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Bill would exclude direct sellers, real estate agents from FLSA employee status

In committeeH.R. 3495Latest action

Sponsor: Kevin Kiley · Representative · CA

AIDecoded by AI · checked against the record
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Official title: Direct Seller and Real Estate Agent Harmonization Act

119th Congress

Topics: Jobs & the economy

Introduced:

Read the official bill on Congress.gov

In plain words

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HR 3495 would classify direct sellers and qualified real estate agents as non-employees under federal wage and hour law.

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What does this do?

HR 3495 would amend the Fair Labor Standards Act (FLSA) to specify that direct sellers and qualified real estate agents are not "employees" under that law. It uses existing tax code definitions to determine who qualifies as a direct seller or real estate agent. This would keep these workers classified as independent contractors for federal wage and hour purposes.

Who does it affect?

The bill affects real estate agents, direct sales workers (including multi-level marketing and commission-based sellers), and the companies or brokerages that engage them.

Why does it matter?

Because employees are entitled to FLSA protections like minimum wage and overtime pay while independent contractors generally are not, this classification determines whether those protections apply to these workers.

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Read the official bill on Congress.gov

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Where does it stand?

  1. IntroducedMay 19, 2025
  2. House committeeYou are here · Sep 8, 2026
  3. House vote
  4. Senate
  5. The president's desk

Right now: a House committee is reviewing it. If the Senate changes it, it goes back to the House before reaching the president.

Latest action: — Supplemental report filed by the Committee on Education and Workforce, H. Rept. 119-494, Part II.

Data as of October 9, 2026
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