II 

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. 

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 

3 SECTION 1. SHORT TITLE. 

4 This Act may be cited as the ‘‘Children’s Consign5 ment Event Recognition Act of 2013’’. 

6 SEC. 2. PURPOSE. 

7 The purpose of this Act is to ensure that individuals 

8 and families may pool their resources, time, efforts, and 

9 energies, with or without the assistance of a facilitator, 

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•S 1656 IS

1 to sell, purchase, and otherwise exchange children’s cloth2 ing, toys, bedding, furniture, and related accessories, and 

3 maternity clothing and accessories without fear that they 

4 will be deemed to be employees under the Fair Labor 

5 Standards Act of 1938 (29 U.S.C. 201 et seq.). 

6 SEC. 3. AMENDMENTS TO THE FAIR LABOR STANDARDS 

7 ACT OF 1938. 

8 Section 3(e) of the Fair Labor Standards Act of 1938 

9 (29 U.S.C. 203) is amended— 

10 (1) in paragraph (1), by striking ‘‘and (4)’’ and 

11 inserting ‘‘, (4), (5), and (6)’’; and 

12 (2) by adding at the end the following: 

13 ‘‘(6)(A) The term ‘employee’ does not include— 

14 ‘‘(i) individuals who volunteer their serv15 ices before, during, or after a children’s con16 signment event with or without the assistance 

17 of a facilitator and— 

18 ‘‘(I) provide not less than 15 items for 

19 sale at such children’s consignment event; 

20 ‘‘(II) receive a right to shop from the 

21 facilitator at such children’s consignment 

22 event before such event is open to the gen23 eral public; or 

24 ‘‘(ii) the spouse, children, spouses of chil25 dren, grandchildren, parents, and parents of 

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1 spouses of the individuals described in clause 

2 (i). 

3 ‘‘(B) For purposes of this paragraph, the term 

4 ‘children’s consignment event’ means a sale or other 

5 event in which— 

6 ‘‘(i) not less than 90 percent of the fair 

7 market value, in the aggregate, of the items of8 fered for sale at such event are— 

9 ‘‘(I) children’s or maternity items; 

10 and 

11 ‘‘(II) resale items offered for sale on 

12 consignment by consignors; and 

13 ‘‘(ii) such event is held in a single physical 

14 location and is open to the public for the sale 

15 of goods for 8 or fewer sale days within any 30- 

16 day period. 

17 ‘‘(C) For purposes of this paragraph, the term 

18 ‘facilitator’ means a person that organizes or hosts 

19 a children’s consignment event, or otherwise actively 

20 provides an opportunity for individuals described in 

21 subparagraph (A) to volunteer at a children’s con22 signment event.’’. 

Æ 

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