; or (B) if the violation is repeated or willful, $5,000. . (c) Conforming amendments to other laws (1) Age Discrimination in Employment Act of 1967 Section 7(a) of the Age Discrimination in Employment Act of 1967 ( 29 U.S.C. 626(a) ) is amended by striking sections 9 and 11 of the Fair Labor Standards Act of 1938, as amended ( 29 U.S.C. 209 and 211) and inserting sections 10 and 11 of the Fair Labor Standards Act of 1938, as amended ( 29 U.S.C. 210 and 211) . (2) Family and Medical Leave Act of 1993 Section 106(d) of the Family and Medical Leave Act of 1993 ( 29 U.S.C. 2616(d) ) is amended by striking section 9 of the Fair Labor Standards Act of 1938 ( 29 U.S.C. 209 ) and inserting section 10 of the Fair Labor Standards Act of 1938 ( 29 U.S.C. 210 ) . 102. Right to employee protections at work (a) Fair Labor Standards Act of 1938 (1) Strengthening employee test Section 3(e) of the Fair Labor Standards Act of 1938 ( 29 U.S.C. 203(e) ) is amended by adding at the end the following: (6) (A) For purposes of this Act, and except as provided in paragraphs (2), (3), (4), (5), (7), and (9), an individual performing any labor for remuneration for a person shall be an employee employed by the 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