; (B) shall not be interpreted by any court or agency as a restriction on, or narrowing of, any such interpretations; and (C) is not a codification of the common law and shall not be interpreted to reflect, or to be limited or restricted by, common law interpretations regarding whether a person is an employer of an individual described in subparagraph (A) or whether multiple persons are employers of such individual. (2) Additional multiple employer determinations Two or more persons, acting directly or indirectly, shall be responsible for the rights and protections of this chapter with respect to an individual if— (A) one of the persons is a contractor for a contract to which this chapter applies and the individual is performing labor in the manufacture or furnishing of materials, supplies, articles, or equipment under the contract; (B) each such person directly or indirectly benefits or seeks to directly or indirectly benefit from such performance of labor by the individual; and (C) (i) each such person exerts actual direction or control, directly or indirectly, over any material term or condition of employment of the individual; (ii) each such person exerts functional direction or control, directly or indirectly, over any material term or condition of employment of the individual, including through an intermediary; (iii) each such person is legally capable, without regard as to whether such capability is used, of directly or indirectly— (I) exerting direction or control over any material term or condition of employment of the individual; (II) ensuring compliance with the requirements of this chapter with regard to the individual's performance of such labor; or (III) upholding the rights and protections of this chapter with regard to the individual's performance of such labor