; (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; (dd) based on an act or omission of the 2 or more persons, the employee reasonably believed that such persons were the employee’s employers and the employee did not have actual knowledge that any of the persons were not the employee’s employer under this Act; or (ee) based on the totality of the circumstances of the industrial realities, including the way separate persons have structured their commercial relationship, 2 or more persons wield sufficient influence over any material term or condition of employment of the employee such that meaningful bargaining could not occur in the absence of the 2 or more persons. . (c) Occupational Safety and Health Act of 1970 Section 3(5) of the Occupational Safety and Health Act of 1970 ( 29 U.S.C. 652(5) ), as amended by section 102(c)(6)(A), is further amended by adding at the end the following: (C) Multiple employers (i) Rule of interpretation This subparagraph— (I) is to be read as an addition to, and an augmentation and expansion of, all relevant judicial and agency interpretations in existence on the date of enactment of the Worker Flexibility and Small Business Protection Act of 2020 regarding which persons qualify as employers in relation to a given employee under this Act, including in a multiple employer or joint employment structure; (II) shall not be interpreted by any court or agency as a restriction on, or narrowing of, any such interpretations