One requirement for exemption is that the employee be employed in
``agriculture.'' ``Agriculture,'' as used in the Act, is defined in
section 3(f) as follows:
(f) ``Agriculture'' includes farming in all its branches and among
other things includes the cultivation and tillage of the soil, dairying,
the production, cultivation, growing, and harvesting of any agricultural
or horticultural commodities (including commodities defined as
agricultural commodities in section 15(g) of the Agricultural Marketing
Act, as amended), the raising of livestock, bees, fur-bearing animals,
or poultry, and any practices (including any forestry or lumbering
operations) performed by a farmer or on a farm as an incident to or in
conjunction with such farming operations, including preparation for
market, delivery to storage or to market or to carriers for
transportation to market.
An employee meets the tests of being employed in agriculture when he
either engages in any one or more of the branches of farming listed in
the first part of the above definition or performs, as an employee of a
farmer or on a farm, practices incident to such farming operations as
mentioned in the second part of the definition (Farmers Reservoir &
Irrigation Co. v. McComb, 337 U.S. 755). The exemption applies to ``any
employee'' of a farmer whose employment meets the tests for exemption.
Accordingly, any employee of the farmer who is employed in
``agriculture,'' including laborers, clerical, maintenance, and
custodial employees, harvesters, dairy workers, and others may qualify
for the exemption under section 13(b)(13) if the other conditions of the
exemption are met.
