Dairy Workers Paid $5 Million Because of Missing Comma

Oakhurst Dairy in Portland, Maine has settled a class-action suit to pay 127 workers $5 million in owed overtime pay because of a missing Oxford comma in state law.

The reason was a missing Oxford comma — the final comma used before a conjunction — in state law. In this case, the conjunction was the word “or.”

Judge David Barron wrote at the beginning of his 29-page ruling: “For want of a comma, we have this case.”

No Oxford comma was used in a statute listing of conditions when overtime pay does not apply: “…marketing, storing, packing for shipment or distribution of” products. Without the comma, the drivers argued that it reads as a single act, and since they didn’t actually do any packing, they shouldn’t have been exempt from overtime pay.

The 127 drivers filed a class-action suit in 2014.

In the settlement, Oakhurst did not admit to wrongdoing but believed further litigation would be protracted and expensive.

The five drivers who led the suit, called the “named plaintiffs,” will receive $50,000 each from the settlement fund. Other drivers will have to file claims to get a share of the fund, and will be paid a minimum of $100 or the amount of overtime pay they were owed, based on their work records from May 2008 until August 2012.

After the appeals court ruling edited this exemption, the Maine Legislature replaced the punctuation with semicolons.

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