; and (ii) was classified by the person as an independent contractor prior to the date of enactment of the Worker Flexibility and Small Business Protection Act of 2020 . (2) Rules regarding unlawful discharge or discrimination (A) Presumption of retaliation Any action taken against an individual within 90 days of the individual taking any action described in any of subparagraph (A), (B), or (C) of paragraph (1), including taking any such action with respect to exercising the right of an employee pursuant to subsection (c) to not be misclassified, shall establish a rebuttable presumption that the action is discrimination against the individual in violation of paragraph (1). (B) Motivating factor Unlawful discharge or other discrimination against an employee under paragraph (1) is established when the complaining party demonstrates that one of the actions or the classification described in such paragraph was a motivating factor for such discharge or other discrimination, even if such discharge or other discrimination was also motivated by other factors. . (3) Statutory employers in heavily misclassifying industries Section 101(4) of the Family and Medical Leave Act of 1993 ( 29 U.S.C. 2611(4) ) is amended by adding at the end the following: (C) Statutory employers in heavily misclassifying industries The term employer shall include any person who— (i) is described in subparagraph (A)(i)