Direct Seller and Real Estate Agent Harmonization Act
Sponsored By: Representative Rep. Kiley, Kevin [I-CA-3]
In Committee
Summary
Excludes direct sellers and qualified real estate agents from the FLSA's employee definition. The bill would add a new paragraph to Section 3(e) of the Fair Labor Standards Act to treat those groups using the Internal Revenue Code definition in section 3508(b), which removes them from the FLSA's wage-and-hour protections like minimum wage and overtime.
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Bill Overview
Analyzed Economic Effects
1 provisions identified: 0 benefits, 1 costs, 0 mixed.
Exclude direct sellers and agents
If enacted, this bill would change the Fair Labor Standards Act definition of "employee" to exclude any direct seller or qualified real estate agent. The bill would use the Internal Revenue Code section 3508(b) definitions to decide who counts. If you meet those tax-code definitions, you would no longer be an FLSA "employee" and could lose minimum wage and overtime protections. Employers who use these sellers or agents would no longer be bound by FLSA wage-and-hour rules for them, effective upon enactment.
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Sponsors & CoSponsors
Sponsor
Rep. Kiley, Kevin [I-CA-3]
CA • I
Cosponsors
Rep. Cuellar, Henry [D-TX-28]
TX • D
Sponsored 5/19/2025
Rep. Carbajal, Salud O. [D-CA-24]
CA • D
Sponsored 6/3/2025
Van Drew
NJ • R
Sponsored 6/4/2025
Fong
CA • R
Sponsored 6/4/2025
Rep. Suozzi, Thomas R. [D-NY-3]
NY • D
Sponsored 6/10/2025
Rep. Moore, Blake D. [R-UT-1]
UT • R
Sponsored 8/19/2025
Bergman
MI • R
Sponsored 8/26/2025
Rep. Moran, Nathaniel [R-TX-1]
TX • R
Sponsored 8/26/2025
Rep. Alford, Mark [R-MO-4]
MO • R
Sponsored 8/26/2025
Rep. Sherman, Brad [D-CA-32]
CA • D
Sponsored 8/26/2025
Rep. Moolenaar, John R. [R-MI-2]
MI • R
Sponsored 8/26/2025
Rep. Costa, Jim [D-CA-21]
CA • D
Sponsored 9/3/2025
Hudson
NC • R
Sponsored 9/3/2025
Mann
KS • R
Sponsored 9/8/2025
Cole
OK • R
Sponsored 9/8/2025
Valadao
CA • R
Sponsored 9/8/2025
McClain
MI • R
Sponsored 9/9/2025
Rep. Garcia, Robert [D-CA-42]
CA • D
Sponsored 9/10/2025
Rep. Owens, Burgess [R-UT-4]
UT • R
Sponsored 9/10/2025
Rep. Kim, Young [R-CA-40]
CA • R
Sponsored 9/10/2025
Rep. Swalwell, Eric [D-CA-14]
CA • D
Sponsored 9/10/2025
Messmer
IN • R
Sponsored 9/17/2025
Rep. Scholten, Hillary J. [D-MI-3]
MI • D
Sponsored 9/17/2025
Rep. Calvert, Ken [R-CA-41]
CA • R
Sponsored 9/17/2025
Rep. Soto, Darren [D-FL-9]
FL • D
Sponsored 9/18/2025
Rep. Thompson, Mike [D-CA-4]
CA • D
Sponsored 10/3/2025
Rep. Baumgartner, Michael [R-WA-5]
WA • R
Sponsored 10/6/2025
McGuire
VA • R
Sponsored 10/8/2025
Rep. Crank, Jeff [R-CO-5]
CO • R
Sponsored 10/8/2025
Rep. Finstad, Brad [R-MN-1]
MN • R
Sponsored 10/21/2025
Rep. Harder, Josh [D-CA-9]
CA • D
Sponsored 10/24/2025
Roll Call Votes
No roll call votes available for this bill.
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