(a) The phrase ``by a farmer'' covers practices performed either by
the farmer himself or by the farmer through his employees. Employees of
a farmers' cooperative association, however, are employed not by the
individual farmers who compose its membership or who are its
stockholders, but by the cooperative association itself. Cooperative
associations whether in the corporate form or not, are distinct,
separate entities from the farmers who own or compose them. The work
performed by a farmers' cooperative association is not work performed
``by a farmer'' but for farmers. Therefore, employees of a farmers'
cooperative association are not generally engaged in any practices
performed ``by a farmer'' within the meaning of section 3(f) (Farmers
Reservoir Co. v. McComb, 337 U.S. 755; Goldberg v. Crowley Ridge Ass'n.,
295 F. 2d 7; McComb v. Puerto Rico Tobacco Marketing Co-op Ass'n., 80 F.
Supp. 953, 181 F. 2d 697). The legislative history of the Act supports
this interpretation. Statutes usually cite farmers' cooperative
associations in express terms if it is intended that they be included.
The omission of express language from the Fair Labor Standards Act is
significant since many unsuccessful attempts were made on the floor of
Congress to secure special treatment for such cooperatives.
(b) It is possible that some farmers' cooperative associations may
themselves engage in actual farming operations to an extent and under
circumstances sufficient to qualify as a ``farmer.'' In such case, any
of their employees who perform practices as an incident to or in
conjunction with such farming operations are employed in
``agriculture.''
