Did this Maine law without an Oxford comma require overtime pay for delivery drivers? (user search)
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  Did this Maine law without an Oxford comma require overtime pay for delivery drivers? (search mode)
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Question: Did this Maine law without an Oxford comma require overtime pay for delivery drivers?
#1
Yes
 
#2
No
 
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Total Voters: 16

Author Topic: Did this Maine law without an Oxford comma require overtime pay for delivery drivers?  (Read 616 times)
I spent the winter writing songs about getting better
BRTD
Atlas Prophet
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Posts: 113,032
Ukraine


Political Matrix
E: -6.50, S: -6.67

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« on: March 19, 2021, 08:57:22 AM »

Here's a lawsuit that involved the Oxford comma. Delivery drivers for a dairy company in Maine sued claiming that they were owned time and a half pay for overtime hours. Maine law required it for most workers but had exemptions listed out as:

Quote
“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.”

The lawsuit hinged on the lack of a comma after "shipment". The drivers argued that though they distributed the materials they didn't pack them and thus their job was not "packing for shipment or distribution". However the company argued that this referred to two different things: "packing for shipment" and "distribution", which the drivers' job would fall under.

The case was actually ruled on in the drivers' favor, and the law was rewritten shortly afterwards.
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I spent the winter writing songs about getting better
BRTD
Atlas Prophet
*****
Posts: 113,032
Ukraine


Political Matrix
E: -6.50, S: -6.67

P P
« Reply #1 on: March 19, 2021, 01:13:45 PM »

I think the best argument against the drivers' case would actually be that "packing for shipment or distribution" is a somewhat awkward phrase, as "shipment" is a part of "distribution". If the "or distribution" part was missing the drivers would unambiguously be eligible, but it's hard to imagine if any other packers would be or how someone would argue they are eligible because they pack "for distribution" instead of "for shipment". That implies the legislative intent was not to clarify what forms of packing were exempt but rather treating the packing and distribution as two separate items.
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I spent the winter writing songs about getting better
BRTD
Atlas Prophet
*****
Posts: 113,032
Ukraine


Political Matrix
E: -6.50, S: -6.67

P P
« Reply #2 on: March 19, 2021, 02:01:55 PM »

As written, I don’t think that they should’ve won, but in a way, I’m glad that they did. I’m also glad that the law was later clarified.

Morally yeah, especially as I don't see any reason why even the clearly outlined jobs should be exempt from overtime pay. But it's still a great example of why I tend to support using an Oxford comma, considering the obviousness of examples like "I was with my two cats, Ian MacKaye and Guy Picciotto." (and in cases where it doesn't clear up ambiguity it would be best to just rephrase the sentence.)
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