kat //

Still life , Books   -  Patrick Lee,  2021.

American, b. 1972 -

Aesthetic Moodboards // Ballet Academia

To dance is to create a sculpture that is only visible for a moment.

Edgar Degas (1834-1917, French) ~ Four Dancers, 1899 

An appellate court ruled in favor of Maine dairy drivers in a labor dispute that hinged on the oft-debated piece of punctuation.

For anyone who’s ever wondered what all the fuss is about over Oxford commas, the circuit judge’s 2017 opinion says it all: “For want of a comma, we have this case.”

The Oxford comma debate, and a $10 million comma

In this class action lawsuit, drivers for Oakhurst Dairy sued the company over its failure to grant them overtime pay.

Workers in Maine are entitled to 1.5 times their normal pay for hours worked over 40 per week, according to state law. However, there are exemptions to this rule. Specifically, the law states, companies don’t have to pay overtime for the following activities:

The canning, processing, preserving, freezing, drying, marketing, storing, packing for shipment or distribution of:

Agricultural produce;

Meat and fish product; and

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, and the spirit of the law intended to list “packing for shipment” and “distribution” as two separate exempt activities.

However, the drivers argued the letter of the law said no such thing. Without that telltale Oxford comma, the law could be read to exclude only packing — whether it was packing for shipment or packing for distribution. Distribution by itself, in this case, would not be exempt.

Without that comma, as the judge maintained, this distinction was not clear-cut:

If that exemption used a serial comma to mark off the last of the activities that it lists, then the exemption would clearly encompass an activity that the drivers perform. And, in that event, the drivers would plainly fall within the exemption and thus outside the overtime law’s protection. But, as it happens, there is no serial comma to be found in the exemption’s list of activities, thus leading to this dispute over whether the drivers fall within the exemption from the overtime law or not.

As a result, the court found in favor of the drivers, costing the dairy an estimated $10 million.