; 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 . . (5) Rules regarding unlawful discharge or discrimination Section 105(c) of the Federal Mine Safety and Health Act of 1977 ( 30 U.S.C. 815(c) ) is amended by adding at the end the following: (4) Presumption of retaliation Any action taken by a person described in paragraph (1)(A) against any miner, representative of miners, or applicant for employment in any coal or other mine subject to this Act, within 90 days of the miner, representative, or applicant taking any action described in such paragraph, including taking any such action with respect to exercising the right of an employee pursuant to section 117(a) to not be misclassified, shall establish a rebuttable presumption that the action is discrimination against the miner, representative, or applicant in violation of paragraph (1). (5) Motivating factor Unlawful discharge or discrimination under paragraph (1) against a miner, representative of miners, or applicant for employment in any coal or other mine subject to this Act 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 discrimination, even if such discharge or discrimination was also motivated by other factors. . (6) Misclassification enforcement through reclassification orders and stop work orders (A) In general The Federal Mine Safety and Health Act of 1977 ( 30 U.S.C. 801 et seq.) is amended by inserting after section 108 ( 30 U.S.C. 818 ) the following: 108A. Misclassification enforcement through reclassification orders and stop work orders (a) Reclassification orders (1) In general If the Secretary determines, after an investigation under section 103, that an operator of a coal or other mine has misclassified 1 or more individuals who are employees performing labor for the operator in a coal or other mine as