; and (B) 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 506 of the Migrant and Seasonal Agricultural Worker Protection Act ( 29 U.S.C. 1855 ), as so redesignated, is amended by adding at the end the following: (c) Rules regarding unlawful discharge or discrimination (1) Presumption of retaliation Any action taken by a person described in subsection (a)(1) against any migrant agricultural worker or seasonal agricultural worker within 90 days of the worker taking any action described in such subsection, including taking any such action with respect to exercising the right pursuant to section 405(a) to not be misclassified, shall establish a rebuttable presumption that the action is discrimination against the worker in violation of subsection (a). (2) Motivating factor Unlawful discrimination, including by intimidation, threat, restraint, coercion, blacklisting, or discharge as described in subsection (a), against a migrant agricultural worker or seasonal agricultural worker under such subsection, is established when the complaining party demonstrates that one or more actions or the classification described in such subsection was a motivating factor for such discrimination, even if such discrimination was also motivated by other factors. . (6) Misclassification enforcement through reclassification orders and stop work orders (A) In general Part A of title V of the Migrant and Seasonal Agricultural Worker Protection Act ( 29 U.S.C. 1851 et seq.), as amended by paragraph (5), is further amended by adding at the end the following: 508. Misclassification enforcement through reclassification orders and stop work orders (a) Reclassification orders (1) In general If the Secretary determines, after an investigation under section 512, that an agricultural employer, agricultural association, or farm labor contractor has misclassified 1 or more