I 

113TH CONGRESS 

1ST SESSION H. R. 3173 

To clarify that volunteers at a children’s consignment event are not employees 

under the Fair Labor Standards Act of 1938. 

IN THE HOUSE OF REPRESENTATIVES 

SEPTEMBER 25, 2013 

Mr. GRIFFIN of Arkansas introduced the following bill; which was referred to 

the Committee on Education and the Workforce 

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, 

10 to sell, purchase, and otherwise exchange children’s clothVerDate Mar 15 2010 00:12 Oct 01, 2013 Jkt 029200 PO 00000 Frm 00001 Fmt 6652 Sfmt 6201 E:\BILLS\H3173.IH H3173

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•HR 3173 IH

1 ing, toys, bedding, furniture, and related accessories, and 

2 maternity clothing and accessories without fear that they 

3 will be deemed to be employees under the Fair Labor 

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

5 SEC. 3. AMENDMENTS TO THE FAIR LABOR STANDARDS 

6 ACT OF 1938. 

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

8 (29 U.S.C. 203) is amended— 

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

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

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

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

13 ‘‘(i) individuals who volunteer their serv14 ices before, during, or after a children’s con15 signment event with or without the assistance 

16 of a facilitator and— 

17 ‘‘(I) provide not less than 15 items for sale 

18 at such children’s consignment event; 

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

20 facilitator at such children’s consignment event 

21 before such event is open to the general public; 

22 or 

23 ‘‘(ii) the spouse, children, spouses of chil24 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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