The exemption for shade-grown tobacco workers was added to the Act
by the Fair Labor Standards Amendments of 1961. The intent of the
committee which inserted the provision in the amendments which were
reported to the House (see H. Rept. No. 75, 87th Cong., first sess., p.
29) was to exclude from the minimum wage and overtime requirements of
the Act ``employees engaged prior to the stemming process in processing
shade-grown tobacco for use as cigar wrapper tobacco, but only if the
employees were employed in the growing and harvesting of such tobacco''.
The Report also pointed out that ``such operations were assumed to be
exempt prior to the case of Mitchell v. Budd, 350 U.S. 473 (1956), as a
continuation of the agricultural process occurring in the vicinity where
the tobacco was grown''. The original provision in the House-passed bill
was in the form of an amendment to the Act's definition of agriculture.
In that form, it would have altered the effect of the Supreme Court's
decision in the case of
Mitchell v. Budd, cited above, by bringing the described employees under
the exemption provided for agriculture in section 13(a)(6) of the Act.
(H. Rept. No. 75, p. 26, and H. Rept. No. 327, p. 17, 87th Cong., first
sess.) The Conference Committee, in changing the provision to provide a
separate exemption, made it clear that it was ``not intended by the
committee of conference to change * * * by the exemption for employees
engaged in the named operations on shade-grown tobacco 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,
supra, p. 18.)
