; and (2) by adding at the end the following: (B) Section 3(e)(2) of the Fair Labor Standards Act of 1938 ( 29 U.S.C. 203(e)(2) ) shall be used in determining under this Act whether an individual is an independent contractor or an employee of another person, except that for purposes of this Act a reference in such section to the term employee or person shall be deemed a reference to such term as defined in this section. .