; (B) shall not be interpreted by any court or agency as a restriction on, or narrowing of, any such interpretations; and (C) is not a codification of the common law and shall not be interpreted to reflect, or to be limited or restricted by, common law interpretations regarding whether a person is an employer of a given laborer or mechanic or whether multiple persons are employers of a laborer or mechanic. (2) Additional multiple employer determinations Two or more persons, acting directly or indirectly, shall be responsible for the rights and protections of this subchapter with respect to a laborer or mechanic if— (A) one of the persons is a contractor, or subcontractor, for a contract to which this subchapter applies and the laborer or mechanic is performing labor under such contract; (B) each such person directly or indirectly benefits or seeks to directly or indirectly benefit from the performance of labor by the laborer or mechanic; and (C) (i) each such person exerts actual direction or control, directly or indirectly, over any material term or condition of employment of the laborer or mechanic, including through an intermediary; (ii) each such person exerts functional direction or control, directly or indirectly, over any material term or condition of employment of the laborer or mechanic, including through an intermediary; (iii) each such person is legally capable, without regard as to whether such capability is used, of directly or indirectly— (I) exerting direction or control over any material term or condition of employment of the laborer or mechanic; (II) ensuring compliance with the requirements of this subchapter with regard to the laborer or mechanic's performance of such labor; or (III) upholding the rights and protections of this subchapter with regard to the laborer or mechanic's performance of such labor