; and (B) if the court determines the operator so violated the order during that period— (i) the court shall determine the amount of the net profits derived by the operator from the individuals' labor during that period; and (ii) the court shall assess damages in the amount determined under clause (i), which damages shall be awarded to such individuals by the court. . (e) Migrant and Seasonal Agricultural Worker Protection Act (1) Strengthening employee test The Migrant and Seasonal Agricultural Worker Protection Act ( 29 U.S.C. 1801 et seq.) is amended— (A) by redesignating section 4 ( 29 U.S.C. 1803 ) as section 5; and (B) by inserting after section 3 ( 29 U.S.C. 1802 ) the following: 4. Employee test (a) In general For purposes of this Act, including any regulation under this Act and except as provided in subsection (c), an individual performing any service or activity described in section 3(3), including the handling, planting, drying, packing, packaging, processing, freezing, or grading described in such section, for remuneration for a person shall be an employee employed in agricultural employment by such person and not an independent contractor of the person, unless— (1) the individual is free from control and direction in connection with the performance of the service or activity, both under the contract for the performance of the service or activity and in fact; (2) the service or activity is performed outside the usual course of the business of the person