; 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: 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