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. 
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled, 
SECTION 1. SHORT TITLE. 
This Act may be cited as the ‘‘Children’s Consign-
ment 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 cloth-
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ing, 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 serv-
ices before, during, or after a children’s con-
signment 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 chil-
dren, grandchildren, parents, and parents of 
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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 of-
fered 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 con-
signment event.’’. 
Æ 
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