[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[H.R. 5419 Introduced in House (IH)]

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118th CONGRESS
  1st Session
                                H. R. 5419

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


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                    IN THE HOUSE OF REPRESENTATIVES

                           September 12, 2023

  Mr. Walberg (for himself, Mr. Cardenas, Mr. Moore of Utah, and Mr. 
   Cuellar) introduced the following bill; which was referred to the 
                Committee on Education and the Workforce

_______________________________________________________________________

                                 A BILL


 
To amend the Fair Labor Standards Act of 1938 to clarify the definition 
of employee as it relates to direct sellers and real estate agents, 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 ``Direct Seller and Real Estate Agent 
Harmonization 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 direct seller or 
qualified real estate agent (as such terms are defined in section 
3508(b) of the Internal Revenue Code of 1986).''.
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