Kevin Kiley (I-CA)

Direct Seller and Real Estate Agent Harmonization Act

H.R. 3495 · House bill Labor and Employment

A bill from an independent · See all 31 cosponsors

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

In committee

Introduced and handed to a committee in the chamber it started in.

The committee holds it, and most bills are never heard from again. A hearing or a committee vote would be news; silence is the usual outcome, and it kills the bill without anyone voting against it.

Its path through Congress

  1. Introduced
  2. In Committee

What this bill would do

The Direct Seller and Real Estate Agent Harmonization Act aims to change the Fair Labor Standards Act of 1938. It modifies the definition of "employee" to exclude direct sellers and qualified real estate agents. These terms are defined based on section 3508(b) of the Internal Revenue Code of 1986.

Yes

  • Scored +6

    Would business owners be better off under this?

    Business owners avoid the risks and costs associated with classifying direct sellers and real estate agents as employees.

  • Scored +4

    Does this make it easier to run a small business?

    Reduces compliance costs and legal liability for businesses hiring direct sellers and real estate agents by clarifying they are not employees.

The opposite· 3 of 6

  • Scored -5

    Does this raise the lowest wage an employer may pay?

    Direct sellers and real estate agents will be explicitly excluded from FLSA minimum wage protections.

  • Scored -3

    Does this increase support for people who lose their jobs?

    Excluding these workers from 'employee' status may limit their access to unemployment insurance tied to employment status.

  • Scored -3

    Would households on low incomes be better off under this?

    Low-income direct sellers or agents lose FLSA minimum wage and overtime protections.