Title: Children's Consignment Event Recognition Act of 2017
Policy area: Labor and Employment

Summary:
Children's Consignment Event Recognition Act of 2017
This bill amends the Fair Labor Standards Act of 1938 to exclude from the meaning of "employee" subject to minimum wage and maximum hours requirements any individuals who volunteer their services at a children's consignment event with or without the assistance of a facilitator and meet certain other conditions.
This bill defines "children's consignment event" to mean a sale or other event in which: (1) at least 90% of the aggregate fair market value of items offered for sale are children's or maternity clothing, and resale items are offered for sale on consignment; and (2) the event is held open to the public in a single location for the sale of goods for 8 or fewer sale days within any 30-day period.

[Congressional Bills 115th Congress]
[From the U.S. Government Publishing Office]
[S. 313 Introduced in Senate (IS)]

<DOC>






115th CONGRESS
  1st Session
                                 S. 313

 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

                            February 6, 2017

Mr. Boozman (for himself and Mr. Cotton) 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 2017''.

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(e)) 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; and
                            ``(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.''.
                                 <all>