Skip to main content
CivicGate

HR 3495
Introduced Re-checks Congress.gov for new actions and updates the bill's status, and fills in any sponsors, committees, or related bills that are missing. It does not re-pull sponsors/cosponsors/committees/related — those rarely change — and it skips all work if nothing has changed upstream, so it's cheap to click.

Direct Seller and Real Estate Agent Harmonization Act

H. R. 3495 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.

Introduced May 19, 2025

Latest action (Feb 11, 2026) Placed on the Union Calendar, Calendar No. 420.

Referred to
Education and Workforce Committee
Policy area
Labor and Employment
Legislative subjects (2)
Labor standardsSelf-employed

Summary

This bill amends the Fair Labor Standards Act of 1938 to clarify the definition of employee. The bill adds an exclusion to the definition of employee to specifically exclude direct sellers and qualified real estate agents from FLSA coverage. The exclusion uses the definitions of direct sellers and qualified real estate agents as defined in Section 3508(b) of the Internal Revenue Code of 1986. This clarification removes direct sellers and real estate agents from FLSA protections and requirements such as minimum wage and overtime standards. The bill was reported from committee with amendments on February 11, 2026, and referred to the full House for consideration.

AI-generated plain-language summary of the bill text — neutral, and may be imperfect. See the full text below for the exact wording.

Sponsor (1)
31 cosponsors

Money behind the sponsor

Top reported contributors to Kevin Kiley’s campaign committee (2024 cycle) — who funds the bill’s sponsor, not a claim about this bill. Data from FEC.

  • SOVEREIGN NATION $17,700
  • NULL $14,855
  • LECAVALIER CELLARS $13,200
  • STARKEY HEARING TECHNOLOGIES $13,200
  • BRODIE GENERATIONAL CAPITAL PARTNERS $13,200

Organizations whose employees gave the most — itemized individual contributions grouped by the donor’s reported employer (FEC Schedule A). Full finance for Kevin Kiley → · Outside spending →

Actions (6)
  1. Feb 11, 2026 Placed on the Union Calendar, Calendar No. 420. · house
  2. Feb 11, 2026 Reported (Amended) by the Committee on Education and Workforce. H. Rept. 119-494. · house
  3. Sep 17, 2025 Ordered to be Reported (Amended) by the Yeas and Nays: 19 - 16. · house
  4. Sep 17, 2025 Committee Consideration and Mark-up Session Held · house
  5. May 19, 2025 Referred to the House Committee on Education and Workforce. · house
  6. May 19, 2025 Introduced in House

More bills on these subjects (8)

Other bills that carry the most legislative subjects in common with this one (topical discovery — distinct from the procedural related bills above).

  • HR 1319 — Modern Worker Empowerment Act (shares 2 subjects)
  • HR 191 — Inflation Reduction Act of 2025 (shares 2 subjects)
  • HR 5267 — American Franchise Act (shares 1 subject)
  • HR 7037 — Developing Overseas Mineral Investments and New Allied Networks for Critical Energies Act (shares 1 subject)
  • HR 6431 — New Opportunities for Business Ownership and Self-Sufficiency Act (shares 1 subject)
  • HR 2299 — Ensuring Workers Get PAID Act of 2025 (shares 1 subject)
  • HR 1320 — Modern Worker Security Act (shares 1 subject)
  • HR 2870 — Working Families Flexibility Act of 2025 (shares 1 subject)

Similar bills (6)

Bills with similar text or summary — includes reintroductions across Congresses. Ranked by semantic similarity of the bill text (computed locally); a neutral discovery aid, not a claim the bills are duplicates.

  • S 2984 — Employee Rights Act · Introduced Oct 8, 2025 · Cong. 119 59%
  • HR 7917 — Fair Wages for Home Care Workers Act · Introduced Mar 12, 2026 · Cong. 119 59%
  • HR 240 — Protect Local Farms Act · Introduced Jan 7, 2025 · Cong. 119 58%
  • S 4081 — Fair Wages for Home Care Workers Act · Introduced Mar 12, 2026 · Cong. 119 58%
  • HRES 988 — Providing for consideration of the bill (H.R. 2988) to amend the Employee Retirement Income Security Act of 1974 to specify requirements concerning the consideration of pecuniary and non-pecuniary factors, and for other purposes; providing for consideration of the bill (H.R. 2262) to amend the Fair Labor Standards Act of 1938 to exclude certain activities from hours worked, and for other purposes; providing for consideration of the bill (H.R. 2270) to amend the Fair Labor Standards Act of 1938 to exclude child and dependent care services and payments from the rate used to compute overtime compensation; providing for consideration of the bill (H.R. 2312) to amend the Fair Labor Standards Act of 1938 to revise the definition of the term ''tipped employee'', and for other purposes; and providing for consideration of the bill (H.R. 4366) to clarify the treatment of 2 or more employers as joint employers under the National Labor Relations Act and the Fair Labor Standards Act of 1938. · Passed House Jan 13, 2026 · Cong. 119 58%
  • S 3937 — Homes for American Families Act · Introduced Feb 26, 2026 · Cong. 119 57%

Text versions (2)
  • Reported in House · Feb 11, 2026
  • Introduced in House · May 19, 2025

Committee action

What happened to this bill in committee — the meetings where it was considered and every recorded vote taken on it.

  • Motion to Reportagreed19–16
    Education and Workforce CommitteeSep 17, 2025report measure▶ watch

    As published:Roll Call Vote #5 | H.R. 3495| Motion to Report | Passed (19y-16n)

Full text

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.

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled,

SECTION 1. SHORT TITLE.

This Act may be cited as the “Direct Seller and Real Estate Agent Harmonization Act”.

SEC. 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).”. Union Calendar No. 420

119th CONGRESS

2d Session

H. R. 3495

[Report No. 119-494]

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.

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

Comments

Comments

Loading comments…