LinkIn this class action lawsuit, drivers for Oakhurst Dairy sued the company over its failure to grant them overtime pay. According to Maine law, workers are entitled to 1.5 times their normal pay for any hours worked over 40 per week. However, there are exemptions to this rule. Specifically, companies don’t need to pay overtime for the following activities:
"The canning, processing, preserving, freezing, drying, marketing, storing, packing for shipment or distribution of:
1. Agricultural produce;
2. Meat and fish product; and
3. Perishable foods."
Note the end of the opening line, where there is no comma before the “or.”
Oakhurst Dairy argued its drivers did not qualify for overtime because they [engage in distribution]. However, the drivers argued the letter of the law said no such thing. Had there been an Oxford comma, it would be clear the law intended to exclude “packing for shipment” and “distribution” as two separate exempt activities.
Without that comma, as the judge maintained, this distinction was not clearcut... As a result, the court found in favor of the drivers, costing the dairy [company] an estimated $10 million.
Lightly edited for clarity.