119th CONGRESS
1st Session
H. R. 3495


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.


IN THE HOUSE OF REPRESENTATIVES

May 19, 2025

Mr. Kiley of California (for himself and Mr. Cuellar) introduced the following bill; which was referred to the Committee on Education and 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).”.