ing the employer to immediately classify the 1 
or more individuals as employees of the em-
ployer; and 
‘‘(B) the employer shall immediately com-
ply with the order issued under subparagraph 
(A) or shall otherwise be in violation of section 
8(a)(6). 
‘‘(2) ORDERS.—An order issued under para-
graph (1) shall— 
‘‘(A) be effective at the time at which the 
order is served upon the employer, which may 
be accomplished by the posting of a copy of the 
order in a conspicuous location at the place of 
business of the employer; and 
‘‘(B) remain in effect during any review 
conducted under paragraph (3) with respect to 
such order and during any hearing and appeal 
regarding such order under paragraph (4). 
‘‘(3) REVIEW FOR RECONSIDERATION.— 
‘‘(A) IN GENERAL.—An employer against 
whom an order is issued under paragraph (1) 
may request a review for reconsideration with 
the General Counsel to contest the order. 
‘‘(B) REQUESTS.—A request under sub-
paragraph (A) shall be made in writing to the 
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General Counsel not more than 5 days after the 
issuance of the order. 
‘‘(C) REQUIREMENTS FOR REVIEW.— 
‘‘(i) IN
GENERAL.—A review under 
this paragraph shall— 
‘‘(I) commence not later than 24 
hours after a request is made under 
subparagraph (B); and 
‘‘(II) conclude not later than 24 
hours after such commencement. 
‘‘(ii) 
DETERMINATION.—Not 
later 
than 72 hours after a review concludes 
under clause (i)(II), the General Counsel 
shall determine whether to affirm, modify, 
or revoke the contested order. 
‘‘(4) HEARINGS AND APPEALS.—Any person ag-
grieved by a determination of the General Counsel 
under paragraph (3)(C)(ii) may— 
‘‘(A) request a hearing on the merits be-
fore an Administrative Law Judge; 
‘‘(B) appeal the determination of an Ad-
ministrative Law Judge under subparagraph 
(A) to the Board; and 
‘‘(C) appeal an order of the Board under 
subparagraph (B) to any court of appeals of the 
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United States in the circuit wherein the 
misclassification in question was alleged to have 
been engaged in or wherein such person resides 
or transacts business, or to the United States 
Court of Appeals for the District of Columbia. 
‘‘(5) TEMPORARY
RELIEF
OR
RESTRAINING 
ORDER.—The regional director issuing an order 
under paragraph (1) may seek, in any court de-
scribed in paragraph (4)(C) against an employer 
that violates an order issued under paragraph (1), 
temporary relief or a restraining order to bring the 
employer into compliance with such order issued 
under paragraph (1). A court shall issue such tem-
porary relief or restraining order if the regional di-
rector has demonstrated it is just and proper. 
‘‘(6) SUCCESSFULLY DISPROVING OCCURRENCE 
OF MISCLASSIFICATION.— 
‘‘(A) IN GENERAL.—If an employer with 
respect to whom an order was issued under 
paragraph (1) successfully proves through a re-
view under paragraph (3), or a subsequent 
hearing or appeals proceeding under paragraph 
(4), that the 1 or more individuals who were 
the subject of the order were not misclassified 
in violation of section 8(a)(6)— 
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‘‘(i) the order issued under paragraph 
(1) shall cease to be in effect; 
‘‘(ii) the employer shall not be liable 
for any applicable back pay, damages, or 
civil penalties owed by the employer under 
this 
Act 
with 
respect 
to 
the 
misclassification of such 1 or more individ-
uals; and 
‘‘(iii) the General Counsel, the Admin-
istrative Law Judge, the Board, or the 
court (as applicable) shall award (and the 
Secretary of the Treasury shall, in accord-
ance with subparagraph (B), pay) to the 
employer reasonable fees and expenses of 
attorneys in the same manner as such fees 
and expenses could be awarded under sec-
tion 2412 of title 28, United States Code, 
if the employer was a prevailing party and 
the review, hearing, or appeals proceeding 
was a civil action brought by or against the 
United States. 
‘‘(B) SOURCE OF FUNDS.—The Secretary 
of the Treasury shall, upon notification by the 
General Counsel, the Administrative Law 
Judge, the Board, or the court, as applicable, 
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pay any fees or expenses awarded under sub-
paragraph (A)(iii) from amounts in the general 
fund of the Treasury. 
‘‘(o) MISCLASSIFICATION ENFORCEMENT THROUGH 
STOP WORK ORDERS.— 
‘‘(1) IN GENERAL.—In any case where a re-
gional director has reasonable cause to believe that 
an employer has not complied with a reclassification 
order issued by a regional director under subsection 
(n)(1), with respect to 2 or more individuals who are 
misclassified, within 30 days of being served with 
the order, the regional director shall issue— 
‘‘(A) subject to subparagraph (B), an 
order against the employer requiring the ces-
sation of all business operations of such em-
ployer at the location of the violation; or 
‘‘(B) if an order described in subparagraph 
(A) has been previously issued against the em-
ployer by any Federal, State, or local agency 
for misclassifying an employee as not an em-
ployee in violation of section 8(a)(6), or an 
equivalent State or local law as determined by 
the General Counsel, an order against the em-
ployer requiring the cessation of all business op-
erations of such employer at all business loca-
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tions of the employer, including locations other 
than the location where the misclassification oc-
curred. 
‘‘(2) ORDERS.— 
‘‘(A) APPLICABILITY.—An order issued 
under paragraph (1) shall— 
‘‘(i) be effective at the time at which 
the order is served upon the employer, 
which may be accomplished by the posting 
of a copy of the order in a conspicuous lo-
cation at the place of business of the em-
ployer; and 
‘‘(ii) remain in effect— 
‘‘(I) during any review under 
paragraph (3) with respect to such 
order or hearing and appeal of such 
order under paragraph (4); and 
‘‘(II) until the regional director 
issues a release order under subpara-
graph (B). 
‘‘(B) RELEASE ORDERS.— 
‘‘(i) IN
GENERAL.—An order issued 
under paragraph (1) (that is not revoked 
by the General Counsel or the Board or 
held unlawful or set aside by a court) shall 
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remain in effect until the regional director 
issues another order releasing the order 
issued under paragraph (1) upon a finding 
by the regional director that the em-
ployer— 
‘‘(I) has corrected the violation of 
section 8(a)(6) with respect to the 2 
or 
more 
individuals 
who 
were 
misclassified resulting in the order; 
and 
‘‘(II) has agreed to a payment 
schedule for all applicable back pay, 
damages, and civil penalties owed by 
the employer under this Act. 
‘‘(ii) REINSTATEMENT.—If, at any 
time after the regional director issues a re-
lease order under clause (i), the employer 
fails to comply with the terms of the pay-
ment schedule described in clause (i)(II), 
the regional director shall reinstate the 
order issued under paragraph (1) until the 
employer is in compliance with such terms. 
‘‘(3) REVIEW FOR RECONSIDERATION.— 
‘‘(A) IN GENERAL.—An employer against 
whom an order is issued under paragraph (1) 
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may request a review for reconsideration by the 
General Counsel to contest the order. 
‘‘(B) REQUESTS.—A request under sub-
paragraph (A) shall be made in writing to the 
General Counsel not more than 5 days after the 
issuance of the order. 
‘‘(C) REQUIREMENTS FOR REVIEW.— 
‘‘(i) IN
GENERAL.—A review under 
this paragraph shall— 
‘‘(I) commence not later than 24 
hours after a request is made under 
subparagraph (B); and 
‘‘(II) conclude not later than 24 
hours after such commencement. 
‘‘(ii) 
DETERMINATION.—Not 
later 
than 72 hours after a review concludes 
under clause (i)(II), the General Counsel 
shall determine whether to affirm, modify, 
or revoke the contested order. 
‘‘(4) HEARINGS AND APPEALS.—Any person ag-
grieved by a determination of the General Counsel 
under paragraph (3)(C)(ii) may— 
‘‘(A) request a hearing on the merits be-
fore an Administrative Law Judge; 
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‘‘(B) appeal a determination by an Admin-
istrative Law Judge under subparagraph (A) to 
the Board; and 
‘‘(C) appeal an order of the Board under 
subparagraph (B) to any court of appeals of the 
United States in the circuit wherein the 
misclassification in question was alleged to have 
been engaged in or wherein such person resides 
or transacts business, or to the United States 
Court of Appeals for the District of Columbia. 
‘‘(5) TEMPORARY RELIEF OR RESTRAINING OR-
DERS.—The regional director may seek, in any court 
described in paragraph (4)(C) against an employer 
that violates an order issued under paragraph (1), 
temporary relief or a restraining order to bring the 
employer into compliance with such order. A court 
shall issue such temporary relief or restraining order 
if the regional director has demonstrated it is just 
and proper. 
‘‘(6) COMPENSATION FOR LOST WORK.— 
‘‘(A) IN
GENERAL.—Subject to subpara-
graph (B), an employer with respect to whom 
an order is issued under paragraph (1) shall 
pay each employee of the employer, who loses 
compensation due to the work of such employee 
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ceasing as a result of such order, the compensa-
tion that would be owed to such employee if the 
order was not issued. 
‘‘(B) 
LIMITATION.—Compensation 
paid 
under subparagraph (A) shall be for each day, 
not to exceed 10 days, for which the employee 
would be paid if the order described in such 
subparagraph were not in effect. 
‘‘(7) SUCCESSFULLY DISPROVING OCCURRENCE 
OF MISCLASSIFICATION.— 
‘‘(A) IN GENERAL.—In any case where an 
employer with respect to whom an order was 
issued under paragraph (1) successfully proves, 
through a review under paragraph (3) or a sub-
sequent hearing or appeals proceeding under 
paragraph (4), that the 2 or more individuals 
who were the subject of the order were not 
misclassified in violation of section 8(a)(6)— 
‘‘(i) the order issued under paragraph 
(1), and any order issued against the em-
ployer under subsection (n)(1) with respect 
to such 2 or more individuals, shall cease 
to be in effect; 
‘‘(ii) the employer shall not be liable 
for any applicable back pay, damages, or 
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civil penalties owed by the employer under 
this 
Act 
with 
respect 
to 
the 
misclassification of such 2 or more individ-
uals; and 
‘‘(iii) the General Counsel, the Admin-
istrative Law Judge, the Board, or the 
court, as applicable, shall award (and the 
Secretary of the Treasury shall, in accord-
ance with subparagraph (B), pay) to the 
employer— 
‘‘(I) the amount equal to any de-
monstrable lost net profits resulting 
from the order, as demonstrated by 
clear and convincing evidence; and 
‘‘(II) reasonable fees and ex-
penses of attorneys in the same man-
ner as such fees and expenses could 
be awarded under section 2412 of title 
28, United States Code, if the em-
ployer was a prevailing party and the 
review, hearing, or appeals proceeding 
was a civil action brought by or 
against the United States. 
‘‘(B) SOURCE OF FUNDS.—The Secretary 
of the Treasury shall, upon notification by the 
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General Counsel, the Administrative Law 
Judge, the Board, or the court, as applicable, 
pay any amounts, fees, or expenses awarded 
under subparagraph (A)(iii) from amounts 
available in the general fund of the Treasury.’’. 
(B) PENALTIES.—Section 12 of the Na-
tional Labor Relations Act (29 U.S.C. 162), as 
amended by paragraph (3)(C), is further 
amended by adding at the end the following: 
‘‘(c) PENALTIES FOR VIOLATIONS OF RECLASSIFICA-
TION ORDERS.— 
‘‘(1) CIVIL PENALTIES.—Any person who vio-
lates a reclassification order issued by a regional di-
rector under section 10(n)(1) shall be subject to a 
civil penalty of not less than $5,000 per day, with 
each day constituting a separate offense. 
‘‘(2) ADDITIONAL
DAMAGES.—In any case 
where an employer contests a reclassification order 
issued by a regional director under paragraph (1) of 
section 10(n) in a review under paragraph (3) of 
such section, a hearing under paragraph (4)(A) of 
such section, an appeal to the Board under para-
graph (4)(B) of such section, and a subsequent judi-
cial proceeding under paragraph (4)(C) of such sec-
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tion and a court rules in favor of the regional direc-
tor— 
‘‘(A) the court shall determine if, during 
the period between the issuance of the order 
and the conclusion of the proceeding, the em-
ployer violated such order by not classifying the 
1 or more individuals as employees during that 
period; and 
‘‘(B) if the court determines the employer 
so violated the order during that period— 
‘‘(i) the court shall determine the 
amount of net profits derived by the em-
ployer from the individuals’ labor during 
that period; and 
‘‘(ii) the court shall assess damages in 
the amount determined under clause (i), 
which damages shall be awarded to such 
individuals by the court.’’. 
(c) OCCUPATIONAL SAFETY AND HEALTH ACT OF 
1970.— 
(1) STRENGTHENING
EMPLOYEE
TEST.—Sec-
tion 3(6) of the Occupational Safety and Health Act 
of 1970 (29 U.S.C. 652(6)) is amended— 
(A) by striking ‘‘The term’’ and inserting 
‘‘(A) The term’’; and 
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(B) by adding at the end the following: 
‘‘(B)(i) For purposes of this Act, including any 
standard, rule, regulation, or order promulgated pur-
suant to this Act, except as provided in subpara-
graphs (C) and (E), an individual performing any 
labor for remuneration for a person shall be an em-
ployee employed by such person and not an inde-
pendent contractor of the person, unless— 
‘‘(I) the individual is free from control and 
direction in connection with the performance of 
the labor, both under the contract for the per-
formance of the labor and in fact; 
‘‘(II) the labor is performed outside the 
usual course of the business of the person; and 
‘‘(III) the individual is customarily en-
gaged in an independently established trade, oc-
cupation, profession, or business of the same 
nature as that involved in the labor performed. 
‘‘(ii) Clause (i) is not a codification of the com-
mon law and shall not be interpreted to reflect, or 
to be limited or restricted by, common law interpre-
tations regarding when an individual is an employee 
of another person. Clause (i) shall be considered 
complete as written, and any judicial or agency in-
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terpretation of such clause shall be limited to the ex-
plicit requirements of such clause. 
‘‘(iii) The requirements of clause (i) shall not be 
in any way affected by any agreement, written or 
otherwise, that purports to demonstrate an individ-
ual’s acknowledgment of or acquiescence to the ab-
sence of an employer-employee relationship with a 
particular employer. 
‘‘(C)(i) Notwithstanding any contrary provi-
sions in this paragraph or paragraph (5), in any in-
stance in which there is a non-compete agreement 
between a person and an individual who performs 
labor for such person, the presence of the non-com-
pete agreement, without regard to the legality or en-
forceability of the non-compete agreement, shall be 
evidence of control for purposes of subparagraph 
(B)(i)(I), but shall not by itself establish an employ-
ment relationship between such person and the indi-
vidual. 
‘‘(ii) In this subparagraph, the term ‘non-com-
pete agreement’ means an agreement between a per-
son and an individual who performs labor for such 
person that restricts the individual from performing, 
either during or after the individual performs labor 
for such person— 
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‘‘(I) any labor for another person; 
‘‘(II) any labor for a specified period of 
time; 
‘‘(III) any labor in a specified geographical 
area; or 
‘‘(IV) any labor for another person that is 
similar to the labor such individual performed 
for the person that is a party to such agree-
ment.’’. 
(2) PRESUMPTION
OF
EMPLOYEE
STATUS.— 
Section 3(6) of the Occupational Safety and Health 
Act of 1970 (29 U.S.C. 652(6)), as amended by 
paragraph (1), is further amended by adding at the 
end the following: 
‘‘(D) For purposes of this Act, including any 
standard, rule, regulation, or order promulgated pur-
suant to this Act, an individual performing any labor 
for remuneration for a person shall be presumed to 
be an employee of the person, unless the party seek-
ing to assert otherwise establishes by clear and con-
vincing evidence that the individual is not an em-
ployee in accordance with this paragraph.’’. 
(3) MISCLASSIFICATION AS A STANDALONE VIO-
LATION.— 
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(A) IN GENERAL.—Section 5(a) of the Oc-
cupational Safety and Health Act of 1970 (29 
U.S.C. 654(a)) is amended— 
(i) in paragraph (2), by striking the 
period at the end and inserting a semi-
colon; and 
(ii) by adding at the end the fol-
lowing: 
‘‘(3) shall not misclassify an employee of the 
employer as not an employee of the employer for 
purposes of this Act, including any standard, rule, 
regulation, or order promulgated pursuant to this 
Act; and’’. 
(B) INCORPORATION TO FURTHER VIOLA-
TIONS.—Section 5(a) of the Occupational Safe-
ty and Health Act of 1970 (29 U.S.C. 654(a)), 
as amended by subparagraph (A), is further 
amended by adding at the end the following: 
‘‘(4) shall not, for the purpose, in whole or in 
part, of facilitating, or evading detection of, a viola-
tion of this Act, including a violation of paragraph 
(3) or any standard, rule, regulation, or order pro-
mulgated pursuant to this Act— 
‘‘(A) incorporate or form, or assist in the 
incorporation or formation of, a corporation, 
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partnership, limited liability corporation, or 
other entity; or 
‘‘(B) pay or collect a fee for use of a for-
eign or domestic corporation, partnership, lim-
ited liability corporation, or other entity.’’. 
(C) PENALTIES.—Section 17 of the Occu-
pational Safety and Health Act of 1970 (29 
U.S.C. 666) is amended— 
(i) by redesignating subsections (j), 
(k), and (l) as subsections (o), (p), and (q), 
respectively; and 
(ii) by inserting after subsection (i) 
the following: 
‘‘(j) CIVIL PENALTIES FOR MISCLASSIFICATION OR 
INCORPORATION TO FURTHER VIOLATIONS.— 
‘‘(1) IN
GENERAL.—Any person who violates 
paragraph (3) or (4) of section 5(a) shall be subject 
to a civil penalty of— 
‘‘(A) subject to subparagraphs (B) and 
(C), $10,000; 
‘‘(B) if the violation is repeated or willful, 
$30,000; or 
‘‘(C) if the violation is widespread, 1 per-
cent of the net profits of the person for the year 
in which the person had the highest net profits 
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out of all years in which the person was in such 
violation. 
‘‘(2) REPEATED, OR
WILLFUL, AND
WIDE-
SPREAD VIOLATIONS.—If a violation of paragraph 
(3) or (4) of section 5(a) is repeated or willful, as 
described in paragraph (1)(B), and is widespread, as 
described in paragraph (1)(C), the higher penalty of 
the penalties described in such paragraphs shall 
apply. 
‘‘(3) PAYMENT
OF
PENALTIES.—Any penalty 
assessed under paragraph (1) for a violation of para-
graph (3) or (4) of section 5(a) shall be paid from 
an account of the person in such violation and not 
paid, or reimbursed, by any insurance plan that 
would indemnify the person from violations of such 
paragraph (3) or (4), respectively. If a person re-
ceives a payment from an insurance plan to indem-
nify the person from a violation of such paragraph, 
the person shall transfer the payment to the Sec-
retary, in addition to the amount to be paid from 
the account of the person for the penalty.’’. 
(4) PROTECTION
FROM
RETALIATION
FOR 
BEING AN EMPLOYEE.—Section 11(c)(1) of the Oc-
cupational Safety and Health Act of 1970 (29 
U.S.C. 660(c)(1)) is amended— 
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(A) by striking ‘‘because such employee’’ 
and inserting ‘‘because— 
‘‘(A) such employee;’’; 
(B) by striking ‘‘afforded by this Act.’’ and 
inserting ‘‘afforded by this Act; or’’; and 
(C) by adding at the end the following: 
‘‘(B) such employee— 
‘‘(i) is required, pursuant to the en-
actment of the Worker Flexibility and 
Small Business Protection Act of 2020, to 
be classified as an employee of the person 
for purposes of this Act, including any 
standard, rule, regulation, or order pro-
mulgated pursuant to this Act, and not an 
independent contractor; and 
‘‘(ii) was classified by the person as 
an independent contractor prior to the date 
of enactment of the Worker Flexibility and 
Small Business Protection Act of 2020.’’. 
(5) RULES REGARDING UNLAWFUL DISCHARGE 
OR DISCRIMINATION.—Section 11(c) of the Occupa-
tional Safety and Health Act of 1970 (29 U.S.C. 
660(c)) is amended by adding at the end the fol-
lowing: 
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‘‘(4) PRESUMPTION OF RETALIATION.—Any ac-
tion taken by a person described in paragraph 
(1)(A) against an employee within 90 days of the 
employee taking any action described in such para-
graph, including taking any such action with respect 
to exercising the right of the employee pursuant to 
section 5(a)(3) to not be misclassified, shall establish 
a rebuttable presumption that the action is discrimi-
nation against the employee in violation of para-
graph (1). 
‘‘(5) 
MOTIVATING
FACTOR.—Unlawful 
dis-
charge or other discrimination against an employee 
under paragraph (1) is established when the com-
plaining party demonstrates that one of the actions 
or the classification described in such paragraph was 
a motivating factor for such discharge or other dis-
crimination, even if such discharge or other discrimi-
nation was also motivated by other factors.’’. 
(6) 
STATUTORY
EMPLOYERS
IN
HEAVILY 
MISCLASSIFIED INDUSTRIES.— 
(A) DEFINITION OF EMPLOYER.—Section 
3(5) of the Occupational Safety and Health Act 
of 1970 (29 U.S.C. 652(5)) is amended to read 
as follows: 
‘‘(5) EMPLOYER.— 
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‘‘(A) IN GENERAL.—The term ‘employer’ means 
a person engaged in a business affecting commerce 
who has employees. 
‘‘(B) EXCLUSION.—The term ‘employer’ does 
not include the United States (not including the 
United States Postal Service) or any State or polit-
ical subdivision of a State. 
‘‘(C) STATUTORY EMPLOYERS IN CERTAIN IN-
DUSTRIES.—The term ‘employer’ shall include any 
person (except as provided in subparagraph (B)), 
with respect to an individual described in paragraph 
(6)(E) performing labor that is beneficial to the per-
son, that is engaged in any of the following work: 
‘‘(i) Transportation, including any person 
that benefits from labor performed by individ-
uals in the form of transportation in a motor-
ized or unmotorized vehicle, by foot, or by any 
other means, including transportation network 
companies, technology platform companies, pas-
senger transportation or food transportation 
companies, and cargo transportation companies. 
‘‘(ii) Network dispatching, including any 
person that uses a digital network to connect 
individuals or entities seeking services or labor 
with individuals or entities seeking to provide 
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services or labor, but not including any person 
who owns, controls, or manages— 
‘‘(I) a completely neutral physical or 
internet marketplace where the procure-
ment of goods or services takes place be-
tween individuals who are completely inde-
pendent from and free from any and all di-
rection or control by the person owning, 
controlling, or managing the neutral mar-
ketplace, including such person having ab-
solutely no role in the setting of prices or 
rates, in the assignment or referral of re-
quests for goods or services to individuals 
who could potentially provide such goods 
or services, and in the acceptance or rejec-
tion of any requests for goods or services; 
and 
‘‘(II) a labor organization hiring 
hall.’’. 
(B) DEFINITION OF EMPLOYEE.—Section 
3(6) of the Occupational Safety and Health Act 
of 1970 (29 U.S.C. 652(6)), as amended by 
paragraph (2), is further amended by adding at 
the end the following: 
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‘‘(E) Notwithstanding subparagraphs (A) and (B) of 
this paragraph or paragraph (5) (other than subparagraph 
(C) of such paragraph), the term ‘employee’, with respect 
to an employer described in paragraph (5)(C), shall in-
clude any individual performing labor that is beneficial to 
the employer, including— 
‘‘(i) with respect to transportation described in 
clause (i) of such paragraph, any individual who per-
forms any portion of the labor included under such 
clause, including individuals who perform labor in 
the form of engaging in transportation beneficial to 
transportation network companies, technology plat-
form companies, passenger transportation or food 
transportation companies, or cargo transportation 
companies; and 
‘‘(ii) with respect to network dispatching de-
scribed in clause (ii) of such paragraph, any indi-
vidual who performs any portion of the labor in-
cluded under such clause, including providing the 
services or labor described in such clause to the indi-
viduals or entities seeking such services or labor.’’. 
(7) 
MISCLASSIFICATION
ENFORCEMENT 
THROUGH
RECLASSIFICATION
ORDERS
AND
STOP 
WORK ORDERS.— 
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(A) IN GENERAL.—The Occupational Safe-
ty and Health Act of 1970 (29 U.S.C. 651 et 
seq.) is amended by inserting after section 13 
(29 U.S.C. 662) the following: 
‘‘SEC. 13A. MISCLASSIFICATION ENFORCEMENT THROUGH 
RECLASSIFICATION 
ORDERS 
AND 
STOP 
WORK ORDERS. 
‘‘(a) RECLASSIFICATION ORDERS.— 
‘‘(1) IN
GENERAL.—If the Secretary deter-
mines, after an investigation under section 8, that 
an employer has misclassified 1 or more individuals 
who are employees of the employer as not employees 
in violation of section 5(a)(3)— 
‘‘(A) the Secretary shall issue, not later 
than 24 hours after making such determination, 
an order against the employer requiring the em-
ployer to immediately classify the 1 or more in-
dividuals as employees of the employer; and 
‘‘(B) the employer shall immediately com-
ply with the order issued under subparagraph 
(A) or shall otherwise be in violation of section 
5(a)(3). 
‘‘(2) ORDERS.—An order issued under para-
graph (1) shall— 
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‘‘(A) be effective at the time at which the 
order is served upon the employer, which may 
be accomplished by the posting of a copy of the 
order in a conspicuous location at the place of 
business of the employer; and 
‘‘(B) remain in effect during any review 
conducted under paragraph (3) with respect to 
such order and during any hearing and appeal 
of such order under paragraph (4). 
‘‘(3) REVIEW FOR RECONSIDERATION.— 
‘‘(A) IN GENERAL.—An employer against 
whom an order is issued under paragraph (1) 
may request a review by the Secretary to con-
test the order. 
‘‘(B) REQUESTS.—A request under sub-
paragraph (A) shall be made in writing to the 
Secretary not more than 5 days after the 
issuance of the order. 
‘‘(C) REQUIREMENTS FOR REVIEW.— 
‘‘(i) IN
GENERAL.—A review under 
this paragraph shall— 
‘‘(I) commence not later than 24 
hours after a request is made under 
subparagraph (B); and 
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‘‘(II) conclude not later than 24 
hours after such commencement. 
‘‘(ii) 
DETERMINATION.—Not 
later 
than 72 hours after a review concludes 
under clause (i)(II), the Secretary shall de-
termine whether to affirm, modify, or re-
voke the contested order. 
‘‘(4) HEARINGS AND APPEALS.—Any person ag-
grieved by a determination of the Secretary under 
paragraph (3)(C)(ii) may— 
‘‘(A) request a hearing to appeal such de-
termination to an administrative law judge; and 
‘‘(B) appeal an order of an administrative 
law judge under subparagraph (A) to any 
United States court of appeals for the circuit in 
which the violation is alleged to have occurred 
or where the employer has its principal office, 
or in the Court of Appeals for the District of 
Columbia Circuit. 
‘‘(5) APPROPRIATE
RELIEF.—The Secretary 
may seek appropriate relief, in a court described in 
paragraph (4)(B), to restrain any employer that vio-
lates an order issued under paragraph (1). A court 
shall issue such appropriate relief if the Secretary 
has demonstrated it is just and proper. 
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‘‘(6) SUCCESSFULLY DISPROVING OCCURRENCE 
OF MISCLASSIFICATION.— 
‘‘(A) IN GENERAL.—If an employer with 
respect to whom an order was issued under 
paragraph (1) successfully proves through a re-
view under paragraph (3), or a hearing or ap-
peal under paragraph (4), that the 1 or more 
individuals who were the subject of the order 
were not misclassified in violation of section 
5(a)(3)— 
‘‘(i) the order issued under paragraph 
(1) shall cease to be in effect; 
‘‘(ii) the employer shall not be liable 
for any applicable back pay, damages, or 
civil penalties owed by the employer under 
this Act (including any standard, rule, reg-
ulation, or order promulgated pursuant to 
this 
Act) 
with 
respect 
to 
the 
misclassification of such 1 or more individ-
uals; and 
‘‘(iii) the Secretary, administrative 
law judge, or the court, as applicable, shall 
award (and the Secretary of Labor shall, 
in accordance with subparagraph (B), pay) 
to the employer reasonable fees and ex-
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penses of attorneys in the same manner as 
such fees and expenses could be awarded 
under section 2412 of title 28, United 
States Code, if the employer was a pre-
vailing party and the review, hearing, or 
appeals proceeding was a civil action 
brought by or against the United States. 
‘‘(B) SOURCE OF FUNDS.—The Secretary 
of the Treasury shall, upon notification by the 
Secretary of Labor, administrative law judge, or 
a court, as applicable, pay any fees or expenses 
awarded under subparagraph (A)(iii) from 
amounts in the general fund of the Treasury. 
‘‘(b) STOP WORK ORDERS.— 
‘‘(1) IN GENERAL.—In any case where an em-
ployer does not comply with a reclassification order 
issued by the Secretary under subsection (a)(1), with 
respect 
to 
or 
more 
individuals 
who 
are 
misclassified, within 30 days of being served with 
the order, the Secretary shall issue— 
‘‘(A) subject to subparagraph (B), an 
order against the employer requiring the ces-
sation of all business operations of such em-
ployer at the location of the violation; or 
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‘‘(B) if an order described in subparagraph 
(A) has been previously issued against the em-
ployer by any Federal, State, or local agency 
for misclassifying an employee as not an em-
ployee in violation of section 5(a)(3), or an 
equivalent State or local law as determined by 
the Secretary, an order against the employer re-
quiring the cessation of all business operations 
of such employer at all business locations of the 
employer, including locations other than the lo-
cation where the misclassification occurred. 
‘‘(2) ORDERS.— 
‘‘(A) APPLICABILITY.—An order issued 
under paragraph (1) shall— 
‘‘(i) be effective at the time at which 
the order is served upon the employer, 
which may be accomplished by the posting 
of a copy of the order in a conspicuous lo-
cation at the place of business of the em-
ployer; and 
‘‘(ii) remain in effect— 
‘‘(I) during any review conducted 
under paragraph (3) with respect to 
such order and any hearing and ap-
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peal of such order under paragraph 
(4); and 
‘‘(II) until the Secretary issues a 
release order under subparagraph (B). 
‘‘(B) RELEASE ORDERS.— 
‘‘(i) IN
GENERAL.—An order issued 
under paragraph (1) (that is not revoked 
by the Secretary or held unlawful or set 
aside by an administrative law judge or a 
court) shall remain in effect until the Sec-
retary issues another order releasing the 
order issued under such paragraph upon a 
finding by the Secretary that the em-
ployer— 
‘‘(I) has corrected the violation of 
section 5(a)(3) with respect to the 2 
or 
more 
individuals 
who 
were 
misclassified resulting in the order; 
and 
‘‘(II) has agreed to a payment 
schedule for all applicable back pay, 
damages, and civil penalties owed by 
the employer under this Act, including 
any standard, rule, regulation, or 
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order promulgated pursuant to this 
Act. 
‘‘(ii) REINSTATEMENT.—If, at any 
time after the Secretary issues a release 
order under subparagraph (A), the em-
ployer fails to comply with the terms of the 
payment schedule described in clause 
(i)(II), the Secretary shall reinstate the 
order issued under paragraph (1) until the 
employer is in compliance with such terms. 
‘‘(3) REVIEW FOR RECONSIDERATION.— 
‘‘(A) IN GENERAL.—An employer against 
whom an order is issued under paragraph (1) 
may request a review by the Secretary to con-
test the order. 
‘‘(B) REQUESTS.—A request under sub-
paragraph (A) shall be made in writing to the 
Secretary not more than 5 days after the 
issuance of the order. 
‘‘(C) REQUIREMENTS FOR REVIEW.— 
‘‘(i) IN
GENERAL.—A review under 
this paragraph shall— 
‘‘(I) commence not later than 24 
hours after a request is made under 
subparagraph (B); and 
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‘‘(II) conclude not later than 24 
hours after such commencement. 
‘‘(ii) 
DETERMINATION.—Not 
later 
than 72 hours after a review concludes 
under clause (i)(II), the Secretary shall de-
termine whether to affirm, modify, or re-
voke the contested order. 
‘‘(4) HEARINGS AND APPEALS.—Any person ag-
grieved by a determination of the Secretary under 
paragraph (3)(C)(ii) may— 
‘‘(A) request a hearing to appeal such de-
termination to an administrative law judge; and 
‘‘(B) appeal an order of an administrative 
law judge under subparagraph (A) to any 
United States court of appeals for the circuit in 
which the violation is alleged to have occurred 
or where the employer has its principal office, 
or in the Court of Appeals for the District of 
Columbia Circuit. 
‘‘(5) APPROPRIATE
RELIEF.—The Secretary 
may seek appropriate relief, in a court described in 
paragraph (4)(B), to restrain any employer that vio-
lates an order issued under paragraph (1). A court 
shall issue such appropriate relief if the Secretary 
has demonstrated it is just and proper. 
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‘‘(6) COMPENSATION FOR LOST WORK.— 
‘‘(A) IN
GENERAL.—Subject to subpara-
graph (B), an employer with respect to whom 
an order is issued under paragraph (1) shall 
pay each employee of the employer, who loses 
compensation due to the work of such employee 
ceasing as a result of such order, the compensa-
tion that would be owed to such employee if the 
order was not issued. 
‘‘(B) 
LIMITATION.—Compensation 
paid 
under subparagraph (A) shall be for each day, 
not to exceed 10 days, for which the employee 
would be paid if the order described in such 
paragraph were not in effect. 
‘‘(7) SUCCESSFULLY DISPROVING OCCURRENCE 
OF MISCLASSIFICATION.— 
‘‘(A) IN GENERAL.—In any case where an 
employer with respect to whom an order was 
issued under paragraph (1) successfully proves, 
through a review under paragraph (3) or a sub-
sequent hearing or appeals proceeding under 
paragraph (4), that the 2 or more individuals 
who were the subject of the order were not 
misclassified in violation of section 5(a)(3)— 
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‘‘(i) the order issued under paragraph 
(1), and any order issued against the em-
ployer under subsection (a)(1) with respect 
to such 2 or more individuals, shall cease 
to be in effect; 
‘‘(ii) the employer shall not be liable 
for any applicable back pay, damages, or 
civil penalties owed by the employer under 
this Act (including any standard, rule, reg-
ulation, or order promulgated pursuant to 
this 
Act) 
with 
respect 
to 
the 
misclassification of such 2 or more individ-
uals; and 
‘‘(iii) the Secretary of Labor, adminis-
trative law judge, or the court, shall award 
(and the Secretary of the Treasury shall, 
in accordance with subparagraph (B), pay) 
to the employer— 
‘‘(I) an amount equal to any de-
monstrable lost net profits resulting 
from the order, as demonstrated by 
clear and convincing evidence; and 
‘‘(II) reasonable fees and ex-
penses of attorneys in the same man-
ner as such fees and expenses could 
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be awarded under section 2412 of title 
28, United States Code, if the em-
ployer was a prevailing party and the 
review, hearing, or appeals proceeding 
was a civil action brought by or 
against the United States. 
‘‘(B) SOURCE OF FUNDS.—The Secretary 
of the Treasury shall, upon notification by the 
Secretary of Labor, administrative law judge, or 
court, as applicable, pay any amounts, fees, or 
expenses awarded under subparagraph (A)(iii) 
from amounts available in the general fund of 
the Treasury.’’. 
(B) PENALTIES.—Section 17 of the Occu-
pational Safety and Health Act of 1970 (29 
U.S.C. 666), as amended by paragraph (3)(C), 
is further amended by inserting after subsection 
(j) the following: 
‘‘(k) PENALTIES FOR VIOLATIONS OF RECLASSIFICA-
TION ORDERS.— 
‘‘(1) CIVIL PENALTIES.—Any person who vio-
lates a reclassification order issued by the Secretary 
under section 13A(a)(1) shall be subject to a civil 
penalty of not less than $5,000 per day, with each 
day constituting a separate offense. 
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‘‘(2) ADDITIONAL
DAMAGES.—In any case 
where an employer contests a reclassification order 
issued by the Secretary under paragraph (1) of sec-
tion 13A(a) in a review under paragraph (3) of such 
section, hearing under paragraph (4)(A) of such sec-
tion, and subsequent judicial proceeding under para-
graph (4)(B) of such section and a court rules in 
favor of the Secretary— 
‘‘(A) the court shall determine if, during 
the period between the issuance of the order 
and the conclusion of the proceeding, the em-
ployer violated such order by not classifying the 
1 or more individuals as employees during that 
period; and 
‘‘(B) if the court determines the employer 
so violated the order during that period— 
‘‘(i) the court shall determine the 
amount of net profits derived by the em-
ployer from the individuals’ labor during 
that period; and 
‘‘(ii) the court shall assess damages in 
the amount determined under clause (i), 
which damages shall be awarded to such 
individuals by the court.’’. 
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(d) FEDERAL MINE SAFETY AND HEALTH ACT OF 
1977.— 
(1) STRENGTHENING
EMPLOYEE
TEST.—The 
Federal Mine Safety and Health Act of 1977 (30 
U.S.C. 801 et seq.) is amended by inserting after 
section 4 (30 U.S.C. 803) the following: 
‘‘SEC. 4A. EMPLOYEE TEST. 
‘‘(a) IN GENERAL.—For purposes of this Act, includ-
ing any mandatory health or safety standard, rule, order, 
or regulation promulgated pursuant to this Act, and ex-
cept as provided in subsection (c), an individual per-
forming any labor in a coal or other mine for remuneration 
for a person shall be an employee employed by such person 
and not an independent contractor of the person, unless— 
‘‘(1) the individual is free from control and di-
rection in connection with the performance of the 
labor, both under the contract for the performance 
of the labor and in fact; 
‘‘(2) the labor is performed outside the usual 
course of the business of the person; and 
‘‘(3) the individual is customarily engaged in an 
independently established trade, occupation, profes-
sion, or business of the same nature as that involved 
in the labor performed. 
‘‘(b) CLARIFICATIONS.— 
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‘‘(1) RELATIONSHIP WITH COMMON LAW.—Sub-
section (a) is not a codification of the common law 
and shall not be interpreted to reflect, or to be lim-
ited or restricted by, common law interpretations re-
garding when an individual is an employee of an-
other person. Subsection (a) shall be considered 
complete as written, and any judicial or agency in-
terpretation of such subsection shall be limited to 
the explicit requirements of such subsection. 
‘‘(2) IMPACT OF WRITTEN OR OTHER AGREE-
MENTS.—The requirements of subsection (a) shall 
not be in any way affected by any agreement, writ-
ten or otherwise, that purports to demonstrate an 
individual’s acknowledgment of or acquiescence to 
the absence of an employer-employee relationship 
with a particular employer. 
‘‘(c) NON-COMPETE AGREEMENTS.— 
‘‘(1) IN GENERAL.—Notwithstanding any con-
trary provisions in this Act, in any instance in which 
there is a non-compete agreement between a person 
and an individual who performs labor for such per-
son, the presence of the non-compete agreement, 
without regard to the legality or enforceability of the 
non-compete agreement, shall be evidence of control 
for purposes of subsection (a)(1), but shall not by 
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itself establish an employment relationship between 
such person and the individual. 
‘‘(2) DEFINITION
OF
NON-COMPETE
AGREE-
MENT.—In this subsection, the term ‘non-compete 
agreement’ means an agreement between a person 
and an individual who performs labor for such per-
son that restricts the individual from performing, ei-
ther during or after the individual performs labor 
for such person— 
‘‘(A) any labor for another person; 
‘‘(B) any labor for a specified period of 
time; 
‘‘(C) any labor in a specified geographical 
area; or 
‘‘(D) any labor for another person that is 
similar to the labor such individual performed 
for the person that is a party to such agree-
ment.’’. 
(2) PRESUMPTION
OF
EMPLOYEE
STATUS.— 
Section 4A of the Federal Mine Safety and Health 
Act of 1977, as added by paragraph (1), is further 
amended by adding at the end the following: 
‘‘(d) PRESUMPTION
OF EMPLOYEE STATUS.—For 
purposes of this Act, including any mandatory health or 
safety standard, rule, order, or regulation promulgated 
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pursuant to this Act, an individual performing any labor 
in a coal or other mine for remuneration for a person shall 
be presumed to be an employee of the person, unless the 
party seeking to assert otherwise establishes by clear and 
convincing evidence that the individual is not an employee 
in accordance with this section.’’. 
(3) MISCLASSIFICATION AS A STANDALONE VIO-
LATION.— 
(A) IN GENERAL.—Title I of the Federal 
Mine Safety and Health Act of 1977 (30 
U.S.C. 811 et seq.) is amended by adding at 
the end the following: 
‘‘SEC. 117. MISCLASSIFICATION; INCORPORATION TO FUR-
THER VIOLATIONS. 
‘‘(a) IN GENERAL.—No operator of a coal or other 
mine shall misclassify an employee of the operator per-
forming labor in a coal or other mine for the operator as 
not an employee of the person for purposes of this Act, 
including any mandatory health or safety standard, rule, 
order, or regulation promulgated pursuant to this Act.’’. 
(B) INCORPORATION TO FURTHER VIOLA-
TIONS.—Section 117 of the Federal Mine Safe-
ty and Health Act of 1977, as added by sub-
paragraph (A), is amended by adding at the 
end the following: 
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‘‘(b) INCORPORATION TO FURTHER VIOLATIONS.— 
No person shall, for the purpose, in whole or in part, of 
facilitating, or evading detection of, a violation of this Act, 
including a violation of subsection (a) or any mandatory 
health or safety standard, rule, order, or regulation pro-
mulgated pursuant to this Act— 
‘‘(1) incorporate or form, or assist in the incor-
poration or formation of, a corporation, partnership, 
limited liability corporation, or other entity; or 
‘‘(2) pay or collect a fee for use of a foreign or 
domestic corporation, partnership, limited liability 
corporation, or other entity.’’. 
(C) PENALTIES.—Section 110 of the Fed-
eral Mine Safety and Health Act of 1977 (30 
U.S.C. 820) is amended— 
(i) by redesignating subsections (i) 
through (l) as subsections (l) through (o), 
respectively; and 
(ii) by inserting after subsection (h) 
the following: 
‘‘(i) PENALTIES FOR MISCLASSIFICATION AND IN-
CORPORATION TO FURTHER VIOLATIONS.— 
‘‘(1) IN GENERAL.—Any operator of a coal or 
other mine who violates section 117 shall be subject 
to a civil penalty of— 
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‘‘(A) subject to subparagraphs (B) and 
(C), $10,000; 
‘‘(B) if the violation is repeated or willful, 
$30,000; or 
‘‘(C) if the violation is widespread, 1 per-
cent of the net profits of the operator for the 
year in which the operator had the highest net 
profits out of all years in which the operator 
was in such violation. 
‘‘(2) REPEATED, OR
WILLFUL, AND
WIDE-
SPREAD VIOLATIONS.—If a violation of section 117 
is repeated or willful, as described in paragraph 
(1)(B), and is widespread, as described in paragraph 
(1)(C), the higher penalty of the penalties described 
in such paragraphs shall apply. 
‘‘(3) PAYMENT
OF
PENALTIES.—Any penalty 
assessed under paragraph (1) for a violation of sec-
tion 117 shall be paid from an account of the oper-
ator in such violation and not paid, or reimbursed, 
by any insurance plan that would indemnify the op-
erator from violations of such section. If an operator 
of a coal or other mine receives a payment from an 
insurance plan to indemnify the person from a viola-
tion of such section, the operator shall transfer the 
payment to the Secretary, in addition to the amount 
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to be paid from the account of the operator for the 
penalty.’’. 
(4) PROTECTION
FROM
RETALIATION
FOR 
BEING
AN
EMPLOYEE.—Section 105(c)(1) of the 
Federal Mine Safety and Health Act of 1977 (30 
U.S.C. 815(c)(1)) is amended— 
(A) by striking ‘‘No person’’ and inserting 
‘‘(A) No person’’; and 
(B) by adding at the end the following: 
‘‘(B) No person shall discharge or in any manner dis-
criminate against or cause to be discharged or cause dis-
crimination against or otherwise interfere with the exer-
cise of the statutory rights of any miner, or representative 
of miners, in any coal or other mine subject to this Act, 
because such miner— 
‘‘(i) is required pursuant to the enactment of 
the Worker Flexibility and Small Business Protec-
tion Act of 2020 to be classified as an employee of 
the person for purposes of this Act, including any 
mandatory health or safety standard, rule, order, or 
regulation promulgated pursuant to this Act, and 
not as an independent contractor; and 
‘‘(ii) was classified by the person as an inde-
pendent contractor prior to the date of enactment of 
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the Worker Flexibility and Small Business Protec-
tion Act of 2020.’’. 
(5) RULES REGARDING UNLAWFUL DISCHARGE 
OR DISCRIMINATION.—Section 105(c) of the Federal 
Mine Safety and Health Act of 1977 (30 U.S.C. 
815(c)) is amended by adding at the end the fol-
lowing: 
‘‘(4) PRESUMPTION OF RETALIATION.—Any ac-
tion taken by a person described in paragraph 
(1)(A) against any miner, representative of miners, 
or applicant for employment in any coal or other 
mine subject to this Act, within 90 days of the 
miner, representative, or applicant taking any action 
described in such paragraph, including taking any 
such action with respect to exercising the right of an 
employee pursuant to section 117(a) to not be 
misclassified, shall establish a rebuttable presump-
tion that the action is discrimination against the 
miner, representative, or applicant in violation of 
paragraph (1). 
‘‘(5) 
MOTIVATING
FACTOR.—Unlawful 
dis-
charge or discrimination under paragraph (1) 
against a miner, representative of miners, or appli-
cant for employment in any coal or other mine sub-
ject to this Act is established when the complaining 
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100 
party demonstrates that one of the actions or the 
classification described in such paragraph was a mo-
tivating factor for such discharge or discrimination, 
even if such discharge or discrimination was also 
motivated by other factors.’’. 
(6) 
MISCLASSIFICATION
ENFORCEMENT 
THROUGH
RECLASSIFICATION
ORDERS
AND
STOP 
WORK ORDERS.— 
(A) IN
GENERAL.—The Federal Mine 
Safety and Health Act of 1977 (30 U.S.C. 801 
et seq.) is amended by inserting after section 
108 (30 U.S.C. 818) the following: 
‘‘SEC. 108A. MISCLASSIFICATION ENFORCEMENT THROUGH 
RECLASSIFICATION 
ORDERS 
AND 
STOP 
WORK ORDERS. 
‘‘(a) RECLASSIFICATION ORDERS.— 
‘‘(1) IN
GENERAL.—If the Secretary deter-
mines, after an investigation under section 103, that 
an operator of a coal or other mine has misclassified 
1 or more individuals who are employees performing 
labor for the operator in a coal or other mine as not 
employees in violation of section 117(a)— 
‘‘(A) the Secretary shall issue, not later 
than 24 hours after making such determination, 
an order against the operator requiring the op-
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101 
erator to immediately classify the 1 or more in-
dividuals as employees of the operator; and 
‘‘(B) the operator shall immediately com-
ply with the order issued under subparagraph 
(A) or otherwise be in violation of section 
117(a). 
‘‘(2) ORDERS.—An order issued under para-
graph (1) shall— 
‘‘(A) be effective at the time at which the 
order is served upon the operator, which may be 
accomplished by the posting of a copy of the 
order in a conspicuous location at the place of 
business of the operator; and 
‘‘(B) remain in effect during any review 
conducted under paragraph (3) and during any 
hearing and appeal of such order under para-
graph (4). 
‘‘(3) REVIEW FOR RECONSIDERATION.— 
‘‘(A) IN GENERAL.—An operator against 
whom an order is issued under paragraph (1) 
may request a review by the Secretary to con-
test the order. 
‘‘(B) REQUESTS.—A request under sub-
paragraph (A) shall be made in writing to the 
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102 
Secretary not more than 5 days after the 
issuance of the order. 
‘‘(C) REQUIREMENTS FOR REVIEW.— 
‘‘(i) IN
GENERAL.—A review under 
this paragraph shall— 
‘‘(I) commence not later than 24 
hours after a request is made under 
subparagraph (B); and 
‘‘(II) conclude not later than 24 
hours after such commencement. 
‘‘(ii) 
DETERMINATION.—Not 
later 
than 72 hours after a review concludes 
under clause (i)(II), the Secretary shall de-
termine whether to affirm, modify, or re-
voke the contested order. 
‘‘(4) HEARINGS AND APPEALS.—Any person ag-
grieved by a determination of the Secretary under 
paragraph (3)(C)(ii) may— 
‘‘(A) request a hearing to appeal such de-
termination to an administrative law judge; and 
‘‘(B) appeal an order of an administrative 
law judge under subparagraph (A) to the 
United States Court of Appeals for the District 
of Columbia Circuit or the circuit wherein such 
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103 
person resides or has their principal place of 
business. 
‘‘(5) RELIEF.—The Secretary may seek, in a 
court (including circuit) described in paragraph 
(4)(B), relief through a civil action under section 
108(a) against any operator of a coal or other mine 
that violates an order issued under paragraph (1). A 
court shall issue such relief if the Secretary has 
demonstrated it is just and proper. 
‘‘(6) SUCCESSFULLY DISPROVING OCCURRENCE 
OF MISCLASSIFICATION.— 
‘‘(A) IN GENERAL.—If an operator with 
respect to whom an order was issued under 
paragraph (1) successfully proves through a re-
view under paragraph (3), or a hearing or ap-
peal proceeding under paragraph (4), that the 
1 or more individuals who were the subject of 
the order were not misclassified in violation of 
section 117(a)— 
‘‘(i) the order issued under paragraph 
(1) shall cease to be in effect; 
‘‘(ii) the operator shall not be liable 
for any applicable back pay, damages, or 
civil penalties owed by the operator under 
this Act (including any mandatory health 
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104 
or safety standard, rule, order, or regula-
tion promulgated pursuant to this Act) 
with respect to the misclassification of 
such 1 or more individuals; and 
‘‘(iii) the Secretary of Labor, adminis-
trative law judge, or the court, as applica-
ble, shall award (and the Secretary of the 
Treasury shall, in accordance with sub-
paragraph (B), pay) to the operator rea-
sonable fees and expenses of attorneys in 
the same manner as such fees and ex-
penses could be awarded under section 
2412 of title 28, United States Code, if the 
operator was a prevailing party and the re-
view, hearing, or appeals proceeding was a 
civil action brought by or against the 
United States. 
‘‘(B) SOURCE OF FUNDS.—The Secretary 
of the Treasury shall, upon notification by the 
Secretary of Labor, administrative law judge, or 
court, as applicable, pay any fees or expenses 
awarded under subparagraph (A)(iii) from 
amounts in the general fund of the Treasury. 
‘‘(b) STOP WORK ORDERS.— 
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105 
‘‘(1) IN GENERAL.—In any case where an oper-
ator of a coal or other mine does not comply with 
a reclassification order issued by the Secretary 
under subsection (a)(1), with respect to 2 or more 
individuals who are misclassified in violation of sec-
tion 117(a), within 30 days of being served the 
order, the Secretary shall issue— 
‘‘(A) subject to subparagraph (B), an 
order against the operator requiring the ces-
sation of all business operations of such oper-
ator at the location of the violation; or 
‘‘(B) if an order described in subparagraph 
(A) has been previously issued against the oper-
ator by any Federal, State, or local agency for 
misclassifying an employee performing labor for 
the operator in a coal or other mine as not an 
employee in violation of section 117(a), or an 
equivalent State or local law as determined by 
the Secretary, an order against the operator re-
quiring the cessation of all business operations 
of such operator at all business locations of the 
operator, including locations other than the lo-
cation where the misclassification occurred. 
‘‘(2) ORDERS.— 
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106 
‘‘(A) APPLICABILITY.—An order issued 
under paragraph (1) shall— 
‘‘(i) be effective at the time at which 
the order is served upon the operator, 
which may be accomplished by the posting 
of a copy of the order in a conspicuous lo-
cation at the place of business of the oper-
ator; and 
‘‘(ii) remain in effect— 
‘‘(I) during any review conducted 
under paragraph (3) with respect to 
such order and during any hearing 
and appeal of such order under para-
graph (4); and 
‘‘(II) until the Secretary issues a 
release order under subparagraph (B). 
‘‘(B) RELEASE ORDERS.— 
‘‘(i) IN
GENERAL.—An order issued 
under paragraph (1) (that is not revoked 
by the Secretary or held unlawful or set 
aside by an administrative law judge or a 
court) shall remain in effect until the Sec-
retary issues another order releasing the 
order issued under such paragraph upon a 
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107 
finding by the Secretary that the oper-
ator— 
‘‘(I) has corrected the violation of 
section 117(a) with respect to the 2 or 
more 
individuals 
who 
were 
misclassified resulting in the order; 
and 
‘‘(II) has agreed to a payment 
schedule for all applicable back pay, 
damages, and civil penalties owed by 
the operator under this Act, including 
any mandatory health or safety stand-
ard, rule, order, or regulation promul-
gated pursuant to this Act. 
‘‘(ii) REINSTATEMENT.—If, at any 
time after the Secretary issues a release 
order under paragraph (1), the operator 
fails to comply with the terms of the pay-
ment schedule described in clause (i)(II), 
the Secretary shall reinstate the order 
issued under paragraph (1) until the oper-
ator is in compliance with such terms. 
‘‘(3) REVIEW FOR RECONSIDERATION.— 
‘‘(A) IN GENERAL.—An operator of a coal 
or other mine against whom an order is issued 
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108 
under paragraph (1) may request a review by 
the Secretary to contest the order. 
‘‘(B) REQUESTS.—A request under sub-
paragraph (A) shall be made in writing to the 
Secretary not more than 5 days after the 
issuance of the order. 
‘‘(C) REQUIREMENTS FOR REVIEW.— 
‘‘(i) IN
GENERAL.—A review under 
this paragraph shall— 
‘‘(I) commence not later than 24 
hours after a request is made under 
subparagraph (B); and 
‘‘(II) conclude not later than 24 
hours after such commencement. 
‘‘(ii) 
DETERMINATION.—Not 
later 
than 72 hours after a review concludes 
under clause (i)(II), the Secretary shall de-
termine whether to affirm, modify, or re-
voke the contested order. 
‘‘(4) HEARING AND APPEALS.—Any person ag-
grieved by a determination of the Secretary under 
paragraph (3)(C)(ii) may— 
‘‘(A) appeal such determination to an ad-
ministrative law judge; and 
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109 
‘‘(B) appeal an order of an administrative 
law judge under subparagraph (A) to the 
United States Court of Appeals for the District 
of Columbia Circuit or the circuit wherein such 
person resides or has their principal place of 
business. 
‘‘(5) RELIEF.—The Secretary may seek, in any 
court (including circuit) described in paragraph 
(4)(B), relief through a civil action under section 
108(a) against any operator of a coal or other mine 
that violates an order issued under paragraph (1). A 
court shall issue such relief if the Secretary has 
demonstrated it is just and proper. 
‘‘(6) COMPENSATION FOR LOST WORK.— 
‘‘(A) IN
GENERAL.—Subject to subpara-
graph (B), an operator of a coal or other mine 
with respect to whom an order is issued under 
paragraph (1) shall pay each miner who loses 
compensation due to the work of such miner 
ceasing as a result of such order, the compensa-
tion that would be owed to such miner if the 
order was not issued. 
‘‘(B) 
LIMITATION.—Compensation 
paid 
under subparagraph (A) shall be for each day, 
not to exceed 10 days, for which the miner 
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