; and (B) in any workweek is engaged in commerce or in the production of goods for commerce, or is employed by an enterprise engaged in commerce or in the production of goods for commerce. (2) Schedule and scheduling flexibility The term schedule and scheduling flexibility , with respect to the work of a covered employee under subsection (b), includes— (A) the timing of the work throughout an hour, day, week, month, or year; (B) the total duration of the work in any given period; (C) the location where the work is performed; and (D) the ability to perform work for any entity other than the employer of the covered employee, including any direct competitor of the employer. (b) Right To keep flexibility (1) In general Any covered employee of an employer has the right to maintain the same schedule and scheduling flexibility that the covered employee possessed at any time while performing labor for such employer as an independent contractor in the 12-month period prior to the date of enactment of the Worker Flexibility and Small Business Protection Act of 2020 . (2) Duration of right A covered employee shall continue to possess the right to maintain the same schedule and scheduling flexibility described in paragraph (1) for the duration of the employment of the covered employee with the employer. (3) Nonretaliation (A) In general An employer of a covered employee— (i) may not discharge the covered employee for any reason except upon a showing of just cause; and (ii) may not otherwise discriminate against the covered employee because of or with relation to the schedule or scheduling flexibility of the employee. (B) Discrimination For the purposes of subparagraph (A)(ii), the term discriminate , with respect to a covered employee, shall include— (i) reducing the amount or number of hours of work of the covered employee; (ii) restricting or limiting the work of the covered employee for the employer