This Act may be cited as the Direct Seller and Real Estate Agent Harmonization Act.

Section 3(e) of the Fair Labor Standards Act of 1938 (29 U.S.C. 203(e)U.S. Code — Title 29, Section 203(e)View official source on GovInfo) 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)..