[Congressional Bills 113th Congress]
[From the U.S. Government Publishing Office]
[S. 1656 Introduced in Senate (IS)]

113th CONGRESS
  1st Session
                                S. 1656

 To clarify that volunteers at a children's consignment event are not 
         employees under the Fair Labor Standards Act of 1938.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                            November 6, 2013

Mr. Boozman (for himself and Mr. Pryor) introduced the following bill; 
     which was read twice and referred to the Committee on Health, 
                     Education, Labor, and Pensions

_______________________________________________________________________

                                 A BILL


 
 To clarify that volunteers at a children's consignment event are not 
         employees under the Fair Labor Standards Act of 1938.

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Children's Consignment Event 
Recognition Act of 2013''.

SEC. 2. PURPOSE.

    The purpose of this Act is to ensure that individuals and families 
may pool their resources, time, efforts, and energies, with or without 
the assistance of a facilitator, to sell, purchase, and otherwise 
exchange children's clothing, toys, bedding, furniture, and related 
accessories, and maternity clothing and accessories without fear that 
they will be deemed to be employees under the Fair Labor Standards Act 
of 1938 (29 U.S.C. 201 et seq.).

SEC. 3. AMENDMENTS TO THE FAIR LABOR STANDARDS ACT OF 1938.

    Section 3(e) of the Fair Labor Standards Act of 1938 (29 U.S.C. 
203) is amended--
            (1) in paragraph (1), by striking ``and (4)'' and inserting 
        ``, (4), (5), and (6)''; and
            (2) by adding at the end the following:
            ``(6)(A) The term `employee' does not include--
                    ``(i) individuals who volunteer their services 
                before, during, or after a children's consignment event 
                with or without the assistance of a facilitator and--
                            ``(I) provide not less than 15 items for 
                        sale at such children's consignment event;
                            ``(II) receive a right to shop from the 
                        facilitator at such children's consignment 
                        event before such event is open to the general 
                        public; or
                    ``(ii) the spouse, children, spouses of children, 
                grandchildren, parents, and parents of spouses of the 
                individuals described in clause (i).
            ``(B) For purposes of this paragraph, the term `children's 
        consignment event' means a sale or other event in which--
                    ``(i) not less than 90 percent of the fair market 
                value, in the aggregate, of the items offered for sale 
                at such event are--
                            ``(I) children's or maternity items; and
                            ``(II) resale items offered for sale on 
                        consignment by consignors; and
                    ``(ii) such event is held in a single physical 
                location and is open to the public for the sale of 
                goods for 8 or fewer sale days within any 30-day 
                period.
            ``(C) For purposes of this paragraph, the term 
        `facilitator' means a person that organizes or hosts a 
        children's consignment event, or otherwise actively provides an 
        opportunity for individuals described in subparagraph (A) to 
        volunteer at a children's consignment event.''.
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