This legislative proposal seeks to amend the Fair Labor Standards Act of 1938 (FLSA) by providing a specific clarification to its definition of "employee." The bill explicitly states that individuals working as direct sellers or qualified real estate agents will not be classified as employees under the Act. By excluding these professions from the FLSA's definition of employee, the legislation aims to treat them as independent contractors. This reclassification would mean they are not subject to federal labor protections and requirements, such as minimum wage, overtime pay, and certain child labor provisions, which typically apply to employees.
Direct Seller and Real Estate Agent Harmonization Act
Introduced in House
Referred to the House Committee on Education and Workforce.
Committee Consideration and Mark-up Session Held
Ordered to be Reported (Amended) by the Yeas and Nays: 19 - 16.
Placed on the Union Calendar, Calendar No. 420.
Reported (Amended) by the Committee on Education and Workforce. H. Rept. 119-494.
Labor and Employment
Labor standardsSelf-employed
Direct Seller and Real Estate Agent Harmonization Act
USA119th CongressHR-3495| House
| Updated: 2/11/2026
This legislative proposal seeks to amend the Fair Labor Standards Act of 1938 (FLSA) by providing a specific clarification to its definition of "employee." The bill explicitly states that individuals working as direct sellers or qualified real estate agents will not be classified as employees under the Act. By excluding these professions from the FLSA's definition of employee, the legislation aims to treat them as independent contractors. This reclassification would mean they are not subject to federal labor protections and requirements, such as minimum wage, overtime pay, and certain child labor provisions, which typically apply to employees.