over such terms and conditions exercised by a person in fact: Provided, That nothing herein precludes a finding that indirect or reserved control standing alone can be sufficient given specific facts and circumstances. . (b) Employee Section 2(3) of the National Labor Relations Act ( 29 U.S.C. 152(3) ) is amended by adding at the end the following: An individual performing any service shall be considered an employee (except as provided in the previous sentence) and not an independent contractor, unless— (A) the individual is free from control and direction in connection with the performance of the service, both under the contract for the performance of service and in fact