; (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