; (xiii) the Americans with Disabilities Act of 1990 ( 42 U.S.C. 12101 et seq. ); (xiv) the Age Discrimination in Employment Act of 1967 ( 29 U.S.C. 621 et seq. ); (xv) sick leave for Federal contractors Executive Order; (xvi) leave provided under section 5102 of the Emergency Paid Sick Leave Act ( 29 U.S.C. 2601 note); (xvii) Executive Order 14026 (relating to the minimum wage for Federal contractors); or (xviii) State laws with protections equivalent to the protections listed under this subparagraph, as defined in guidance issued by the Secretary of Labor not later than 90 days after the date of enactment of this Act. (D) The entity, and all contractors and subcontractors in the performance of the project, may not require arbitration for any dispute involving an employee described in subparagraph (E) engaged in a service for the entity or any contractor and subcontractor, or enter into any agreement with such employee requiring arbitration of any such dispute, unless such employee is covered by a collective bargaining agreement that provides otherwise. (E) For purposes of compliance with the National Labor Relations Act ( 29 U.S.C. 151 et seq. ), the Fair Labor Standards Act of 1938 ( 29 U.S.C. 201 et seq. ), and the requirements under this section, the entity, and all contractors and subcontractors in the performance of any project, shall consider an individual performing any service in such performance as an employee (and not an independent contractor) of the entity, contractor, or subcontractor, respectively, unless— (i) the individual is free from control and direction in connection with the performance of the service, both under the contract for the performance of the service and in fact; (ii) the service is performed outside the usual course of the business of the entity, contractor, or subcontractor, respectively