H.R. 3495House119th Congress (2025-2027)In Committee

Direct Seller and Real Estate Agent Harmonization Act

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.

Introduced May 19, 2025

AI-Generated Summary

Updated February 12, 2026 at 6:40 AM UTC

The Direct Seller and Real Estate Agent Harmonization Act amends the Fair Labor Standards Act to clarify that people who work as direct sellers or qualified real‑estate agents are not considered "employees" under the law. By excluding these workers from the employee definition, the bill changes which labor protections—such as minimum wage and overtime rules—apply to them.

Key Provisions

  • Adds a new paragraph to the FLSA definition of employee stating that the term does not include any direct seller or qualified real estate agent, using the definitions from the Internal Revenue Code.

Legislative Activity

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6 earlier actions
HouseCommittee Latest Action

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

September 8, 2026

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HouseIntro Referral

Introduced in House

May 19, 2025

HouseIntro Referral

Referred to the House Committee on Education and Workforce.

May 19, 2025

HouseCommittee

Committee Consideration and Mark-up Session Held

September 17, 2025

HouseCommittee

Ordered to be Reported (Amended) by the Yeas and Nays: 19 - 16.

September 17, 2025

HouseCommittee

Reported (Amended) by the Committee on Education and Workforce. H. Rept. 119-494.

February 11, 2026

HouseCalendars

Placed on the Union Calendar, Calendar No. 420.

February 11, 2026

HouseCommittee

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

September 8, 2026

Bill Text

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Reported in HouseIssued February 11, 2026

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Union Calendar No. 420

119th CONGRESS

2d Session

H. R. 3495

[Report No. 119–494]

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.


1.

Short title

This Act may be cited as the Direct Seller and Real Estate Agent Harmonization Act.

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).

.

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