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ARTICLE · 29 MARCH 2017

Comma, Comma, Comma, Comma, Comma Chameleon: Liability Comes and Goes with Oxford Comma

In that case, a group of dairy delivery drivers sued Oakhurst, claiming the company failed to pay them overtime under Maine's wage and hour laws.

United StatesEmployment and HR

Seyfarth Synopsis:  Vampire Weekend crassly and rhetorically asked us, "Who gives a f*** about an Oxford comma?" As it turns out, lots of people: First Circuit judges, dairy farmers in Maine, truck drivers, your authors—the list goes on.

And when lists go on—as a Maine dairy company recently learned the hard way in O'Connor v. Oakhurst Dairy—that little comma between the last item and the next-to-last item goes a long way in avoiding any ambiguity. In that case, a group of dairy delivery drivers sued Oakhurst, claiming the company failed to pay them overtime under Maine's wage and hour laws.

Oakhurst argued that dairy delivery drivers are overtime-exempt under Maine's "Exemption F." Under Exemption F, Maine's overtime law does not apply to:

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