SenateS. 5646119th Congress
Direct Seller and Real Estate Agent Harmonization Act
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[Congressional Bills 119th Congress]
[From the U.S. Government Publishing Office]
[S. 5646 Introduced in Senate (IS)]
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119th CONGRESS
2d Session
S. 5646
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 SENATE OF THE UNITED STATES
September 30, 2026
Mr. Lee (for himself and Mr. Curtis) introduced the following bill;
which was read twice and referred to the Committee on Health,
Education, Labor, and Pensions
_______________________________________________________________________
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--
(1) in paragraph (1), by striking ``paragraphs (2), (3),
and (4),'' and inserting ``paragraphs (2), (3), (4), (5), and
(6),''; and
(2) 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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