The language of section 13(b)(14) permitting application of the
exemption to country elevators selling products and services used in the
operation of a farm does not extend the exemption to an establishment
selling products and services to farmers merely because of the fact that
it is also equipped to provide elevator services to its customers. The
exemption will not apply if the extent of its business of making sales
to farmers is such that the establishment is not commonly known as a
``country elevator'' or is commonly recognized as an establishment of a
different kind. As the legislative history of the exemption indicates,
its purpose is limited to exempting country elevators that market farm
products, mostly grain, for farmers who are working long workweeks and
need to have the elevator facilities open and available for disposal
of their crops during the same hours that are worked by the farmers.
(See 107 Cong. Rec. (daily ed.) p.5883.) The reason for the exemption
does not justify its application to employees selling products and
services to farmers otherwise than as an incidental and subordinate part
of the business of a country elevator as commonly recognized. An
establishment making such sales must be ``such an establishment'' to
come within this exemption. An employer may, however, be engaged in the
business of making sales of goods and services to farmers in an
establishment separate from the one in which he provides the recognized
country elevator services. In such event, the exemption of employees who
work in both establishments may depend on whether the work in the sales
establishment comes within another exemption provided by the Act. (See
Remington v. Shaw (W.D. Mich.), 2 WH Cases 262, and infra,
Sec. 780.724.)
