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H.R. 3495 · House bill · 119th Congress
This bill excludes a real estate agent or a direct seller of consumer products from the definition of an employee for the purpose of applying the Fair Labor Standards Act of 1938 (FLSA). Workers who are considered employees under the FLSA must be paid the minimum wage and are generally eligible to receive overtime compensation for hours worked in excess of a 40-hour workweek.
This Act may be cited as the “Direct Seller and Real Estate Agent Harmonization Act”.
Section 3(e) of the Fair Labor Standards Act of 1938 (29 U.S.C. 203(e)) is amended by inserting after paragraph (5) the following:
“(6) The term employee does not include any direct seller or qualified real estate agent (as such terms are defined in section 3508(b) of the Internal Revenue Code of 1986).”.