Wednesday, December 25, 2019
The comma that paid workers $10 million
The comma that paid workers $10 mioThe comma that paid workers $10 millionIn a world of texting, email and casual sign-offs, good language still counts. Observe this high-stakes grammar lesson A U.S. appellate court decisionbetween a Maine dairy company and its delivery drivers came down to a punctuation mark. One missing Oxford comma in Maines state law could cost Oakhurst Dairy about $10 million in overtime pay.For those who arent familiar, the Oxford or serial comma is one of the most controversial punctuation marks among language lovers. Its the last comma in a series, but some people think it shouldnt exist. As language blog Grammarly notes, its the difference between, I love my parents, Lady Gaga, and Humpty Dumpty, and I love my parents, Lady Gaga and Humpty Dumpty. Those two sentences mean very different things.In 2014, three truck drivers filed a class-action lawsuit againstOakhurst Dairy for missing overtime pay. In its decision on March 13, the court reversed a lower court decision and sided with the truck drivers, arguingthat Maines overtime rules were written too ambiguously. Maines state law says that overtime does not apply in the following situationsThe 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.Grammar warsThe entire case hinged on the missing Oxford comma in the law between for shipping and distribution. The Associated Press, which is widely used in many newsrooms, argues against using the Oxford comma in its guidelines.Proponents say it adds clarity. Between saying myfriend, a clown and a congresswoman, or my friend, a clown, and a congresswoman, some, like these drivers, would say that the former situation means that my friend is a congresswoman.Without an Oxford comma, the drivers contended that packing for shipment of distribution of was defining the single activity of packing- ergo, not them. Delivery drivers distributed food but they didnt pack them.They argued that they were exempt from the overtime exemption.Oakhurst Dairy argued that distribution was written to be a separate activity, so it did include the scope of the drivers work.Maines own legal style guide says not to use Oxford commas. But these guidelines also emphasized clarity above all commas are the most misused and misunderstood punctuation marks in legal drafting and, perhaps, the English language. The style guide says commas should be used thoughtfully and sparingly.In the end,the judges sided with clarity and agreed that there was enough ambiguity in the drivers favor. The Oxford comma, we can now safely say, has been vindicated.
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