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MAINE OXFORD COMMA LAWSUIT OVERTIME LAW SCREWS YOU, ME, & ... Appeals Court Agrees!!
tmz ^ | 3/16/17 | tmz

Posted on 03/16/2017 1:41:39 PM PDT by RummyChick

A bunch of dairy delivery drivers in Maine say the state's overtime law is unclear cause of a missing Oxford comma ... and no less than the Fifth Circuit Court of Appeals agreed.

The drivers are suing their employer -- Portland-based Oakhurst Dairy -- for unpaid overtime wages, arguing they qualify for that dough because of the confusing way Maine's labor law is punctuated ... without a comma to distinguish who exactly is exempt.

The part of the law they're dissecting says overtime doesn't apply to employees involved in the "canning, processing, preserving, freezing, drying, marketing, storing, packing for shipment or distribution of: (1) Agriculture produce; (2) meat and fish products; and (3) perishable foods." The drivers say because there's no comma before the words "or distribution" ... it means the law only applies to packers, not folks doing the actual distribution. At first, a lower court sided with Oakhurst, saying the law was quite clear ... but the appeals court said otherwise and sent it back down for further proceedings. That makes this case crazy, amazing, and downright weird as hell.


TOPICS: Chit/Chat
KEYWORDS: maine
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I agree with 5th circuit on this one.
1 posted on 03/16/2017 1:41:39 PM PDT by RummyChick
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To: RummyChick

I believe in the Oxford comma.

How we moved away from using it is beyond me.


2 posted on 03/16/2017 1:43:30 PM PDT by ConservativeMind ("Humane" = "Don't pen up pets or eat meat, but allow infanticides, abortion, and euthanasia.")
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To: ConservativeMind

I thought it was the law, after “eats, shoots, and leaves”.


3 posted on 03/16/2017 1:46:33 PM PDT by bigbob
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To: RummyChick

Comma, comma, comma, comma, comma, chameleon
You come and go......................


4 posted on 03/16/2017 1:51:14 PM PDT by Red Badger (Ending a sentence with a preposition is nothing to be afraid of........)
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To: ConservativeMind

I guess the 5th circuit believes in Bad Comma............


5 posted on 03/16/2017 1:52:04 PM PDT by Red Badger (Ending a sentence with a preposition is nothing to be afraid of........)
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To: RummyChick
https://encrypted-tbn1.gstatic.com/images?q=tbn:ANd9GcRb84DksohuKyy0GL9jO1ToSJ93fqbBi0TMntg6dD2aPHDx32sOfQ
6 posted on 03/16/2017 1:52:24 PM PDT by heterosupremacist (Domine Iesu Christe, Filius Dei, miserere me peccatorem!)
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To: RummyChick
I agree with 5th circuit on this one.

Me too, although it reads oddly without "and" before the last item in the list.

7 posted on 03/16/2017 1:52:45 PM PDT by Still Thinking (Freedom is NOT a loophole!)
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To: heterosupremacist

8 posted on 03/16/2017 1:53:18 PM PDT by heterosupremacist (Domine Iesu Christe, Filius Dei, miserere me peccatorem!)
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To: Still Thinking

You can distribute without shipping but shipping includes distribution.


9 posted on 03/16/2017 1:56:35 PM PDT by RummyChick
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To: heterosupremacist; RummyChick; bigbob

ALSO
Commas are your friend....

The Judge said the lawyer is an idiot.
The Judge, said the lawyer, is an idiot.

Capitals in the correct place can also be your friend...

Bill helped his Uncle Jack off his horse.
Bill helped his Uncle jack off his horse.


10 posted on 03/16/2017 2:09:27 PM PDT by xrmusn ((6/98)" "Brain cells come and brain cells go, But FAT cells live forever." Ducky)
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To: RummyChick

“canning, processing, preserving, freezing, drying, marketing, storing, packing for shipment or distribution of: (1) Agriculture produce; (2) meat and fish products; and (3) perishable foods.”

I’m not sure this exemption actually exempts anyone at all. Everyone is so focused on the comma they missed the “and”. I’d argued that unless you are packing all three of these products you are not exempt.


11 posted on 03/16/2017 2:18:24 PM PDT by edwinland
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To: RummyChick

It’s still a list, and a list has a last item (even if compound), and the last items in the list should be preceded by “and”, IMO.


12 posted on 03/16/2017 2:20:47 PM PDT by Still Thinking (Freedom is NOT a loophole!)
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To: RummyChick

13 posted on 03/16/2017 2:22:21 PM PDT by Tijeras_Slim
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To: RummyChick

This thread really brought out the grammar nazies! ,^)


14 posted on 03/16/2017 2:40:58 PM PDT by 6ppc (It's torch and pitchfork time)
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To: edwinland

In this case the series is an ‘or’ series, but the same rules apply as for an ‘and’ series....but at least it explains why there is not ‘and’.


15 posted on 03/16/2017 2:49:38 PM PDT by reed13k
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To: Still Thinking

Not true in a legal document.

Or means or
and means and
and/or means and or or
and a common means a difference.


16 posted on 03/16/2017 2:58:14 PM PDT by RummyChick
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To: RummyChick

Comma is your friend..Typos are bad...


17 posted on 03/16/2017 3:05:26 PM PDT by Deplorable American1776 (Proud to be a DeplorableAmerican with a Deplorable Family...even the dog is DEPLORABLE :-))
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To: edwinland

Here is the problem: “storing, packing for shipment or distribution of: “ shipment or distribution. the truckers are the distribution, but the absence of the comma after ‘shipment’ changes the meaning from “packing for shipping” and “distribution” to “packing for (either) shipment or distribution”, not distribution itself, hence the ruling.


18 posted on 03/16/2017 3:06:08 PM PDT by camle (keep an open mind and someone will fill it full of something for you)
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To: Deplorable American1776

auto correct is worse


19 posted on 03/16/2017 3:11:00 PM PDT by RummyChick
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To: RummyChick

20 posted on 03/16/2017 3:43:15 PM PDT by 10mm
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