HR3495Referred to Committee

Direct Seller and Real Estate Agent Harmonization Act

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Introduced
In Committee
3
Passed One Chamber
4
Passed Both
5
Signed into Law
119th
Congress
2025-05-19
Introduced
31
Cosponsors
HR
ⓘ
Type

Sponsor

Kevin Kiley
Kevin Kiley
Republican · CA · Representative
Votes with party: 94.3% (665 recorded votes)

Full profile: /officials/K000401

Source: Congress.gov · FEC

Cosponsors (31)

Members who have signed on to support this bill since introduction. Source: Congress.gov.

Latest Action

The most recent step in the bill's legislative path. Committee Activity below shows referrals and reports; the full action-by-action history including floor proceedings lives at Congress.gov →

Supplemental report filed by the Committee on Education and Workforce, H. Rept. 119-494, Part II.

2026-09-08

Source: Congress.gov

Committee Activity

Previously

Plain-English Summary

Direct Seller and Real Estate Agent Harmonization Act This bill excludes a real estate agent or a direct seller of consumer products from the definition of an employee for the purpose of applying the Fair Labor Standards Act of 1938 (FLSA). Workers who are considered employees under the FLSA must be paid the minimum wage and are generally eligible to receive overtime compensation for hours worked in excess of a 40-hour workweek.

Plain-English rewrite of the Congressional Research Service summary published on Congress.gov. Cached and reviewed.

Subjects

Labor and Employment

Full Bill Text

Verbatim text published on Congress.gov via GovInfo. Use Cmd+F / Ctrl+F to search within this excerpt.

[Congressional Bills 119th Congress] [From the U.S. Government Publishing Office] [H.R. 3495 Reported in House (RH)] <DOC> Union Calendar No. 420 119th CONGRESS 2d Session H. R. 3495 [Report No. 119-494] 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 February 11, 2026 Additional sponsors: Mr. Carbajal, Mr. Van Drew, Mr. Fong, Mr. Suozzi, Mr. Moore of Utah, Mr. Bergman, Mr. Moran, Mr. Alford, Mr. Sherman, Mr. Moolenaar, Mr. Costa, Mr. Hudson, Mr. Mann, Mr. Cole, Mr. Valadao, Mrs. McClain, Mr. Garcia of California, Mr. Owens, Mrs. Kim, Mr. Swalwell, Mr. Messmer, Ms. Scholten, Mr. Calvert, Mr. Soto, Mr. Thompson of California, Mr. Baumgartner, Mr. McGuire, Mr. Crank, Mr. Finstad, and Mr. Harder of California February 11, 2026 Reported with an amendment, committed to the Committee of the Whole House on the State of the Union, and ordered to be printed [Strike out all after the enacting clause and insert the part printed in italic] [For text of introduced bill, see copy of bill as introduced on May 19, 2025] _______________________________________________________________________ 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. DEFINITION OF EMPLOYEE. 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).''. Union Calendar No. 420 119th CONGRESS 2d Session H. R. 3495 [Report No. 119-494] _______________________________________________________________________ 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. _______________________________________________________________________ February 11, 2026 Reported with an amendment, committed to the Committee of the Whole House on the State of the Union, and ordered to be printed
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