S. 5646

Direct Seller and Real Estate Agent Harmonization Act

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Sec. 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:

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(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).