What This Bill Does · Plain English
Summary · Congress.gov
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.
Action Timeline
2026-02-11
Placed on the Union Calendar, Calendar No. 420.
2026-02-11
Reported (Amended) by the Committee on Education and Workforce. H. Rept. 119-494.
2026-02-11
Reported (Amended) by the Committee on Education and Workforce. H. Rept. 119-494.
2025-09-17
Ordered to be Reported (Amended) by the Yeas and Nays: 19 - 16.
2025-09-17
Committee Consideration and Mark-up Session Held
2025-05-19
Referred to the House Committee on Education and Workforce.
2025-05-19
Introduced in House
2025-05-19
Introduced in House
Frequently Asked Questions
Did HR.3495 pass?
HR.3495 is still alive. Current stage: REPORTED. Pass likelihood: pending.
What does HR.3495 do?
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.
Who sponsored HR.3495?
HR.3495 was sponsored by Kevin Kiley (R-California).
Full Bill Text
119 HR 3495 RH: Direct Seller and Real Estate Agent Harmonization Act U.S. House of Representatives 2026-02-11 text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. IB Union Calendar No. 420 119th CONGRESS 2d Session H. R. 3495 [Report No. 119–494] IN THE HOUSE OF REPRESENTATIVES May 19, 2025 Mr. Kiley of California (for himself and Mr. Cuellar ) introduced the following bill; which was referred to the Committee on Education and Workforce February 11, 2026 Additional sponsors: Mr. Carbajal , Mr. Van Drew , Mr. Fong , Mr. Suozzi , Mr. Moore of Utah , Mr. Bergman , Mr. Moran , Mr. Alford , Mr. Sherman , Mr. Moolenaar , Mr. Costa , Mr. Hudson , Mr. Mann , Mr. Cole , Mr. Valadao , Mrs. McClain , Mr. Garcia of California , Mr. Owens , Mrs. Kim , Mr. Swalwell , Mr. Messmer , Ms. Scholten , Mr. Calvert , Mr. Soto , Mr. Thompson of California , Mr. Baumgartner , Mr. McGuire , Mr. Crank , Mr. Finstad , and Mr. Harder of California February 11, 2026 Reported with an amendment, committed to the Committee of the Whole House on the State of the Union, and ordered to be printed Strike out all after the enacting clause and insert the part printed in italic For text of introduced bill, see copy of bill as introduced on May 19, 2025 A BILL To amend the Fair Labor Standards Act of 1938 to clarify the definition of employee as it relates to direct sellers and real estate agents, and for other purposes. 1. Short title This Act may be cited as the Direct Seller and Real Estate Agent Harmonization Act . 2. Definition of employee 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). . February 11, 2026 Reported with an amendment, committed to the Committee of the Whole House on the State of the Union, and ordered to be printed
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