S 313 — Children's Consignment Event Recognition Act of 2017

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.

Bill Text

• Introduced Introduced in Senate Current html February 06, 2017

Compared against current U.S. Code AI-generated reading aid — verify against the official bill.

The bill clarifies that volunteers at children's consignment events are not considered employees under the Fair Labor Standards Act.

• 29 U.S.C. 203(e)

  and (4) → , (4), (5), and (6)

  This change expands the definition of 'employee' to add new categories while acknowledging earlier provisions.

• 29 U.S.C. 203(e)

  (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).

  This addition explicitly excludes certain volunteers at children's consignment events from being classified as employees.

• 29 U.S.C. 203(e)

  (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.

  This defines 'children's consignment event' to set clear criteria for its operation in relation to the exclusion from employee status.

• 29 U.S.C. 203(e)

  (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.

  This clarifies what is meant by 'facilitator' in the context of children's consignment events.

Action History

1. February 06, 2017

   Introduced in Senate

2. February 06, 2017

   Read twice and referred to the Committee on Health, Education, Labor, and Pensions.

Sponsors

• John Boozman · Primary

Subjects