Plan.--Any operator who violates section 109(e) shall be 
subject to a civil penalty of $50,000 for each month of 
noncompliance.''.
    (e) Migrant and Seasonal Agricultural Worker Protection Act.--
            (1) Supply chain responsibility plan.--Title IV of the 
        Migrant and Seasonal Agricultural Worker Protection Act (29 
        U.S.C. 1841 et seq.), as amended by section 102(e)(3)), is 
        further amended by adding at the end the following:

``SEC. 406. SUPPLY CHAIN RESPONSIBILITY PLAN.

    ``(a) Definition of Responsible Entity.--In this section, the term 
`responsible entity' means a farm labor contractor, agricultural 
employer, or agricultural association, that is a covered employer, as 
defined in section 11(e)(1) of the Fair Labor Standards Act of 1938 (29 
U.S.C. 211(e)(1)).
    ``(b) Supply Chain Responsibility Plans.--Each responsible entity 
shall annually--
            ``(1) submit, as part of the responsible entity's supply 
        chain responsibility plan under section 11(e) of such Act, the 
        information required under such section that relates to this 
        Act; and
            ``(2) include such information in the plan posted publicly 
        on the responsible entity's website.''.
            (2) Penalties.--Section 503(a) of the Migrant and Seasonal 
        Agricultural Worker Protection Act (29 U.S.C. 1853(a)), as 
        amended by section 102(e)(6)(B), is further amended by adding 
        at the end the following:
            ``(5) Penalties for violations regarding supply chain 
        responsibility plans.--Any person who violates section 406(b) 
        shall be subject to a civil penalty of $50,000 for each month 
        of noncompliance.''.
    (f) Davis-Bacon Act.--
            (1) Supply chain responsibility plan.--Subchapter IV of 
        chapter 31 of title 40, United States Code, as amended by this 
        Act, is further amended by inserting after section 3143 the 
        following:
``Sec. 3143a. Supply chain responsibility plan
    ``(a) Covered Contractor.--In this section, the term `covered 
contractor' means a contractor or subcontractor--
            ``(1) for a contract subject to the requirements of this 
        subchapter; and
            ``(2) that is a covered employer, as defined in section 
        11(e)(1) of the Fair Labor Standards Act of 1938 (29 U.S.C. 
        211(e)(1)).
    ``(b) In General.--Each covered contractor shall annually--
            ``(1) submit, as part of the covered contractor's supply 
        chain responsibility plan under section 11(e) of such Act, the 
        information required under such section that relates to this 
        subchapter; and
            ``(2) include such information in the plan posted publicly 
        on the covered contractor's website.''.
            (2) Penalties.--Section 3144c of title 40, United States 
        Code, as amended by section 204(f)(2), is further amended by 
        inserting after subsection (b) the following:
    ``(c) Penalties for Violations Regarding Supply Chain 
Responsibility Plans.--Any person who violates section 3143a of this 
title shall be subject to a civil penalty of $50,000 for each month of 
noncompliance.''.
    (g) McNamara-O'Hara Service Contract Act.--Chapter 67 of title 41, 
United States Code, as amended by section 202(b)(7)(A), is further 
amended by inserting after section 6704 the following:
``Sec. 6705. Supply chain responsibility plan
    ``(a) Covered Contractor.--In this section, the term `covered 
contractor' means a contractor or subcontractor--
            ``(1) for a contract subject to the requirements of this 
        chapter; and
            ``(2) that is a covered employer, as defined in section 
        11(e)(1) of the Fair Labor Standards Act of 1938 (29 U.S.C. 
        211(e)(1)).
    ``(b) In General.--Each covered contractor shall annually--
            ``(1) submit, as part of the covered contractor's supply 
        chain responsibility plan under section 11(e) of such Act, the 
        information required under such section that relates to this 
        chapter; and
            ``(2) include such information in the plan posted publicly 
        on the covered contractor's website.
    ``(c) Penalties for Violations Regarding Supply Chain 
Responsibility Plans.--Any person who violates subsection (b) of this 
section shall be subject to a civil penalty of $50,000 for each month 
of noncompliance.''.
    (h) Walsh-Healey Public Contracts Act of 1936.--
            (1) Supply chain responsibility plan.--Chapter 65 of title 
        41, United States Code, is further amended by inserting after 
        section 6502 the following:
``Sec. 6502a. Supply chain responsibility plan
    ``(a) Covered Contractor.--In this section, the term `covered 
contractor' means a contractor or subcontractor--
            ``(1) for a contract subject to the requirements of this 
        chapter; and
            ``(2) that is a covered employer, as defined in section 
        11(e)(1) of the Fair Labor Standards Act of 1938 (29 U.S.C. 
        211(e)(1)).
    ``(b) In General.--Each covered contractor shall annually--
            ``(1) submit, as part of the covered contractor's supply 
        chain responsibility plan under section 11(e) of such Act, the 
        information required under such section that relates to this 
        chapter; and
            ``(2) include such information in the plan posted publicly 
        on the covered contractor's website.''.
            (2) Penalties.--Section 6506a of title 41, United States 
        Code, as amended by section 202(c)(8), is further amended by 
        inserting after subsection (b) the following:
    ``(c) Penalties for Violations Regarding Supply Chain 
Responsibility Plans.--Any person who violates section 6502a shall be 
subject to a civil penalty of $50,000 for each month of 
noncompliance.''.
    (i) Family and Medical Leave Act of 1993.--Section 109 of the 
Family and Medical Leave Act of 1993 (29 U.S.C. 2619) is amended--
            (1) in the section heading, by inserting ``; supply chain 
        responsibility plan'' after ``notice'';
            (2) by striking ``In General.--Each'' and inserting the 
        following: ``Notice.--
            ``(1) In general.--Each'';
            (3) by redesignating subsection (b) as paragraph (2) of 
        subsection (a), and aligning the margins of such paragraph with 
        the margins of paragraph (1);
            (4) in paragraph (2) (as so redesignated), by striking 
        ``this section'' and inserting ``this subsection''; and
            (5) by adding at the end the following:
    ``(b) Supply Chain Responsibility Plan.--
            ``(1) In general.--Each employer that is a covered 
        employer, as defined in section 11(e)(1) of the Fair Labor 
        Standards Act of 1938 (29 U.S.C. 211(e)(1)), shall annually--
                    ``(A) submit, as part of the employer's supply 
                chain responsibility plan under section 11(e) of such 
                Act, the information required under such section that 
                relates to this Act; and
                    ``(B) include such information in the plan posted 
                publicly on the employer's website.
            ``(2) Penalty.--Any person who violates paragraph (1) shall 
        be subject to a civil penalty of $50,000 for each month of 
        noncompliance.''.
    (j) Federal Unemployment Tax Act (FUTA).--
            (1) State law requirement.--Section 3304 of the Internal 
        Revenue Code of 1986 (relating to approval of State 
        unemployment compensation laws) is amended--
                    (A) in subsection (a)--
                            (i) in paragraph (18), by striking ``and'' 
                        at the end;
                            (ii) by redesignating paragraph (19) as 
                        paragraph (20);
                            (iii) by inserting after paragraph (18) the 
                        following new paragraph:
            ``(19) each employer that is a covered employer, as defined 
        in section 11(e)(1) of the Fair Labor Standards Act of 1938 (29 
        U.S.C. 211(e)(1)) is required to comply with subsection (h); 
        and''; and
                            (iv) by adding at the end the following:
    ``(h) Supply Chain Responsibility Plans.--Each employer that is a 
covered employer, as defined in section 11(e)(1) of the Fair Labor 
Standards Act of 1938 (29 U.S.C. 211(e)(1)), shall annually--
            ``(1) submit, as part of the employer's supply chain 
        responsibility plan under section 11(e) of such Act, the 
        information required under such section that relates to this 
        Act; and
            ``(2) include such information in the plan posted publicly 
        on the operator's website.''.
            (2) Effective date.--The amendments made by paragraph (1) 
        shall apply to weeks of unemployment beginning on or after the 
        earlier of--
                    (A) the date the State changes its statutes, 
                regulations, or policies in order to comply with such 
                amendments; or
                    (B) January 1, 2022.

SEC. 208. CONFORMING AMENDMENTS.

    (a) Davis-Bacon Act.--The table of sections of subchapter IV of 
chapter 31 of title 40, United States Code, as amended by section 
102(f)(7), is further amended--
            (1) by inserting after the item relating to section 3413 
        the following:

``Sec. 3143a. Supply chain responsibility plan.'';
        and
            (2) by inserting after the item relating to section 3144a 
        the following:

``Sec. 3144b. Applicability to multiple employers and related 
                            entities.''.
    (b) McNamara-O'Hara Service Contract Act.--Chapter 67 of title 41, 
United States Code, is amended--
            (1) in the table of sections--
                    (A) by redesignating the items relating to sections 
                6705, 6706, and 6707 as the items relating to sections 
                6706, 6708, and 6709, respectively;
                    (B) by inserting after the item relating to section 
                6701 the following:

``Sec. 6701a. Applicability to multiple employers and related 
                            entities.'';
                    (C) by inserting after the item relating to section 
                6704 the following:

``Sec. 6705. Supply chain responsibility plan.'';
                and
                    (D) by inserting after the item relating to section 
                6706 the following:

``Sec. 6707. Civil penalties assessed against owners, directors, 
                            officers, managing agents, and large 
                            shareholders; indemnification.''.
            (2) in section 6704(b), by striking ``sections 6705 to 
        6707(d)'' and inserting ``sections 6706 to 6709(d)''; and
            (3) in section 6705(d), by striking ``section 6707(a)-(d)'' 
        and inserting ``section 6709(a)-(d)''.
    (c) Walsh-Healey Public Contracts Act.--The table of sections for 
chapter 65 of title 41, United States Code, as amended by section 
102(g)(7), is further amended--
            (1) by inserting after the item relating to section 6501a 
        the following:

``Sec. 6501b. Applicability to multiple employers and related 
                            entities.'';
        and
            (2) by inserting after the item relating to section 6502 
        the following:

``Sec. 6502a. Supply chain responsibility plan.''.

      TITLE III--PUBLIC TRANSPARENCY ON WORKERS' RIGHTS VIOLATIONS

SEC. 301. CONSUMER RIGHT TO KNOW ABOUT COMPLIANCE WITH WORKERS' RIGHTS.

    (a) In General.--The Fair Labor Standards Act of 1938 (29 U.S.C. 
201 et seq.) is amended by inserting after section 18C (29 U.S.C. 218c) 
the following:

``SEC. 18D. COMPLIANCE RATINGS.

    ``(a) Requirement for Posting Notice.--An employer shall post a 
notice, provided each calendar year by the Secretary under subsection 
(b), of the compliance of the employer with the covered labor laws 
during the 3 calendar years preceding the calendar year for which the 
notice applies (referred to in this section as the `applicable 3-year 
period'). Such notice shall be posted--
            ``(1) in each location of the employer--
                    ``(A) in a window that is located not less than 5 
                feet from the main entry way of such location; or
                    ``(B) if such a location does not have a window 
                located within 5 feet of the main entry way, otherwise 
                within 5 feet of the main entry way;
            ``(2) on the official website of the employer, if the 
        employer has such a website; and
            ``(3) until the notice is replaced by a revised notice 
        under this section or a notice for a subsequent calendar year.
    ``(b) Rating Process.--
            ``(1) In general.--The Secretary shall establish--
                    ``(A) in accordance with paragraph (2), a process 
                for annually--
                            ``(i) reviewing the compliance of each 
                        employer with the covered labor laws during the 
                        applicable 3-year period; and
                            ``(ii) providing a rating to each employer 
                        indicating the level of such compliance; and
                    ``(B) a notice for each employer to post in 
                accordance with subsection (a), which shall--
                            ``(i) be easy for the public to understand;
                            ``(ii) indicate the rating under this 
                        subsection of the employer for the calendar 
                        year; and
                            ``(iii) otherwise be consistent across all 
                        employers.
            ``(2) Rating.--
                    ``(A) In general.--The notice required under 
                subsection (a) shall provide a rating of the employer's 
                compliance with the covered labor laws during the 
                applicable 3-year period in the form of one of 4 
                ratings described in subparagraph (B), including--
                            ``(i) a concise summary, in English, of the 
                        compliance of the employer with the covered 
                        labor laws during the applicable 3-year period;
                            ``(ii) an emoji face or cartoon face that 
                        reflects such summary; and
                            ``(iii) a color that reflects such summary.
                    ``(B) Regulations.--The Secretary shall prescribe 
                through regulations the number, degree, and extent of 
                violations of the covered labor laws by an employer 
                during the applicable 3-year period that would qualify 
                for each of the following 4 ratings:
                            ``(i) A rating of `Excellent'--
                                    ``(I) meaning the employer has had 
                                no or few violations of the covered 
                                labor laws during such period; and
                                    ``(II) which shall be paired with a 
                                very open-mouthed smiling face and a 
                                deep-green background color.
                            ``(ii) A rating of `Good'--
                                    ``(I) meaning the employer has had 
                                some violations of the covered labor 
                                laws during such period, but no major 
                                or extensive violations; and
                                    ``(II) which shall be paired with a 
                                wide-smiling face and a light-green 
                                background color.
                            ``(iii) A rating of `Okay'--
                                    ``(I) meaning the employer has had, 
                                during such period--
                                            ``(aa) multiple violations 
                                        of the covered labor laws; or
                                            ``(bb) very few major or 
                                        extensive violations of the 
                                        covered labor laws; and
                                    ``(II) which shall be paired with a 
                                flat-mouthed and unenthusiastic face 
                                and a yellow background color.
                            ``(iv) A rating of `Needs Improvement'--
                                    ``(I) meaning the employer has had, 
                                during such period--
                                            ``(aa) several violations 
                                        of the covered labor laws;
                                            ``(bb) more than a few 
                                        major or extensive violations 
                                        of the covered labor laws; or
                                            ``(cc) willful or repeated 
                                        violations of the covered labor 
                                        laws (as defined by the 
                                        Secretary with respect to the 
                                        covered labor laws); and
                                    ``(II) which shall be paired with a 
                                frowning sad face and a gray background 
                                color.
            ``(3) Review process.--For each review under this section 
        of the compliance of an employer with the covered labor laws, 
        including any additional review under subsection (c) or (d), 
        the Secretary shall review--
                    ``(A) any information the employer provides to the 
                Secretary with respect to the compliance of the 
                employer with the covered labor laws for the applicable 
                3-year period;
                    ``(B) any information provided by any other 
                individual or organization with respect to such 
                compliance; and
                    ``(C) any other information the Secretary 
                determines appropriate for the review.
    ``(c) Additional Review Upon Claim of Inaccuracy.--
            ``(1) Request.--If an employer claims that the rating 
        provided for the employer under this section is inaccurate, the 
        employer may, not later than 10 days after receiving the notice 
        under this section, request an additional review by the 
        Secretary of the employer's compliance with the covered labor 
        laws during the applicable 3-year period and a revised rating 
        and notice.
            ``(2) Determination.--
                    ``(A) In general.--For each request made under 
                paragraph (1), the Secretary shall conduct an 
                additional review described in such paragraph and make 
                a determination of whether to provide a revised rating 
                and notice.
                    ``(B) Revised rating granted.--If the Secretary 
                determines that an alteration of the rating is 
                warranted, the Secretary may provide the employer a 
                revised rating and notice under this section. The 
                employer shall, in accordance with subsection (a), post 
                any such revised notice not later than 5 days after 
                receiving such revised notice.
                    ``(C) Revised rating denied.--If the Secretary 
                determines that no alteration of the rating is 
                warranted--
                            ``(i) the Secretary shall notify the 
                        employer of such determination; and
                            ``(ii) the employer shall, in accordance 
                        with subsection (a), post the notice for which 
                        such review was conducted not later than 5 days 
                        after receiving the notification described in 
                        clause (i).
                    ``(D) 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 (1) for an additional review of such rating, 
                the employer may refrain from posting the notice under 
                this section for such calendar year during the period 
                of such additional review. If an employer so refrains 
                from posting such notice, the employer shall keep the 
                notice the employer received under this section for the 
                previous calendar year (if the employer received such a 
                notice) posted in accordance with subsection (a) during 
                the period of such additional review.
                    ``(E) 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 year.
    ``(d) Additional Review Upon Remedy of Violations.--
            ``(1) Request.--If, after receiving a notice under this 
        section for a calendar year, an employer claims that the 
        employer has, not later than the end of such calendar year, 
        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 laws, the employer may request an additional 
        review of the employer's compliance with the covered labor 
        laws, during the period beginning on the first day of the 
        applicable 3-year period and ending on the date on which the 
        employer submits the request, and a revised rating and notice 
        under this section for the year.
            ``(2) Determination.--
                    ``(A) In general.--For each request made under 
                paragraph (1), the Secretary shall conduct a review 
                described in such paragraph and make a determination as 
                to whether to provide a revised rating and notice.
                    ``(B) Revised rating granted.--If the Secretary 
                determines that the employer has, during the period 
                beginning on the first day of the applicable 3-year 
                period and ending on the date on which the employer 
                submits the request under paragraph (1), 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--
                            ``(i) the Secretary may provide the 
                        employer with a revised rating and notice under 
                        this section; and
                            ``(ii) if the Secretary provides a revised 
                        rating and notice under clause (i), the 
                        employer shall, in accordance with subsection 
                        (a), post such revised notice not later than 5 
                        days after receiving such revised notice.
                    ``(C) Revised rating denied.--If the Secretary 
                decides not to grant a revised rating and notice under 
                this subsection, the Secretary shall notify the 
                employer of such decision.
                    ``(D) Posting of notice during review.--An employer 
                shall keep the notice for which a review under this 
                subsection applies posted in accordance with subsection 
                (a) until the Secretary, if applicable, provides a 
                revised rating and notice under subparagraph (B)(i).
    ``(e) Final Review.--Except for the reviews described in 
subsections (c) and (d), there shall be no other reviews, including 
judicial review, of the determinations of the Secretary regarding the 
rating of an employer under this section.
    ``(f) Posting in Local Newspaper.--If an employer violates a 
provision of this section for more than one month, the employer shall, 
in addition to the penalties under section 16(e)(11), publish the 
notice provided under this section in the most prominent local 
newspaper, as determined by the Secretary.
    ``(g) Public Website.--
            ``(1) In general.--The Secretary shall establish and 
        maintain a public website that includes--
                    ``(A) the most recent rating, and all previous 
                ratings, under this section for each employer, which 
                shall be accessible through a simple search feature--
                            ``(i) by employer name, city, or zip code; 
                        and
                            ``(ii) by location on a digital map; and
                    ``(B) an accounting of every violation by each 
                employer during the 3-year period of the most recent 
                rating under this section.
            ``(2) Rankings.--The Secretary may use the website under 
        this subsection to provide rankings of employers, including by 
        comparing employers to other employers in the same industry.
    ``(h) Definition of Covered Labor Laws.--For purposes of this 
section, the term `covered labor laws' means, to the extent applicable 
to the employer, each of the following:
            ``(1) This Act.
            ``(2) The Occupational Safety and Health Act of 1970 (29 
        U.S.C. 651 et seq.).
            ``(3) The Federal Mine Safety and Health Act of 1977 (30 
        U.S.C. 801 et seq.).
            ``(4) The Migrant and Seasonal Agricultural Worker 
        Protection Act (29 U.S.C. 1801 et seq.).
            ``(5) The National Labor Relations Act (29 U.S.C. 151 et 
        seq.).
            ``(6) Subchapter IV of chapter 31 of title 40, United 
        States Code (commonly known as the `Davis-Bacon Act').
            ``(7) Chapter 67 of title 41, United States Code (commonly 
        known as the `McNamara-O'Hara Service Contract Act').
            ``(8) Section 503 of the Rehabilitation Act of 1973 (29 
        U.S.C. 793).
            ``(9) The Family and Medical Leave Act of 1993 (29 U.S.C. 
        2601 et seq.).
            ``(10) Title VII of the Civil Rights Act of 1964 (42 U.S.C. 
        2000e et seq.).
            ``(11) The Americans with Disabilities Act of 1990 (42 
        U.S.C. 12101 et seq.).
            ``(12) The Age Discrimination in Employment Act of 1967 (29 
        U.S.C. 621 et seq.).
            ``(13) Title II of the Genetic Information 
        Nondiscrimination Act of 2008 (42 U.S.C. 2000ff et seq.).
            ``(14) Any State law that the Secretary determines is 
        equivalent to a law described in any of paragraphs (1) through 
        (13).''.
    (b) Penalties.--Section 16(e) of the Fair Labor Standards Act of 
1938 (29 U.S.C. 216(e)), as amended by section 207(a)(2), is further 
amended by adding at the end the following:
    ``(11) Penalties for Violations of Compliance Rating Provisions.--
Any person who violates section 18D shall be subject to a civil penalty 
of not more than $1,000 for each employee of the employer working at 
the location where the violation occurred and for each day of the 
violation.''.

       TITLE IV--CREATING BROAD AND INCREASING WORKER PROTECTIONS

SEC. 401. GENERAL STANDARDS FOR APPLYING AND INTERPRETING WORKERS' 
              RIGHTS.

    (a) Fair Labor Standards Act of 1938.--The Fair Labor Standards Act 
of 1938 (29 U.S.C. 201 et seq.) is amended by adding at the end the 
following:

``SEC. 20. GENERAL STANDARDS FOR APPLYING AND INTERPRETING WORKERS' 
              RIGHTS.

    ``(a) Interpretation of Protections and Exemptions.--
            ``(1) Protections.--All protections afforded employees 
        under this Act, including as applied through the definitions 
        under section 3, shall be interpreted expansively in favor of 
        the employee or individual claiming classification as an 
        employee.
            ``(2) Exemptions and exclusions.--
                    ``(A) In general.--All exemptions and exclusions 
                under this Act, including as applied through the 
                definitions under section 3, shall be interpreted 
                narrowly against the employer, or person alleged to be 
                an employer, and limited in application to those 
                persons or circumstances plainly and unmistakably 
                within the language and spirit of the exemption or 
                exclusion.
                    ``(B) 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 evidence.
    ``(b) No-Less-Protection Rule.--
            ``(1) In general.--The Secretary shall not take any action 
        to reduce a protection afforded an employee under this Act 
        through any regulation, guidance, opinion, ruling, standard, 
        order, adjudicative decision, or other interpretation from the 
        protection provided to the employee through a prior regulation, 
        guidance, opinion, ruling, standard, order, adjudicative 
        decision, or other interpretation in effect on the day before 
        the date of such action, unless such reduction is explicitly 
        and specifically mandated by an Act of Congress.
            ``(2) Request for congressional action.--The Secretary may 
        submit a proposal to Congress for a reduction described in 
        paragraph (1), but shall not take any action described in such 
        paragraph without an explicit and specific mandate by an Act of 
        Congress.
            ``(3) Standard of deference.--Notwithstanding chapter 7 of 
        title 5, United States Code, in any action for judicial review 
        of an agency action under such chapter, a reviewing court shall 
        defer to a regulation, guidance, opinion, ruling, standard, 
        order, adjudicative decision, or other interpretation issued by 
        the agency that increases or otherwise strengthens a protection 
        afforded to an employee under this Act unless such regulation, 
        guidance, opinion, ruling, standard, order, adjudicative 
        decision, or other interpretation is plainly erroneous or 
        inconsistent with this Act.''.
    (b) National Labor Relations Act.--The National Labor Relations Act 
(29 U.S.C. 151 et seq.) is amended by adding at the end the following:

``SEC. 20. GENERAL STANDARDS FOR APPLYING AND INTERPRETING WORKERS' 
              RIGHTS.

    ``(a) Interpretation of Protections and Exemptions.--
            ``(1) Protections.--All protections afforded employees 
        under this Act, including as applied through the definitions 
        under section 2, shall be interpreted expansively in favor of 
        the employee or individual claiming classification as an 
        employee.
            ``(2) Exemptions and exclusions.--
                    ``(A) In general.--All exemptions and exclusions 
                under this Act, including as applied through the 
                definitions under section 2, shall be interpreted 
                narrowly against the employer, or person alleged to be 
                an employer, and limited in application to those 
                persons or circumstances plainly and unmistakably 
                within the language and spirit of the exemption or 
                exclusion.
                    ``(B) 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 evidence.
    ``(b) No-Less-Protection Rule.--
            ``(1) In general.--The Board, the General Counsel, and any 
        regional director shall not take any action to reduce a 
        protection afforded an employee under this Act through any 
        regulation, guidance, opinion, ruling, standard, order, 
        adjudicative decision, or other interpretation from the 
        protection provided to the employee through a prior regulation, 
        guidance, opinion, ruling, standard, order, adjudicative 
        decision, or other interpretation in effect on the day before 
        the date of such action, unless such reduction is explicitly 
        and specifically mandated by an Act of Congress.
            ``(2) Request for congressional action.--The Board may 
        submit a proposal to Congress for a reduction described in 
        paragraph (1), but the Board, the General Counsel, or any 
        regional director shall not take any action described in such 
        paragraph without an explicit and specific mandate by an Act of 
        Congress.
            ``(3) Standard of deference.--Notwithstanding chapter 7 of 
        title 5, United States Code, in any action for judicial review 
        of an agency action under such chapter, a reviewing court shall 
        defer to a regulation, guidance, opinion, ruling, standard, 
        order, adjudicative decision, or other interpretation issued by 
        the agency that increases or otherwise strengthens a protection 
        afforded to an employee under this Act unless such regulation, 
        guidance, opinion, ruling, standard, order, adjudicative 
        decision, or other interpretation is plainly erroneous or 
        inconsistent with this Act.''.
    (c) Occupational Safety and Health Act of 1970.--The Occupational 
Safety and Health Act of 1970 (29 U.S.C. 651 et seq.) is amended by 
inserting after section 32 (29 U.S.C. 677) the following:

``SEC. 32A. GENERAL STANDARDS FOR APPLYING AND INTERPRETING WORKERS' 
              RIGHTS.

    ``(a) Interpretation of Protections and Exemptions.--
            ``(1) Protections.--All protections afforded employees 
        under this Act, including as applied through the definitions 
        under section 3, shall be interpreted expansively in favor of 
        the employee or individual claiming classification as an 
        employee.
            ``(2) Exemptions and exclusions.--
                    ``(A) In general.--All exemptions and exclusions 
                under this Act, including as applied through the 
                definitions under section 3, shall be interpreted 
                narrowly against the employer, or person alleged to be 
                an employer, and limited in application to those 
                persons or circumstances plainly and unmistakably 
                within the language and spirit of the exemption or 
                exclusion.
                    ``(B) 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 evidence.
    ``(b) No-Less-Protection Rule.--
            ``(1) In general.--The Secretary shall not take any action 
        to reduce a protection afforded an employee under this Act 
        through any regulation, guidance, opinion, ruling, standard, 
        order, adjudicative decision, or other interpretation from the 
        protection provided to the employee through a prior regulation, 
        guidance, opinion, ruling, standard, order, adjudicative 
        decision, or other interpretation in effect on the day before 
        the date of such action, unless such reduction is explicitly 
        and specifically mandated by an Act of Congress.
            ``(2) Request for congressional action.--The Secretary may 
        submit a proposal to Congress for a reduction described in 
        paragraph (1), but shall not take any action described in such 
        paragraph without an explicit and specific mandate by an Act of 
        Congress.
            ``(3) Standard of deference.--Notwithstanding chapter 7 of 
        title 5, United States Code, in any action for judicial review 
        of an agency action under such chapter, a reviewing court shall 
        defer to a regulation, guidance, opinion, ruling, standard, 
        order, adjudicative decision, or other interpretation issued by 
        the agency that increases or otherwise strengthens a protection 
        afforded to an employee under this Act unless such regulation, 
        guidance, opinion, ruling, standard, order, adjudicative 
        decision, or other interpretation is plainly erroneous or 
        inconsistent with this Act.''.
    (d) Federal Mine Safety and Health Act of 1977.--Title I of the 
Federal Mine Safety and Health Act (30 U.S.C. 811 et seq.), as amended 
by section 202(b)(4), is further amended by adding at the end the 
following:

``SEC. 119. GENERAL STANDARDS FOR APPLYING AND INTERPRETING WORKERS' 
              RIGHTS.

    ``(a) Interpretation of Protections and Exemptions.--
            ``(1) Protections.--All protections afforded under this 
        Act, including any mandatory health or safety standard, rule, 
        order, or regulation promulgated pursuant to this Act, 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 employee.
            ``(2) Exemptions and exclusions.--
                    ``(A) In general.--All exemptions and exclusions 
                under this Act, including any mandatory health or 
                safety standard, rule, order, or regulation promulgated 
                pursuant to this Act, shall be interpreted narrowly 
                against an operator of a coal or other mine employing 
                employees performing labor in the coal or other mine, 
                or person alleged to be such an operator, and limited 
                in application to those persons or circumstances 
                plainly and unmistakably within the language and spirit 
                of the exemption or exclusion.
                    ``(B) Clear and convincing evidence.--Any person 
                asserting the applicability of an exemption or 
                exclusion under this Act, including any mandatory 
                health or safety standard, rule, order, or regulation 
                promulgated pursuant to this Act, shall prove such 
                applicability by clear and convincing evidence.
    ``(b) No-Less-Protection Rule.--
            ``(1) In general.--The Secretary shall not take any action 
        to reduce a protection afforded under this Act, including any 
        mandatory health or safety standard, rule, order, or regulation 
        promulgated pursuant to this Act, to an employee performing 
        labor in a coal or other mine through any regulation, guidance, 
        opinion, ruling, standard, order, adjudicative decision, or 
        other interpretation from the protection provided to the 
        employee through a prior regulation, guidance, opinion, ruling, 
        standard, order, adjudicative decision, or other interpretation 
        in effect on the day before the date of such action, unless 
        such reduction is explicitly and specifically mandated by an 
        Act of Congress.
            ``(2) Request for congressional action.--The Secretary may 
        submit a proposal to Congress for a reduction described in 
        paragraph (1), but shall not take any action described in such 
        paragraph without an explicit and specific mandate by an Act of 
        Congress.
            ``(3) Standard of deference.--Notwithstanding chapter 7 of 
        title 5, United States Code, in any action for judicial review 
        of an agency action under such chapter, a reviewing court shall 
        defer to a regulation, guidance, opinion, ruling, standard, 
        order, adjudicative decision, 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 Act, including any mandatory health or safety 
        standard, rule, order, or regulation promulgated pursuant to 
        this Act, unless such regulation, guidance, opinion, ruling, 
        standard, order, adjudicative decision, or other interpretation 
        is plainly erroneous or inconsistent with this Act, including 
        any mandatory health or safety standard, rule, order, or 
        regulation promulgated pursuant to this Act.''.
    (e) Migrant and Seasonal Agricultural Worker Protection Act.--Part 
B of title V of the Migrant and Seasonal Agricultural Worker Protection 
Act (29 U.S.C. 1861 et seq.) is amended by adding at the end the 
following:

``SEC. 514. GENERAL STANDARDS FOR APPLYING AND INTERPRETING WORKERS' 
              RIGHTS.

    ``(a) Interpretation of Protections and Exemptions.--
            ``(1) Protections.--All protections afforded under this 
        Act, including any regulation under this Act, to migrant 
        agricultural workers or seasonal agricultural workers shall be 
        interpreted expansively in favor of the worker or individual 
        claiming classification as such a worker.
            ``(2) Exemptions and exclusion.--
                    ``(A) In general.--All exemptions and exclusions 
                under this Act, including any regulation under this 
                Act, shall be interpreted narrowly against an 
                agricultural employer, agricultural association, or 
                farm labor contractor employing a migrant agricultural 
                worker or seasonal agricultural worker, or person 
                alleged to be such an employer, association, or 
                contractor, and limited in application to those persons 
                or circumstances plainly and unmistakably within the 
                language and spirit of the exemption or exclusion.
                    ``(B) Clear and convincing evidence.--Any person 
                asserting the applicability of an exemption or 
                exclusion under this Act, including a regulation under 
                this Act, shall prove such applicability by clear and 
                convincing evidence.
    ``(b) No-Less-Protection Rule.--
            ``(1) In general.--The Secretary shall not take any action 
        to reduce a protection afforded under this Act, including a 
        regulation under this Act, to a migrant agricultural worker or 
        a seasonal agricultural worker through any regulation, 
        guidance, opinion, ruling, standard, order, adjudicative 
        decision, or other interpretation from the protection provided 
        to the worker through a prior regulation, guidance, opinion, 
        ruling, standard, order, adjudicative decision, or other 
        interpretation in effect on the day before the date of such 
        action, unless such reduction is explicitly and specifically 
        mandated by an Act of Congress.
            ``(2) Request for congressional action.--The Secretary may 
        submit a proposal to Congress for a reduction described in 
        paragraph (1), but shall not take any action described in such 
        paragraph without an explicit and specific mandate by an Act of 
        Congress.
            ``(3) Standard of deference.--Notwithstanding chapter 7 of 
        title 5, United States Code, in any action for judicial review 
        of an agency action under such chapter, a reviewing court shall 
        defer to a regulation, guidance, opinion, ruling, standard, 
        order, adjudicative decision, or other interpretation issued by 
        the agency that increases or otherwise strengthens a protection 
        afforded under this Act, including a regulation under this Act, 
        to a migrant agricultural worker or seasonal agricultural 
        worker unless such regulation, guidance, opinion, ruling, 
        standard, order, adjudicative decision, or other interpretation 
        is plainly erroneous or inconsistent with this Act, including a 
        regulation under this Act.''.
    (f) Davis-Bacon Act.--
            (1) In general.--Subchapter IV of chapter 31, United States 
        Code, is amended by adding at the end the following:

``SEC. 3149. GENERAL STANDARDS FOR APPLYING AND INTERPRETING WORKERS' 
              RIGHTS.

    ``(a) Interpretation of Protections and Exemptions.--
            ``(1) 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 mechanic.
            ``(2) Exemptions and exclusions.--
                    ``(A) 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 applies, or person alleged to be 
                such a contractor or subcontractor, and limited in 
                application to those persons or circumstances plainly 
                and unmistakably within the language and spirit of the 
                exemption or exclusion.
                    ``(B) 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 evidence.
    ``(b) No-Less-Protection Rule.--
            ``(1) 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 regulation, guidance, opinion, ruling, standard, 
        order, adjudicative decision, or other interpretation from the 
        protection provided to such laborer or mechanic through a prior 
        regulation, guidance, opinion, ruling, standard, order, 
        adjudicative decision, or other interpretation in effect on the 
        day before the date of such action, unless such reduction is 
        explicitly and specifically mandated by an Act of Congress.
            ``(2) Request for congressional action.--The Secretary may 
        submit a proposal to Congress for a reduction described in 
        paragraph (1), but shall not take any action described in such 
        paragraph without an explicit and specific mandate by an Act of 
        Congress.
            ``(3) Standard of deference.--Notwithstanding chapter 7 of 
        title 5, United States Code, in any action for judicial review 
        of an agency action under such chapter, a reviewing court shall 
        defer to a regulation, guidance, opinion, ruling, standard, 
        order, adjudicative decision, 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 regulation, guidance, 
        opinion, ruling, standard, order, adjudicative decision, or 
        other interpretation is plainly erroneous or inconsistent with 
        this subchapter.''.
            (2) Table of sections.--The table of sections for 
        subchapter IV of chapter 31 of title 40, United States Code, is 
        amended by adding at the end the following:

Sec. 3149. General standards for applying and interpreting workers' 
                            rights.
    (g) McNamara-O'Hara Service Contract Act.--Section 6709 of title 
41, United States Code, as amended by section 202(b)(7)(A), is further 
amended by adding at the end the following:
    ``(g) General Standards for Applying and Interpreting Workers' 
Rights.--
            ``(1) Interpretation of protections and exemptions.--
                    ``(A) 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 employee.
                    ``(B) Exemptions and exclusions.--
                            ``(i) In general.--All exemptions and 
                        exclusions under this chapter shall be 
                        interpreted narrowly against the contractor or 
                        subcontractor to which this chapter applies, or 
                        person alleged to be such a contractor or 
                        subcontractor, and limited in application to 
                        those persons or circumstances plainly and 
                        unmistakably within the language and spirit of 
                        the exemption or exclusion.
                            ``(ii) 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 evidence.
            ``(2) No-less-protection rule.--
                    ``(A) In general.--The Secretary shall not take any 
                action to reduce a protection afforded under this 
                chapter to a service employee through any regulation, 
                guidance, opinion, ruling, standard, order, 
                adjudicative decision, or other interpretation from the 
                protection provided to the service employee through a 
                prior regulation, guidance, opinion, ruling, standard, 
                order, adjudicative decision, or other interpretation 
                in effect on the day before the date of such action, 
                unless such reduction is explicitly and specifically 
                mandated by an Act of Congress.
                    ``(B) Request for congressional action.--The 
                Secretary may submit a proposal to Congress for a 
                reduction described in subparagraph (A), but shall not 
                take any action described in such subparagraph without 
                an explicit and specific mandate by an Act of Congress.
                    ``(C) Standard of deference.--Notwithstanding 
                chapter 7 of title 5, United States Code, in any action 
                for judicial review of an agency action under such 
                chapter, a reviewing court shall defer to a regulation, 
                guidance, opinion, ruling, standard, order, 
                adjudicative decision, or other interpretation issued 
                by the agency that increases or otherwise strengthens a 
                protection afforded to a service employee under this 
                chapter unless such regulation, guidance, opinion, 
                ruling, standard, order, adjudicative decision, or 
                other interpretation is plainly erroneous or 
                inconsistent with this chapter.''.
    (h) Walsh-Healey Public Contracts Act.--
            (1) In general.--Chapter 65 of title 41, United States 
        Code, is amended by adding at the end the following:

``SEC. 6512. GENERAL STANDARDS FOR APPLYING AND INTERPRETING WORKERS' 
              RIGHTS.

    ``(a) Interpretation of Protections and Exemptions.--
            ``(1) Protections.--All protections afforded under this 
        chapter to individuals performing any labor, with respect to 
        the manufacture or furnishing of materials, supplies, articles, 
        or equipment under a contract to which this chapter applies, 
        who is an employee of the contractor of such contract, shall be 
        interpreted expansively in favor of such individual or an 
        individual claiming classification as such an individual.
            ``(2) Exemptions and exclusions.--
                    ``(A) In general.--All exemptions and exclusions 
                under this chapter shall be interpreted narrowly 
                against the contractor of a contract to which this 
                chapter applies, or person alleged to be such a 
                contractor, and limited in application to those persons 
                or circumstances plainly and unmistakably within the 
                language and spirit of the exemption or exclusion.
                    ``(B) 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 evidence.
    ``(b) No-Less-Protection Rule.--
            ``(1) In general.--The Secretary shall not take any action 
        to reduce a protection afforded under this chapter to an 
        individual performing any labor, with respect to the 
        manufacture or furnishing of materials, supplies, articles, or 
        equipment under a contract to which this chapter applies, who 
        is an employee of the contractor of such contract, through any 
        regulation, guidance, opinion, ruling, standard, order, 
        adjudicative decision, or other interpretation from the 
        protection provided to such individual through a prior 
        regulation, guidance, opinion, ruling, standard, order, 
        adjudicative decision, or other interpretation in effect on the 
        day before the date of such action, unless such reduction is 
        explicitly and specifically mandated by an Act of Congress.
            ``(2) Request for congressional action.--The Secretary may 
        submit a proposal to Congress for a reduction described in 
        paragraph (1), but shall not take any action described in such 
        paragraph without an explicit and specific mandate by an Act of 
        Congress.
            ``(3) Standard of deference.--Notwithstanding chapter 7 of 
        title 5, United States Code, in any action for judicial review 
        of an agency action under such chapter, a reviewing court shall 
        defer to a regulation, guidance, opinion, ruling, standard, 
        order, adjudicative decision, or other interpretation issued by 
        the agency that increases or otherwise strengthens a protection 
        afforded under this chapter to an individual performing any 
        labor, with respect to the manufacture or furnishing of 
        materials, supplies, articles, or equipment under a contract to 
        which this chapter applies, who is an employee of the 
        contractor of such contract, unless such regulation, guidance, 
        opinion, ruling, standard, order, adjudicative decision, or 
        other interpretation is plainly erroneous or inconsistent with 
        this chapter.''.
            (2) Table of sections.--The table of sections for chapter 
        65 of title 41, United States Code, is amended by adding at the 
        end the following:

Sec. 6512. General standards for applying and interpreting workers' 
                            rights.
    (i) Family and Medical Leave Act of 1993.--
            (1) In general.--Title I of the Family and Medical Leave 
        Act of 1993 (29 U.S.C. 2611 et seq.) is amended by adding at 
        the end the following:

``SEC. 110. GENERAL STANDARDS FOR APPLYING AND INTERPRETING WORKERS' 
              RIGHTS.

    ``(a) Interpretation of Protections and Exemptions.--
            ``(1) Protections.--All protections afforded eligible 
        employees under this title, including as applied through the 
        definitions under section 3, shall be interpreted expansively 
        in favor of the eligible employee or individual claiming 
        classification as an eligible employee.
            ``(2) Exemptions and exclusions.--
                    ``(A) In general.--All exemptions and exclusions 
                under this title, including as applied through the 
                definitions under section 3, shall be interpreted 
                narrowly against the employer, or person alleged to be 
                an employer, and limited in application to those 
                persons or circumstances plainly and unmistakably 
                within the language and spirit of the exemption or 
                exclusion.
                    ``(B) 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 evidence.
    ``(b) No-Less-Protection Rule.--
            ``(1) In general.--The Secretary shall not take any action 
        to reduce a protection afforded an eligible employee under this 
        title through any regulation, guidance, opinion, ruling, 
        standard, order, adjudicative decision, or other interpretation 
        from the protection provided to the eligible employee through a 
        prior regulation, guidance, opinion, ruling, standard, order, 
        adjudicative decision, or other interpretation in effect on the 
        day before the date of such action, unless such reduction is 
        explicitly and specifically mandated by an Act of Congress.
            ``(2) Request for congressional action.--The Secretary may 
        submit a proposal to Congress for a reduction described in 
        paragraph (1), but shall not take any action described in such 
        paragraph without an explicit and specific mandate by an Act of 
        Congress.
            ``(3) Standard of deference.--Notwithstanding chapter 7 of 
        title 5, United States Code, in any action for judicial review 
        of an agency action under such chapter, a reviewing court shall 
        defer to a regulation, guidance, opinion, ruling, standard, 
        order, adjudicative decision, or other interpretation issued by 
        the agency that increases or otherwise strengthens a protection 
        afforded to an eligible employee under this title unless such 
        regulation, guidance, opinion, ruling, standard, order, 
        adjudicative decision, or other interpretation is plainly 
        erroneous or inconsistent with this title.''.
            (2) Table of contents.--The table of contents in section 
        1(b) of the Family and Medical Leave Act of 1993 is amended by 
        inserting after the item relating to section 109 the following:

``Sec. 110. General standards for applying and interpreting workers' 
                            rights.''.
    (j) Federal Unemployment Tax Act (FUTA).--
            (1) In general.--Section 3306(w) of the Internal Revenue 
        Code of 1986, as amended by section 206(j), is amended by 
        adding at the end the following new paragraph:
            ``(8) Section 20 of such Act.''.
            (2) Effective date.--The amendment made by paragraph (1) 
        shall apply to services rendered on or after January 1, 2022.

SEC. 402. STATUTES OF LIMITATION.

    (a) FLSA; Walsh-Healey Public Contracts Act; Davis-Bacon Act.--
Section 6 of the Portal-to-Portal Act of 1947 (29 U.S.C. 255) is 
amended--
            (1) in the matter preceding subsection (a), by striking 
        ``for unpaid minimum wages, unpaid overtime compensation, or 
        liquidated damages,''; and
            (2) in subsection (a)--
                    (A) by striking ``two years'' each place it appears 
                and inserting ``4 years'';
                    (B) by inserting ``or repeated'' after ``willful''; 
                and
                    (C) by striking ``three years'' and inserting ``6 
                years''.
    (b) National Labor Relations Act.--Section 10(b) of the National 
Labor Relations Act (29 U.S.C. 160(b)) is amended--
            (1) by striking ``six months prior to the filing of the 
        charge with the Board'' and inserting ``4 years prior to the 
        filing of the charge with the Board, or 6 years prior to such 
        filing in the case of an alleged willful or repeated unfair 
        labor practice,''; and
            (2) by striking ``six-month period'' and inserting ``4-year 
        period, or 6-year period, as applicable,''.
    (c) Occupational Safety and Health Act of 1970.--Section 9(c) of 
the Occupational Safety and Health Act of 1970 (29 U.S.C. 658(c)) is 
amended by striking ``expiration of six months following the occurrence 
of any violation'' and inserting ``expiration of--
            ``(1) except as provided in paragraph (2), 4 years 
        following the occurrence of any violation described in 
        subsection (a); or
            ``(2) in the case of a violation described in subsection 
        (a) that is willful or repeated, 6 years following the 
        occurrence of the violation.''.
    (d) Family and Medical Leave Act of 1993.--Section 107(c) of the 
Family and Medical Leave Act of 1993 (29 U.S.C. 2617(c)) is amended--
            (1) in paragraph (1), by striking ``2 years'' and inserting 
        ``4 years''; and
            (2) in paragraph (2), by striking ``3 years'' and inserting 
        ``6 years''.

                      TITLE V--GENERAL PROVISIONS

SEC. 501. SEVERABILITY.

    If any provision of this Act or the application of such provision 
to any person, entity, government, or circumstance, is held to be 
unconstitutional, the remainder of this Act, or the application of such 
provision to all other persons, entities, governments, or 
circumstances, shall not be affected thereby.
                                 <all>