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Senate Bill Would Exclude Real Estate Agents From Federal Wage Law

S. 5646 would amend federal wage law to exclude qualified real estate agents and direct sellers from the definition of employee.

United States Capitol building in Washington DC

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Summary

S. 5646 would amend the Fair Labor Standards Act to exclude qualified real estate agents and direct sellers from the federal definition of employee; the bill was introduced Sept. 30 and referred to the Senate HELP Committee.

A newly introduced U.S. Senate bill would amend federal wage law to clarify the employment status of qualified real estate agents and direct sellers.

S. 5646 was introduced Sept. 30 and referred to the Senate Committee on Health, Education, Labor and Pensions. The measure would amend the Fair Labor Standards Act of 1938 as it applies to direct sellers and real estate agents.

Bill targets federal employee definition

The legislation is significant to the real estate industry because agent classification affects the legal framework surrounding compensation, hours and employment obligations. Real estate brokerage has long relied heavily on independent-contractor relationships, while classification rules can vary depending on the law and jurisdiction involved.

The bill has not become law. Introduction and committee referral are early stages of the federal legislative process, and the measure would need to advance through Congress and be signed by the president before taking effect.

WRE News will track the proposal as the Senate committee considers whether to advance it.

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