The bill
Direct Seller and Real Estate Agent Harmonization Act
HR. 3495, 119th Congress — read as touching Real Estate.
Sponsored by
Rep. Kiley, Kevin [R-CA-3]
ID: K000401
Follow the money
The bill
HR. 3495, 119th Congress — read as touching Real Estate.
The sponsor
Every bill has someone who introduced it. That name is where the paper trail starts.
The money
24 itemised contributions to this sponsor, pulled from FEC filings.
The alignment
This bill's text tracks the "Department of Labor and Related Agencies" section, p. 624-626 of the Mandate for Leadership.
Track this bill's progress through the legislative process
Latest Action
Supplemental report filed by the Committee on Education and Workforce, H. Rept. 119-494, Part II.
September 7, 2026
📍 Current Status
Next: The bill moves to the floor for full chamber debate and voting.
1. Introduction: A member of Congress introduces a bill in either the House or Senate.
2. Committee Review: The bill is sent to relevant committees for study, hearings, and revisions.
3. Floor Action: If approved by committee, the bill goes to the full chamber for debate and voting.
4. Other Chamber: If passed, the bill moves to the other chamber (House or Senate) for the same process.
5. Conference: If both chambers pass different versions, a conference committee reconciles the differences.
6. Presidential Action: The President can sign the bill into law, veto it, or take no action.
7. Became Law: If signed (or if Congress overrides a veto), the bill becomes law!
Another masterpiece of legislative theater, courtesy of the esteemed members of Congress. Let's dissect this farce, shall we?
The Direct Seller and Real Estate Agent Harmonization Act (HR 3495) claims to "clarify" the definition of employee as it relates to direct sellers and real estate agents under the Fair Labor Standards Act of 1938. How noble. In reality, this bill is a thinly veiled attempt to further erode labor protections and line the pockets of corporate interests.
The new regulation creates an exemption for direct sellers and qualified real estate agents from being considered employees under the FLSA. This means that companies like Amway, Herbalife, and other multi-level marketing (MLM) schemes can continue to exploit their "independent contractors" without providing basic labor protections like minimum wage, overtime pay, or benefits.
Affected industries include direct sales, real estate, and MLMs. Compliance requirements are minimal, as the bill relies on self-reporting by companies. Timelines for implementation? Who needs those? The bill doesn't specify any concrete deadlines, leaving it up to the whims of corporate lobbyists to decide when (or if) they'll comply.
Enforcement mechanisms? Ha! The bill relies on the same toothless agencies that have failed to regulate these industries for decades. Penalties for non-compliance? A slap on the wrist, at best.
The economic impact will be devastating for workers in these industries. By classifying them as "independent contractors," companies can avoid paying benefits, taxes, and other costs associated with employing actual employees. This will lead to further income inequality, as corporate profits soar while workers struggle to make ends meet.
Operationally, this bill will create a nightmare of complexity for small businesses and entrepreneurs who actually do employ direct sellers and real estate agents. They'll need to navigate a Byzantine regulatory landscape to ensure compliance, all while competing with larger corporations that can afford to exploit loopholes.
In short, HR 3495 is a classic case of "regulatory capture," where corporate interests have hijacked the legislative process to serve their own interests at the expense of workers and small businesses. It's a disease, really – a symptom of a deeper illness that afflicts our political system: corruption, cowardice, and a complete disregard for the well-being of ordinary people.
Now, if you'll excuse me, I have better things to do than watch this farce unfold. Like diagnosing actual diseases, not just legislative ones.
Rep. Kiley, Kevin [R-CA-3]
Congress 119 • 2024 Election Cycle
No PAC contributions found
No committee contributions found
This bill has 10 cosponsors. Below are their top campaign contributors.
ID: C001063
Top Contributors
25
ID: C001112
Top Contributors
38
ID: V000133
Top Contributors
27
ID: F000480
Top Contributors
21
ID: S001201
Top Contributors
24
ID: M001213
Top Contributors
24
ID: B001301
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26
ID: M001224
Top Contributors
20
ID: A000379
Top Contributors
23
ID: S000344
Top Contributors
26
Hub layout: Politicians in center, donors arranged by type in rings around them.
Showing 31 nodes and 42 connections
Total contributions: $42
Showing top 19 donors by contribution amount
Which industries are materially affected by specific provisions in this bill. 1 helped.
Section 2 amends FLSA to exclude qualified real estate agents from the definition of employee, reducing regulatory burden and costs for real estate brokerages and agents.
This bill shows semantic similarity to the following sections of the Project 2025 policy document.AI-enhanced analysis provides detailed alignment ratings.
AI Analysis:
"HR 3495 directly implements Project 2025's call for a bright-line test to clarify independent contractor status under federal law, specifically by harmonizing FLSA definitions with tax code to reduce uncertainty and support independent work arrangements."
— 591 — Department of Labor and Related Agencies qualify as an independent contractor or employee under the FLSA and NLRA. The Biden Administration is replacing those rules with vague and expansive definitions that would add uncertainty, increase costs, and reduce options for Americans who want to work independently. l NLRB and DOL should return to their 2019 and 2021 independent contractor rules that provided much-needed clarity for workers and employers. l Congress should establish a bright-line test—based on the level of control an individual exercises over his or her work—to determine whether a payee is an employee or an independent contractor, across all relevant laws. This would prevent continued uncertainty as well as provide continuity across federal laws. l Congress should provide a safe harbor from employer-employee status for companies that offer independent workers access to earned benefits. Doing so would increase access among independent contractors to traditional pooled workplace benefits such as health care and retirement savings accounts. Protect Small Businesses and Entrepreneurship (Joint Employer). Millions of busi- nesses across America engage in mutually beneficial affiliation arrangements with other businesses. These arrangements include janitorial services, staffing firms, construction contractors and subcontractors, technology support services, and many other vendor and contracting services. They also include the nearly 775,000 independently owned franchise businesses, which employ 8.2 million workers across the United States. The franchise structure offers a proven business model for individuals who want to own and operate their own small business. An Obama-era regulation changed the definition of a joint employer to make corporate franchi- sors jointly liable for employees of individual franchisee owners, even without the franchisor exercising any direct control over those employees. The Biden Admin- istration is advancing an even more expansive definition of a joint employer that would upend the franchise business model, taking away ownership and income opportunities from small-business entrepreneurs, costing jobs, and raising prices. l DOL and NLRB should return to the long-standing approach to defining joint employers based on direct and immediate control. l Congress should enact the Save Local Business Act, which would codify the long-standing definition that has existed outside the Obama-era and Biden-proposed rules.
AI Analysis:
"HR 3495 directly clarifies the independent contractor status of direct sellers and real estate agents under the FLSA, which aligns with Project 2025’s goal of providing clear, bright‑line rules to reduce uncertainty and support independent work arrangements."
— 591 — Department of Labor and Related Agencies qualify as an independent contractor or employee under the FLSA and NLRA. The Biden Administration is replacing those rules with vague and expansive definitions that would add uncertainty, increase costs, and reduce options for Americans who want to work independently. l NLRB and DOL should return to their 2019 and 2021 independent contractor rules that provided much-needed clarity for workers and employers. l Congress should establish a bright-line test—based on the level of control an individual exercises over his or her work—to determine whether a payee is an employee or an independent contractor, across all relevant laws. This would prevent continued uncertainty as well as provide continuity across federal laws. l Congress should provide a safe harbor from employer-employee status for companies that offer independent workers access to earned benefits. Doing so would increase access among independent contractors to traditional pooled workplace benefits such as health care and retirement savings accounts. Protect Small Businesses and Entrepreneurship (Joint Employer). Millions of busi- nesses across America engage in mutually beneficial affiliation arrangements with other businesses. These arrangements include janitorial services, staffing firms, construction contractors and subcontractors, technology support services, and many other vendor and contracting services. They also include the nearly 775,000 independently owned franchise businesses, which employ 8.2 million workers across the United States. The franchise structure offers a proven business model for individuals who want to own and operate their own small business. An Obama-era regulation changed the definition of a joint employer to make corporate franchi- sors jointly liable for employees of individual franchisee owners, even without the franchisor exercising any direct control over those employees. The Biden Admin- istration is advancing an even more expansive definition of a joint employer that would upend the franchise business model, taking away ownership and income opportunities from small-business entrepreneurs, costing jobs, and raising prices. l DOL and NLRB should return to the long-standing approach to defining joint employers based on direct and immediate control. l Congress should enact the Save Local Business Act, which would codify the long-standing definition that has existed outside the Obama-era and Biden-proposed rules. — 592 — Mandate for Leadership: The Conservative Promise Overtime Pay Threshold. Overtime pay is one of the most challenging aspects of the Fair Labor Standards Act rules. “Nonexempt workers” (e.g., workers whose job duties fall within the law’s power or whose total pay is low enough) must be paid overtime (150 percent of the “regular rate”) for every hour over 40 in a work- week. Overtime requirements may discourage employers from offering certain fringe benefits such as reimbursement for education, childcare, or even free meals because the benefits’ value may be included in the “regular rate” that must be paid at 150 percent for all overtime hours. And because some of these fringe ben- efits may be more valuable (and often come with tax preferences that benefit the worker), the goal should be to set a threshold to ensure lower-income workers have the protections of overtime pay without discouraging employers from offering these benefits. l DOL should maintain an overtime threshold that does not punish businesses in lower-cost regions (e.g., the southeast United States). The Trump-era threshold is high enough to capture most line workers in lower-cost regions. One possibility to consider (likely requiring congressional action) would be to automatically update the thresholds every five years using the Personal Consumption Expenditures (PCE) as an inflation adjustment. This could reduce the likelihood of a future Administration attempting to make significant changes but would also impose more adjustments on businesses as those automatic increases take hold. l Congress should clarify that the “regular rate” for overtime pay is based on the salary paid rather than all benefits provided. This would enable employers to offer additional benefits to employees without fear that those benefits would dramatically increase overtime pay. l Congress should provide flexibility to employers and employees to calculate the overtime period over a longer number of weeks. Specifically, employers and employees should be able to set a two- or four- week period over which to calculate overtime. This would give workers greater flexibility to work more hours in one week and fewer hours in the next and would not require the employer to pay them more for that same total number of hours of work during the entire period. Compliance-Assistance Programming. Labor agencies are often tempted to encourage “over compliance” by companies subject to regulation by pursuing “regulation through enforcement” strategies. Rather than giving regulated enti- ties clear boundaries for what they can and cannot do under the law, the agencies
AI Analysis:
"HR 3495 focuses on clarifying the classification of direct sellers and real estate agents as independent contractors under the FLSA, which is unrelated to Project 2025's policy objectives concerning sex discrimination enforcement based on biological binary sex, pro-life workplace accommodations, or religious employer protections."
— 585 — Department of Labor and Related Agencies l Direct agencies to refocus enforcement of sex discrimination laws. The President should direct agencies to focus their enforcement of sex discrimination laws on the biological binary meaning of “sex.” PRO-LIFE MEASURES l Promote pro-life workplace accommodations for mothers. Federal law should protect life and promote pro-family policies. Current law, the Pregnancy Discrimination Act,3 provides nondiscrimination protections in the workplace for pregnancy, childbirth, or related medical conditions. The Pregnant Workers Fairness Act (PWFA)4 requires employers to make reasonable accommodations for women “to the known limitations related to the pregnancy, childbirth, or related medical conditions,” unless “the accommodation would impose an undue hardship on the operation of the [employer’s] business.” The Americans with Disabilities Act (ADA) also provides nondiscrimination and accommodation protections in the workplace for certain pregnancy-related disability.5 None of these laws requires an employer provide health insurance benefits for elective abortion. l Pass a law requiring equal (or greater) benefits for pro-life support for mothers and clarifying abortion exclusions. Congress should pass a law requiring that to the extent an employer provides employee benefits for abortion, it must provide equal or greater benefits for pregnancy, childbirth, maternity, and adoption. That law should also clarify that no employer is required to provide any accommodations or benefits for abortion. l Keep anti-life “benefits” out of benefit plans. Some benefits attorneys and pro-choice advocates have argued since the Supreme Court’s Dobbs v. Jackson Women’s Health Organization decision6 that the longstanding doctrine of Employee Retirement Income Security Act of 1974 (ERISA)7 preemption should block individual states’ efforts to prohibit employers from helping employees procure abortions via offering various kinds of coverage under employee-sponsored benefit plans. ERISA should not be allowed to trump states’ ability to protect innocent human life in the womb. Congress and DOL should clarify that ERISA does not preempt states’ power to restrict abortion, surrogacy, or other anti-life “benefits.” RELIGION l Provide robust protections for religious employers. America’s religious diversity means that workplaces include people of many faiths and that many employers are faith-based. Nevertheless, the Biden Administration has been hostile to people of faith, especially those with traditional beliefs — 586 — Mandate for Leadership: The Conservative Promise about marriage, gender, and sexuality. The new Administration should enact policies with robust respect for religious exercise in the workplace, including under the First Amendment, the Religious Freedom Restoration Act of 1993 (RFRA),8 Title VII, and federal conscience protection laws. l Issue an executive order protecting religious employers and employees. The President should make clear via executive order that religious employers are free to run their businesses according to their religious beliefs, general nondiscrimination laws notwithstanding, and support participation of religious employees and employers as federal contractors and in federal activities and programs. l Clarify Title VII’s religious organization exemptions. Congress should clarify Title VII’s religious organization exemptions to make it more explicit that those employers may make employment decisions based on religion regardless of nondiscrimination laws. l Provide Robust Accommodations for Religious Employees. Title VII requires reasonable accommodations for an employee’s sincerely held religious beliefs, observances, or practices unless it poses an undue hardship on the employer’s business. These accommodation protections also apply to issues related to marriage, gender, and sexuality. Unless the Supreme Court overrules its bad precedent, Congress should clarify that undue hardship means “significant difficulty or expenses,” not “more than a de minimis cost” as the Court has previously held. General EEOC Reforms. The Equal Employment Opportunity Commis- sion (EEOC) does not have rulemaking authority under Title VII and other laws it enforces, yet it issues “guidance,” “technical assistance,” and other documents, including some that push new policy positions. EEOC should disclaim its regulatory pretensions and abide by the guidance reforms dis- cussed below. l EEOC should disclaim its regulatory pretensions. l Affirm decision-making via majority vote of Commissioners. EEOC should affirm as policy the Title VII requirement that it exercise substantive power via majority vote of Commissioners, not by unilateral Chair action or by delegation to staff.
Showing 3 of 5 policy matches
Policy matches are calculated using a hybrid approach: initial candidates are found using semantic similarity between bill summaries and Project 2025 policy text, then an AI model (Llama 3.1 70B) provides detailed alignment ratings and analysis. Ratings range from 1 (minimal alignment) to 5 (very strong alignment). This analysis does not imply direct causation or intent.