; 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: 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