; and (II) was classified by the contractor as an independent contractor prior to the date of enactment of the Worker Flexibility and Small Business Protection Act of 2020 . (B) Rules regarding unlawful discharge or discrimination (i) Presumption of retaliation Any action taken against an individual, employed by the contractor or subcontractor in the manufacture or furnishing of materials, supplies, articles, or equipment under the contract, within 90 days of the individual taking any action described in subparagraph (A)(i), including taking any such action with respect to exercising the right of the individual pursuant to paragraph (5) to not be misclassified, shall establish a rebuttable presumption that the action is discrimination against the individual in violation of subparagraph (A). (ii) Motivating factor Unlawful discharge or other discrimination against an employee under subparagraph (A) is established when the complaining party demonstrates that one of the actions or the classification described in such subparagraph was a motivating factor for such discharge or other discrimination, even if such discharge or other discrimination was also motivated by other factors. . (5) Misclassification enforcement through reclassification orders and stop work orders Chapter 65 of title 41, United States Code, is amended by inserting after section 6506 the following: 6506a. Misclassification enforcement through reclassification orders and stop work orders (a) Reclassification orders (1) In general If the Secretary determines, after an investigation under section 6506(e), that a contractor of a contract to which this chapter applies has misclassified 1 or more individuals who are employees of the contractor performing any labor, with respect to the manufacture or furnishing of materials, supplies, articles, or equipment, under the contract, as not employees of the contractor, in violation of section 6502(5)— (A) the Secretary shall issue, not later than 24 hours after making such determination, an order against the