One Little Oxford Comma Cost a Maine Dairy Company $10 Million
Anna Cieslik
3/18/2017 @11:45 AM
oakhurst dairy products
Source: Oakhurst Dairy
Cereal and milk are a match made in heaven, but apparently serial commas and dairy companies are not such an ideal pair. Maine milk company Oakhurst Dairy might end up having to pay millions of dollars, all because a dispute about overtime payment came down to a single comma.
In an epic David and Goliath story, three delivery truck drivers took their employer, Oakhurst Dairy, to court. They demanded compensation for over four years' worth of overtime work. Maine laws dictate that hourly employees must be paid 1.5 times more per hour once they surpass a 40-hour work week.
But Oakhurst said that it didn't actually owe these truck drivers anything. According to another Maine law, these overtime laws do not pertain to "The canning, processing, preserving, freezing, drying, marketing, storing, packing for shipment or distribution of: (1) Agricultural produce; (2) Meat and fish products; and (3) Perishable foods." Since the truck drivers were distributing perishable foods, that 1.5 pay rate overtime rule shouldn't apply to them...right?
Wrong. The truck drivers (or rather, their lawyers) argued that the law was phrased in a way that neglected to include Oakhurst delivery drivers. Look at the list at the beginning of that law again. The list says, "packaging for shipment or distribution of," which makes it sound like people who package and distribute are not eligible for overtime. Since these truck drivers don't package the goods, their lawyers say this exception to the overtime law doesn't apply to them.
In reality, the list actually means people involved in the packaging or distributing processes are not eligible for overtime. But the lack of a comma separating those final two list items, also known as a serial comma or Oxford comma, makes the law's true meaning confusing. Confusing enough, in fact, that a district court ruled in favor of Oakhurst initially, before an appeals court reversed that ruling and sided with the drivers.
Although it was pointed out that Maine's legislative style guide calls for no Oxford commas, it's widely understood among grammar enthusiasts (read: copy editors and writers) that adding one final comma is OK in certain situations. Basically, if the New York Times and NPR are willing to add an Oxford comma to a list for clarity's sake, it seems fair enough to demand that our elected officials do the same. It's time we all start practicing safe grammar!