[Congressional Bills 117th Congress]
[From the U.S. Government Publishing Office]
[H.R. 5038 Introduced in House (IH)]

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117th CONGRESS
  1st Session
                                H. R. 5038

To amend the Fair Labor Standards Act of 1938 to clarify the definition 
  of employee as it relates to direct sellers, and for other purposes.


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                    IN THE HOUSE OF REPRESENTATIVES

                            August 13, 2021

  Mr. Walberg (for himself and Mr. Cuellar) introduced the following 
    bill; which was referred to the Committee on Education and Labor

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                                 A BILL


 
To amend the Fair Labor Standards Act of 1938 to clarify the definition 
  of employee as it relates to direct sellers, and for other purposes.

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Preserving Direct Seller 
Independence Act''.

SEC. 2. DEFINITIONS.

    Section 3(e) of the Fair Labor Standards Act of 1938 (29 U.S.C. 
203(e)) is amended by inserting after paragraph (5) the following:
    ``(6) The term `employee' does not include any person identified in 
section 3508(b)(2) of the Internal Revenue Code of 1986.''.
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