A bipartisan effort to clarify the independent contractor status of real estate professionals is gaining momentum on Capitol Hill. Senators Mike Lee (R-UT) and John Curtis (R-UT) have introduced legislation that would establish consistent treatment for real estate professionals and direct sellers under federal labor law. A companion bill, H.R. 3495, introduced by Reps. Kevin Kiley (R-Calif.) and Henry Cuellar (D-Texas), is under consideration in the House. The Direct Seller and Real Estate Agent Harmonization Act would clarify that qualifying professionals are independent contractors under the Fair Labor Standards Act, consistent with their longstanding treatment under the federal tax code. According to the National Association of Realtors (NAR), 89% of its members operate as independent contractors. Read more at the NAR website.
Source: NAR; 10/6/2026