; (ii) shall not be interpreted by any court or agency as a restriction on, or narrowing of, any such interpretations; and (iii) 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 employee or whether multiple persons are employers of a given employee. (B) In general Two or more persons shall be employers with respect to an employee if each such person individually, acting directly or indirectly, is an employer of the employee, based on and in accordance with the meaning given the term employer under paragraphs (1), (2), and (3) of this subsection, the definition of employee under subsection (e), and the definition of employ under subsection (g). (C) Additional multiple employer determinations Notwithstanding subparagraph (B), 2 or more persons shall be employers, acting directly or indirectly, with respect to an employee if— (i) each such person directly or indirectly benefits or seeks to directly or indirectly benefit from the performance of labor by an employee; and (ii) (I) each such person exerts actual direction or control, directly or indirectly, over any material term or condition of employment of the employee, 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 employee, including through an intermediary; (III) each such person is legally capable, without regard as to whether such capability is used, of directly or indirectly— (aa) exerting direction or control over any material term or condition of employment of the employee; (bb) ensuring compliance with the requirements of this Act with regard to the employee’s performance of such labor; or (cc) upholding the rights and protections of this Act with regard to the employee’s performance of such labor