II
119th CONGRESS
2d Session
S. 5646
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.
Short title
This Act may be cited as the Direct Seller and Real Estate Agent Harmonization Act
.
Definition of employee
Section 3(e) of the Fair Labor Standards Act of 1938 (29 U.S.C. 203(e)) is amended—
in paragraph (1), by striking paragraphs (2), (3), and (4),
and inserting paragraphs (2), (3), (4), (5), and (6),
; and
by inserting after paragraph (5) the following:
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).
.