(a) Section 13(a)(6)(D) of the 1966 Amendments to the Fair Labor
Standards Act exempts from the minimum wage and overtime provisions
``any employee employed in agriculture * * * if such employee (other
than an employee described in clause (C) of this subsection): (1) Is 16
years of age or under and is employed as a hand harvest laborer, is paid
on a piece rate basis in an operation which has been, and is customarily
and generally recognized as
having been, paid on a piece rate basis in the region of employment, (2)
is employed on the same farm as his parent of persons standing in the
place of his parent, and (3) is paid at the same piece rate as employees
over age 16 are paid on the same farm.''
(b) It is clear from the legislative history of the amendments that
the exemption was intended to apply, where the other specific tests are
met, only to minors 16 years of age or under who are not ``local'' in
the sense that they are away from their permanent home when employed in
agriculture. Specifically the exemption was intended to apply in the
case of the children of migrants who typically accompany their parents
in harvesting and other agricultural work. (S. Rept. No. 1487, 89th
Cong., second sess., to accompany H.R. 13712, pp. 9 and 10)
