; or (ii) concerning the status of a covered individual as an employee or a non-employee for employment tax purposes within the meaning of subtitle C of the Internal Revenue Code of 1986; (B) testified or is about to testify in any proceeding described in subparagraph (A); or (C) served, or is about to serve, on an industry committee; ; (2) in paragraph (5), by striking the period at the end and inserting ; and ; and (3) by adding at the end the following: (6) to wrongly classify an employee of the person as a non-employee in accordance with section 11(c)(2). . (d) Special penalty for certain misclassification, recordkeeping, and notice violations Section 16 of the Fair Labor Standards Act of 1938 ( 29 U.S.C. 216 ) is amended— (1) in subsection (b)— (A) in the sixth sentence, by striking any employee each place the term occurs and inserting any covered individual ; (B) in the fourth sentence— (i) by striking employees and inserting covered individual ; and (ii) by striking he gives his consent and inserting such covered individual consents ; (C) in the third sentence— (i) by striking either of the preceding sentences and inserting any of the preceding sentences ; (ii) by striking one or more employees and inserting one or more covered individuals ; and (iii) by striking in behalf of himself or themselves and other employees and inserting on behalf of such covered individual or individuals and other covered individuals ; and (D) by inserting after the first sentence the following: Such liquidated damages are doubled (subject to section 11 of the Portal-to-Portal Act of 1947 ( 29 U.S.C. 260 )) where, in addition to violating the provisions of section 6 or 7, the employer has violated the provisions of section 15(a)(6) with respect to such employee or employees.