And finally…a costly comma-plication

The dispute centres around the use (or lack thereof) of the so-called ‘Oxford comma’ or ‘serial comma’ which is used before the words “and” or “or” in a list of three or more things.

It is intended to clarify sentences in which things are listed.

As Grammarly notes, the sentences “I love my parents, Lady Gaga and Humpty Dumpty” and “I love my parents, Lady Gaga, and Humpty Dumpty” are a little different. Without the Oxford comma, it looks like the parents in question are, in fact, Lady Gaga and Humpty Dumpty.

In the case brought against Oakhurst Dairy in Maine, truckers pointed to The New England state’s law that says the following activities do not qualify for overtime pay: “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 drivers said the lack of a comma between “shipment” and “or distribution” meant the legislation applied only to the single activity of “packing”, rather than to “packing” and “distribution” as two separate activities.

And because drivers distribute the goods, but do not pack them, they argued they were therefore eligible for overtime pay - backdated over several years.

A district court had earlier ruled in favour of the dairy firm.

But an appeal court has sided with the drivers, saying the lack of a comma in the state of Maine’s overtime laws made the regulations too ambiguous.

Overturning the previous rulling, Judge David J Barron wrote: “We conclude that the exemption’s scope is actually not so clear in this regard.

“And because, under Maine law, ambiguities in the state’s wage and hour laws must be construed liberally in order to accomplish their remedial purpose, we adopt the drivers’ narrower reading of the exemption.”

The Guardian newspaper has said the ruling will “will delight grammar nerds and Oxford comma enthusiasts anywhere” but it may prompt lawyers and accountants to take more care with their grammar.

However, Oakhurst Dairy is likely to appeal.