; (iv) any contractually retained right of the owner of a mark, or an authorizing person, to directly control collective bargaining procedures or labor relations; and (v) any contractually retained right of the owner of a mark, or an authorizing person, to directly supervise the employees of a related company. (2) Applicability For the purposes of the National Labor Relations Act ( 29 U.S.C. 151 et seq. ) and the Fair Labor Standards Act of 1938 ( 29 U.S.C. 201 et seq. ), none of the following may be construed, alone or in combination with any other factor, as establishing an employment relationship between the owner of a mark that is a franchisor, or an authorizing person that is a franchisor, and a related company with respect to that franchisor, or the employees of that related company: (A) The licensing of the mark for use by that related company or the employees of that related company. (B) Any exercise of control over the mark by that owner or authorizing person, as applicable— (i) with respect to the use of the mark by that related company or the employees of that related company; and (ii) for the purpose of preserving or enhancing goodwill, a reputation, uniformity, or the expectation of the public with respect to the nature and quality of goods or services associated with the mark. . 3. Applicability This Act, and the amendments made by this Act, shall not apply to any proceeding before the National Labor Relations Board that is commenced before the date of enactment of this Act.