S. 5646 — Introduced in Senate

II 119th CONGRESS 2d Session S. 5646 IN THE SENATE OF THE UNITED STATES September 30, 2026Mr. Lee (for himself and Mr. Curtis) introduced the following bill; which was read twice and referred to the Committee on Health, Education, Labor, and Pensions 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— (1) in paragraph (1), by striking paragraphs (2), (3), and (4), and inserting paragraphs (2), (3), (4), (5), and (6),; and (2) 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). .