; 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: 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