; (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(6) of the Occupational Safety and Health Act of 1970 ( 29 U.S.C. 652(6) ), as amended by paragraph (1), is further amended by adding at the end the following: (D) For purposes of this Act, including any standard, rule, regulation, or order promulgated pursuant to 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 this paragraph. . (3) Misclassification as a standalone violation (A) In general Section 5(a) of the Occupational Safety and Health Act of 1970 ( 29 U.S.C. 654(a) ) is amended— (i) in paragraph (2), by striking the period at the end and inserting a semicolon; and (ii) by adding at the end the following: (3) shall not misclassify an employee of the employer as not an employee of the employer for purposes of this Act, including any standard, rule, regulation, or order promulgated pursuant to this Act; and . (B) Incorporation to further violations Section 5(a) of the Occupational Safety and Health Act of 1970 ( 29 U.S.C. 654(a) ), as amended by subparagraph (A), is further amended by adding at the end the following: (4) shall not, for the purpose, in whole or in part, of facilitating, or evading detection of, a violation of this Act, including a violation of paragraph (3) or any standard, rule, regulation, or order promulgated pursuant to this Act— (A) incorporate or form, or assist in the incorporation or formation of, a corporation, partnership, limited liability corporation, or other entity