One missing punctuation mark cost this company $10 million
A single comma will end up costing one employer $10 million in unpaid overtime.
Drivers for the Maine-based Oakhurst Dairy are getting $10 million in overtime back following a class-action lawsuit.
List of conditions
Specifically, a missing comma in the following list of conditions of when OT doesn’t apply sunk the company:
“… marketing, storing, packing for shipment or distribution of productions.”
Lawyers for the class argued that a comma before the word “or” would be needed to explicitly deny overtime for workers who pack for shipment and, separately, for workers who distribute products.
The missing punctuation mark is known as the “Oxford comma” — used to separate the last two items in a series. Modern usage often omits the last comma, but doing so in a legally binding document can clearly have some serious and expensive consequences.
The lack of that single comma caused enough uncertainty to cause a court to rule in favor of the employees.
The court said that:
“the section of the law is ambiguous, even after we take account of the relevant interpretive aids and the law’s purpose and legislative history. For that reason, we conclude that, under Maine law, we must construe the exemption in the narrow manner that the driver’s favor, as doing so furthers the overtime law’s remedial purposes.”
But it was the attorney representing the class of employees who summed everything up best when he said:
“[Inclusion of] that comma would have sunk our ship.”
Free Training & Resources
Webinars
Provided by Yooz
Further Reading
Trader Joe’s has agreed to pay $12.47 million to settle a proposed class action lawsuit alleging violations of California’s wage and ho...
The IRS has started rolling out guidance on the One Big Beautiful Bill Act, which contains the no-tax-on-overtime provision and much more. ...
The IRS has revised Form W-4 for 2026, making the newly revised form available to employers during mid-December 2025. The updated form i...
With tax year 2024 Forms W-2 out the door, it’s time to turn your attention toward the changes IRS has made for TY 2025 forms. The IRS...
The Department of Labor (DOL) has finalized a technical amendment restoring the 2019 overtime salary threshold to the Code of Federal Regul...
Most finance leaders have business strategy on their minds all the time. But few ever consider payroll strategy – for everything ...