What do federal public sources show about the origin of the Fair Labor Standards Act overtime exemption for agricultural employment?

Short answer

Federal public records show that the Fair Labor Standards Act of 1938 placed “any employee employed in agriculture” outside sections 6 and 7, the Act’s then minimum-wage and maximum-hours provisions. [1] The selected records show how that federal exemption appeared in the statute and later moved to 29 U.S.C. § 213(b)(12), but they do not establish why Congress chose the agricultural exemption in 1938. [1] [2] This is a limited federal historical overview, not a decision about any worker or job.

What the federal record shows

The June 11, 1938 conference report proposed the final section 13(a) text. Its sixth listed exemption said that sections 6 and 7 would not apply to “any employee employed in agriculture.” [1]

In the House Code version displayed through October 9, 2026, the federal overtime provision appears at 29 U.S.C. § 213(b)(12). [2] The Department of Labor’s interpretive text says that section 13(b)(12) retained the agricultural-exemption wording that had appeared in section 13(a)(6) before the 1966 amendments. [3]

An **overtime exemption** is a rule that can remove an otherwise applicable federal overtime requirement when its terms are met. The Department’s text says that this exemption concerns overtime only; it does not itself remove minimum-wage, child-labor, recordkeeping, or other Fair Labor Standards Act requirements. [3]

What this limited history does not answer

The selected primary materials do not state a general reason Congress included the agricultural exemption in 1938. The conference report states the Act’s overall policy and shows the exemption text, but it does not, in the selected material, give a reason for this particular exemption. A policy-rationale answer needs a separately authorized review of complete public legislative materials that directly address that question.

This overview also does not decide whether a particular job qualifies for the federal exemption. The Department’s text states that the exemption is limited to agriculture and that the work must fall clearly within the relevant statutory language. [3]

When the answer may be different

1. A question about a particular job can depend on job duties, place, dates, and other rules not addressed here.
2. State, territorial, tribal, or local wage-and-hour rules may provide different protections.
3. An employment contract or collective-bargaining agreement may contain different terms.
4. The current legal text should be checked again for the relevant date. The House Code page used here displayed laws through October 9, 2026, and the eCFR page used here displayed Title 29 through October 22, 2026; neither display date reaches this review’s October 25, 2026 as-of date. [2] [3]

Helpful next steps

1. For a historical question about Congress’s reasons, ask for a source review that identifies complete public 75th Congress materials directly addressing the agricultural exemption.
2. For a current workplace question, identify the work location, dates, job duties, and any applicable public wage-and-hour rule or employment agreement.
3. Check the current official text and version date for the federal provision before relying on a historical overview.
4. If an actual coverage question turns on those facts, consider having a qualified professional review the current rules and the work arrangement.