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ARTICLE · 29 MARCH 2017

Missing Comma May Prove Costly

Gardiner Roberts LLP
Gardiner Roberts LLP
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Good legal writing is an important skill.

CanadaEmployment and HR

Good legal writing is an important skill.

The failure to properly draft a contract or a legislative provision can have significant consequences for parties who believe that a document or provision says one thing, when it actually means something else.

As recently determined in O'Connor v. Oakhurst Dairy (United States Court of Appeal, 1st Circ., March 13, 2017), the omission of a comma from an exemption under Maine's overtime law may cost an employer millions.

Whereas delivery truck drivers claimed entitlement to years of unremitted overtime pay, their employer contended that they were disentitled to overtime pay because a particular statutory exemption applied to them.

The specific statutory exemption provided that the protection of Maine's overtime law did not apply to:

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