Direct Seller and Real Estate Agent Harmonization Act
Sponsored By: Representative Kiley (CA)
In Committee
Summary
Would exclude direct sellers and qualified real estate agents from the Fair Labor Standards Act’s definition of “employee.” It would use the Internal Revenue Code definitions in IRC section 3508(b) to decide who counts, so people who meet those tax-code definitions would not be treated as employees for minimum wage and overtime rules. The change aligns FLSA treatment with the IRC cross-reference and applies only to those who meet the IRC 3508(b) criteria.
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Bill Overview
Analyzed Economic Effects
1 provisions identified: 0 benefits, 1 costs, 0 mixed.
Workers: exclude some sellers and agents
This bill would say that "employee" under the Fair Labor Standards Act does not include direct sellers or qualified real estate agents as defined in Internal Revenue Code section 3508(b). If enacted, people who meet that tax-code definition would not be covered by FLSA minimum wage and overtime rules. This would mainly affect direct sellers and some real estate agents, and could reduce wage and overtime protections for their households. Employers of those workers could face lower FLSA wage and overtime liabilities if the worker meets the IRC 3508(b) definition.
Sponsors & CoSponsors
Sponsor
Kiley (CA)
CA • I
Cosponsors
Cuellar
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
Rep. Fong, Vince [R-CA-20]
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
Rep. Bergman, Jack [R-MI-1]
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
Costa
CA • D
Sponsored 9/3/2025
Hudson
NC • R
Sponsored 9/3/2025
Rep. Mann, Tracey [R-KS-1]
KS • R
Sponsored 9/8/2025
Cole
OK • R
Sponsored 9/8/2025
Rep. Valadao, David G. [R-CA-22]
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
Swalwell
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
Soto
FL • D
Sponsored 9/18/2025
Thompson (CA)
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.
View on Congress.gov