Since the language of section 13(b)(16) and its predecessor, section
13(a)(22) is identical, the legislative history of former section
13(a)(22) still retains its pertinency and vitality. The former section
13(a)(22) was added to the Act by the Fair Labor Standards Amendments of
1961. The original provision in the House-passed bill was in the form of
an amendment to the Act's definition of agriculture. It would have
altered the effect of holdings of the courts that operations such as
those described in the amendment are not within the agriculture
exemption provided by section 13(a)(6) when performed by employees of
persons other than the farmer. (Chapman v. Durkin, 214 F. 2d 360,
certiorari denied 348 U.S. 897; Fort Mason Fruit Co. v. Durkin, 214 F.
2d 363, certiorari denied, 348 U.S. 897.) The amendment was offered to
exempt operations which, in the sponsor's view, were meant to be exempt
under the original Act. (See 107 Cong. Rec. (daily ed.) p. 4523.) The
Conference Committee, in changing the provision to make it a separate
exemption made it clear that is was ``not intended by the committee of
conference to change by this exemption (for the described transportation
employees) * * * the application of the Act to any other employees. Nor
is it intended that there be any implication of disagreement by the
conference committee with the principles and tests governing the
application of the present agricultural exemption as enunciated by the
courts.'' (H. Rept. No. 327, 87th Cong., first session, p. 18.)
