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HR 3495119th CongressIntroducedHouse

Direct Seller and Real Estate Agent Harmonization Act

Policy Area: Labor and Employment
View on Congress.gov
Origin Chamber
House
Last Updated
Jul 29, 2026
Latest Action Date
Feb 11, 2026

Latest Action

Placed on the Union Calendar, Calendar No. 420.

Official Summary

Direct Seller and Real Estate Agent Harmonization Act 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.

GovScope Watchdog™

AI Government Intelligence™
Executive Summary

The Direct Seller and Real Estate Agent Harmonization Act proposes to amend the Fair Labor Standards Act of 1938 (FLSA) by excluding real estate agents and direct sellers of consumer products from the definition of "employee." Under current law, employees are entitled to minimum wage and overtime pay protections. This bill would clarify that these two groups are not employees for FLSA purposes, potentially affecting their wage and overtime compensation eligibility.

Bottom Line

This bill seeks to exclude real estate agents and direct sellers from employee protections under the FLSA, impacting how wage and overtime rules apply to these workers.

Policy Risk Level
🟡 Medium
Neutral Risk Assessment
Key Points
  • Excludes real estate agents and direct sellers of consumer products from the FLSA's employee definition.
  • Workers classified as employees under the FLSA are entitled to minimum wage and overtime pay; this bill removes those protections for the specified groups.
  • The bill is currently in process and has been placed on the Union Calendar in the House of Representatives.
Who Benefits?

['Real estate agents', 'Direct sellers of consumer products', 'Employers or companies that engage real estate agents and direct sellers']

Potential Concerns

['Excluding these workers from FLSA protections could affect their income stability and labor rights.', 'Implementation challenges in distinguishing employee versus non-employee status for these groups.', 'Potential oversight issues regarding enforcement of wage and hour laws for these workers.']

Political Context

The bill was introduced in the House during the 119th Congress and is currently in process. It reflects ongoing legislative efforts to clarify labor classifications under the FLSA, particularly for workers in sales-related roles. The placement on the Union Calendar indicates it is scheduled for consideration by the House.

Hidden Impact Review

Hidden impact flags detected: 1

GovScope reviewed 1 policy-risk categories. Hover for a quick definition. Click detected flags for bill-specific details.

1 Detected
Detected Flags
Indirect Effects

['Employers may reduce labor costs by not paying minimum wage or overtime to these workers.', 'Workers may seek alternative protections or contracts outside of FLSA coverage.', 'Potential shifts in labor market dynamics for real estate and direct selling industries.']

GovScope Watchdog Notes

The bill's text was not provided, limiting detailed analysis of specific provisions. Monitoring the bill's progress and any amendments is important for transparency. Oversight should focus on how the exclusion affects worker protections and enforcement of labor standards.

Passage Likelihood: UnknownConfidence: 85%Model: gpt-4.1-mini

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