Introduced in House — H.R. 3495

119th CONGRESS

1st Session

H. R. 3495

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

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.

Section 1. Short title

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

Sec. 2. Definitions

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).