H.R. 3495 · On the floor · Labor and Employment

Direct Seller and Real Estate Agent Harmonization Act

Sponsor: Kevin Kiley (I-CA)

What it does

• Excludes real estate agents from the definition of employee under the Fair Labor Standards Act.
• Excludes direct sellers of consumer products from the definition of employee under the Fair Labor Standards Act.
• Real estate agents and direct sellers would no longer be entitled to minimum wage protections under FLSA.
• Real estate agents and direct sellers would no longer be entitled to overtime compensation under FLSA.

Official summary

Direct Seller and Real Estate Agent Harmonization Act This bill excludes a real estate agent or a direct seller of consumer products from the definition of an employee for the purpose of applying the Fair Labor Standards Act of 1938 (FLSA). Workers who are considered employees under the FLSA must be paid the minimum wage and are generally eligible to receive overtime compensation for hours worked in excess of a 40-hour workweek.

Latest action

Sep 8, 2026: Supplemental report filed by the Committee on Education and Workforce, H. Rept. 119-494, Part II.

Committee: House Education and Workforce