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 629 times)
Donerail
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« on: March 19, 2021, 09:59:22 AM »

Yes, but not for reasons involving the serial comma. Every item on that list is a gerund, except for "shipment" and "distribution." If they were supposed to be read as part of the same series, it would read "storing, packing for shipment or distributing of." Of course in a real case you'd also look at the legislative history, which I'm too lazy to do here, but grammatically I think this favors the drivers.
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Donerail
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« Reply #1 on: March 19, 2021, 12:44:37 PM »

Yes, but not for reasons involving the serial comma. Every item on that list is a gerund, except for "shipment" and "distribution." If they were supposed to be read as part of the same series, it would read "storing, packing for shipment or distributing of." Of course in a real case you'd also look at the legislative history, which I'm too lazy to do here, but grammatically I think this favors the drivers.

Mixing gerunds and non-gerunds is perfectly grammatically permissible and not indicative one or another unless it's totally ambiguous. But it's not, as indicated above.
But it's also grammatically permissible to omit the conjunction! It is unusual, but so is a series of mixed gerunds and non-gerunds.
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Donerail
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« Reply #2 on: March 19, 2021, 09:21:53 PM »
« Edited: March 19, 2021, 09:29:28 PM by Gulf Coastal Elite »

No, it's not permissible in proper English to omit the conjunction. Doing so creates ambiguity (is the rule that they have to be all of those the items in the list, or only one?). Sure, you might leave out  the conjunction in casual speech or writing (it's totally fine to speak or write ungrammatically, accepting that context clears up the ambiguity created), but that's not relevant.
It is frequently permissible in proper English to omit the conjunction, just as it is permissible to add additional conjunctions. Asyndeton and polysyndeton are well-recognized rhetorical techniques that can be found in a variety of texts, from "I came, I saw, I conquered" to "Government of the people, by the people, for the people."

Statutes are no exception — plenty of rules say something like "plaintiffs may be joined if" and then go on to list various conditions, without including a conjunction before the final item in the list. The legislature probably should not do that, because (as you mentioned) it creates ambiguity, but it is not impermissible or unknown in formal writing.

Mixing gerunds and non-gerunds isn't a grammatical rule at all and doesn't indicate anything.
Yes it is — parallel structure is a well-recognized rule of English grammar. If the legislature is writing a list and chooses to break the pattern, the use of a different form should carry some meaning.
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