; and (ii) includes any employee of an affected contract grower, or of another affected contractor, of a covered industrial operator. (B) Additional terms In this paragraph, the term employee means an individual performing any labor for a covered industrial operator, including through an affected contract grower or other affected contractor, unless— (i) the individual is free from control and direction in connection with the performance of the labor, both under the contract for the performance of labor and in fact; (ii) the labor is performed outside the usual course of the business of the covered industrial operator; and (iii) the individual is customarily engaged in an independently established trade, occupation, profession, or business of the same nature as that involved in the labor performed. (4) Disaster mitigation event The term disaster mitigation event means a disaster event affecting a covered industrial operator that triggers activities described in the disaster mitigation plan submitted by the covered industrial operator under section 112(a)(2)(B). 122. Minimum labor standards for covered workers and affected contract growers (a) Applicability A covered industrial operator that employs or contracts with covered workers, affected contract growers, or other affected contractors related to a disaster mitigation event shall comply with the labor standards described in subsection (b). (b) Labor standards The labor standards described in this subsection are the following: (1) Whistleblower protections A covered industrial operator shall not discharge, cause to be discharged, or in any other manner discriminate against any covered worker or affected contract grower because such covered worker or affected contract grower— (A) has filed any complaint or instituted or caused to be instituted any proceeding under or related to this section