; 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. . (c) Occupational Safety and Health Act of 1970 (1) Strengthening employee test Section 3(6) of the Occupational Safety and Health Act of 1970 ( 29 U.S.C. 652(6) ) is amended— (A) by striking The term and inserting (A) The term ; and (B) by adding at the end the following: (B) (i) For purposes of this Act, including any standard, rule, regulation, or order promulgated pursuant to this Act, except as provided in subparagraphs (C) and (E), an individual performing any labor for remuneration for a person shall be an employee employed by such person and not an independent contractor of the person, unless— (I) 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; (II) the labor is performed outside the usual course of the business of the person