; (ii) any labor for a specified period of time; (iii) any labor in a specified geographical area; or (iv) any labor for another person that is similar to the labor such individual performed for the person that is a party to such agreement. . (2) Presumption of employee status Section 3(e) of the Fair Labor Standards Act of 1938 ( 29 U.S.C. 203(e) ), as amended by paragraph (1), is further amended by adding at the end the following: (8) For purposes of this Act, an individual performing any labor for remuneration for a person shall be presumed to be an employee of the person, unless the party seeking to assert otherwise establishes by clear and convincing evidence that the individual is not an employee in accordance with paragraphs (1) through (7) and paragraph (9). . (3) Misclassification as a standalone violation (A) In general The Fair Labor Standards Act of 1938 ( 29 U.S.C. 201 et seq.) is amended— (i) by inserting after section 4 ( 29 U.S.C. 204 ) the following: 5. Misclassification No employer shall misclassify any employee, who in any workweek is engaged in commerce or in the production of goods for commerce, or is employed in an enterprise engaged in commerce or in the production of goods for commerce, of the employer as not an employee of the employer for purposes of this Act. ; and (ii) in section 15(a) ( 29 U.S.C. 215(a) )— (I) in paragraph (5), by striking the period at the end and inserting a semicolon; and (II) by adding at the end the following: (6) to violate section 5; . (B) Incorporation to further violations Section 15(a) of the Fair Labor Standards Act of 1938 ( 29 U.S.C. 215(a) ), as amended by subparagraph (A)(ii), is further amended by adding at the end the following: (7) for the purpose, in whole or in part, of facilitating, or evading detection of, a violation of this Act, including a violation of paragraph (6)— (A) to incorporate or form, or assist in the incorporation or formation of, a corporation, partnership, limited liability corporation, or other entity