I 118th CONGRESS 1st Session H. R. 5419 IN THE HOUSE OF REPRESENTATIVES September 12, 2023 Mr. Walberg (for himself, Mr. Cárdenas , Mr. Moore of Utah , and Mr. Cuellar ) introduced the following bill; which was referred to the Committee on Education and the Workforce 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. Definitions 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). .