Direct Seller and Real Estate Agent Harmonization Act
Sponsored By: Representative Kiley (CA)
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.
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.
Sponsors & CoSponsors
Sponsor
Kiley (CA)
CA • R
Cosponsors
Cuellar
TX • D
Sponsored 5/19/2025
Carbajal
CA • D
Sponsored 6/3/2025
Van Drew
NJ • R
Sponsored 6/4/2025
Fong
CA • R
Sponsored 6/4/2025
Suozzi
NY • D
Sponsored 6/10/2025
Moore (UT)
UT • R
Sponsored 8/19/2025
Bergman
MI • R
Sponsored 8/26/2025
Moran
TX • R
Sponsored 8/26/2025
Alford
MO • R
Sponsored 8/26/2025
Sherman
CA • D
Sponsored 8/26/2025
Moolenaar
MI • R
Sponsored 8/26/2025
Costa
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
Garcia (CA)
CA • D
Sponsored 9/10/2025
Owens
UT • R
Sponsored 9/10/2025
Kim
CA • R
Sponsored 9/10/2025
Swalwell
CA • D
Sponsored 9/10/2025
Messmer
IN • R
Sponsored 9/17/2025
Scholten
MI • D
Sponsored 9/17/2025
Calvert
CA • R
Sponsored 9/17/2025
Soto
FL • D
Sponsored 9/18/2025
Thompson (CA)
CA • D
Sponsored 10/3/2025
Baumgartner
WA • R
Sponsored 10/6/2025
McGuire
VA • R
Sponsored 10/8/2025
Crank
CO • R
Sponsored 10/8/2025
Finstad
MN • R
Sponsored 10/21/2025
Harder (CA)
CA • D
Sponsored 10/24/2025
Roll Call Votes
No roll call votes available for this bill.
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