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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